Prevention and settlement of conflicts of interest in health care of Ukraine as an administrative legal institute

Oleкsandr Shevchuk () and Anastasiia Yarova ()
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Oleкsandr Shevchuk: Yaroslav Mudryi National Law University, Kharkiv, Ukraine
Anastasiia Yarova: Department of Administrative Law and Administratively Activities, Yaroslav Mudryi National Law University, Kharkiv, Ukraine

Juridical Tribune - Review of Comparative and International Law, 2022, vol. 12, issue 3, 387-398

Abstract: 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.

Keywords: corruption; conflict of interests in the field of healthcare; legal regulation; legal liability; administrative law institute. (search for similar items in EconPapers)
JEL-codes: K14 K24 (search for similar items in EconPapers)
Date: 2022
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