Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
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Vol.39 N° 68
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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 eld of health care. The deductive methodology
used ensures the formation of non-conict 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 eld 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
eld of health care.
Keywords: administrative law; health care; e-government; experience
European; principles.
* Full Doctor in Law, Professor, Dean of the Faculty of Law, National Aviation University, Ukraine.
ORCID ID: https://orcid.org/0000-0002-9594-9280. Email: i.sopilko13@uohk.com.cn
** PhD in Law, Vice-Rector for Economics and Economic Work, National Aviation University, Ukraine.
ORCID ID: https://orcid.org/0000-0002-0010-0306. E-mail: roza.vinetska@politechnika.pro
*** Full Doctor in Law, Professor at the Department of Civil Law and Process, University of the State Fiscal
Service of Ukraine, Ukraine. ORCID ID: https://orcid.org/0000-0003-4753-7625. Email: natalka_
bn_@nuos.pro
**** Full Doctor in Law, Professor at the Department of State and Legal Disciplines, Luhansk State
University of Internal Affairs named after E. Didorenko, Ukraine. ORCID ID: https://orcid.org/0000-
0002-8239-2129. E-mail: lyubchikaa@tanu.pro
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Iryna M. Sopilko, Roza M. Vinetska, Nataliia B. Novytska y Oleksandr Lyubchik
Principles of Proper Procedure Formation for the Provision of Administrative Services in the
Field of Health Care
Principios de la formación de procedimientos
adecuados para la prestación de servicios
administrativos en el campo de la atención de la salud
Resumen
El artículo fundamenta y determina los principios de la formación de
procedimientos adecuados para la prestación de servicios administrativos
en el campo de la atención de la salud. La metodología deductiva utilizada
asegura la formación de enunciados no conictivos sobre los principios
construidos sobre valores democráticos europeos. La conveniencia de
clasicar estos principios en tres grupos se ha demostrado de acuerdo con
el criterio de los límites de la formación de los fundamentos (principios) de
la regulación: principios generales legales, normativos de buen gobierno.
Para mejorar la legislación vigente se fundamenta la importancia de tener
en cuenta el principio de seguridad jurídica, que estipula la necesidad de
evitar la prioridad de regulación de los procedimientos para la prestación
de servicios administrativos en general y en el ámbito de la salud, esto en
particular mediante el uso de estatutos. Se concluye que el mayor desarrollo
del gobierno electrónico se propone como una de las direcciones de
implementación de la experiencia europea, así como la experiencia de los
Estados Unidos y Gran Bretaña para organizar la prestación de servicios
administrativos en el campo de la atención médica.
Palabras clave: derecho administrativo; sanidad; gobierno electrónico;
experiencia Europea; principios.
Introduction
The necessity to study the problem of substantiating the principles of the
proper procedure for providing administrative services in the eld of health
care is determined by the factors of theoretical, normative and practical
content. From the theoretical perspective of the formation of a single, non-
conictual approach in the context of different scientic schools, there was
the necessity to create a model of the proper administrative procedure. This
model is a sort of a “marker” assisting to analyze the existing administrative
procedures in the eld of health care involving the authority bodies, the
main of which is the Ministry of Health of Ukraine. The analysis has to
determine rst of all, the extent and degree of observance of citizens’ rights
and freedom, legal entities’ rights and legitimate interests, as well as the
effectiveness in solving the tasks by authority bodies (Allalyev, 2019).
From the normative point of view, the necessity to establish the
principles of proper procedures for providing administrative services in
the eld of health care is due to the existence of a signicant number of
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changes to the current legislation, which are mostly situational in nature.
Under such circumstances, the principles of the proper procedure serve
as a theoretical and legal, methodological basis for the construction of a
regulatory model for the provision of administrative services with its
subsequent implementation into current legislation. The practical factor
affecting the existence of the identied problem lies in the necessity of
creation of all administrative procedures in the eld of health care involving
the authority bodies on the unied, normatively established principles,
based on the developed model of the principles of the proper procedure for
providing administrative services (Avtonomova et al., 2019).
