ADMINISTRATIVE LIABILITY AS A LEGAL MECHANISM ENSURING HEALTH CARE IN UKRAINE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 79)Publication Date: 2024-09-30
Authors : Svitlychnyy Oleksandr; Pravylo Oleksandr;
Page : 22-27
Keywords : health care; administrative responsibility; authorities; violation; legislation; improvement;
Abstract
The article is devoted to the consideration of problems related to the application of administrative responsibility for violations of legislation in the field of health care. The study highlights that in the health care system of Ukraine, a significant part is occupied by the norms of administrative law. The article emphasizes that in the absence of a legislative definition of the concept of “administrative responsibility”, existing definitions of this concept in the legal literature are highlighted through the prism of its main characteristics. Attention is drawn to the existing shortcomings of the sub-department of cases on administrative offenses, ways of their elimination are suggested. Therefore, the authors of the article set the goal of revealing the peculiarities of the activities of executive authorities, courts, and other public authorities, which, according to the provisions of the Code of Ukraine on administrative offenses, are authorized to consider cases for violations of legislation in the field of health care. The scientific work examines part of the important aspects of the role of public authorities in the application of measures of administrative responsibility. The study focuses on the legal analysis of administrative torts for violation of legislation in the field of health care, attention is drawn to certain shortcomings of the legislative regulation of relations in the field of health care. The article contributes to the understanding of the role of administrative responsibility for violations of legislation in the field of health care, which, along with other types of legal responsibility, plays an important role in the field of health care of citizens. The conclusions of the work can be used in the scientific law-enforcement activities of authorized subjects of public authorities regarding the sub-department of cases on administrative offenses and bringing a person to administrative responsibility. Goal. The purpose of the study is a legal analysis of administrative offenses for violation of legislation in the field of health care. Materials and methods. The materials of the study are the legislative regulation of relations in the sphere of health care of Ukraine, the work of domestic legal scholars, who in their works investigated the issue of administrative offenses and administrative responsibility. In the process of carrying out the research, a set of general and special methods of scientific knowledge were used: dialectical, complex, structural-functional, formal-legal methods, methods of legal forecasting and documentary analysis. The results. The shortcomings of the sub-department of cases on administrative offenses for violation of legislation in the field of health care, contained in the Code of Administrative Offenses, have been studied and analyzed. In order to eliminate the identified shortcomings, it is proposed to make appropriate changes to the Code of Administrative Offenses. The author's definition of the concept of “administrative responsibility for violation of legislation in the field of health care” is provided. Prospects. In further scientific research, other problems of administrative offenses for violations of legislation in the field of health care and prospects for their solution will be determined, with the aim of improving relations with the activities of public authorities in the field of health care of Ukraine.
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