Seniuta I. Civil Legal Relations in the Sphere of Medical Care Provision in Ukraine: Theoretical and Practical Issues

A thesis is dedicated to a complex analysis of civil legal relations in the sphere of medical care provision, clarification of the essence, dynamics and legal nature of these relations, as well as definition of protective mechanisms and civil legal liability in this sphere. The updated concept-oriented terminology in the sphere of medical care provision was suggested, the framework of the notion “medical services provision” was defined and the place of the relations in the sphere of medical care provision within the relations of medical services provision was elucidated. A deal as a ground for the relations in the sphere of medical care provision was characterized, attention was paid to new legal instruments, which were implemented under the conditions of a medical reform, in particular declaration on choice of a doctor providing primary medical care, and a contract of medical services provision under the program of medical guarantees. Participants, objects and the content as elements of the relations were defined, peculiarities of the realization of rights in this sphere were characterized as well as the difference between contractual and tort liability in the sphere of medical care provision was elucidated. First chapter of the thesis discloses concept-oriented terminology in the sphere of medical care, as well as the origin of the national legal thought and the scientific and methodological principles of the research in the sphere of medical care provision. The difference between the notions of medical care, medical service and medical services provision was analyzed. Second chapter is dedicated to the theoretical analysis of the concept, types and elements of the relations in the sphere of medical care provision. The content of legal relations in the sphere of medical services provision was analyzed, the place of legal relations in the sphere of medical care provision within medical services relations was clarified and the definition of the concept of “civil legal relations in the sphere of medical care provision” was proposed. The objects of different types of legal relations, which constitute legal relations in the sphere of medical care provision, were defined, and the framework of the realization of legal relations was determined. Peculiarities of realization of certain rights and fulfilment of the responsibilities in the sphere of medical care provision were determined. In the third chapter different grounds for the emergence, changing and termination of the civil legal relations in the sphere of medical care provision were analyzed. The concepts and types of legal presumptions in the field of health care are highlighted and special presumptions in the sphere of medical care provision were elucidated. The system of basic and additional grounds for the emergence of the relations in the sphere of medical care provision was suggested. The legal nature of the contract on medical services provision under the program of medical guarantees and the essence of legal structure was analyzed and a declaration on the choice of the doctor providing primary care was determined. Chapter four of the thesis describes the essence and peculiarities of civil legal protection of the rights in the sphere of medical care provision. In particular different forms, methods and means of rights protection in the sphere of medical care provision were described. The ways and means of rights protection in the sphere of medical care provision were defined, the introduction of medical arbitration in Ukraine was proved and the benefits of mediation as a pre-trial non-jurisdictional method of protection were defined. In the chapter five of the thesis specific features of the civil legal liability in the sphere of medical care provision were characterized. The possibility of combining of contractual and tort liability when concluding a medical services agreement was determined. The doctrinal and practical delineation of contractual and tort liability in the field of medical care provision was clarified and specific features of tort and contractual and tort liability were defined. Scientifically grounded proposals for the realization of rights and application of the laws were provided in the thesis, as well as proposals concerning the improvement of civil legal regulation of the relations in the sphere of medical care provision are highlighted in light of a current medical reform.