The dissertation investigates theoretical and practical problems of legal regulation of medical care as a type of social security, as well as formulates proposals and recommendations for improving the current legislation of Ukraine in this area and the practice of its application.
The allocation of four levels in the health care system of Ukraine, namely: supranational, national, territorial and local, is substantiated and the peculiarities of each of these levels are characterized.
There are three stages of implementation of the electronic health care system: 1 stage - information; Stage 2 - implementation of the program "Affordable Medicines" under the management of the National Health Service of Ukraine with the issuance of electronic prescriptions for drugs; Stage 3 is the final one, aimed at creating a complete database of medical records of patients, which will help doctors get complete information about the patient's condition, and the latter - quick access to their own health information and improve and optimize the process of doctor-patient interaction.
The general characteristic of transformation of system of public health services in Ukraine in the conditions of medical reform is given, such its characteristic features are defined, as: independence of a choice of the doctor, creation of special body - National health service of Ukraine as the customer of medical services, the conclusion of contracts with payments to medical workers in medical institutions, etc. The legal status, functions and powers, practice of the National Health Insurance Fund as a component of the health care system are studied. The expediency of supplementing the sub-item of the third item 3 of the Regulation on the National Health Service of Ukraine with such tasks as taking preventive measures to promote a healthy lifestyle is argued.
The necessity of supplementing the list of basic principles of health care, enshrined in Art. 4 Fundamentals of the legislation of Ukraine on health care, such principles as: normative definition of conditions in the field of health care; impartial activity of health care workers; the principle of protection of motherhood and childhood; their content and features of realization in the conditions of medical reform are revealed.
A comparative legal analysis of international standards of medical care (UN, WHO, ILO, Council of Europe, EU) and Ukrainian legislation in this area. In general, the national practice of medical care meets international standards, while some provisions of international legal acts that establish standards in the study area are not reflected in the acts of national legislation of Ukraine.
In particular, in order to bring into line with Art. 11 of the European Social Charter (revised) provisions of the second part of Art. 16 of the Fundamentals of the Legislation of Ukraine on Health Care substantiates the expediency of supplementing the latter with provisions on the establishment and operation of advisory and educational services that would help improve health and increase personal responsibility in health matters.
The content of the right to health care, medical assistance and medical insurance has been studied. It is proved that the right to health care, medical assistance and medical insurance should not be considered as a single right, as provided in Art. 49 of the Constitution of Ukraine, and as a set of three separate subjective rights.
The relationship between the concepts of "medical care" and "medical service" is analyzed. It is established that these two concepts are correlated as a whole and separately.
The classification of medical care as a type of social security according to a number of criteria has been carried out.
The main features of emergency medical care, subjects of its provision, content, place of provision are singled out and characterized.
The need to eliminate the conflict between paragraph "c" of Art. 10 Fundamentals of the legislation of Ukraine on health care and part three of Art. 3 of the Law of Ukraine "On Emergency Medical Care", as the latter refers to the duty of "a citizen of Ukraine or any other person", and in paragraph "c"Аrt. 10 Basics - only citizens of Ukraine should take measures to ensure the provision of emergency medical care to other persons who are in an emergency.
The concept of "mutual assistance" as a type of emergency medical care is formulated.
Extended features of the content of tertiary (highly qualified) medical care, which includes measures to support and promote public health, disease prevention, development of physical, moral and intellectual abilities.
The main features and types of palliative care are identified.
Taking into account the features and content of medical rehabilitation, its main features are determined.
In the dissertation other theoretically substantiated offers on improvement of acts of the legislation concerning medical care as a kind of social security are formulated also.