The fth paragraph of the preamble of the Constitution of Ukraine
(1996) sets the irreversibility of the European and Euro-Atlantic course
of Ukraine, which determines the need to apply European experience
in the provision of administrative services in the eld of health care and
outlines the ways of its implementation in Ukraine. The relevance of the
abovementioned points follows from the Association Agreement between
Ukraine, on the one hand, and the European Union, the European Atomic
Energy Community and their member states, on the other hand, which was
signed between Ukraine and the EU (Ratied with the statement by Law of
Ukraine, 2014) No. 1678-VII) (hereinafter referred to as the Agreement), in
which Article 2 states that the main elements of the Agreement are respect
for democratic principles, human rights and fundamental freedoms, as well
as respect for the rule of law principle (Law of Ukraine, 2014).
In addition, it is important to apply the methodological approach to the
selection of the principles under consideration, which should be based on
the perception of the administrative procedure as a denitive system with
a completed character, with a denite interaction of its constituents. The
expediency of substantiating the principles of the proper procedure for the
provision of administrative services in the eld of health care is based on a
methodological basis, including the statements of Parts 1, 2 of Article 104 of
the Agreement, which indicates the condition of licensing – its compliance
with the criteria that eliminate the possibility of application the competent
authorities of discretionary powers (Association agreement between the
European Union and Ukraine, 2014). This condition is applied to health
issues (Part 6 of Article 104 of the Agreement (Law of Ukraine, 2014).
The methodological approach to determining the principles of proper
procedures for the provision of administrative services in the eld of health
care involves conducting a study using the methodology, from the general
to the specic approach, which ensures the formation of non-conictual
statements about the principles built on democratic European values
(Gordadze et al., 2018).
The selection of the principles of the proper procedure for providing
administrative services in the healthcare sector is based on the
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Principles of Proper Procedure Formation for the Provision of Administrative Services in the
Field of Health Care
systematization of scientic approaches regarding the essence of the
administrative procedure. Thus, scientists consider the administrative
procedure as the administrative and procedural form of positive
administrative activity (Mykolenko, 2010); the statutory sequence of
purposeful and consecutive actions for the consideration and resolution
of administrative affairs (Lagoda, 2007); a purposeful activity of
administrative bodies regarding the provision of administrative services,
the adoption of administrative acts, the conclusion of agreements (Lagoda,
2007; Shemshuchenko et al., 2010); a part of the process as an independent
integral entity (Kuzmenko, 2004).
To solve the problem of developing the principles of the proper
procedure for administrative services provision in the healthcare sector,
a non-conictual approach is required among researchers: the approach
which considers the purposeful, consistent nature of the administrative
procedure. In addition, the selection of the principles of the proper
procedure should be based on the scientic investigations devoted to the
principles of law. However, there is no consensus of scientic opinion
about the list of principles of law and principles of administrative law, as
well as there are different opinions in dening the principles of proper
administrative procedure in its general meaning and taking into account
the subject of scientic analysis (Guliyev et al., 2018; Guliyev et al., 2017).
The aforementioned points allow taking into account the achievements
of other scholars, but at the same time, they require drawing independent
conclusions about determining the principles of the proper procedure
for the provision of administrative services in the healthcare sector. The
purpose of the study is to substantiate and determine the principles of
proper procedure formation for providing administrative services in the
eld of health care.
1. Analysis of general legal principles of administrative
services in the healthcare
Researchers fairly emphasize such concept as legal awareness among
the sources of modern understanding of the principles of the law. They
indicate the connection between certain legal ideas, the notions in the
consciousness of the members of society and regularities of formation
of the appropriate society, which, in turn, get legal consolidation. Under
such circumstances, the principles of law appear to be certain legal ideas,
notions about the regularities of development of the particular society at a
certain stage of social development and are xed in the consciousness of
the members of this society. Thus, it is possible to specify the spontaneity of
the transformation of the principles of legal awareness into the principles
of law.
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In this aspect I.P. Bakhnovska (2011) points out that the principles of
law contribute to the creation of the impression of legal imperatives, respect
for the law, and are the condition for their recognition by the majority of
society, as well as the recognition of the authority of legal regulation.
