Pashkov V. Problems of economic-legal provision of relations in health protection sphere.

In dissertational research it is theoretically summarized and the new solution of a scientific problem which consists in working out the conceptual and methodological bases of system economic-legal provision of relations in health protection sphere is proposed. The legal nature and peculiarities of public relations in health protection sphere is researched, definition of such concepts as "medical activity" and "pharmaceutical activity" is formulated, and public relations which are coming under economic-legal regulation are defined. The special attention is paid to the most important, according to the author, aspects of distribution economic-legal status of health protection establishments. First of all, these are state and municipal medical-and-prophylactic establishments in the form of subjects of the noncommercial managing, financed from the budget which according to the Article 49 of the Constitution of Ukraine should render the free medical aid the customer of which the state in the name of special representative bodies should act. Among health protection establishments the separate place is occupied by non- managing subjects, the basic activity of which involves performing of public functions not connecting with rendering medical aid or services. In the work the reasons for arising and functioning of economic legal relations in medical and pharmaceutical service are proved. The essence and peculiarities of health protection establishments, and among them medical institutions, chemist's and pharmaceutical establishments and manufacturers of pharmaceutical production, are considered. Their author's definition is proposed. The question concerning organizational-economic powers of public authorities and local government in health protection sphere is researched. The economic competence of executive authorities and local government in the sphere of health protection is analyzed and classification of the economic competence of these bodies is made. The due attention is paid to the self-regulated organizations to which the proper mechanisms in realization of public interests in health protection sphere can be delegated. It is proposed, for the purpose of inserting in Fundamentals of legislation of Ukraine about public health protection, the definition of such concept as the economic-legal contract on rendering medical services. Depending on a kind of contracts the attention is paid to participants of economic-contractual relations as counterparts. Introduction of such legal category as "vital safety" is proved, that is a component of national safety which by means of system of rules in law, other state-legal and social means guarantees provision of constitutional rights and freedoms of a person and a citizen as for the right to health protection, medical aid and medical insurance, and also the right to life, the right to elimination of danger which threatens life and health and the personal non-property blessing - the right to health and life. On the basis of the analysis the norms of present and perspective legislation of Ukraine threats of vital safety, and also a way of their neutralization are formulated.