Peculiarities of the legal nature of contracts on the provision of medical services in Ukraine
DOI:
https://doi.org/10.31548/law2020.01.009Abstract
The article explores the main features of this type of civil contract as the agreement on the provision of medical services (services) in Ukraine. It was significant that the institute of this type of civil contracts has a long-lasting formation, which is still ongoing, since medical reform in Ukraine is one of the main priorities of Ukraine’s development now.
It was found that contracts for the provision of health services and a contract for public health services were defined by the legislation as concepts equivalent, underlined in the form of a single definition, as to «health care services (medical service) in Art. 3 of the Law of Ukraine «Fundamentals of the legislation of Ukraine on health care».
However, it was determined that by itself the concept of the contract on health care of the population was defined at the level of a special legislative act – the Law of Ukraine «On State Financial Guarantees of Health Care of the Population» of 19.10.2017. At the same time, we should understand that such a civil contract will be only a variant of a contract for the provision of medical services (services), because it is specific and primarily concerns the program of medical guarantees and is concluded between a healthcare institution on the one hand and an authorized person. m body from another, which is the National Health Service of Ukraine.
The conclusion was that a feature of modern contracts for the provision of medical services (services) is their fiduciary character, a particular subject composition, one of the parties of which is necessarily a medical institution as a whole, or a certain doctor in particular. In addition, the study focused on the need to include in the Civil Code of Ukraine a separate chapter in the contractual obligations – «Contracts for the provision of medical services».
Keywords: medical services contract, medical care, medical care, medical service, patient, medical institution
References
Konstytutsiia Ukrainy: Zakon Ukrainy 28.06.1996 № 254k/96-VR [The Constitution of Ukraine: Law of Ukraine of 28.06.1996 No. 254k/ 96-VR]. Available at: https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2% D1% 80 (accessed 30.01.2020) (in Ukrainian).
Gorislavska, I.V. (2019). Shchodo hendernoi rivnosti u realizatsii prava na okremi vydy sotsialnoi dopomohy. Pravo. Liudyna. Dovkillia: naukovo-praktychnyi zhurnal [On gender equality in the exercise of the right to certain types of social assistance. Law. Human. Environment: scientific and practical journal], 10(1): 108–113 (in Ukrainian).
Gorislavska, I.V. (2019). Do pytannia deliktnoi vidpovidalnosti medychnykh pratsivnykiv u systemi bezpeky patsiientiv v Ukraini ta sviti. Pravo. Liudyna. Dovkillia: naukovo-praktychnyi zhurnal [On the issue of tort liability of medical professionals in the safety of patients in Ukraine and in the world. Law. Human. Environment: scientific and practical journal], 10(4): 106–114 (in Ukrainian).
Volynets, T.V. (2018). Tsyvilno-pravovi zasoby zdiisnennia prava na medychnu dopomohu [Civil legal remedies for exercising the right to medical care]. Lviv, 16 (in Ukrainian).
Krasitskaya, L.V. (1999). Tsyvilno-pravovi zasoby zdiisnennia prava na medychnu dopomohu [Civil legal remedies for exercising the right to medical care]. Kharkiv, 19 (in Ukrainian).
Osnovy zakonodavstva Ukrainy pro okhoronu zdorovia: Zakon Ukrainy 19.11.1992 № 2801-XII [Fundamentals of the legislation of Ukraine on health care: Law of Ukraine of 19.11.1992 No. 2801-XII]. Available at: https://zakon.rada.gov.ua/laws/show/2801-12 (accessed 30.01.2020) (in Ukrainian).
Pro derzhavni finansovi harantii medychnoho obsluhovuvannia naselennia: Zakon Ukrainy 19.10.2017 № 2168-VIII [On State Financial Guarantees of Health Services for the Population: Law of Ukraine of 19.10.2017 No. 2168-VIII]. Available at: https://zakon.rada.gov.ua/laws/show/2168-19 (accessed 30.01.2020) (in Ukrainian).
Pro dohovory pro medychne obsluhovuvannia naselennia za prohramoiu medychnykh harantii: Postanova Kabinetu Ministriv Ukrainy 25.04.2018 № 410 [About contracts on medical care of the population under the program of medical guarantees] (accessed 30.01.2020) (in Ukrainian).
Maidanik, R.A. (2010). Dohovir pro nadannia medychnykh posluh [Medical Services Agreement. Medical Law], 5(1): 52–66 (in Ukrainian).
Krylova, O.V. (2006). Tsyvilno-pravove rehuliuvannia vidnosyn po nadanniu medychnoi dopomohy [Civil regulation of relations on the provision of medical care]. Odessa, 20 (in Ukrainian).
Buletsa, S.B. (2016). Tsyvilni pravovidnosyny, shcho vynykaiut u sferi zdiisnennia medychnoi diialnosti: teoretychni ta praktychni problemy [Civil legal relations arising in the sphere of medical activity: theoretical and practical problems]. Odessa, 437 (in Ukrainian).
Downloads
Published
Issue
Section
License
Relationship between right holders and users shall be governed by the terms of the license Creative Commons Attribution – non-commercial – Distribution On Same Conditions 4.0 international (CC BY-NC-SA 4.0):https://creativecommons.org/licenses/by-nc-sa/4.0/deed.uk
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