The investigation into the modern scientic works dening the principles
of law has shown the absence of a unied sense of this category. In spite
of the unity of the idea of understanding the essence of the principles as
certain ideas xed in the norms of positive law, it is possible to trace the
ambiguity of scientic positions about such dening characteristics of the
principles of law as their features, sphere of action, the way of inuence on
the regulation of social relations, etc. This complicates the formulation of
the theoretical basis for further study of the principles of law, including the
sphere under investigation.
However, the understanding of the principle of law in the juridical
sciences, in the eld of administrative law, is relatively stable. Today,
the category of principle in administrative law is widely investigated.
Scientic investigations in the indicated eld, as a rule, follow the general
approach to understanding the principle of a fundamental, constitutional,
increasing rule that characterizes the content of the administrative
law, reects the regularities of development of the eld and denes the
directions and mechanisms of administrative and legal regulation of social
relations (Averyanov, 2007).
Another starting point for this study is the notion of the proper
procedure for administrative service provision. The state of scientic
development of this concept, in particular about the medical sector, cannot
be considered complete today. It is possible to point out the investigations
into the administrative procedures in general without proper consideration
of the peculiarities of specic areas they are applied, or the provision of
administrative services in certain areas of public life or by certain entities:
the provision of these services by local government (Dembitska, 2010),
public order police (Legeza, 2011), administrative services in the public
nance management (Obolensky and Gorbatyuk, 2013) and others where
the particular problems of administrative procedures for their provision
are analyzed. Among the PhD theses devoted to the general issues of the
procedures for providing administrative services, O.K. Turkova’s study
(2013) is worth mentioning.
The topicality of the problem of selecting the principles of the proper
procedure for providing administrative services in the health care is also
caused by the inconsistency of the legislative norms on the determination of
the principles of activity of public authorities for providing administrative
services. According to Article 4 of the Law of Ukraine (2013) “On
Administrative Services”, the rule of law together with the legality and
legal certainty take the rst place among the principles of state policy
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Iryna M. Sopilko, Roza M. Vinetska, Nataliia B. Novytska y Oleksandr Lyubchik
Principles of Proper Procedure Formation for the Provision of Administrative Services in the
Field of Health Care
on the provision of administrative services. Such principles also include
stability, equality before the law, openness and transparency, efciency and
timeliness, availability of information and at the same time personal data
security, optimal document ow, justice, and accessibility (Law of Ukraine,
2013).
Recognizing the approving denition of the rule of law in this area at the
legislative level, one can point out at the same time the progressiveness of the
approach to indicating the principles of legality and legal certainty precisely
in the interconnection (Sopilko et al., 2019). Thus, the requirement of part
2 of Article 19 of the Constitution of Ukraine (1996) regarding the obligation
of the subject of public authority to act exclusively within the limits dened
by law can be properly carried out only in the light of the requirements of
legal certainty, which provide clarity, predictability in the performance of
their activities, applying the specied regulatory provisions.
In other words, the requirement of legal certainty complements the
principle of legality regarding the activities of an entity of public authority.
Such a legislative approach fully considers the specics of the provision of
administrative services as such, which creates conditions for the realization
of individual rights and freedoms. On the other hand, it is possible to point
out that the sequence of the legislator in dening these principles in the
Law of Ukraine “About administrative services” was not fully preserved
when building industry legislation dening features of the provision of
administrative services in certain cases.
Thus, within the framework of elaboration of the principles of the
administrative services provision in the eld of health care, it is appropriate
to take into account specic principles to which it is necessary to include
those, which are dened in the Law of Ukraine (2005) “About authorization
system in the eld of economic activity” No. 2806-IV and the Law of
Ukraine (2015) “About licensing of types of economic activity” No. 222-
VIII. Taking into account the fact that both laws concern the grounds, limits
and procedures for the activities of authorized entities in the same eld –
the eld of economic activity.
In Art. 3 of the Law of Ukraine “About authorization system in the eld
of economic activity” the following principles of the state policy on the
authorization system in the eld of economic activity are specied:
1) Protection of subjective rights, the legitimate interests of society,
territorial communities, individuals, the lives of individuals,
environmental protection, state security.
2) The development of competition;
3) the transparency of the procedure for authorization issuing.
4) Compliance with the requirements regarding equality of rights of
economic entities when authorization issuing.
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5) The responsibility of service and ofcials of authorization authorities,
of administrators and economic entities in connection with violations
of the requirements of the law for authorization issuing.
