scholarly journals LEGAL REGULATION OF THE MEDICAL TOURISM AS A TYPE OF ECONOMICAL ACTIVITY

2017 ◽  
Vol 4 (81) ◽  
pp. 59
Author(s):  
Jevgeņijs Gņediks

The article is devoted to the problems of legal regulation of medical tourism as a type of economic activity. The definition of medical tourism, its structural components and peculiarities of legal regulation are given.Medical tourism is a type of tourist activity, characterized by the formation and sale of a tourist product. This product includes a package of general tourist services, as well as a package of medical services. There are such structural components of medical tourism: 1) curative tourism, providing medical and diagnostic services that can be provided only by entities that have the status of medical institutions; 2) rehabilitation and wellness tourism, which provides diagnostic, sanatorium-resort, preventive and other types of medical services that can be provided by medical institutions and other entities.The expediency of creating a single legal regime in the field of medical tourism is argued. This legal regime is necessary for effective protection of patients' rights to life and health.

Author(s):  
Mikhail G. Shcherbakov ◽  

The article examines the dialectical relationship between the balance of private and public interests and the effectiveness of legal regulation of the dual-use goods. The concepts of dual-use goods and the legal regime of dual-use goods are examined and the conclusion is made that there is an interdependence between the categories «fair balance of private and public interests» and «the form and content of the dual-use goods regime». The structure of the legal regime system, consisting of interconnected subsystems that are in functional unity with each other, is analyzed. The dynamic property of the legal regime of dual-use goods to change the status of the goods and the status of the subject, depending on the state of the balance of private and public interests, is revealed. A special mechanism has been identified for regulating the system of the legal regime for dual-use goods, arising from the process of unification of legal norms, both at the international and national levels. The author proposed measures to improve the mechanism for regulating the legal regime of dual-use goods, based on the achievements of scientific and technological progress. Thus, increasing inter-industry relations through the unification of legal norms, as well as the use of modern technologies in the export control process, will ensure a fair balance between private and public interests. Meanwhile, state intervention in the property relations of individuals should be of an exceptional nature, providing for the existence of a mechanism for judicial protection of the weak side, for example, in the form of an institution for consumer protection. It is a focused approach based on the additional role of the state that will improve the effectiveness of the dual-use goods regime, as well as eliminate archaic methods of legal regulation of the turnover of dual-use goods based on the permissive type of regulation. In that way, the system measures that allow integrating advanced technologies into the mechanism of dual-use goods regime include: - introduction of a risk-based approach in the export control system; - transition to the notification procedure for export control; - transition to automatic identification of dual-use goods; - creation of a unified technological platform for controlling the turnover of dual-use goods; - creating a virtual image of dual-use goods with the function of saving the history of their use; - chipping of dual-use goods; - use of distribution registers in transactions with dual-use goods.


Author(s):  
Svitlana Hretsa

The article highlights the legal aspects of using the tax lien as a means to ensure the constitutional obligation to pay taxes andfees. The focus is on the importance of proper implementation of constitutional obligations for the protection of human rights and theperformance of state functions. An important place for tax liability in the system of constitutional obligations has been identified. Themain ways of ensuring the fulfillment of the tax obligation have been revealed and the key role of such a way as tax lien has beenemphasized. The concept of tax lien is defined and the history of formation of this institution in the legislation of Ukraine is revealed.The grounds for the emergence of the right of tax lien, the peculiarities of its documentation (registration) is presented. The status andpowers of the tax manager about the description of the property in the tax lien, checks of its condition, etc. are determined. The articledescribes the legal consequences of non-compliance with the legal requirements of the tax manager, in particular the suspension in courtof expenditure transactions on bank accounts, and in some cases - the use of administrative seizure of property. The author disclosesthe legal regime of property that is in tax lien, the scope of taxpayers’ rights to use it, the content of legislative restrictions on the possibilityof disposing of such property, the procedure for coordinating transactions with mortgage assets. The legal grounds for terminationof the right of tax lien are indicated. The legal mechanism of realization of the right of the tax pledge, the order and sequence ofthe address of collecting on the pledged property is described. The author revealed the shortcomings of the legislation, in particular thelong nature of the recovery in court. Proposals have been made to improve the legal regulation of the tax lien to increase the effectivenessof this instrument to ensure proper implementation of the constitutional obligation to pay taxes. In particular, it is proposed to providethe possibility of extrajudicial recovery of property that is in tax lien when the taxpayer has given written consent.


