Podzirov A. Administrative and Legal Provision for the Development of Medical Tourism in Ukraine

The author of the dissertation has accomplished a comprehensive study of theoretical and legal principles for the formation and development of medical tourism in Ukraine; has defined the problems of its administrative and legal provision and has elaborated suggestions for improving the national legislation in this area. The definition of the content of the concept of “medical tourism” has been formulated. Based on the analysis of the content of the concept of “medical tourism”, the author has distinguished three groups of scientific approaches to its understanding. The author has singled out the features of administrative and legal provision for the development of medical tourism. The author has formulated own definition of the concept of administrative and legal provision for the development of medical tourism. Specific principles of medical tourism have been distinguished. Three stages for the formation of the legal framework of medical tourism in Ukraine have been defined. Specific features of each of them have been revealed. Factors hindering the administrative and legal provision for the development of medical tourism in Ukraine have been determined. They include: political, economic and legal. The author has formulated own definition of the concepts “subjects of medical tourism” and “participants of medical tourism”. The expediency of distinguishing these concepts has been substantiated. According to powers the author has classified the subjects that ensure administrative and legal regulation of relations in the medical tourism sphere in Ukraine. The classification criteria for determining the types of administrative contracts in the medical tourism sphere have been offered. The functions of the administrative contract in the medical tourism sphere include the anti-collision, law-making and the function on the unification of local rule-making. The content of the concept of “forms of administrative and legal provision for the development of medical tourism” has been revealed. The author has determined the types of administrative and legal means for the development of medical tourism. The author has argued the need to improve legislation on licensing activities in the medical tourism sphere due to peculiarities and specificity of medical services as an element of the tourist product. The author has proved the expediency of introducing the accreditation of health care institutions at the legislative level, taking into account the riskiness of medical activity for the health and life of consumers of medical services and aimed at guaranteeing their real high-quality personnel, financial, technical and organizational provision. The author has substantiated the expediency of creating the Unified Information Register of Medical Institutions (national and foreign), which are the partners (with concluded contracts) in the medical tourism sphere. We offer to understand administrative and legal measures of ensuring the development of medical tourism as the system of power techniques provided by administrative and legal norms and methods of exercising administrative and legal influence of specially authorized agencies and officials on the consciousness and will of subjects carrying out activities within the medical tourism sphere, based on the balance of coercion and encouragement in order to prevent, detect and stop offenses in this area, to avert possible harmful consequences, to restore the legal status and, if necessary, to bring the guilty party to liability. Taking into account general directions and tendencies for improving the development of the tourism and resort sector determined by the Strategy for the Development of Tourism and Resorts for the period until 2026, the author has substantiated the feasibility of ensuring the development of resorts, in particular for the effective development of medical tourism. The grounds of administrative liability for violations of legislation in the medical tourism sphere have been analyzed. . Circulation of documents in the medical tourism sphere has been classified depending on the legally defined functions of a certain document. The author has singled out 9 groups of documents: administrative documents; transport documents; documents from payment and banking transactions; commercial documents; documents of primary accounting documentation; accounting documents; documents forming the system of corporate management and control; documents with specific features of the area; reporting documents. Perspective areas for improving administrative and legal provision for the development of medical tourism in Ukraine have been identified. The author has formulated suggestions for improving national legislation in the researched area.