PROBLEMS OF ELIMINATING LEGAL CONFLICTS OF LEGISLATION REGARDING PUBLIC ADMINISTRATION ACTIVITIES IN THE FIELD OF HEALTH PROTECTION

Abstract

Introduction. The relevance of the topic lies in the fact that the problem of legal conflicts regarding the activities of public administration in the field of health care is extremely important for any legal democratic society that is in the process of building or reforming its state system. The issue of collisions becomes especially important in the context of the reform of the administrative system and public administration in Ukraine, which has been going on for ten years, as well as in the conditions of bringing the legal framework into compliance with the requirements of martial law and European integration processes. Legal disputes can lead to inconsistencies in legislation, delays in decision-making, and even legal confusion, which is unacceptable in wartime. Understanding how to overcome legal conflicts can lead to faster and more efficient governance, especially between authorities in different countries and regions. This ensures not only better coordination, but also protection of the rights of citizens who may suffer from unclear legislation. The aim of the study. Identify and characterize conflicting points in the current legislation that regulate the activities of public administration in the field of health care. Materials and methods. In the course of conducting an in-depth study on the regulatory and legal regulation of the activities of the public administration in the field of health care, as a result of which 250 workers in the field of health care were interviewed, which confirm the imperfection of the current legislation in the field of health care. The results showed that the majority of medical workers do not support making any amendments to the legislation – 86% of them, 2% – support the global change of the current legislation, 2% refrained from answering. Results and discussion. The authors comprehensively define legal disputes in the field of healthcare as legal contradictions that arise due to subjective or objective reasons or errors during the implementation by patients of their rights and obligations due to the adoption of legal acts containing conflicting norms. In addition, legal disputes have the following features. First, they depend on the national legal system and, accordingly, on the legal regulation in the field of health care. Secondly, the sphere of public medical legal relations, in which legal disputes most often arise, is the question of medical significance. Thirdly, legal disputes most often arise when regulating typical issues, such as establishing the quality and efficiency of the provision of medical services; management of medical teams; possession, use and disposal of communal property. Conclusions. the proposed reforms of public administration in the field of health care have the potential to further guarantee the realization of everyone's right to health care. Summarizing the key directions of solving legal conflicts in the field of health care, the following tasks can be identified: 1) state guarantees of free medical care for socially vulnerable population groups; 2) introduction of adequate health care financing and an effective system of mandatory health insurance; 3) creation of conditions for the free development of entrepreneurship in the field of health care and formation of the basis for competition between medical institutions and formation of the basis for fair competition between health care institutions; 4) improvement of the country's legislation in the field of health care in accordance with international legal standards; 5) create optimal conditions for healthy childbirth, primarily in terms of living conditions, education and nutrition; 6) implement an active demographic policy aimed at increasing the birth rate and reducing the mortality rate; 7) ensure the ability to meet the needs of the population, primarily in the sphere of health care, education and nutrition.