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Kolisnykova, H. V..
    Legal nature of contract for provision of state medical services [Текст] / H. V. Kolisnykova, O. V. Lekhkar, Y. O. Samsonova // Journal of Advanced Research in Law and Economics. - 2019. - Vol. 10, Issue 7. - P. 2032-2034
   Перевод заглавия: Правовая природа договора на оказание государственных медицинских услуг

УДК	347.45/.47

ББК Х832.04
РУБ DOI: 10.14505 / jarle.v10.7 (45) .12

Аннотация: The relevance of the research is the contract provisions for private medical services have been thoroughly developed in scientific-legal doctrine; many studies analyze their content, classification, application. The legal essence of contracts on State (public) medical services in the current legislation of Ukraine, is not sufficiently researched that makes the issue in this area relevant. The purpose of the study is aimed at defining the concept and legal nature of contract provision for public medical services; generalization and critical understanding of the legislator's approaches to determining the role and significance of public medical service contracts in the system of contracts in Ukraine. The research main methods are dialectical, formal-logical, systemic. In particular, the systemic method was used to determine the place of the contract in the contract system as a whole. Special mention should be made of the specific scientific methods (comparative-legal, formal-legal) which were utilized to find out the legal nature of the public medical service contracts. The relevance of the research: the provisions on contract for provision private medical services are thoroughly developed in scientific-legal doctrine; many studies analyze their content, classification, application. The legal essence of the contract on public medical services in the current legislation of Ukraine, has not been sufficiently researched that that requires further examination. The research results are based on the analysis of regulatory material. It is concluded that there is no single agreed approach regarding the procedure for concluding these contracts, determining their legal nature and contract conditions in Ukraine. The authors emphasize on the recognition of the health of an individual as the highest social value of the European community, necessity of effective mechanisms for regulating health care relationships in order to achieve the highest level of health standards for all human beings, and improvement of the quality of life in general and health care in particular. The authors note that further expansion of public-private partnerships in the medical field is useful and necessary for all countries in the world. The medical services provision by public health institutions may be provided on the basis of private civil contracts. Practical significance is evident from the analysis of the normative material. The authors outline the main problematic issues regarding the legislative regulation of state medical contract and make specific proposals for improvement of the existing legislation in the medical service field. The worldwide pandemic COVID-19 has shown that effective mechanisms to regulate health care delivery relations in order to achieve the highest standard of health for all humanity and improve the quality of life in general, and health care in particular is a pressing issue for both developed countries and those seeking it. The conclusions and suggestions made can be used in the research sphere for further elaboration of problems of contract law, in the sphere of practical activity, in particular to develop contract forms.

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Tashian, R. I..
    The invalidity of contracts in the field of medical services as a way to protect the rights of the patient [Текст] / R. I. Tashian // Wiadomosci lekarskie. - 2021. - Vol. 74, Iss. 11, cz. 2. - P. 3004-3008
   Перевод заглавия: Недійсність договорів у сфері медичних послуг як спосіб захисту прав пацієнта

УДК	347.45/.47

РУБ DOI: 10.36740/WLek202111224 + PMID: 35029570

Аннотация: OBJECTIVE: The aim of this article is to reveal the essential features of contracts providing medical services. The author also focused on the grounds for the invalidity of such contracts - entering into medical services contract without license or permission, prohibition of some medical services or methods of treatment, the imposing of unnecessary medical services, a contradiction to corporate regulations, fraud. A significant part of the work is devoted to the consequences of the invalidity of the contract - the restitution of the money received under the contract and compensation of harm. PATIENTS AND METHODS: Materials and methods: The study is based on the statutory acts of European Union countries, the USA, and others. The author also uses acts of international law in the field of medical services and cases of court practice. CONCLUSION: Conclusions: Although the invalidity of contracts in the field of medical services is not one of the most common ways to protect a patient's rights, it is in many cases essential to the reliable delivery of medical services. The patient has the right to initiate a legal dispute regarding the invalidity of the contract. The restitution of the money paid by the patient, as well as compensation for the harm caused, can be applied not only within the framework of tort law but also under the responsibility for the breach of the contract.

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