6) Reducing the degree of state regulation of economic activity;
7) the denition of unied requirements regarding the procedure for
authorization issuing (Law of Ukraine, 2005).
Article 3 of the Law of Ukraine “About licensing of types of economic
activity” identies the following principles of state policy on licensing:
1) Unied state licensing system.
2) Territoriality.
3) Legality.
4) The priority of protecting the rights, legitimate interests, human life
and health, the natural environment, protecting the limited resources
of the state and ensuring the security of the state.
5) Equality of rights of business entities.
6) Openness of the licensing process (Law of Ukraine, 2015).
By comparing the list of principles cited in these laws, it can be stated
that they regulate activities of a similar nature. Under such circumstances,
the norms of the Law of Ukraine “About administrative services” should
be determined general with respect to the norms of the Law of Ukraine
“About authorization system in the eld of economic activity” and the Law
of Ukraine “About licensing of types of economic activity”. However, theses
on this ratio have not found a sufcient level of scientic analysis in the
pages of scientic literature yet. Proceeding from the above, as a basic
concept for further research, principles in law can be dened as certain
initial principles, ideas according to which a certain system should be built.
This meaning can be considered decisive in relation to the further study
of the principles of proper procedure for the provision of administrative
services in the eld of health care.
2. Features of the concept of public administration
The next level of scientic synthesis is the theoretical position on the
denition of the system of principles of administrative services provision
in the eld of health care. Among the scientic works devoted to the
problems of determining the principles of activity of power entities, we can
distinguish the work of Koliushko and Tymoshchuk (2006), which highlight
the principles of activity of public administration entities:
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Iryna M. Sopilko, Roza M. Vinetska, Nataliia B. Novytska y Oleksandr Lyubchik
Principles of Proper Procedure Formation for the Provision of Administrative Services in the
Field of Health Care
1) The rule of law, which is the priority of rights and freedoms of a person
and a citizen, the basis of humanism and justice in the functioning of
individual of public authority.
2) The legality, which is the functioning of the specied individual in
accordance with the powers, and in accordance with the procedure
provided by law.
3) Openness, which is public disclosure and transparency of data on
the functioning and decisions of public administration entity, the
provision of public information at the request of a private person.
4) Proportionality that is imperative regarding limiting the decisions of
public authority entity by the goals to be achieved, the circumstances
of their receipt, as well as the obligations of the public authority to
take into account the results of their own decisions, actions, inaction.
5) Efciency, that is the duty of the public authority to achieve the
desired results in the implementation of their tasks, while using
public potential economically.
6) Accountability, which is the inseparability of internal and external
control over the functioning of the public authority, including the
judiciary one.
7) Responsibility, that is the obligation of the of public authority to
experience legal responsibility in connection with the decisions,
actions, inaction. This concept takes into account relevant current
trends (in particular, regarding the denition of the principle of
the rule of law by a key operating principle), the provision for these
principles is not contradictory, the concept is consistent with the law
on administrative services provision. In addition, this concept can
serve as a basis for the study of certain features of the of administrative
services provision in the area under study (Pogosyan et al., 2018;
Pogosyan et al., 2019).
In particular, the understanding of the principle of legality, proposed
by the authors, adequately corresponds to the key provision on the
inadmissibility of undue intervention of a public authority in medical
services provision, the creation of articial obstacles in the implementation
of relevant activities. On the other hand, such basis as information openness
on administrative services provision is important to ensure the quality of
the health care provision. Therefore, the concept formulated by Koliushko
and Tymoshchuk (2006) is considered as the basis for further research.
The concept of public administration reforming provides progressive
principles of its functioning: rule of law, legality, openness, impartiality,
proportionality, and others (The Concept of Reforming Public
Administration, 2020). However, some scholar’s express proposals for the
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adding such principles as: democracy, professional competence, planning
(Kravtsova and Solonnar, 2010), which truly reect modern key priorities
in the activity of public authority.
