Issue: № 8, 2023
Doi: https://doi.org/10.37634/efp.2023.8.17
The paper is dedicated to clarifying the concept and characteristics of legal relations in the field of medical care. It is noted that no civil-legal problem, including the issue of legal relations in the provision of medical care, can be properly studied without prior analysis of the basic concepts in the relevant field of scientific research. It is pointed out that the study of the content of terms related to the implementation of the right to medical care is especially relevant at the current stage, when the domestic health care system, including the provision of medical assistance, is in a state of transformation, taking into account the unfinished medical reform and ongoing war. Today, it is obvious that further scientific developments in this direction are necessary to produce practical proposals for improving the relevant regulatory regulation, which, in turn, should provide the possibility of timely and proper medical care to those who need it to restore health, and often to save life. In addition, it is noted that the signs of personal non-property relationships, to which legal relations in the field of medical care belong, are derivative of the signs of personal non-property rights based on certain non-property benefits. Based on the characteristics of general and special legal relations in the field of medical care, the author proposes its own definition of the concept of these legal relations and concludes that they are of a civil-legal nature, since the participants are independent and equal subjects, and these legal relations arise mainly on the basis of civil contracts.
Keywords : civil-legal relations, right to medical assistance, normative definition of the concept, parties to the civil contract
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