Peculiarities of the Business of Medical Practice in Ukraine During the Period of Marital Status
Every person has a natural, inalienable and inviolable right to health care. Society and the state are responsible to present and future generations for the level of health and preservation of the gene pool of the people of Ukraine, ensure the priority of health care in the activities of the state, improvement of working conditions, education, living and recreation of the population, solving environmental problems, improving medical care and introducing a healthy lifestyle.
Today, issues of defense of Ukraine, protection of its sovereignty, territorial integrity and inviolability have acquired vital importance for the Ukrainian people. In today's conditions, during the legal regime of martial law, ensuring the quality of medical care remains a priority of the state and society.
The war fundamentally changed the provision of medical care in Ukraine. Currently, the main goal of the state in the conditions of the occupation of certain health care facilities, the destruction of the material and technical base and the mass movement of patients within the country is to preserve and control the provision of quality of the medical care.
Economic activity during the period of martial law is introduced to ensure the protection of sovereignty, territorial integrity and inviolability of Ukraine, the establishment and provision of human rights and freedoms.
During the period of martial law, special legal norms are implemented in contrast to general norms, since the effect of general legal norms is not enough to achieve the goal of introducing a special legal regime.
An economic subject wishing to engage in economic activity of conducting a medical practice has the right to start work in possession of a license for medical practice. It is this aspect that distinguishes subjects of medical practice from economic subjects whose activities do not fall under the legislation on licensing of certain types of economic activity.
Starting from July 13, 2022, it became possible to obtain the right to carry out business activities in medical practice only on the basis of a license. Business entities that carry out economic activity from medical practice on the basis of a declaration are obliged to obtain a license within six months in the order, terms and conditions provided for by law.
According to the legislation of Ukraine, submission of reports and other documents, the submission of which is required in accordance with the norms of current legislation, will be carried out within three months after the termination and cancellation of martial law or the state of war for the entire period of non-submission of reports or the obligation to submit documents. Individuals - entrepreneurs, legal entities are not liable for non-submission or untimely submission of reports and/or documents, the submission of which is required in accordance with the norms of current legislation, during the period of martial law, as well as within three months after its termination.
Thus, in particular, the requirements of the second part of Article 15 of the Law of Ukraine "On Licensing of Types of Economic Activities" provides for administrative liability for violation by the licensee of the deadline for submitting a notification to the licensing authority about changes to the data specified in the application, documents and information attached to the application for obtaining a license, in case of their occurrence.
As of today, the implementation of planned and unplanned measures of state supervision (control) and state market supervision during the period of martial law introduced by the Decree of the President of Ukraine dated February 24, 2022 No. 64 "On the introduction of martial law in Ukraine" has been suspended by the resolution of the Cabinet of Ministers of Ukraine dated March 13. 2022 No. 303.
At the same time, Clause 2 of the resolution stipulates that during the period of martial law, the implementation of unscheduled measures of state supervision (control) in certain areas, in particular with regard to the prevention of an uncontrolled increase in prices for goods that have significant social value, is allowed only on the basis of a decision of the central executive body, which ensures the formation of state policy in the relevant field, in the presence of a threat that has a significant negative impact on the rights, legitimate interests, life and health of a person, protection of the natural environment and ensuring the security of the state.
Thus, during the period of martial law in Ukraine, unscheduled measures of state supervision (control) in certain areas are carried out exclusively on the basis of the decision of the central executive body, which ensures the formation of state policy in the relevant area. Therefore, the decision on the expediency of carrying out unplanned measures of state supervision (control) is taken by the Ministry of Health of Ukraine as the body that carries out the formation of state policy in the field of health care.
So, currently there is a regulatory framework in Ukraine for the implementation of economic activity in medical practice in Ukraine during the period of martial law. However, the analysis of the documents developed during the work proves that all the legal developments in this area do not allow to fully create an appropriate foundation for the development of health care, both for the private sector and for the state.
It is worth bringing the mechanisms of licensing of economic activity in the field of health care into compliance with international legal standards and modern realities of Ukraine, taking into account the special period of martial law.
The results of the study indicate that only the joint constructive actions of the relevant ministry and business entities carrying out economic activities can regulate this sphere of the economy. In order to harmonize all theoretical and legal provisions and practical requirements of today, it is necessary to create a permanent communication platform for the purpose of harmonizing state requirements and numerous proposals and comments of the medical community, lawyers, organizations and experts regarding the implementation of economic activities in medical practice.
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