ДО ПРОБЛЕМИ ВИЗНАЧЕННЯ ДЕФІНІЦІЇ "АДМІНІСТРАТИВНІ ПОСЛУГИ У СФЕРІ ОХОРОНИ ЗДОРОВ'Я"

Abstract

The publication addresses the analysis of the content of the category "administrative services in the field of healthcare" in the scientific literature and domestic legislation. The content of the definition of "administrative services" is considered separately. There are several approaches to understanding these concepts. Emphasis is placed on the positions of modern Ukrainian scientists who have studied this issue. It is claimed that in the modern domestic literature there are two approaches to understanding the meaning of "administrative services". The first considers them through the prism of legal relations that arise from the exercise of subjective rights of a natural or legal person in the process of public authority of the administrative body. The second approach focuses on the activities of authorized executive bodies, local governments, and their officials, which is carried out on a declarative basis. The signs of administrative services include normativeness, initiative, targeting, compliance of the subject with the regulatory requirements specified by law, procedural nature, and legal design. It is stated that it is expedient to use the category of "administrative services", which emphasizes their content and service function of the state. It is conceived as a service provided by the relevant executive authorities, local governments, and their officials to meet the needs and legitimate interests of individuals or legal entities, that consists in the legalization of the relevant subjective rights. The theoretical and legal content of the definition of "health care" is analyzed. It has been stated that there is a narrow approach to understanding in the domestic scientific literature, which translates the term only to health care professionals who practice medicine, and a broad one, which considers health care as a key element of national security. The author's concept of "health care" is given. Its content includes not only the activities of medical institutions aiming at restoring health, but also a set of government measures aiming at preventing disease and preserving the lives and health of the population. It is proposed to enshrine at the level of domestic legal framework, the concept of "administrative services in the field of health care", particularly, the services provided at the request of a natural or legal person, relevant executive authorities, local governments, their officials, institutions of healthcare, that consists in issuing an administrative act for the purpose of legalization of the conditions necessary for the prevention of morbidity, preservation of life, restoration of physical and psychological health of the population. Keywords: administrative services, health care, administrative health services, definition