Abstract
The article focuses on the need to respect human rights in the provision of medical services in Ukraine. It is strictly unacceptable to restrict citizens of Ukraine in receiving free medical services, since such a right is provided for by Art. 49 of the Constitution of Ukraine. It is proposed to consider that a medical service includes all types of medical care and is a special activity in relation to human health. The concept and main signs of medical services are revealed, it is established that the state, local governments, legal entities and individuals, including the patient, can be the customer of medical services. Ukrainian legislation governing the provision of medical services does not meet international standards. The positive experience of the EU countries (France, Denmark, Slovakia) and the world (Australia, Canada) shows that access to medical services is provided within the framework of medical insurance, in most cases free of charge, and is controlled by authorized state organizations. The purpose of the article is to determine the content, signs of medical services, classification criteria for their subjects, disclose the features of their legal regulation, clarify the problems of legalization of medical services and improve legislation taking into account foreign experience. The research methodology is based on a systematic approach, which is determined by the specifics of the topic of the article, and is also associated with the use of general and special research methods. The comparative legal method and the method of legal analysis were used in the study of legislative rules governing the provision of medical services. Using the method of legal analysis, groups of subjects of medical legal relations in the field of medical services are determined and their powers are analyzed. The formal logical method was used to differentiate the criteria for distinguishing between the legal structures “medical care” and “medical service”. The results of the study contributed to the identification of certain legal problems that arise when citizens receive medical services and require immediate resolution. It is also advisable to introduce compulsory state health insurance.
Highlights
Medical services, their quality, availability, timeliness and sufficiency are one of the factors for the normal functioning of the general health care system
According our point of view, the signs of medical services should include: it can be provided both on a paid and free basis; it is the basis for calculating state guarantees of medical care for the population; complexity; has a specific object and subject; personification, frequency, duration of medical services over time, overpriced requirements for the qualifications of a service provider, the presence of a preparatory period for the consumption of medical services
Medical service is a useful activity of a service provider, which is aimed at meeting the health needs of an individual
Summary
Their quality, availability, timeliness and sufficiency are one of the factors for the normal functioning of the general health care system. The experience of the leading countries of the European Union shows that the developed market of medical services provides the population with appropriate access to highquality medical care, indirectly affecting the increase in life expectancy, improving health, preserving the nation’s gene pool. Life expectancy in Ukraine is 11 years less than in EU countries. In Ukraine, she is 71 years (women - 76, men - 66). As of January 2019, the population of Ukraine according to the State Statistics Service is 42101.7 thousand individuals (State Statistics Service of Ukraine, 2019), for 2018 - 42386.4 thousand of which
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