Mulyar H. Administrative and legal support for the implementation of the right to health care.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U101452

Applicant for

Specialization

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

12-05-2021

Specialized Academic Board

Д 26.062.16

National Aviation University

Essay

Administrative and legal guaranteeing of the right to health care is defined as a system of actions of authorized entities, which provides target-oriented impact on the state of guaranteeing of the right to health care through law norms, means, forms and methods of administrative and legal influence. It has been stated that the realization of the right to health care is a process of transforming legally possible behavior enshrined in law norm into the actual action of the entity to support the preservation of physiological, psychological health, ability to work, social activity, expectancy of life. Administrative and legal means of guaranteeing of the right to health care are perceived as a set of techniques and methods of activity of medical legal relations entities, regulated by the norms of administrative law, applied in order to realize the right to health care. It has been established that the methods of studying administrative and legal guaranteeing of the right to health care are the system of philosophical, generally scientific, specific and special methods, which assist to the process of cognition of administrative provision of the right to health care in the state. The principles of administrative and legal guaranteeing of the right to health care have been offered to be understood as the initial provisions, principles and standards, which should be the basis for guaranteeing the realization of the right to health care by authorized entities. The functions of administrative and legal guaranteeing of the right to health care have been offered to understand as separate components (directions) of administrative and legal guaranteeing for its realization due to the nature and content of the right to health care. The author has carried out the classification of the indicated functions, which is based on organizational and regulatory components. It has been emphasized that the realization of the right to health care is ensured not only by the constitutional basis in the form of the relevant norm (norms), but also by a set of regulatory acts of administrative and legal nature, which ensure the provisions of the Constitution of Ukraine. The constitutional principles of the realization of the right to health care have been characterized. The author has studied the essence of the right to health care as a complex category, the content of which determines the directions for guaranteeing the realization of this right. A typology of models for guaranteeing the realization of the right to health care has been suggested. According to that typology the author has singled out: the basic, optional and absolute models, and has provided their advantages and disadvantages. The author has carried out the analysis of the main functions of the Verkhovna Rada of Ukraine on guaranteeing the realization of the right to health care. The forms of interaction of the Verkhovna Rada with the President of Ukraine in the field of health care have been determined. The author has suggested the systematization of powers of the Ministry of Health of Ukraine and their classification according to various criteria. The author has improved the definition of the legal status of central executive agencies and the scope of their powers on guaranteeing the realization of the right to health care.

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