2021 ◽  
pp. 151-160
Author(s):  
Olha Psarova ◽  

Medical tourism is a rapidly growing industry on a global scale. There is a growing tendency for citizens of more developed countries to seek medical services in developing countries. This is connected not only with the pricing policy, which is more loyal, but also with the insurance system, with the presence of waiting lists, with the legislative framework, and religion. The high level of service delivery and the competitiveness of the state is the result of an effective state policy. The article gives the definition of the concept, the terminology of medical tourism, considers the types and directions of medical tourism development, the legislative framework of Ukraine for the provision of certain types of medical services. Risks and negative sides, problems faced by tourists, global challenges of the industry and prospects for overcoming them are considered.


Author(s):  
Jerry Eades

In the late 2000s, the author wrote a summary paper on the rise of medical tourism. That paper discussed the rapid growth of interest in medical, health and wellness tourism, especially since 2003. The medical tourism industry has a long history, but this massive growth is a new phenomenon. The important factors are: the changing distribution of medical services and technologies; the growth of interest among both local medical practitioners and travel agents; the packaging of tourism and medical services as a single product; and, most significantly, the availability of the Internet to disseminate information them, creating a global market. The present chapter considers first the burgeoning literature on medical tourism. Second, the processes of development in countries becoming the main players in the international provision of medical services are discussed. Third, the chapter looks at the debates surrounding the rise of medical tourism in the developed countries.


10.12737/1143 ◽  
2013 ◽  
Vol 1 (11) ◽  
pp. 27-35 ◽  
Author(s):  
Алексей Анисимов ◽  
Aleksey Anisimov ◽  
Николай Мельников ◽  
Nikolay Melnikov

Legal designs "purpose" and "allowed use" are present at all branches of the nature-resource right and reflect objectively existing requirement of establishment of the general and special legal regimes of natural resources. The general legal regime of lands is defined by means of division of land fund into categories. The special legal regime assumes establishment of features of use and protection of the land plots of this or that category of lands within additional legal regulation by means of institute of zoning of territories and institute of allowed use of the land plots. Definition of types of allowed use of the land plots can be considered as specifying in relation to a categorization and zoning a way of management and definition of a legal regime of lands and other natural resources. The similar principle takes place and in other nature-resource branches of the right where it is formulated legislatively.


2020 ◽  
Vol 27 (3) ◽  
pp. 45-55
Author(s):  
A. S. Baymenova ◽  
S. R. Zhakenova ◽  
B. Kuanyshbayeva

Aim. To analyse the current state of the medical services market in Nur-Sultan (Kazakhstan) in terms of providing medical care to foreign patients.Materials and methods. The dynamics of medical tourism in Nur-Sultan was identified using the method of retrospective analysis. The main clinics providing medical tourism services in the capital city of Kazakhstan were characterised in terms of their advantages over competitor centres.Results. A prerequisite for the development of medical tourism in a certain country is the development of the whole country as a tourist destination. The recognition of a country as a safe destination by international tourism rankings contributes to the confidence of medical tourists in the quality of the services provided. The following advantages of Nur-Sultan determining its potential as a medical tourism destination were identified: access to modern medical technologies and new facilities; a large number of medical institutions accredited by the Joint Commission International (JCI); a wide range of medical directions; a convenient geographical location; reasonable costs of medical services; security and political stability; the lack of a language barrier for patients from the Commonwealth of Independent States (CIS).Conclusions. The capital city of Kazakhstan demonstrates a growing trend in the number of medical tourists. The largest number of tourists is currently from the CIS countries: Uzbekistan, Kyrgyzstan and Russia. It can be considered that, under a proper governmental policy, Kazakhstan’s potential as a medical tourism destination will be realised in the nearest future.


