The genesis of legal regulation of the concept of «medical service» and related definitions in the legislation of Ukraine

Abstract

The publication is devoted to the study of the concepts of «medical service», «medical care» and related categories through the analysis of their origin and enshrined in the legislation of Ukraine. A scientific analysis of the interpretation of «medical care», «medical aid», «rehabilitation aid», «medical service», «rehabilitation service» was provided in accordance with the case-law of the Constitutional Court of Ukraine, Ukrainian legislation. The genesis of the legal regulation of these concepts was studied from the time when Ukraine gained independence and till the adoption of the Law of Ukraine «On Rehabilitation in the of Health Care Sphere».
Taking into account the results of the case-law of the Constitutional Court of Ukraine and the legislative process, attempts to make proper definitions were isolated and heterogeneous until 2011. After the adoption of the Law of Ukraine «On Amendments to the Fundamentals of Health Legislation of Ukraine regarding Improvement of Medical Assistance» in 2011 there was a clear trend in creating a certain systemic link between «medical care» and «medical aid». Then, a «medical service» was defined and connected to the terms above by the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine Regarding the Improvement of Laws on Activities of Health Care Institutions» in 2017.
However, the relationship of the studied concepts has undergone significant changes after the adoption of the Law of Ukraine «On Rehabilitation in the of Health Care Sphere». In fact, the allocation of new categories as «rehabilitation aid» and «rehabilitation service» was provided as well as the content of the definitions of «medical care» and «medical aid» was changed significantly.