scholarly journals Public-private partnerships in the healthcare sphere: legal models in Ukraine and foreign countries

2021 ◽  
Vol 10 (37) ◽  
pp. 168-179
Author(s):  
Oleksandr Shevchuk ◽  
Valentyna Zui ◽  
Igor Kompaniiets ◽  
Volodymyr Martynovskyi ◽  
Yurii Matat

The article discusses certain aspects of the legal regulation of public-private partnerships in the health sector in Ukraine and foreign countries. The subject of the study is the legislative acts of public-private partnerships in healthcare field, its types and directions for their implementation. The varieties of public-private partnership forms in healthcare field in foreign countries and Ukraine are clarified. Process of reforming the healthcare sector, introduction of standards and criteria of best practices of European countries on the issues of partnership under study in national legislation is appropriate and promising. The aim of the article is to disclose the features of legal regulation of public-private partnerships implementation in the healthcare field in foreign countries and Ukraine. The methodology of this work is based on a set of research methods. The comparative method was used to clarify the legal aspects of public-private partnerships in the healthcare field and the possibility of its use in Ukraine, to analyze indicators that determine the success of partnership projects in foreing countries. Using the method of theoretical analysis, systemic and analytical methods, the term of “public-private partnership in the healthcare field” was established, types of contracts, signs of public-private partnership, categories of such partnership models in world practice are given. Experience of the EU countries on public-private partnerships in healthcare field, the introduction of changes in healthcare management system in accordance with requirements of European law is positive for Ukraine.

2020 ◽  
Vol 9 (4) ◽  
pp. 337
Author(s):  
Oleksandr Shevchuk ◽  
Oleksandr Lysodyed ◽  
Igor Borysenko ◽  
Oleg Bululukov ◽  
Oleksandra Babaieva

The article discusses certain aspects of legal regulation of patients' rights to innovations in healthcare sector. The subject of the study is the legislative acts on human rights in healthcare field, forms and types of human rights and directions for their implementation. Attention is focused on such types of patients' rights to innovations in healthcare field: (1) right to biomedical experiments; (2) right to reproductive technology; (3) right to donation;                (4) right to transplant organs and anatomical materials; (5) right to therapeutic cloning; (6) right to change gender;   (7) right to virtual reality. Essence of “innovation in medicine” is revealed, classification of human rights is given. The purpose of the article is to disclose the features of legal regulation of implementation of the patients rights to innovations in healthcare field. The methodology of this work is based on a set of research methods. The comparative method was used to elucidate the legal aspects of the patients rights to innovations in healthcare sector. Using the method of theoretical analysis, systemic and analytical methods, the term “patients' rights to innovations in healthcare field” was established, their varieties were characterized. Introduction of effective innovative models in health sector in context of patient rights will improve the availability and quality of provision of medical services to the population. It has been established that an important element in the implementation of innovative technologies in healthcare sector is the regulatory framework, which must comply with international standards.  Key words: health sector, innovation, legal regulation, patient rights


Author(s):  
Svetlana Vovk ◽  
◽  
Vitaly Lobas ◽  
Tatiana Vovk ◽  
◽  
...  

Against the background of existing mechanisms for managing socio-economic changes, the formation of public-private partnerships in the medical system deserves attention. The prerequisites for these changes were: insufficient funding of hospitals and institutions, inadequate staffing, lack of proper provision of high-quality medical services to the population, low response of the medical system to invested budget resources, as well as a decrease in the prestige of the medical profession. Among the reasons that determine to activate this direction, within the framework of the reform, we include: the lack of readiness of the state for such cooperation, the imperfection of the management system for the development of public-private partnership in the industry, the lack of a clear division of powers between public authorities and business, the imperfection of an effective mechanism for providing state support in the field of entrepreneurship in healthcare and the lack of an appropriate level of control and responsibility for the improper Organization of the treatment process in hospitals. Mechanisms of state management of socio-economic changes the formation of public-private partnerships in the medical system deserves more attention. The analysis of the scientific literature of the legislative framework allows us to conclude that the development of public-private partnership in the healthcare sector should become one of the most relevant directions in the development of Industry Reform. So, for the development of cooperation between private medicine and public medicine, it is necessary to bring into line the regulatory framework regulating the activities of private institutions, to find solutions to problems related to the implementation of the provisions of the law of Ukraine "on public-private partnership" in the medical industry.


