Symonyan A. Economic and legal status of a subject of medical practice

The object of research is the relations that arise in the process of creation, functioning and termination of subjects of medical practice. The purpose of the study is the development and justification of new provisions aimed at improving the economic and legal status of the subject of medical practice on the basis of a comprehensive analysis of domestic and foreign legislation, theoretical sources and practical activities of subjects of medical practice. Research methods: general scientific and specially scientific methods of cognition, namely: the system method, the ascent from the abstract to the concrete, the formal-logical and analytical-synthetic, comparative-legal, induction and deduction, analysis and synthesis, and others. The theoretical and practical results are that for the first time in the national science of economic law a comprehensive study of the economic and legal status of subjects of medical practice was conducted, on the basis of which new and improved provisions on this status have been developed and proposals aimed at improving it have been prepared. The scientific novelty of the results obtained in the thesis is concretized in the following provisions. For the first time: the concept of the subject of medical practice was proposed, their classification was carried out according to the following criteria: a) the organizational form of the implementation of economic activity in medical practice; and b) the direction of the provision of medical care and other medical services; Periodization of the development of the legislation of Ukraine on the formation of the economic and legal status of the subject of medical practice for three periods; Formulated and proposed the principle of applying to the subject of medical practice forms of economic and legal responsibility. Improvements in the definition of a health care institution; The importance of the accreditation of the health care institution in acquiring the status of a subject of medical practice and in the implementation of this activity; Determination of managerial rights and responsibilities of the subject of medical practice; Determination of property necessary for the implementation of economic activities in medical practice, its integration into the concept of property medical resources; The grounds on which the subject of medical practice is exempt from economic responsibility, or who make this responsibility impossible; The application of cancellation of a license for a gross violation of the license conditions for the conduct of economic activities in medical practice; The establishment of facts of violation by the subjects of medical practice of the rights of consumers of medical services or the requirements of licensing conditions for the implementation of economic activities in medical practice. The provisions concerning the definition of the concept of medical practice as a type of economic activity in the sphere of health protection have been developed; Classification of health facilities; Acquisition and termination of the status of the subject of medical practice; Determination of organizational and property rights and duties of the subject of medical practice; Bases of economic and legal responsibility of the subject of medical practice; Justification for the imposition of an administrative and economic fine and suspension of the activities of the health care institution as administrative and economic sanctions for violation of the rules for the implementation of medical practice. Some provisions of the work are implemented in the activities of the Medical Center "Universal Clinic "Obereg" (LLC "Capital") (certificate No. 05 of 12.01.2015.) and are used in the activities of the State Institution "Institute of Emergency and Reconstructive Surgery named after V.K. Gusak of the National Academy of Medical Sciences of Ukraine" (certificate No. 88 of 01.04.2015). The draft Regulation "On the Basic Principles of Organization and Management of the Activity of the Subject of Medical Practice", was taken into account for use in the legislative activity of the Verkhovna Rada of Ukraine (reference of 16.07.2015 г.). Theoretical conclusions and proposals can contribute to the improvement of legislation to create and maintain the functioning of subjects of medical practice, in particular, to become a basis for the development of new legislative acts, as well as when preparing proposals for introducing changes and amendments to the current legislation. The theses can be used in the teaching of the disciplines "Civil Law", "Medical Law", the development and teaching of a special course "Legal Regulation of Medical Practice", the preparation of relevant sections in textbooks, teaching aids and so.