Petovka’s (2014) research is dened another subject. The scientist
highlights the principles of the quality management system among the
executive authorities by provoking the administrative services in particular
areas. These principles determine: the balance of public interests and
the interests of the recipient of the service; streamlined procedures for
the provision of administrative services; proper stafng for the provision
of these services; the administrative services provision based on the
requirements of the principle of legality; detailed regulation in legislative
procedures for the administrative services provision; the systematic nature
of the management approach to the administrative services provision;
the constant nature of improving the quality of these services; making
decisions, actions based on facts.
The combination of general and special principles for the administrative
services provision in the study of Petovka (2014) makes it possible to
distinguish internal and external aspects of their provision. This makes it
possible to single out the internal and external aspects of the functioning
of the subject of administrative services provision, and also to point out
the possibility of identifying a common denominator in the perception of
legal relations in the administrative services provision, regardless of the
scope of their provision, educational or other activities. Taking into account
the administrative services provision in general and in the eld of health
care in particular, it is possible to point out their common basis – these
are external public service relations that reect the relationship of a public
authority and a private person on public services provision. Petovka’s (2014)
position deserves support, as the principles reect the regularities of both
the interaction of the public authority with the recipient of public services
and the internal activity of the individual of public authority regarding its
provision.
The characteristic of relations in the provision of administrative services
in general and in the health care eld as a public service, actualizes the
issue of introducing the experience of the countries of the European Union,
The USA, The UK regarding e-government, which guarantees accessibility,
transparency, efciency of procedures, including licensing. The experience
of Germany and Poland indicates the effectiveness of the implementation
of the model of a single ofce for citizens (Holovaty, 2008). In Ukraine,
there are Centers for the provision of administrative services, in accordance
with the Law of Ukraine “About administrative services”, Resolution of
the Cabinet of Ministers of Ukraine (2013) No. 118 “About approval of the
model provision for the administrative services center”.
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Principles of Proper Procedure Formation for the Provision of Administrative Services in the
Field of Health Care
The Single Window Administrative Services Center operates in the
Ministry of Health of Ukraine, but the issue of further implementing the
e-government system in terms of licensing in the health care eld as one
of the types of administrative services requires further solutions at both
the regulatory and organizational levels. This refers to the possibility
of information interaction with the centers providing administrative
services that are already functioning, to approach the recipient of the
service, ensuring accessibility. However, it should be also pointed out, the
expediency of introducing procedures that guarantee the awareness of the
recipient of the service at the stage of its provision. This proposal is aimed
at improving the procedures for the provision of administrative services in
the eld of health care with a view to their further implementation based
on such principles as ensuring efciency, approaching the recipient of the
service, operability, effectiveness and transparency.
3. Specics of legal regulation of administrative services
Returning to the previously listed positions expressed by Koliushko
and Tymoshchuk (2006), considering the specics of the administrative
services provision in the eld 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, rst – when providing administrative
services. On the other hand, the allocation of certain principles is seen to
be quite controversial. Specied above applies to such a principle as the
efciency 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, it is necessary to talk about the need to provide an administrative
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 eld of health care. The above-mentioned point may be characterized
as a determining characteristic of the activity of the specied entity, but it
provides for proper implementation of the other principles of its activity.
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The logic of this study, the specic scope of its subject determines
the need for attention to such principles, identied 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 denition 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 specic 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
unied 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 eld of economic activity in medical
practice subjected to licensing. This legal act stipulates not only the actual
denition 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 dened as the duty of public authority
to incur legal liability in connection with the executed decisions, actions,
inactivity. However, its denition is not justied, 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 dening the principles of the activities of
public authorities and generalizing existing scientic 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 efciency should
be considered in the general context of the activity of public authorities
in the eld of health care. Such principles as impartiality, legal certainty,
and transparency have a signicant 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
eld.
In spite of the above-mentioned inexpediency of a separate denition 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
410
Iryna M. Sopilko, Roza M. Vinetska, Nataliia B. Novytska y Oleksandr Lyubchik
Principles of Proper Procedure Formation for the Provision of Administrative Services in the
Field of Health Care
of public life, the compliance of the entity of public authority with specied
criterion may be the basis for recognizing its activities as effective (despite
the conditional nature of this method of determining efciency).
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 specied 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 denition 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 eld 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 eld of health care is the
principles of the functioning of public authorities in 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 eld of health care), should be dened 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
denite 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 scientic 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
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Vol. 39 Nº 68 (Enero - Junio 2021): 400-414
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 dened 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 eld 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
eld 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 eld 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 eld 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.
