Relationship between public and private interest in the field of providing medical services under the medical guarantee program

Abstract

Purpose. The purpose of the work is to determine the manifestation of public and private interest in the provision of medical services under the program of medical guarantees, to outline the legal mechanism for their balancing, as well as to find a place in it contractual structures. Methodology. The methodology includes a comprehensive study of available scientific and theoretical material and case law, as a consequence of the formulation of relevant conclusions and recommendations. The following methods of scientific cognition were used during the research: terminological, comparative, logical-semantic, structural-functional, system-structural, logical-normative, dialectical. Results: The public and private interest in the content of the system of medical services under the program of medical guarantees is singled out. The mechanism of legal regulation of such public relations includes an administrative-legal agreement on medical care and a civil-law agreement on the provision of medical services. These agreements are distinguished by legal nature, linguistic and legal features. The classification of both types of contracts with the design of civil law approaches to administrative and legal relations. Originality. The mechanism of legal regulation of legal relations for the provision of medical services from the standpoint of a harmonious combination of contractual structures of private and public law is comprehensively studied. Practical significance. The results of this study can be used in lawmaking and law enforcement activities on the implementation and improvement of the legal mechanism for providing medical services, as well as in the organization of postgraduate education of health workers in terms of determining the legal nature of medical services in the field of health care reform.