Cuestiones Políticas Vol. 39, Nº 68 (Enero - Junio) 2021, 399-414 IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ

Principles of Proper Procedure Formation for the Provision of Administrative Services in the Field

of Health Care


DOI: https://doi.org/10.46398/cuestpol.3968.25


Iryna M. Sopilko * Roza M. Vinetska **

Nataliia B. Novytska *** Oleksandr Lyubchik ****


Abstract

The article bases and determines the principles of the formation of appropriate procedures for the provision of administrative services in the field of health care. The deductive methodology used ensures the formation of non-conflict statements on

the principles built on European democratic values. The desirability of classifying these principles into three groups has been demonstrated according to the criterion of the limits of the formation of the fundamentals (principles) of regulation: general legal principles, regulatory principles of good governance. Improving existing legislation underpins the importance of taking into account the principle of legal certainty, which stipulates the need to avoid the priority of regulating procedures for the provision of administrative services in general and in the field of health, in particular through the use of statutes. It is concluded that the further development of e-government is proposed as one of the implementing directions of the European experience, as well as the experience of the United States and Great Britain in organizing the provision of administrative services in the field of health care.

Keywords: administrative law; health care; e-government; experience European; principles.


Returning to the previously listed positions expressed by Koliushko and Tymoshchuk (2006), considering the specifics of the administrative services provision in the field of health care, it is possible to express separate author’s remarks. Basing on the established doctrinal position regarding the perception of the principle of “rule of law”, its perception of the combination of such values as “justice”, “humanism”, it is possible to agree with researchers regarding the promising use of these values in the activities of the entities of public authority, first – when providing administrative services. On the other hand, the allocation of certain principles is seen to be quite controversial. Specified above applies to such a principle as the efficiency in the activity of the public authority regarding the provision of administrative services. Researchers come out of the necessity of combining in the activities of the public authority entities such principles as economy, and at the same time convincing achievement of the results provided by law.

However, itisnecessary to talk about the need to provide anadministrative service or the refusal to decide, and not about its effectiveness or quality of the process. As it has already noted in previous subdivisions, the consumer value of administrative services is its result, but not the process of its delivery. The cost-effectiveness of the use of available resources is a separate principle of activity, as it is provided by completely different means. Considering the above-stated provisions concerning the inappropriateness of the principle of effectiveness as an independent principle of the activity of the public authority regarding the provision of administrative services in the field of health care. The above-mentioned point may be characterized as a determining characteristic of the activity of the specified entity, but it provides for proper implementation of the other principles of its activity.


The logic of this study, the specific scope of its subject determines the need for attention to such principles, identified by Koliushko and Tymoshchuk (2006), as a control over the activities of the public authority and its responsibility in connection with the implementation of its activities. The definition of the principle of accountability is due to its immanent in relation to the activities of public authorities in general and in the sphere of granting of any kinds of administrative services. In the sphere of providing administrative services, this additionally becomes actuality due to the specific nature of this activity – creation of conditions for the implementation of subjective rights, freedoms, and legitimate interests.

Thus, in the healthcare sector, it is necessary to indicate the order of the Ministry of Health of Ukraine (2017) No. 1366, which approves a unified form of an act drawn up based on the planned (unscheduled) state supervision (control) measure on compliance with the subject management of the requirements of legislation in the field of economic activity in medical practice subjected to licensing. This legal act stipulates not only the actual definition of the form of the relevant act, but also the list of issues related to state supervision (control), which is complete.

The principle of responsibility is defined as the duty of public authority to incur legal liability in connection with the executed decisions, actions, inactivity. However, its definition is not justified, given that the allocation of the principle of accountability and ownership is a prerequisite for the analysis and evaluation of the functioning of the public authority, which result is legal liability- in case of revealing of the functioning failure.

Returning to the topic of defining the principles of the activities of public authorities and generalizing existing scientific developments, it can be pointed out that such principles as participation of the recipient of an administrative service in the process of providing it, and efficiency should be considered in the general context of the activity of public authorities in the field of health care. Such principles as impartiality, legal certainty, and transparency have a significant peculiarity of implementation in the context of providing administrative services in the area under investigation. Therefore, it is advisable to consider them in the context of the principles of legalization of the provision of administrative services in the healthcare field.

