Administrative and legal regulation relationships in the field of health protection due to the legislation of Ukraine

Categories «legal health protection», «objects and subjects of health protection», «administrative and legal health protection» are reviewed in the article. The author distinguishes «protection of individual human health» and «protection of public health», claiming that they are governed by almost all branches of law, but dominant among them are administrative and civil law. The paper contains an analysis of legal and administrative health protection. Administrative and legal nature, types of administrative legal relations arising in this area are observed in the article. The aim of the paper is to investigate the principles of administrative and legal regulation of relations in the public health system. Speaking on the protection of human health, we mean
a system governed by legal rules of social relations in the field, the purpose of which is achieving the highest standards of physical and mental health, where subjects are individuals and legal entities including patients and health professionals, health institutions and public authorities. So among these relationships (organizational, financial, professional, etc.) the most important are the legal relationships that give rise to speak about health care by legislation, or legal health protection.
The objects of legal health protection can be:
– personal health of individual (natural person);
– public health (i. e. health of a certain group of people (enterprise labor collectives, institution, organization, or inhabitants of a village, town, city, district, region or the whole country).
Consequently, the objects of administrative and legal relations in the health sector are such intangible benefits as people life and health, as well as their behavior and such tangible assets as movables and immovable property, medical equipment, pharmaceuticals, medical instruments, medical documents, etc. Central position among the legal norms regulating relations in the field of public health belongs to the administrative law, which suggests administrative and legal health care. It implies
taking various measures to ensure and strengthen health due to the administrative law. Ukrainian legislation on health regulates several types of administrative jural relationships. The analysis of the relationships allows to identify their specifics and to distinguish the difference. According to the criterion they can be divided into the following jural relationships groups, that can be find:
– in the process of providing medical care and taking measures to protect public health;
– in the process of defining the administrative and legal status of legal entities receiving and providing health care;
– in the process of organizing and providing hygienic and sanitary-epidemiological welfare of the population and the implementation of public sanitary inspection;
– in the process of the state and municipal administration of providing health care and government regulation of economic activities in the health sector;
– in the very process of providing health care;
– in some areas of medical practice: therapy, surgery, psychiatry, preventive treatment, transplantation, clinical trials of drugs, etc.