Peculiarities of the legal nature of contracts on the provision of medical services in Ukraine
| Autor: | Liliia Kniazka, Olena Artemenko |
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| Rok vydání: | 2019 |
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| Zdroj: | Law. Human. Environment. 11 |
| ISSN: | 2663-1369 2663-1350 |
| Popis: | 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 |
| Databáze: | OpenAIRE |
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