In spite of the above-mentioned inexpediency of a separate definition of the principle of the effectiveness of the public authority’s activity in providing administrative services, one should admit that the key character of ensuring the conformity of the result of the provision of the administrative service, the indicators of the activity itself (the timeframe, the quality of consideration of the issue) cannot be ignored for the public inquiry, expectations of the person applying for the administrative service In the conditions of the introduction of the priority of the rights of a private person in all spheres


of public life, the compliance of the entity of public authority with specified criterion may be the basis for recognizing its activities as effective (despite the conditional nature of this method of determining efficiency).

The introduction of the principle of participation in the decision obliges the public authority to work out and continuous improvement of the forms and means of cooperation with the recipients of the administrative service. The specified should be achieved due to proper regulation in the rules of administrative law of the procedure for the participation of recipients of administrative services in the relevant procedures. At the same time, there is a situation of a certain passivity of public authorities in matters of improvement their own activities, cooperation with the subjects of acquiring administrative services, which is determined by the improper state of legal regulation of the provision of administrative services. In addition, it should also be noted that taking into account the provisions on the rule of law and the rule of human rights, the definition of the subject matter of the principles of the public authority activities determines the expediency of complementing the principles of the provision of administrative services in general and in the field of health care, the principle of taking into account acquirer interests of administrative service.


Conclusion

The conducted research allowed to formulate the following conclusions. The doctrinal basis for determining the principles of the proper procedure for the provision of administrative services in the field of health care is the principles of the functioning of public authoritiesin providing administrative services. The general principles of the functioning of the public authority, including the Ministry of Health of Ukraine (the main subject of the provision of administrative services in the field of health care), should be defined as follows: 1) the rule of law; 2) legality; 3) legal certainty; 4) openness, which provides for promulgation in accordance with the procedure established by law, ensuring availability of data for individuals regarding the functioning and decision of the public authority, the provision of public information at the request of a private individual; 5) proportionality, which requires definite goals due to the public administrative authority, which have to be achieved, public administrative authority responsibilities to assess consequences of actions and inactions. In addition to the above principles, it is well-founded to supplement the list of principles with the new ones provided by Article 4 of the Law of Ukraine (2013) “About Administrative Services”.

Analyzed scientific positions Koliushko and Tymoshchuk (2006), Petovka (2014) and other researchers concerning the principles of organization and activity of public authorities allow to also formulate the


principles of the provision of administrative services by the Ministry of Health of Ukraine in the investigated sphere, which should be based on the concept of proper governance. Rule of law, accountability, transparent nature of activity, adequacy and proportionality of responses, effectiveness, equality of rights of service providers are defined by the relevant principles. It is also necessary to consider the need to supplement the list of principles for the provision of administrative services in the field of health care, taking into account the interests of the recipient of the administrative service. The above list of principles for the provision of administrative services in the field of health care should be systematized according to the criterion of the limits of the basis formation (principles) of regulation: general principles of law, regulatory principles, principles of proper governance.

Perspective directions of further research are: 1) the special attention should be given to the introduction of the principle of legal certainty in the activities of public authorities in the provision of administrative services in the field of health care. The indicated principle directs such entities to ignore regulations of proper procedures by bylaw acts and active improvement of procedure nature; 2) the introduction of European experience, the experience of the United States, Great Britain in organizing the provision of administrative services in the healthcare field should be based on the principles of the proper procedure for the provision of administrative services, among which the principles of proper governance which necessitates the further development of e-government system. One of the directions of such development is the introduction of forms and means of information interaction between the Center for Administrative Services “Single Window” at the Ministry of Health of Ukraine and the Centers for the Provision of Administrative Services. Implementation of this proposal requires the development of certain normative and organizational propositions.


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Vol.39 Nº 68


Esta revista fue editada en formato digital y publicada en enero de 2021, por el Fondo Editorial Serbiluz, Universidad del Zulia. Maracaibo-Venezuela


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