Modernizing Guarantees in the Context of the Reforming of the Medical Legislation of Ukraine

Abstract

The author of the article notes that the reforming of the medical industry is closely connected with considering the international standards and norms, which are an objective factor of its development. New realities bring not only difficulties, but they also open up new opportunities in this area. All in all, the implementation of the constitutional right of citizens to health care will depend on the content and direction of reforming of the medical sector. Proceeding from the conceptual foundations of the announced reform, medical law in Ukraine is intended to ensure the harmonious development of physical and spiritual forces, high labor activity and long-term life of citizens, elimination of factors that harm their health, prevent and reduce morbidity, disability and mortality, improve heredity. However, the current state of health care in our country is characterized by a number of problems (insufficient financing of medicine, low level of provision of medical institutions, difficulties in the order of providing medical care, etc.), therefore, the creation of an effective system of legal norms in this area can help to resolve them.   It is emphasized that the reference to the issue of guarantees of human rights implementation, including the right to health care, provides for clarification of our own positions regarding the understanding of guarantees in the legal aspect. Under the guarantees the representatives of legal science understand conditions and factors, the presence and effectiveness of which promote the implementation of the norms of law. All guarantees are divided into general and special, where the latter are solely legal. Under the legal guarantees, the author of the article understands the existence of the normative-legal framework, which should define the boundaries of subjective law, obliged subjects of health care sphere, the terms, procedures, powers of the controlling bodies. Legal guarantees also provide for the possibility of unhindered access of the subjective rights holder to a court of law in defense of his subjective right. The legal group of guarantees should also include the existence of a system of preventive measures, the determination of the powers of law enforcement authorities concerning the field of health care. Under the economic guarantees the author of the article understands the complex of material, technical and financial means, the availability of which allows to provide the functioning of health care institutions, receive high-quality medical services in a planned and unhindered way. According to the results of the study, it was concluded that all guarantees provided by the legislator and aimed at the realization of a specific subjective law can be divided into several types according to criteria of their origin, branch affiliation or significance in the mechanism of legal regulation, where among others the following types are singled out: legal, economic, organizational, informational, political and so on. It is proved that the effectiveness of guarantees, including those intended for provision of the medical sector, will take place in case when all the guarantees are combined in a single integrated mechanism and will constitute a permanent working system of measures, means and procedures. The role of a separate guarantee changes according to the current situation, and as a result the same guarantee, as a factor of influence, may acquire the characteristics of both the main and secondary.