Administrative and legal status of healthcare institutions: the determining influence of the Ministry of Health of Ukraine

The paper examines the competence of the Ministry of Health of Ukraine with regard to determining the administrative and legal status of a healthcare institution. The scope of the relevant determining influence and its direction are determined. It is noted that legal entities which are subjects of administrative law and are able to influence the administrative and legal status and determine the limits of administrative legal personality of other legal entities are considered determinative. The author concludes that: 1) in the system of entities determining the administrative and legal status of a healthcare institution, the Ministry of Health of Ukraine occupies a leading position; 2) the main determining influence of this entity is achieved through the use of such public administration instruments as an administrative (individual) act and a normative legal act. The analysis of the latter is carried out. It is noted that the key sphere of use of administrative (individual) acts by the Ministry of Health of Ukraine is licensing of economic activities in medical practice. In addition, the author highlights administrative (individual) acts relating to accreditation procedures for healthcare institutions or providing for their inclusion in a certain list or granting them a certain status. The author emphasises the differences between normative legal and administrative acts. The author suggests that the normative legal acts (orders) of the Ministry of Health of Ukraine which form the regulatory framework for the administrative and legal status of a healthcare institution should be divided into: 1) universal – those which determine the administrative and legal status of all healthcare institutions regardless of the form of ownership; 2) special – those which determine the administrative and legal status of healthcare institutions of certain types. The author outlines the shortcomings of the List of Healthcare Institutions approved by the Order of the Ministry of Healthcare of Ukraine No. 385 dated 28.10.2002 and proposes to amend it with a view to ensuring legal certainty in the issues of establishment and functioning of healthcare institutions in Ukraine.