Author(s):  
Alina Zhukovska

The article outlines the issues of social infrastructure development in Ukraine. The need of addressing these issues through implementing public-private partnership projects is justified. Some priority areas for introducing public-private partnership in Ukraine are identified. The best foreign practices of attracting private sector to solving problems of social infrastructure development are considered. It is revealed that priority areas where public-private partnerships operate are dependent on the level of socio-economic development of the country. Some practices of public-private partnership projects in education in the UK, Australia, Germany, and Egypt are analyzed in detail and their common characteristics are systematized. Based on the analysis of best foreign practices applied in implementing public-private partnership projects in healthcare, the following key measures are formulated: direct provision of medical services, management of medical assets, development and production of pharmaceuticals, improvement of access to medical services and products. The performance of public-private partnership projects in the healthcare sector in the UK, France, Australia and Sweden is analyzed in detail. The paper describes both more and less successful examples of publicprivate partnership in this sector. The article defines the following reasons for low-level implementation of public-private partnership projects in healthcare: schedule delays in construction, operation-cost overruns, poor hospital and ward layout, use of low-cost medical equipment which requires regular renewal. The research also considers the best foreign practices of introducing public-private partnership projects in the field of culture. Some characteristic features of public-private partnership projects in social services in foreign countries are identified. The national practices of introducing public-private partnership projects are highlighted and priority areas of their operation are singled out. It is found out that the implementation of public-private partnership projects in social services is not popular among domestic investors. Some individual projects of public-private partnership in social services are considered. A particular attention is paid to both more and less successful ones. The main problems of the implementation of public-private partnership projects in the national education, healthcare, culture are outlined and ways for their solution are proposed.


Author(s):  
А.М. Дроздова ◽  
Е.А. Терещенко ◽  
В.С. Комаров ◽  
И.А. Губанов

Статья посвящена основным проблемам, связанным с формированием государственной политики по реализации механизма государственночастного партнерства в транспортной сфере. Анализу подвергается понимание государственно-частного партнерства в указанной сфере, рассматривается современное состояние общественных отношений, особенности нормативно-правового регулирования государственно-частного партнерства в связи с реализацией Транспортной стратегии Российской Федерации. Рассматриваются особенности регулирования отношений государственно-частного партнерства в иностранных государствах. The article is devoted to the main problems associated with the formation of state policy for the implementation of the mechanism of public-private partnership in the transport sector. The analysis examines the understanding of public-private partnership in this area, examines the current state of public relations, es- pecially the regulatory legal regulation of public-private partnership in connection with the implementation of the Transport Strategy of the Russian Federation. The features of the regulation of public-private partnership relations in foreign countries are considered.


2020 ◽  
Vol 70 (2) ◽  
pp. 15-22
Author(s):  
B.O. Ahataeva ◽  
◽  
R.A. Nurtazina ◽  

The article discusses the theoretical aspects of public-private partnership: goals, objectives, regulation through the improvement of public policy mechanisms. A discourse is being made on the formation of public-private partnerships and the effectiveness of the mechanism of relations between the state and the private sector on the example of foreign countries and Kazakhstan.


Author(s):  
Nasrin Shaarafchizadeh ◽  
Mohammad Reza Rezayatmand ◽  
Ghazaal Etemadi

Objective: Public-private partnerships (PPP) have been used recently in many countries for reforming the structural health sector. The purpose of this study was to investigate the impact of PPP models in hospitals on raising the awareness of health policy makers, managers, and authorities to make sound decisions and planning. Information sources and selection methods for the study: This review was conducted in 2019 by searching the databases of Scopus, ProQuest, PubMed, and Google Scholar. The following keywords were used for the search: public private partnership, PPP, public hospital, public private partnership in hospital, and partnership model. Furthermore, Persian equivalents of these key words were searched in databases of Scientific Information Database and Irandoc from 1990 to 2017. A total of 954 articles were studied in a step-by-step manner. Results: Finally, 21 articles related to the study objectives entered the research. Based on the results collected from reviewing the selected papers, PPP in hospitals were categorized into 9 different categories of Service Purchase, Outsourcing, Management Contract, (Design, Build, Finance, Operate), (Build, Own, Operate), (Build, Own, Operate, Transfer), (Buy, Own, Lease back), Alzira model and Privatization. So, PPP influenced the performance of hospitals. Conclusion: Overall, PPP can be a good solution for the hospital sector that can improve the hospital performance in the case of providing the necessary contexts. However, these models are not generalizable to all parts of the health system and may face numerous challenges in implementation.


