The Content of a Paid Medical Services Contract: Theoretical and Applied Analysis

Abstract

Introduction: the paper deals with the features and conditions of a contract structure that is widely in demand at the present time – a paid medical services contract. The paper analyzes the provisions of the key legal acts regulating the sphere of paid medical services, including their contractual formalization, the legislation on consumer protection, which applies to the legal relations of the parties arising from paid medical services contracts, and the content of this contract. Special attention is paid to the consideration of the legislative and doctrinal approaches to the issue of essential and mandatory conditions of the contract under consideration, as well as to the relevant judicial and contractual practice. Methods: in the presented research, the traditional general scientific research methods were used, such as the dialectical method of cognition, analysis, synthesis, induction, deduction, etc., as well as the specific scientific legal methods, including formal legal, the method of legal interpretation, etc. Results: the authors substantiate the point of view that the essential conditions of the paid medical services contract are only the conditions on its subject. The authors believe that the conditions stipulated in par. 17 of the Decree of the Government of the Russian Federation No. 1006 of 04.10.2012 “On approval of the Rules for providing paid medical services by medical organizations” should be considered as mandatory conditions. Taking into account the existing approaches in the law enforcement practice, the conditions that are reflected in the paid medical services contract would help prevent disputes, as well as protect the rights and legitimate interests of the parties to the contract. Based on the analysis of the judicial practice, a list of conditions of the paid medical services contract that infringe on the rights of consumers has been formed, which should not be included in it. Conclusions: based on the results of the study, the two groups of factors were identified, which influence the formation of the methodological recommendations for drawing up a paid medical services contract; the recommendations for improving contractual work in the medical organizations are formulated.