{"title":"医疗保健部门的监事会是如何被监督委员会取代的","authors":"I. A. Selivanova","doi":"10.25040/medicallaw2023.02.047","DOIUrl":null,"url":null,"abstract":"As a result of the simultaneous implementation of medical reform and corporate governance reform in Ukraine in the state and communal sectors of the economy, supervisory and supervisory boards appeared in medical enterprises. However, in 2022, supervisory boards were replaced by supervisory boards in the Fundamentals of Health Care Legislation. In order to consolidate this strange novel, the Ministry of Health of Ukraine prepared and presented for public discussion a draft resolution of the Cabinet of Ministers of Ukraine «On the supervisory board of a health care institution».
 In the article, based on the analysis of the current and prospective legislation of Ukraine, scientific and practical publications and court practice, the conclusion about the different legal nature, purpose of activity, procedure of formation and competence of the supervisory board and the supervisory board is substantiated, and the illegality of replacing supervisory boards with supervisory boards is proven. The author substantiates the conclusion that the promotion of the idea of a special status of supervisory boards in health care institutions is carried out by the Ministry of Health of Ukraine with the aim of creating a collegial body to control the activities of the executive body of health care institutions of the director (directorate, board) that provide specialized medical assistance However, the means by which such a goal is achieved do not meet the requirements of the law.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":"43 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"How the supervisory board was replaced by a monitoring board in the Healthcare unit\",\"authors\":\"I. A. Selivanova\",\"doi\":\"10.25040/medicallaw2023.02.047\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"As a result of the simultaneous implementation of medical reform and corporate governance reform in Ukraine in the state and communal sectors of the economy, supervisory and supervisory boards appeared in medical enterprises. However, in 2022, supervisory boards were replaced by supervisory boards in the Fundamentals of Health Care Legislation. In order to consolidate this strange novel, the Ministry of Health of Ukraine prepared and presented for public discussion a draft resolution of the Cabinet of Ministers of Ukraine «On the supervisory board of a health care institution».
 In the article, based on the analysis of the current and prospective legislation of Ukraine, scientific and practical publications and court practice, the conclusion about the different legal nature, purpose of activity, procedure of formation and competence of the supervisory board and the supervisory board is substantiated, and the illegality of replacing supervisory boards with supervisory boards is proven. The author substantiates the conclusion that the promotion of the idea of a special status of supervisory boards in health care institutions is carried out by the Ministry of Health of Ukraine with the aim of creating a collegial body to control the activities of the executive body of health care institutions of the director (directorate, board) that provide specialized medical assistance However, the means by which such a goal is achieved do not meet the requirements of the law.\",\"PeriodicalId\":91928,\"journal\":{\"name\":\"Medychne pravo\",\"volume\":\"43 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-10-10\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Medychne pravo\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.25040/medicallaw2023.02.047\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Medychne pravo","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.25040/medicallaw2023.02.047","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
How the supervisory board was replaced by a monitoring board in the Healthcare unit
As a result of the simultaneous implementation of medical reform and corporate governance reform in Ukraine in the state and communal sectors of the economy, supervisory and supervisory boards appeared in medical enterprises. However, in 2022, supervisory boards were replaced by supervisory boards in the Fundamentals of Health Care Legislation. In order to consolidate this strange novel, the Ministry of Health of Ukraine prepared and presented for public discussion a draft resolution of the Cabinet of Ministers of Ukraine «On the supervisory board of a health care institution».
In the article, based on the analysis of the current and prospective legislation of Ukraine, scientific and practical publications and court practice, the conclusion about the different legal nature, purpose of activity, procedure of formation and competence of the supervisory board and the supervisory board is substantiated, and the illegality of replacing supervisory boards with supervisory boards is proven. The author substantiates the conclusion that the promotion of the idea of a special status of supervisory boards in health care institutions is carried out by the Ministry of Health of Ukraine with the aim of creating a collegial body to control the activities of the executive body of health care institutions of the director (directorate, board) that provide specialized medical assistance However, the means by which such a goal is achieved do not meet the requirements of the law.