Public-private partnerships in the healthcare sphere: legal models in Ukraine and foreign countries

Abstract

The article discusses certain aspects of the legal regulation of public-private partnerships in the health sector in Ukraine and foreign countries. The subject of the study is the legislative acts of public-private partnerships in healthcare field, its types and directions for their implementation. The varieties of public-private partnership forms in healthcare field in foreign countries and Ukraine are clarified. Process of reforming the healthcare sector, introduction of standards and criteria of best practices of European countries on the issues of partnership under study in national legislation is appropriate and promising. The aim of the article is to disclose the features of legal regulation of public-private partnerships implementation in the healthcare field in foreign countries and Ukraine. The methodology of this work is based on a set of research methods. The comparative method was used to clarify the legal aspects of public-private partnerships in the healthcare field and the possibility of its use in Ukraine, to analyze indicators that determine the success of partnership projects in foreing countries. Using the method of theoretical analysis, systemic and analytical methods, the term of “public-private partnership in the healthcare field” was established, types of contracts, signs of public-private partnership, categories of such partnership models in world practice are given. Experience of the EU countries on public-private partnerships in healthcare field, the introduction of changes in healthcare management system in accordance with requirements of European law is positive for Ukraine.

SECTION 45. Administrative and legal means of protecting citizens of Ukraine in public administration

“…Legal means are the fundamental means of legal support, which have their own characteristics and functional purpose. In the theory of law, the features of legal means include the following: (1) they reflect generalizing legal methods for ensuring the interests of subjects of law, achieving goals; (2) determine the informationenergetic qualities and resources of law, which gives them a special legal force aimed at overcoming obstacles to satisfying the interests of participants in legal relations; (3) combined in a certain way, they are the main functioning parts (elements) of the operation of law, the mechanism of legal regulation, legal regimes (ie, the functional side of law); (4) cause legal consequences, specific results that determine a certain degree of effectiveness or defectiveness of legal regulation; (5) provided by the state; (6) are of a legal nature; (7) have a specific form of expression; (8) reflected in legal documents; (9) have a psychological impact on the subjects of law; (10) is a means of reconciling the interests of society and the individual; (11) fix models of lawful behavior of subjects; (12) determine the nature of the behavior of subjects, taking into account its compliance or contradiction with the requirements of law; (13) stimulate lawful behavior; (14) is an element of the mechanism of legal influence (p. 42-43) 1 .…”

“…Separate features of the implementation of the right were studied in the areas of (1) ensuring the rights of drug addicts to rehabilitation in Ukraine and the European Union 6 , the human right to virtual reality in healthcare 7 , the human right to security in the implementation of the concept of «the right to healthcare 8 , the human right to access to the Internet in healthcare in the «concept of the right to health» 9 , the patient's right to innovation in healthcare 10 , human rights and reproductive health 11 , human rights to palliative care in Ukraine 12 , rights to health care of drug addicts 13 , patient's rights to receive information in the concept of «health and human rights» 14 , the right to inclusive education of people with disabilities in Ukraine 15 , forensic examinations in cases of protection of human rights in the field of healthcare in Ukraine 16 and others.…”

Efficiency of the Implementation of Innovation and Investment Projects at Healthcare Institutions: Integral Analysis and Ways of Enhancement

“…That is why effective management here, especially based on an innovation and investment approach, has a priority. This is convincingly shown in the research of a number of scientists, in the sense of careful strategic planning of the processes of innovation-and technology-driven development of the healthcare system and its subsystems [6], in terms of using the tools of public-private partnership for the purpose of infrastructure development and the improvement of investmentinnovation and material-technical support of heal thcare institutions [7], and quality regulatory policy [8], in terms of improving the business environment and structural characteristics of the functioning and development of the medical services market [9], regarding the formation of an integral national system of providing medical services [10], for overcoming problematic aspects of the development of public health in the country [11], directly related to the transformation of the state management system in the medical sphere [12], carrying out a medical reform [13] and further regulating its defects and problematic aspects, and overcoming challenges and threats [14].…”