scholarly journals Legal Regulation of the State Personnel Policy in the Field of Health Care in Ukraine

2021 ◽  
Vol 2 (48) ◽  
pp. 49-55
Author(s):  
Y. M. Malihon ◽  
◽  
O. V. Motailo ◽  

The article aims at studying the features of the legal regulation on the state personnel policy in the field of health care in Ukraine. It is determined that the creation of a legal framework for the effective functioning and development of the state personnel policy as for the healthcare system is a priority for improving the effectiveness of the healthcare industry. The article analyzes the existing legal regulation on improving the staffing of the healthcare system in Ukraine, namely: articles of the Constitution of Ukraine, provisions of the Labour Code, articles of the Law of Ukraine «On Employment», articles of the Law of Ukraine «On Collective Bargaining Agreements», articles of the Law of Ukraine «On Labour Protection», provisions of the Law of Ukraine «On Vacations», articles of the Law of Ukraine «On Labour Remuneration», provisions of the Law of Ukraine «Fundamentals of Legislation of Ukraine on Health Care», and provisions of the Law of Ukraine «On Improving the Accessibility and Quality of Healthcare in the Countryside». It is determined that the Labour Code of Ukraine is the main source of employment and labour law and the state regulation of labour relations, regardless of the industry. The main elements (features) of a collective bargaining agreement are studied, namely: individual and personal feature, organizational feature, material feature, regulatory feature, subject feature. The principles of state policy in the field of labour protection are determined. The Ministry of Health orders for 2020 – early 2021 on personnel policy issues in the field of health care are analyzed, conclusion is made that the Ministry of Health, being an immediate subject in the case, is highly interested in the creation of a legal framework on the state personnel policy as for the healthcare system in Ukraine.

2021 ◽  
Vol 04 (02) ◽  
pp. 38-46
Author(s):  
Malihon Yuliia Malihon Yuliia ◽  
Motailo Oleksii Motailo Oleksii ◽  
Avtomieienko Alla Avtomieienko Alla

The purpose of the article is to study the features of regulatory and legal regulation of state personnel policy in the field of health care in Ukraine. The article determines that the formation of the legal framework for the effective functioning and development of state personnel policy of the health care system is a priority for improving the efficiency of the medical sector. The article analyzes scientific developments on improving the staffing of the health care system in Ukraine, in particular: articles of the Constitution of Ukraine, provisions of the Labor Code, articles of the Law of Ukraine "On Employment", articles of the Law of Ukraine "On Collective Bargaining", articles Law of Ukraine "On labor protection", provisions of the Law of Ukraine "On vacations", articles of the Law of Ukraine "On remuneration", provisions of the Law of Ukraine "Fundamentals of legislation of Ukraine on health care", provisions of the Law of Ukraine "On improving accessibility and quality of health care" in the countryside. " It is determined that the main source of labor law and state regulation of labor relations, regardless of the industry, is the Code of Labor Laws. The main elements (features) of the employment contract are studied, namely: individual-personal feature, organizational feature, material feature, regulatory feature, subject feature. The principles of state policy in the field of labor protection are determined. An analysis of the orders of the Ministry of Health for 2020-early 2021 on personnel policy in the field of health care, which confirmed the interest of the direct entity in the form of the Ministry of Health of Ukraine in the formation of regulatory framework for personnel policy of the health care system of Ukraine. Keywords: health care system, normative-legal provision, laws, codes, personnel policy, state regulation.