2020 ◽  
Vol 2 (4(106)) ◽  
pp. 67-73
Author(s):  
В. О. Галушко

The relevance of the topic of the article is that the implementation of legal procedures within a particular branch of law requires a clear establishment and definition of key stages, procedures, patterns and subjective composition of the latter. That is, we are talking about the legal regulation of legal processes, the high level of quality of which directly affects the effectiveness and efficiency of the relevant sequences of legally significant actions. Official investigations in the prosecutor's office in this aspect are no exception, so it is appropriate to analyze the current state of their legal regulation. Determining the state of legal regulation of official investigations in the prosecutor's office requires a full understanding of the features and internal nature of this category. Note that legal regulation has a deep theoretical basis. It can be pointed out that legal regulation in a separate part is an expression of the content of the principle of the rule of law, that is, it is an indicator of the action of law as the main regulator of social relations. However, there are other features of this category that are important to outline within this article. The article, based on the analysis of scientific views of scientists, offers the author's vision on the interpretation of the concept of legal regulation of official investigations in the prosecutor's office of Ukraine. Emphasis is placed on the specifics of the mechanism of legal regulation of official investigations in the prosecutor's office and identified features of its structure. The general assessment of the state of legal regulation of official investigations in the prosecutor's office is given. It is concluded that at the present stage the legal regulation of official investigations in the prosecutor's office is disordered in its internal structure. Yes, there is a corresponding dissonance between the status and the practice of applying official investigations. The procedure for this procedure, the subject composition, the local legal framework, as well as other mechanical features of official investigations are developed and have the appropriate forms of operation. At the same time, the status and purpose of official investigations in the prosecutor's office, their connection with disciplinary proceedings, principles, as well as the general place in the field of official discipline of prosecutors in modern realities are not properly regulated.


2020 ◽  
Vol 2 (4(106)) ◽  
pp. 269-275
Author(s):  
Ю. І. Соколова

The relevance of the article is that when forming a theoretical and legal position on the content of a phenomenon or object, the issue of its settlement by law is especially important. The study of various aspects of judges' pensions has shown the key role of the normative component in the content of this problem, through which the legal reality establishes its influence on the relations arising in the field of pensions of judges. It should be noted that the legal regulation is characterized by the following features: it is, first, the impact of law on public relations, which is carried out through a separate group of legal instruments - legal norms; secondly, normative-legal regulation is a part of complex legal influence, in other words, it shows only one of clusters of legal regulation of the corresponding object; thirdly, the intensity, efficiency, breadth and other mechanical factors of legal regulation directly depend on the quality and system of legal provisions and norms that build the content of the category. The article, based on the analysis of scientific views of scientists, proposes the author's definition of the concept of legal regulation of judges' pensions. The main normative-legal acts of the legislative and by-law level which fix the principles of regulation of public relations in the field of pension provision of judges are singled out. It is concluded that the main feature of the legal regulation of judges' pensions is the presence of two groups of legal documents, namely: general, which establish guarantees of social protection and pensions in Ukraine as a whole, led by the Constitution, and special - the Law of Ukraine "On Judiciary and the Status of Judges" dated 02.06.2016 №1402-VIII, documents of judicial self-government bodies - establish the peculiarities of judges receiving pensions and monthly lifetime allowance. At the same time, the disadvantage of the special legal framework is the lack of norms that clearly explain the procedure and features of both types of pensions for judges, by paying them pensions in the general order and a monthly lifetime allowance. In particular, the special normative-legal base does not explain the content of the monthly lifetime cash maintenance and the main points of its legal significance.


2021 ◽  
pp. 20-24
Author(s):  
Anna Kanakova

The article discusses the constitutional category of «labour», the definition of which is not enshrined in legislative acts because it is considered to be a well-known category, which is not a special legal one and does not require any clarification. However, this approach creates difficulties for legal regulation, as it blurs the boundaries for the legislator and the executor. Lack of awareness of the concept of a regulated category can lead to a situation when the legislator, creating a new law or making amendments to an existing one, will subject to regulation the area that does not pertain to the relevant legal phenomenon, or vice versa - will ignore part of the content of the regulated category, which is certain to negatively affect the quality of legal regulation. Law enforcement practices similarly face difficulties in having only doctrinal understandings of statutory concepts, which creates inconsistency in decisions made by lawyers in course of their professional work. The 1993 Constitution of the Russian Federation enshrined the category of «labour» in a number of articles, but did not clarify the interpretation of its concept. The analysis of economic and legal views on labor allows us to conclude that, despite the status of a well-known category, which, it would seem, does not need an explanation, only the presence of clear criteria for recognizing an activity as labor, provides high-quality legal regulation, in particular, it allows not only to separate the types of activities that are not subject to legal regulation, but also to choose the right branch of law that regulates social relations in each particular case.


2021 ◽  
Vol 110 ◽  
pp. 06004
Author(s):  
Zhanna Grigorieva ◽  
Oksana Mineva ◽  
Elena Gadzhieva

To develop an efficient medical tourism system, it is currently necessary to identify the main participants in the system and clearly define their activities and interactions. The article determines the main participants in the system of medical tourism organization, describes their characteristics in terms of functions and objectives, and proposes the organisation concept of the interaction with international medical institutions and the scheme of the interaction between the main participants of medical tourism. The authors consider the main trends and prospects of the development of medical tourism on the basis of digital platform enabling to render the services for search and provision of quality medical services.


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