On the issue of the effectiveness of the civil law method in the regulation of health protection relations

Abstract

The subject of the study is the rights of citizens to health protection, as well as the possibility of their transformation in the direction of strengthening the legal nature of these relations. In the context of the dominance of the sectoral approach in law, the author develops ideas about subjective law as an effective regulator of patient behavior. The opinion is expressed that the responsibility of the subject's independent choice can give a new impetus to improving the level of quality indicators of medical care, ensuring the timeliness, qualification and comprehensiveness of examinations. An attempt has been made to shift the focus in the process of streamlining relations from the subject of legal regulation to methods. New opportunities have been identified to increase the level of the legal nature of court decisions that can take into account the objective need to expand the scope of private law (civil) ways of influencing the patient on the medical process. The dialectical method has become the main research method. The conditions for improving medical care are revealed, taking into account the differences between public law and civil law regulatory methods in solving problems of law enforcement practice. The scientific novelty is that the examples of legal practice have provided new knowledge necessary for the development of existing doctrinal approaches in legal science. The limitations of the sectoral approach in law, due to the high degree of dynamism of society, are convincingly argued. It has been established that orientation to the subject of legal regulation, as an unconditionally dominant factor in choosing a strategy and tactics for streamlining relations, does not always ensure the completeness of the legal nature of judicial acts. The emphasis of legal regulation in health protection is focused on the priority use of public law (or "organizing") methods that guarantee the mass provision of medical care designed for everyone. The possibility of providing quality indicators of care to a specific patient with special health characteristics and conditions for receiving it is still secondary. It is necessary to actively apply civil law methods of protecting the right to health protection, while skillfully using the resource potential of the law.