Author(s):  
І. О. Федяк ◽  
І. І. Іванюлик

<p><strong>Introduction.</strong> World Health Organization is worried about poor children vaccination inUkraine. After the signing of the coalition agreement between the main political parties, which were held into the Ukrainian Parliament of VII convocation, representatives of WHO and UNICEF welcomed «the inclusion of conditions of vaccines procurement together with international partners and organizations in the coalition agreement, and reaffirmed their willingness to purchase and contribute in response to corresponding request of the Ministry of Health care of Ukraine». However, coordinated decisions were not accepted. And the overall condition of financing the health care system and the Program of immunization as its component does not comply with the WHO’s requirements.</p><p><strong>Methods of research:</strong> bibliographical, analytical, systematic and logical.</p><p><strong>Results and discussion.</strong> According to the immunization Schedule in Ukraine, 10 infectious diseases, such as diphtheria, pertussis, rubeola, rubella, epidemic parotitis, polio, tetanus, tuberculosis, hemophilic infection, hepatitis B are subordinated to prevention by vaccination. Vaccines against these diseases in accordance with the law of Ukraine № 1645-14 «On protection of population against infectious diseases» are centrally purchased on a single state tender held by the Ministry of Health care of Ukraine. Nowadays, it is currently completing the implementation of current National program of immunization and population protection against infectious diseases for 2009-2015, which was adopted by the Law of Ukraine № 1658-VI, dated on 21<sup>st</sup> October, 2009.</p><p>The problem of infectious diseases immunization must be strategic in any socio-political circumstances of country’s life. However, according to analysis of the state funding of the health care system ofUkraineas in general and as its component – system of immunization inUkrainetraditionally faced a shortage of funds, along with the low cost effectiveness. This tendency has occurred not only in the current military conflict, but also has become a disappointing practice. So, the percentage of financing costs on the health care system from the State budget has traditionally been at the level of 3,7% of GDP and covers about 57% of the total population needs. However, the analysis of audits materials of the Accounting chamber of Ukraine shows that projected amount of funding from the State budget of the Program on immunization during 2009-2015 variances with the real allocations in 2011-2013 inaverage of 45,3%. Along with this, the conclusions of the Accounting chamber for 2007-2013, Ministry of health care traditionally does not provide efficient use of available funds of the State budget. This led to the fact that it was failed to reduce the level of infections, against which is held by means of immunization. This is demonstrated by the vaccination coverage of the population in 2014 at a level from 15 to 49% depending on infectious disease by the WHO recommendations – 95 %.</p><p><strong>Conclusions:</strong> reform of the Program of immunization financing must firstly focus on improving the efficiency of spending, particularly through the reform of sector procurement that is offered like in many countries to conduct through the mediation of WHO and UNICEF through the «framework» (directly long-term) agreements with suppliers of vaccines. And it already needs not declarative, but real political freedom.</p>


Author(s):  
Irina Sukhodubova ◽  
◽  
Veronika Irzhavska ◽  

The article considers the issue of branch affiliation of medical law. In particular, numerous studies conducted by recognized experts and scientists on the independence of the field of medical law are analyzed. The relevance of the allocation of medical law in a separate branch of law of Ukraine is highlighted. Since the sectoral affiliation of medical law remains uncertain, this indicates the relevance, feasibility and necessity of a comprehensive study of the sectoral affiliation of medical law of Ukraine. In general, it is determined that medical law is a complex branch of law that includes a set of legal norms that regulate public relations in the health care system. The review of literature sources summarizes the state of the legal framework for the regulation of medical activities in Ukraine. When considering various sources and scientific works, the state of the regulatory framework for the regulation of medical activities and the health care system in Ukraine is summarized. The relevance of the allocation of medical law in a separate branch of law of Ukraine is highlighted. For this purpose, state bodies face the task of creating a separate complex branch of medical law. And before scientists - the development of medical jurisprudence as a separate branch of legal science. It can be concluded that such a document as the Medical Code of Ukraine is one of the tools for implementing the state health policy. Methods of improving and overcoming problematic situations in the system of legal regulation of health care are considered. The general provisions of the Medical Code are defined and the important features which should be contained in the corresponding codified act are specified. It is noted that the creation and adoption of an appropriate code will contribute to the quality and effective legal regulation of legal relations in the field of health care, as well as in the field of medical care, should become a reliable foundation of medical law.


2021 ◽  
Vol 23 (4) ◽  
pp. 29-35
Author(s):  
ELENA GONCHAROVA ◽  

The legal aspects of implementating personnel policy are an integral part of the successful work for the regional administration. The article examines the legal mechanisms used by the state civil service of the Lipetsk region administration, aimed at forming a model of qualification requirements to fill positions in civil service and developing the system for material and non-material motivation, increasing efficiency in state-service relations. Currently, to reform and improve the effectiveness of the state civil service, we need to create a flexible system of incentives for employees; since the effectiveness of their activities largely depends on their personal interest in the performance of official duties at a high level. The Lipetsk region administration monitors the regulatory legal framework on civil service in real-time. This method of quality control contributes to the improvement of personnel policy, standardization of personnel processes, and their uniform application in all governmental bodies of the region.


Author(s):  
N.V. Hrechyshkina ◽  
L.A. Lytvynova ◽  
E.N. Donik ◽  
L.I. Artemchuk ◽  
O.B. Tonkovуd

The relevance of the work is due to the need for constant monitoring of the staffing of the medical industry, especially in modern conditions, complicated by the reform of the healthcare system against the backdrop of a pandemic. Aim. Analyze the dynamics of the staffing of the medical industry in Ukraine in the period from 2012 to 2019 in order to determine the main trends and their reasons, to give suggestions for improving the staffing situation. Material and methods. The material for the study was the official statistical data of the reports of the Center for Medical Statistics of the Ministry of Health of Ukraine "Medical personnel and the network of healthcare institutions of the system of the Ministry of Health of Ukraine" for 2012-2019. Results. As a result of the study, the negative dynamics of the provision of the population of Ukraine with doctors and nurses in recent years, the territorial and professional imbalance in the provision of medical personnel were determined. The persistence of a shortage of personnel in medicine cannot but affect the health of Ukrainian citizens in the future. The main reason for this situation is the lack of a clear strategy regarding personnel policy in the health care system against the background of its reform. Conclusion. The main conclusion of the study is that the process of reproduction, preservation and distribution of medical personnel in institutions and territories is poorly managed, it needs regulation and improvement. Personnel policy should include the following aspects: material and moral incentives for medical workers, ensuring the protection of their rights and social security, creating appropriate working and rest conditions for them.


