Адміністративне правo і процес
ISSN: 2227-796X (Print), ISSN: 2617-8354 (Online)

Науково-практичний журнал‚ заснований Київським національним університетом імені Тараса Шевченка


Demchenko I. Issues of self-regulatory, professional self- governance and non-governmental organizations activities in health-care sphere

    In foreign countries, self-regulatory, professional self-regulation and other forms and types of organizations prove their effectiveness at healthcare sphere. In Ukraine, despite some medical community and patient’s interest, such forms and mechanisms do not have broad support in the national health system. The process of implementation of self-regulatory, professional self-regulation organizations at healthcare sphere is a quiet taught challenge in a prospect of health care reform. That’s seems to be important to achieve a balance between the interests of the medical community, the rights and freedoms of patients, state’s nforcement functions and state’s core obligations in health care sphere and business interests of private health care providers.

    That should be clear to distinguish between the following: what is self-regulatory organization, professional self-regulation and what is their difference from existing institutions, associations and other types of organizations at healthcare sphere at Ukraine. The main characteristic of self-regulatory organization and professional self-regulation is their basis on a common market of certain service or organization that unites professionals and specialist of certain type. Thus, the common market of certain service actually means any activity as a medical practice, under the licensing conditions, which apply to all entities, regardless of the legal form and ownership. Regarding organization that unites professionals and specialist of certain type that is a person with appropriate special education – higher medical education. Thus, self-regulatory organization created mostly by entities, and professional selfregulation – by professionals, specialists at particular sphere.

    We are convinced that self-regulatory – is a question of delegation of the power, in other words, self-regulatory organizations replace state regulation at a specifi c sector or sub-sector. Contrarily, professional self-regulation has for the main aim to develop higher performance standards than stipulated in the normative legislation – in other words, which is established by State. This made supplement, not replacement of state regulation, though the possibility to transfer certain powers still exist. The current legislation of Ukraine at healthcare sphere contains the basis for the implementation of self-regulatory organization, professional self-regulation. Thus, the basic principles of health care in Ukraine, inter alia, include decentralization of public administration, development of government institutions and the independence of health workers on the legal and contractual basis. Defi nitely, entirely replacement of state regulation impossible. Generally opportunities for self-regulatory organization, professional self-regulation are: the establishment of certain rules (in medical fi eld – especially medical standards); the control over their observance; the issue of liability for their violation. All these aspects are discovered from a position of possible implementation at current legislation. 

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