Bibliographic References
ALLALYEV, Ruslan. 2019. “Religious origins of the rule of law conception in the
United States” In: Amazonia Investiga. Vol. 7, No. 14, pp. 212-217.
ASSOCIATION AGREEMENT BETWEEN THE EUROPEAN UNION AND
UKRAINE. 2014. Available online. In: https://trade.ec.europa.eu/
doclib/docs/2016/november/tradoc_155103.pdf. Consultation date:
18/06/2020.
AVERYANOV, Vadym Bohdanovych. 2007. Administrative law of Ukraine.
Yurydychna Dumka. Kyiv, Ukraine (In Ukrainian).
412
Iryna M. Sopilko, Roza M. Vinetska, Nataliia B. Novytska y Oleksandr Lyubchik
Principles of Proper Procedure Formation for the Provision of Administrative Services in the
Field of Health Care
AVTONOMOVA, Svetlana; KUTYRKINA, Lyudmila; FEDYUNIN, Dmitry;
BEZPALOV, Valery; LOCHAN, Sergey. 2019. “GR in the university
brand-communications system” In: Amazonia Investiga. Vol. 8, No. 19,
pp. 173-178.
BAKHNOVSKA, Iryna Petrivna. 2011. Fundamental principles of law as
an integrative element of the legal system of Ukraine. National Law
Academy of Ukraine named after Yaroslav the Wise. Kharkiv, Ukraine.
DEMBITSKA, Susanna Leonidivna. 2010. Legal principles of activity on
provision of administrative services to the population of Ukraine by local
self-government bodies: thesis of the candidate of Law Sciences. State
University of Internal Affairs. Lviv, Ukraine.
GORDADZE, Guram; KERIMOV, Vagif; GIRUTS, Maksym; POSHIBAEVA,
Alexandra; KOSHELEV, Vladimir. 2018. “Genesis of the asphaltite of the
Ivanovskoe eld in the Orenburg region, Russia” In: Fuel. Vol. 216, pp.
835-842.
GULIYEV, Ibrahim; KERIMOV, Vagif; MUSTAEV, Rustam; BONDAREV,
Andrey. 2018. “The estimation of the generation potential of the low
permeable shale strata of the Maikop Caucasian series” In: Socar
Proceedings. No. 1, pp. 4-20.
GULIYEV, Ibrahim; KERIMOV, Vagif; OSIPOV, Alexander; MUSTAEV,
Rustam. 2017. “Generation and accumulation of hydrocarbons at great
depths under the earth’s crust” In: Socar Proceedings. No. 1, pp. 4-16.
HOLOVATY, Serhiy. 2008. The rule of law: Idea, doctrine, principle: thesis of
the candidate of Law Sciences. Institute of Legislation of the Verkhovna
Rada of Ukraine. Kyiv, Ukraine.
KOLIUSHKO, Ihor; TYMOSHCHUK, Viktor. 2006. Effective public
administration (directory for ministers). Centre for Political and Legal
Reforms. Kyiv, Ukraine.
KRAVTSOVA, Tetyana Mykolayivna; SOLONNAR, Andriy Viktorovych.
2010. “Concepts and principles of the activity of public administration”
In: Forum of Law. Vol. 4, pp. 522-525.
KUZMENKO, Oksana Volodymyrivna. 2004. Processal categories of
administrative law. Lviv: JSC Lviv Book Factory “Atlas”. Kiev, Ukraine
(In Ukrainian).
LAGODA, Oleksandr Serhiyovych. 2007. Administrative procedure: Theory
and practice of application. Irpin: National University of State Tax
Administration of Ukraine. Kiev, Ukraine.
413
CUESTIONES POLÍTICAS
Vol. 39 Nº 68 (Enero - Junio 2021): 400-414
LAW OF UKRAINE. 2005. About authorization system in the eld of economic
activity, No. 2806-IV. Available online. In: https://cis-legislation.com/
document.fwx?rgn=10251. Consultation date: 20/06/2020.
LAW OF UKRAINE. 2013. On Administrative Services, No. 5203-VI. Available
online. In: https://zakon.rada.gov.ua/laws/show/5203-17#Text.
