Formation of Market Foundations of Health Care Organization in Ukraine (Commercial Legal Aspect)

Abstract

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.