Sadovenko A. Administrative and Legal Regulation of Cosmetological Services Market in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U101224

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

23-04-2021

Specialized Academic Board

Д 26.062.16

National Aviation University

Essay

The dissertation is focused on the research of the content and specific features of administrative and legal regulation of cosmetological services market in Ukraine. The author has formulated own definition of the concepts of “administrative and legal regulation of cosmetological services market”, “administrative and legal means for regulating cosmetological services market”, “cosmetological services”, “cosmetic services”. The author has carried out the distinction between the concepts of “cosmetological services”, “cosmetic services” and “medical services” in view of their affiliation to the field of cosmetology and health care. Services in the field of beauty have been classified into cosmetological and cosmetic according to the criteria of “purpose of application” and “nature of practical implementation”. The author has determined the following key features of the current state of administrative and legal regulation of cosmetological services market in Ukraine: the lack of a single (unified) object of legal regulation, as a result administrative and legal regulation of cosmetological services market affects various spheres of public relations. Including health care, economic (business) activities, technical regulation and conformity assessment, title provisions of administrative and legal regulation of cosmetological services market are focused on the bylaw level, the current state of administrative and legal regulation, which does not meet the specifics of public relations in this area. The author has formulated and characterized the system of principles of administrative and legal regulation of cosmetological services market, which includes the following components: generally legal principles of law; sectoral principles (principles of administrative law); special principles of cosmetological services market. The author has singled out the main forms of administrative and legal regulation of cosmetological services market – legal and organizational ones. According to the content criterion the author has determined the most important functions of the subjects in the field of cosmetology – central, territorial and local executive agencies, as well as local self-government agencies, which are: rule-making, managerial, regulatory, control, lawenforcement, human rights protection. The author has revealed the features of the system of subjects for the regulation of cosmetological services market, which include: the general purpose of such regulation; subordination of the tasks of each subject of the system to the general purpose of regulation; awareness of the system of its tasks and understanding of the general purpose of regulation by each subject; performance of the regulation of cosmetological services market of the functions arising from the set tasks by each subject; specific relations between the subjects of regulation of cosmetological services market; presence of a coordinating agency; mandatory feedback. It has been concluded that there is no comprehensive approach to the formation of the system of subjects for regulating cosmetological services market, and hence the current system of subjects for regulating cosmetological services market in Ukraine, which negatively affects its efficiency, lawenforcement activities of the subjects and, consequently, legal opportunities to protect the rights and interests of consumers of cosmetological services.

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