Consultation date: 17/06/2020.
LAW OF UKRAINE. 2014. On the ratication of the Association Agreement
between Ukraine, of the one part, and the European Union, the European
Atomic Energy Community and their Member States, of the other part,
No. 1678-VII. Available online. In: https://zakon.rada.gov.ua/laws/
show/1678-18#Text. Consultation date: 21/06/2020.
LAW OF UKRAINE. 2015. About licensing of types of economic activity,
No. 222-VIII. Available online. In: https://zakon.rada.gov.ua/laws/
show/222-19#Text. Consultation date: 22/06/2020.
LEGEZA, Yevhen Oleksandrovych. 2011. Administrative services provided
by public safety police: thesis of the candidate of Law Sciences.
Dnipropetrovsk State University of Internal Affairs. Dnipropetrovsk,
Ukraine.
MYKOLENKO, Oleksandr Ivanovych. 2010. Theory of administrative
procedural law. Burkina. Kharkiv, Ukraine (In Ukrainian).
OBOLENSKY, Oleksiy Yuriyovych; GORBATYUK, Vasyl Ivanovych. 2013.
“Administrative services in the eld of public nance management”.
In: Public Administration: Theory and Practice. Vol. 1. Available online.
In: http://academy.gov.ua/ej/ej17/PDF/18.pdf. Consultation date:
15/06/2020.
ORDER OF THE MINISTRY OF HEALTH OF UKRAINE. 2017. On approval of
a unied form of an act drawn up on the basis of a planned (unscheduled)
measure of state supervision (control) regarding compliance by the
business entity with the requirements of legislation in the eld of
economic activity in medical practice subject to licensing, No. 1366.
Available online. In: https://zakon.rada.gov.ua/laws/show/z1445-
17#Text. Consultation date: 15/06/2020.
PETOVKA, Vasyl Vasylovych. 2014. Providing administrative services in
Ukraine: Theory and practice. Logos. Kyiv, Ukraine.
POGOSYAN, Vardhes. 2018. “Philosophies of social behavior research: meta-
analytic review” In: Wisdom. Vol. 11, No. 2, pp. 85-92.
414
Iryna M. Sopilko, Roza M. Vinetska, Nataliia B. Novytska y Oleksandr Lyubchik
Principles of Proper Procedure Formation for the Provision of Administrative Services in the
Field of Health Care
POGOSYAN, Vardhes. 2019. “Change and variability of phenomena in complex
social systems” In: Wisdom. Vol. 13, No. 2, pp. 95-103.
RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE. 2013. About
approval of the Approximate regulations on the center of provision
of administrative services, No. 118. Available online. In: https://
cis-legislation.com/document.fwx?rgn=58279. Consultation date:
19/06/2020.
SHEMSHUCHENKO, Yuriy Serhiyovych; AVERYANOV, Vadym Borysovych;
ANDRIYKO, Olha Fedorivna; KRESINA, Iryna Andriivna;
NAHREBELNYY, Volodymyr Petrovych. 2010. Democratic principles of
public administration and administrative law. Yurydychna Dumka. Kyiv,
Ukraine (In Ukrainian).
SOPILKO, Iryna; YULDASHEV, Serhiy; VINETSKA, Roza. 2019. “The
principles of proper procedure formation for the provision of
administrative services in the eld of health care” In: International
Journal of Advanced Biotechnology and Research. No. Special,
Issue-1, pp. 446-455.
THE CONCEPT OF REFORMING PUBLIC ADMINISTRATION. 2020.
Available online. In: http://www.pravo.org.ua/les/stat/Concept_
public_administration.pdf. Consultation date: 19/06/2020.
THE CONSTITUTION OF UKRAINE. 1996. Available online. In: http://
extwprlegs1.fao.org/docs/pdf/ukr127467E.pdf. Consultation
date: 14/06/2020.
TURKOVA, Oksana Kostyantynivna. 2017. Legal nature of procedures for the
provision of administrative services in Ukraine: thesis of the candidate of
Law Sciences. National Law Academy of Ukraine named after Yaroslav
the Wise. Kharkiv, Ukraine.
www.luz.edu.ve
www.serbi.luz.edu.ve
www.produccioncienticaluz.org
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