Kachur A. Administrative-legal grounds of functioning healthcare institution in the system of National Healthcare Service of Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0823U100594

Applicant for

Specialization

  • 081 - Право

15-09-2023

Specialized Academic Board

РСВР 035

National University of Life and Environmental Sciences of Ukraine

Essay

The dissertation considers the administrative and legal norms of health care institutions in the system of the National Health Service of Ukraine. The importance of free health care for the population, raising its importance to the level of priority State tasks and defining it as an internal function of the modern state. It is emphasized that today the issue of administrative and legal relations in the field of health care remains a controversial category. Thus, disclosure of the role of the National Health Service of Ukraine as a system-forming subject of administrative legal relations, allows a better understanding of their content and significance for the legal system as a whole. It is argued that the success of the administrative and organizational legal relations in the field of health care depends on the quality of the relevant medical services provided to the population, as well as organizational issues regarding the speed and accessibility of their provision. It is investigated that the National Health Service of Ukraine is a newly created institute for launching the management system of the medical sphere, which is an improved approach to the health care system of Ukraine. It is stated that the current reform of the health care sector of Ukraine is aimed not only at achieving the declared norms on the free provision of medical services to the population, but also at the desire to improve the organization of the process of obtaining them, first of all, by citizens of their own country. In the process of reform, after the adoption of relevant legislation on the autonomy of health care institutions, medical institutions became almost completely independent of government departments. Independence from the relevant ministry is designed to ensure honesty, transparency and absence of corruption in the distribution of budget funds in the healthcare sector among the relevant institutions that have signed a contract with the National Health Service of Ukraine. However, such changes introduced by the healthcare reform do not speak of the absolute independence of health care institutions, since the need for administrative proceedings in the system of the national health service of Ukraine has always occurred. At the same time, public control remains an additional source of quality control over the provision of health care services, which ensures stability and transparency of legal relations between state bodies and society. The experience of functioning of developed countries shows that at this stage there is no perfect model for managing the health care sector in the world. However, the basis of sufficiently high-quality management of the medical sphere, as a rule, is based on human-centered, innovative approaches to the development of health care, focusing on the rights of patients and health care institutions as key subjects of this kind of legal relations. Protection and trengthening of health of citizens of the country, increasing their life expectancy and mobile activities, improving the quality of medical care are priority components of state social policy, one of the highest priority tasks and internal functions of the state. But at the same time, the state of success of administrative and organizational legal relations in the field of health care, which depend on the proper level of legal support and the ability to exercise and protect their own rights by health care institutions, is also important. Protection and strengthening of health of citizens of the country, increasing their life expectancy and mobile activities, improving the quality of medical care are priority components of state social policy, one of the highest priority tasks and internal functions of the state. But at the same time, the state of success of administrative and organizational legal relations in the field of health care, which depend on the proper level of legal support and the ability to exercise and protect their own rights by health care institutions, is also important.

Research papers

Качур А. С. Місце і роль Національної служби здоровʼя України у процесі забезпечення охорони здоровʼя. Юридичний науковий електронний журнал. 2022. № 10. С. 419–421.

Качур А. С. Статус Національної служби здоровʼя України крізь призму адміністративних повноважень. Наукові праці Національного університету «Одеська юридична академія». 2022. Т. ХХХ. С. 3–8.

Качур А. С. Адміністративні правовідносини у сфері надання медичних послуг. Наукові праці Національного університету «Одеська юридична академія». 2023. Т. ХХХІІ. С. 49–55.

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