Legal status of the head of the health care institution

Abstract

The article examines the administrative and legal status of the head of a health care institution. The content of the concept and theoretical provisions of legal status are analyzed, its types are defined.
 It was determined that the legal status of the head of a health care facility can be considered a special legal status, which, on the one hand, means that all heads of health care facilities have this status, and not a specific one. And on the other hand, this means that the special legal status is regulated by the norms of various branches of law, and not just one. However, differences in the legal status of managers of state and communal health care institutions and managers of private institutions lead to the conclusion that their legal status is characterized only by individual features.
 It has been established that the main special acts that determine the legal status of the head of a health care institution include the Fundamentals of Ukrainian legislation on health care, the Resolution of the CMU on approving the Procedure for concluding a contract with the head of a state, communal health care institution and standard contract forms with the head of the state, communal health care institution, as well as the Directory of the qualification characteristics of employees' professions.
 It was concluded that the rights and responsibilities of the head of a state and communal health care institution are characterized by similarity to the powers of an administrative body. The right of managers of such institutions is not exercised in the same way as the right of an individual is exercised, namely, on the basis of freedom of free choice, but on the performance of tasks and functions of the manager. That is, there is less variability in the choice of behavior. With regard to private health care institutions, the absence of a standard contract approved by a government act leads to greater variability in determining both the rights and duties of the manager, as well as the institution's management structure itself.