Conceptual regulation of relations in the field of providing medical services

Abstract

The article analyzes the legislative regulation of contractual relations in the field of providing medical services. It is emphasized that the most successful legal structure outlining relations in the field of medical services is the construction of a civil law contract, namely, a contract on the provision of medical services. By analyzing a number of general and special regulatory legal acts, the legal nature of the contract on the provision of medical services was determined, and it was concluded that the legal nature of this contract is not only theoretical, but also practical and has a significant impact on the proper execution of the latter. It is justified that the essential condition of the contract on the provision of medical services is the subject of the contract. The subject of the contract on the provision of medical services is the actual provision of such medical services, the list of which is currently not established by legislation. The price of the contract, the term of the contract and the quality of the medical service will be determined as essential terms of such a contract in the event that they are indicated by the parties to the relevant contract. According to the results of the research, the author’s concept of «a contract for the provision of medical services» is proposed - a contract under which one party - the executor (a medical institution of health care or a doctor in private practice) undertakes to provide medical services to the customer (patient), and the customer must accept the appropriate medical services in accordance with the terms of the contract, the law and medical standards. The results of the research can be used in further scientific articles, in the educational process, as well as by the subjects of the legislative initiative.