2020 ◽  
Vol 11 ◽  
pp. 183-201
Author(s):  
Nazura Abdul Manap ◽  
Azrol Abdullah

Artificial Intelligence (AI) has been developed under the field of computer science for more than 50 years. AI somehow only gains its prominence in the recent millennia when the necessary tools to test the hypothesis on nature of thought became available. Unfortunately, the absence of legal regulation on AI has caused AI to exist in a regulatory vacuum and nature abhors vacuum. The law is at the state of confusion about who shall be blameworthy for the damage caused by AI. The prevalence of this problem triggers for the expatiation of this review article in defining the scope of AI that must be regulated. The objective of this article is to suggest that AI with certain capabilities must be placed in the legal realm. This article will first begin by highlighting the problems associated with AI before directing the focus of the discussion to the various reasons that justify for AI to be regulated. This article will then explore the various approaches which can be adopted by government in regulating AI. These approaches can be a workable formula to procure the two-tier methods in regulating AI in Malaysia. The methodology devised for this article is based on doctrinal research where most of the materials are derived from text books, online resources and established academic databases. The findings made in this article suggest that AI must be regulated independently from the existing legal framework. Reason being, AI capabilities are unique in its own sense and therefore cannot be treated like other previous technologies. The outcome of this article will also able to contribute on issues relating to the legal liability of AI in Malaysia.


2020 ◽  
pp. 72-82
Author(s):  
I.L. Kapylou

The article describes the achievements and determines the prospects for the standardization of Belarusian onyms: it examines the problems associated with the establishment of official written forms of toponyms, the creation of normative onomastic reference books, the functioning of onyms in the situation of the state Belarusian-Russian bilingualism in Belarus, the transliteration of foreign names into the Belarusian language, the preparation of a legal framework and development of a program for proper names romanization.


2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.


PEDIATRICS ◽  
1994 ◽  
Vol 93 (4) ◽  
pp. 560-560
Author(s):  
J. F. L.

When Minnesota legislators last spring passed health legislation that included a tax on health care providers, many physicians thought the state had gone too far. As the state begins to implement the law, however (physicians will begin paying the tax in 1994), those same physicians are realizing that their troubles may have just begun. The tax is only one part of a larger health reform package that promises to change the way Minnesota physicians practice. Under the law, for example, the state will assign physicians to some patients. The law also requires the state to develop practice parameters and controls on technology... Beginning in 1994, physicians will pay a 2% income tax on their gross revenues. The tax, which will not be levied on Medicare or Medicaid services or on physicians employed by managed care providers, will help pay for health insurance for the state's approximately 400,000 uninsured. Many physicians opposed the legislation because it will cut into their pay... And to achieve its goal of reducing health care costs by 10% a year for five years, the state will develop and implement practice parameters in an attempt to avoid ineffective treatment.


2021 ◽  
Vol 81 (2) ◽  
pp. 21-26
Author(s):  
S. V. Vasyliev

The study is focused on the legal regulation of state support for the creation of innovative medicinal products. Establishment of the measures of state support for scientific research for creating innovative medicinal products within legislative acts and by-laws should help to increase the competitiveness of the pharmaceutical industry in Ukraine. The government declares the provision of support for scientific research in the field of creating innovative medicinal products. The legislation establishes the conditions for registering an innovative project, provides the maintenance of the Register of scientific institutions that received the state support. A detailed characteristic of the existing means of the state support for scientific research in the pharmaceutical industry is provided. The state supports innovations by establishing tax incentives for research institutions and providing funding for some innovative projects. Support for innovations is carried out by the State Innovative Financial and Credit Institution, the National Research Fund of Ukraine and the Innovation Development Fund. Funding for the creation of innovative medicinal products can be realized through public and private partnership. The scholars have declared their propositions regarding the introduction of specific measures of the state support for innovations in the field of creating new medicinal products. It has been offered to amend the current legislation on the issues of state funding of scientific research in the sphere of developing new medicinal products. It is necessary to delineate the competence of various funds for promoting innovations in relation to supporting innovations in the field of pharmacia. It is important that the law should provide the procedure and conditions for supporting public and private partnership projects at the expenses of funds for promoting innovations.


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