2020 ◽  
pp. 3-16 ◽  
Author(s):  
Nina Fridrikhovna Sirina ◽  
◽  
Vitaliy Pavlovich Pershin ◽  

The paper reveals the etymology of the Public-Private Partnership (PPP) and features of legal regulation in Russia. The authors have carried out an analysis of the main modern models of legislative management in this sphere of legal relations in foreign countries. Moreover, they consider the main projects of construction and reconstruction of the JSC RZD railway infrastructure implemented or planned for implementation on the principles of PPP. The SWOT analysis identified not only the risks of using existing forms of PPP in Russia but also the high potential of using such projects on the railway network contributing to the rapid renewal and development of public infrastructure to meet the needs of customers and the population with budget savings. However, at the present stage, methodological aspects of the legislative calculation and assessment of project efficiency, complexity of regulatory and legal interaction of parties and a process of investment return hinder the rapid implementation of PPP system on the railway transport in the Russian Federation. The authors propose a modification of direction for strategic planning of operation of investment objects through relational interaction of parties to the agreement by creating a state system of instances of PPP. For this purpose, they introduce a concept of «relation potential of Public-Private Partnership instances» that characterizes a complex availability of reserves from parties to ensure the long-term functioning of the chosen strategy. The paper provides a method of integral performance assessment of PPP project that allows analysing the efficiency of using allocated resources and assessing the potential of investment object exploitation.


2018 ◽  
Vol 28 (1) ◽  
pp. 351-356
Author(s):  
Sandra Risteska

Each country strives for growing economic development, but no country is able to implement it. Various experiences and projects from the countries of the European Union and other neighboring countries are taken and considered. Towards the end of the 20th century and at the beginning of the 21st century, economic movements are increasingly relying on public-private partnerships, which can lead to a rapid development process through the financing of infrastructure projects. Economic globalization, as well as the emergence of new opportunities for economic activity in the world, are aimed at cooperation of the authorities and businesses in the realization of the socio-economic policies. The implementation and realization of development projects through public-private partnerships is impossible without participation by the relevant institutions of the public and private sector. Above all, direct participation implies expertise, experience and education. Every project that will be realized through various forms of public-private partnership must fulfill certain conditions. Among the conditions for proper implementation of the project are: dialogue, transparency and monitoring. The main feature of PPP is the transfer of the risk to the financing, efficiency and quality of public services, which are usually the burden of the private partner. This paper analyzes and explores the essence of public-private partnership. The conceptual framework for public-private partnership, as well as its strengths and weaknesses, is set. With the application of PPP, the economic development of the infrastructure as a whole, and in particular the development of local infrastructure, is analyzed. The origin of PPPs, its characteristics, as well as the need and importance for their continuous implementation are explained. The application of PPP is considered through the experiences in certain countries of the European Union and the Republic of Macedonia. Then, the responses to previously hypothesized hypotheses are collected: what is the successful implementation of PPP, what is needed for PPPs and why. In the end, the data from the conducted research are collected, analyzed and determined the profile of certain activities, as well as the possible decisions for further strategies for the implementation of the PPPs.


2012 ◽  
Vol 51 (2) ◽  
pp. 280-300 ◽  
Author(s):  
Julie McCann ◽  
Martin Thiboutot

The increasing use of public–private partnerships (PPP) as a means of delivering public services or constructing public infrastructures draws growing interest in the legal community. The ambiguity and lack of consensus surrounding the content of PPP as a concept, leads the researcher to refer to various disciplinary sources. Widely encouraged in law, transdisciplinarity often suffers methodological insufficiencies when comes the time to define transdisciplinary concepts. The authors revisit the interpretation methods developed by the courts, and propose a complementary conceptual analysis framework. The developed framework is then applied to the emerging concept of public–private partnership, as it is used and defined in various disciplines. The paper demonstrates the feasibility and desirability to provide a transdisciplinary perspective to legal concepts.


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