乌克兰作为一个行政法律机构预防和解决医疗保健利益冲突

O. Shevchuk, Anastasiia Yarova
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引用次数: 1

摘要

本研究的目的是分析预防和解决医疗保健部门利益冲突的行政法律制度发展中的某些法律问题。本文以跨学科的方法为基础,运用分析和综合的方法,以及比较法、辩证法和系统法。提出了“医疗卫生领域利益冲突的预防和解决”的概念,并对“医疗卫生利益冲突预防和解决行政法律制度”的设计进行了界定和类型确定。分析了科学文献、国家和国际法律文件中的“利益冲突”概念,并在国外立法中提出了“医疗领域利益冲突”的定义。已经确定,在某些外国的立法中,对医疗保健领域利益冲突的法律规定是在“利益冲突”特别法的层面上进行的,或在预防腐败的法律中规定的,或(在某些州)也在医疗保健领域的监管法律法案中规定的。披露了医疗保健领域的利益冲突要素(真实或潜在),并澄清了其内容。披露了医疗保健领域(真实或潜在)利益冲突的要素,并澄清了其内容。已经确定了两种解决医疗保健部门利益冲突的方法:外部和独立。卫生保健部门利益冲突的预防和解决由以下组成部分组成:(1)预防,(2)告知,(3)避免行动或决定,以及(4)解决。
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Prevention and settlement of conflicts of interest in health care of Ukraine as an administrative legal institute
The purpose of the study is to analyze certain legal problems in the development of the administrative-legal institution for preventing and resolving conflicts of interest in the healthcare sector. This article is based on an interdisciplinary approach using methods of analysis and synthesis, as well as comparative legal, dialectical and systemic methods. The concept of "prevention and settlement of conflicts of interest in the field of health care" is proposed, and the design of "administrative-legal institution for the prevention and settlement of conflicts of interest in the field of health care" is defined and its types are established. The analysis of the concept of "conflict of interest" in the scientific literature, national and international legal documents, in the legislation of foreign countries was carried out, the definition of "conflict of interest in the field of healthcare" was proposed. It has been established that in the legislation of certain foreign countries, the legal provision of a conflict of interest in the field of health care is carried out at the level of a special law "On Conflict of Interest", or provided for in laws on the prevention of corruption, or (in some states) also in a regulatory legal act in the field of health care. The elements of a conflict of interest in the field of healthcare (real or potential) are disclosed, their content is clarified. The elements of a conflict of interest in the field of healthcare (real or potential) are disclosed, their content is clarified. Two ways of resolving a conflict of interest in the healthcare sector have been identified: external and independent. It is established that the prevention and resolution of conflicts of interest in the healthcare sector consists of the following components: (1) prevention, (2) informing, (3) refraining from actions or decisions, and (4) settlement.
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来源期刊
CiteScore
1.70
自引率
0.00%
发文量
20
审稿时长
24 weeks
期刊最新文献
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