The main tendencies of the current reform of the Ukrainian legislation in the field of health care

M. Anishchenko
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Abstract

The purpose of the research –  to study the basic development directions of the legislation of Ukraine in the field of health care, to identify problems of reformation of the above legislation, to outline ways of their solution. Materials and methods.  Regulatory framework of Ukraine, method of analysis, method of synthesis, comparative-legal method, structural-system method. Results.  The main tendencies of the current reform of the legislation in the field of health care are the following directions of its development: change of the concept of financing of health care institutions, the digitization of the health care sphere, improvement of the system of transplantation of anatomical materials to a person, change of requirements to the professional competencies of executives of health care institutions. increase public health impact, increase access to medicines and blood components for patients, increase anti-corruption requirements for healthcare facilities. In addition, there is an attempt to introduce self-government. Conclusions.  In spite of the positive tendencies in the overall reform of the health care legislation, there are some problems with its transformation, which need urgent resolution at the legislative level. Thus, when reforming the financial legislation in the field of health care, it is necessary to remember the norms of the Constitution of Ukraine, which say that the current network of health care institutions cannot be reduced. In addition, it is necessary to develop a package of amendments to the legislation, which should clearly regulate the implementation of medical and diagnostic work of scientific and scientific-pedagogical workers of institutions of higher (postgraduate) medical education and medical research institutions in the conditions of modern healthcare transformation, because such work is a prerequisite for ensuring educational and scientific processes. There is also a need to expand the introduction of health digitization, including for the purpose of fixing acts of will, which is very relevant in the context of providing informed consent to medical intervention by a patient or his legal representative. In addition, we believe that in the current conditions of development of medical education, the granting of access to the medical professions based on the decisions of medical self-government bodies is inappropriate.
乌克兰目前在保健领域立法改革的主要趋势
研究的目的是研究乌克兰在卫生保健领域立法的基本发展方向,确定上述立法改革的问题,概述解决这些问题的途径。材料和方法。乌克兰监管框架、分析方法、综合方法、比较法、结构-制度方法。结果。当前医疗卫生领域立法改革的主要趋势是医疗卫生机构融资理念的转变、医疗卫生领域的数字化、解剖材料人体移植制度的完善、对医疗卫生机构管理人员专业能力要求的改变。增加对公共卫生的影响,增加患者获得药物和血液成分的机会,增加对医疗保健设施的反腐败要求。此外,还有引入自治的尝试。结论。医疗立法整体改革呈现积极趋势,但也存在一些亟待立法层面解决的问题。因此,在改革保健领域的财政立法时,必须记住《乌克兰宪法》的规范,其中规定不能减少目前的保健机构网络。此外,有必要制定一套立法修正案,明确规定高等(研究生)医学教育机构和医学研究机构的科学工作者和科学教学工作者在现代保健转型条件下开展医疗和诊断工作,因为这类工作是确保教育和科学进程的先决条件。还需要扩大卫生数字化的引进,包括为了确定意志行为的目的,这在为患者或其法定代表的医疗干预提供知情同意的背景下非常重要。此外,我们认为,在目前医学教育发展的条件下,根据医疗自治机构的决定给予进入医疗行业的机会是不适当的。
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