FEATURES OF PRIVATE LEGAL REGULATION OF RELATIONS IN THE SPHERE OF PROVISION OF MEDICAL SERVICES

Abstract

The article analyzes the legal nature of medical care contracts, establishes that such contracts have both common – typical features, and differences (specificity) depending on the subject of the contract and its essential conditions.

The attention is focused on the fact that the civil legislation of Ukraine defines only general provisions on the contract, but does not take into account the specifics of medical-legal relations, since the general provisions of the contract for the provision of services, defined in Articles 901–907 of the Civil Code of Ukraine, apply to this category of contracts.

It is proven that taking into account the specifics of contracts (typical features and differences) contributes to the correct choice of the type of contract, ensures its compliance with the content of the subject of regulation.

The specifics of the subject of the contract for the provision of medical services are determined, which includes the mandatory safety of the medical service for the patient, which the performer must ensure in the process of its provision, and increased requirements for the performer of the service regarding the provision of the necessary information, the content and scope of which will allow the patient to make an informed decision regarding the medical service.

The structural elements of the contract for the provision of medical services are analyzed. It is established that there are different approaches to understanding the essential terms of a contract, which is associated with the lack of a list of such terms. It is proven that the lack of such a list is the reason for different approaches in judicial practice in resolving medical disputes.

The judicial practice on the resolution of medical disputes has been analyzed. The ineffectiveness of the application of the norms of the Law of Ukraine “On Consumer Rights Protection” for the regulation of relations related to the provision of medical services has been established. It has been concluded that the application of the norms of the Law of Ukraine “On Consumer Rights Protection” is unacceptable for the regulation of relations related to the provision of medical services.