Gnedik I. Legal regulation of economic activities in the field of medical tourism

The legal nature and features of economic activity in the field of medical tourism in Ukraine are researched. The definition of “medical tourism” is formulated as well as identifies social relations subject to economic and legal regulation. An analysis of international documents on tourism was carried out. It was found provisions that could be a guideline for improving the legal regulation of such relations in Ukraine. The legal basis of the organization and implementation of economic activity in the field of medical tourism is analyzed, the directions for its improvement are justified taking into account international standards of tourism and medical activity. It is proved that economic activity in the field of medical services, as a necessary component of a tourism product for medical tourism, requires strict adherence to relevant norms and rules. The reason for this is the high risk of harm to the health and sometimes the life of the patient during medical tourism, a feature of which is a brief contact between the doctor and the patient. This circumstance determines the absence or insufficiency of information about the general state of health, the dynamics of the disease, the impossibility of medical supervision during the rehabilitation period, and other factors that increase the riskiness of this type of economic activity. It is concluded that economic activity in the field of medical tourism requires a special procedure for the formation and implementation of a tourism product. This product includes both a package of general tourism services and medical and health services (activities related to medical intervention, rehabilitation, etc.). Such services are provided not only by general subjects of tourism activity but also by entities having a special status of healthcare institutions, which requires special permits for medical practice. Business entities working in the field of medical tourism were investigated; identified subjects committing such activities illegally. The necessity of establishing requirements for the professional level of persons carrying out tour operator activities in the field of medical tourism, as well as written contracts with medical institutions that provide medical services and are responsible for their quality, is substantiated. The directions of cooperation of medical institutions in cooperation with tour operators are determined. It was proposed to create an open state register of foreign medical organizations that are entitled to provide medical services in accordance with the legislation of the country of location. The information in this register should be used by tour operators when forming a tourism product, as well as by the Ministry of Health when referring Ukrainian citizens for treatment at a government expense. For patients who go abroad for treatment at their own expense or at the expense of non-governmental organizations, such information will be advisory in nature. The powers, functions and circle of subjects of organizational and economic powers in the field of medical tourism are defined. A direct relationship has been established between state regulation of economic activity in the field of medical tourism and ensuring public interests in this area. Such interests are defined as the totality of public interests in the field of tourism, as well as healthcare. Attention is drawn to the direct relationship between state regulation of economic activity in the field of medical tourism and ensuring public interests in these relations, which are considered through a set of public interests in the field of tourism and in the field of health. The model of state regulation of such activities, which should include such functions as management, control and protection of public interests, was also investigated and refined. It is proposed to introduce amendments and additions to the Law of Ukraine “On Tourism”, as well as by-laws regarding the treatment of Ukrainian citizens abroad.