Formation of Market Foundations of Health Care Organization in Ukraine (Commercial Legal Aspect)
Keywords:health care reform, medical services market, medical non-commercial economic activity, legal support of medical reform
In the article were analyzed the state and prospects of further medical reform in Ukraine. The authors set themselves the goal of conducting a study of the essence of health care reform, and during this process advantages and disadvantages of implemented changes in this area were characterized. The importance of this study lies in the fact that human health and life are recognized at the constitutional level as the highest price, and therefore their protection requires special attention from the state. Promoting the development of health care system improve the quality of life of the population, which in the future will have a positive effect on the economic development of the country. Four main directions of the reform were developed in the work, such as improving the quality of medical services, optimizing the financing of the health care system, improving the management system, and changes in the pharmaceutical sector. An important achievement of the reform is the introduction of the medical services market, which has its own specific features and base on the principle of free competition and financial transparency. The article focuses on the legal regulation of public relations in the field of health care. Legislative provision of this is considered from the point of view of creating a competitive market for medical services, which is opposed to the administrative model of ensuring citizens' health care. The institutional nature of the organization of such market with relevant entities providing services competing with each other is emphasized; medical service in its commodity-value aspect; introduction of the principle of consumer choice of medical service and the entity that provides it; creation of a special state agency that pays the cost of the provided medical service to the relevant subject of medical activity for the benefit of the beneficiary-consumer, who chose this particular subject. Accordingly, the driving force of the market is recognized the actual medical economic activity. Taking into account the above, the article, based on the analysis of the relevant legal acts, concludes that relations in the field of health care have been transformed in the direction of the economic and legal nature of their regulation. This is evidenced by the use of stable constructions of economic law, namely: economic activity; non-commercial management; communal non-commercial enterprise; state regulation of economic activity; subject of organizational and economic powers, etc. The continuation of scientific researches on this issue will contribute to the further development of the national health sector, including by improving the public management of this component of the national economy.
European Social Charter (revised). Retrieved from https://zakon.rada.gov.ua/laws/show/994_062#Text.
Constitution of Ukraine. (1996, June). Retrieved from https://zakon.rada.gov.ua/laws/show/254%D0%BA/96%D0%B2%D1%80#Text.
Law of Ukraine No. 2801-XII "Fundamentals of Ukrainian legislation on health care" (1992, November). (1993). Official Bulletin of the Verkhovna Rada of Ukraine, 4, аrt. 19.
Romaniuk, P.T., & Semigina, T. (2018). Ukrainian health care system and its chances for successful transition from Soviet legacies. Globalization and Health, 14(116). https://doi.org/10.1186/s12992-018-0439-5.
2021 GHS Index Country Profile for Ukraine. URL:https://www.ghsindex.org/country/ukraine/.
Zadykhaylo, D.V. (2012) Commercial law. Kharkiv: Pravo.
Buletsa, S.B., & Menjul, M.V. (Eds.). (2021). Medical law. Uzhgorod: "RIK-U".
Law of Ukraine No. 2002-VIII "On the introduction of changes to some legislative acts of Ukraine regarding the improvement of the legislation on the activities of health care institutions". (2017, April). (2017). Official Bulletin of the Verkhovna Rada of Ukraine, 21, аrt. 245.
Law of Ukraine No. 2168-VIII "On state financial guarantees of medical care for the population". (2017, October). (2018). Official Bulletin of the Verkhovna Rada of Ukraine, 5, аrt. 31.
Resolution of the Cabinet of Ministers of Ukraine No. 1101 "Regulations on the National Health Service of Ukraine". (2017, December). Retrieved from https://zakon.rada.gov.ua/laws/show/1101-2017-%D0%BF#Text.
National strategy for reforming the health care system in Ukraine for the period 2015–2020. Retrieved from https://uoz.cn.ua/strategiya.pdf.
Resolution of the Cabinet of Ministers of Ukraine No. 157 "On amendments to the resolutions of the Cabinet of Ministers of Ukraine No. 410 and No. 1440". (2022, February). Retrieved from https://zakon.rada.gov.ua/laws/show/157-2022-%D0%BF#Text.
Меlnychenko, O.A., Chovpan, G.O., Udovychenko, N.M., Muratov, G.R., Кravchenkо, Zh.D., Rohova, O.G., & Kutuzyan, Zh.M. (2021). The medical reform: realities and prospects for Ukraine. Wiadomości Lekarskie, 74, 1208-1212. Retrieved from https://wiadlek.pl/wp-content/uploads/arc.
The 2030 health care strategy will allow citizens to receive high-quality free medical services throughout Ukraine. Reanimation package of reforms. Retrieved from https://rpr.org.ua/news/stratehiia-okhorony-zdorov-ia-2030-dozvolyt-hromadianam-otrymuvaty-iakisni-bezkoshtovni-medposluhy-po-vsiy-ukraini-kerivnytsia-dyrektoratu-moz/.
The Commercial Code of Ukraine. (2003, January). Retrieved from https://zakon.rada.gov.ua/laws/show/436-15#Text.
Senyuta, I.Ya. (2018). Declaration on the choice of a doctor who provides primary medical care: certain regulatory shortcomings. Ukrainian medical journal. Retrieved from https://www.umj.com.ua/article/125026/deklaratsiya-pro-vibir-likarya-yakij-nadaye-pervinnu-medichnu-dopomogu-okremi-normativni-nedoliki.
Maidanik, R.A. (2010). Agreement on the provision of medical services. Medical law, 5(1), 52-66. Retrieved from http://medicallaw.org.ua/uploads/media/Maydanyk.pdf.
Buletsa, S.B. (2020). E-health system in Ukraine. In S.B. Buletsa, & M.V. Mendzhul (Eds.). The fourth generation of human rights: peculiarities of legal regulation, problems and prospects for development in the field of health care (pp. 97-104). Uzhhorod: UzhNU "Hoverla".
Resolution of the Cabinet of Ministers of Ukraine No. 1013-р "The concept of health care financing reform". (2016, November). Retrieved from https://zakon.rada.gov.ua/laws/show/1013-2016-%D1%80#Text.
Resolution of the Cabinet of Ministers of Ukraine No. 1464 "The procedure for implementing the program of state guarantees of medical care for the population in 2023" (2022, December). Retrieved from https://zakon.rada.gov.ua/laws/show/1464-2022-%D0%BF#Text.
Zadykhaylo, D., Milash, V., & Yarotskiy, V. (2020). Current state of health reform in Ukraine in the conditions of European integration. Georgian Medical News, 12(309), 172-176.
Order of the Ministry of Health No. 504 "Order provision of primary medical care". (2018, March). Retrieved from https://zakon.rada.gov.ua/laws/show/z0348-18?lang=en#Text.
European Charter of Patients' Rights. Retrieved from https://phc.org.ua/sites/default/files/uploads/files/hartia.pdf.
Shabanov, R.I., & Novikov, D.O. (2021). Problems of legal regulation of salaries of medical workers in the conditions of medical reform. Law and Society. 6, 132-137. https://doi.org/10.32842/2078-3736/2021.6.19.
Blinken, Antony J., & Becerra, Xavier (2021). Strengthening global health security and reforming the international health regulations making the world safer from future pandemics. JAMA, 326(13), 1255-1256. https://doi.org/10.1001/jama.2021.15611.
Draft Law No. 6013 "The peculiarities of the regulation of entrepreneurial activity of certain types of legal entities and their associations in the transition period" (2019, August). Retrieved from http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=72707.
How to Cite
Copyright (c) 2023 Дмитро Задихайло, Анна Савченко
This work is licensed under a Creative Commons Attribution 4.0 International License.