ABOUT THE RESPONSIBILITY OF PRIVATE HEALTH ORGANIZATIONS AND THEIR EMPLOYEES FOR VIOLATION OF CONTRACTS AND / OR LEGISLATION
Journal Title: Правовий часопис Донбасу - Year 2018, Vol 65, Issue 4
Abstract
The article is devoted to the study of the application of measures of economic, civil, administrative and criminal responsibility in health care institutions. This article identifies and compares the basis of responsibility, its industry-specific features. It searches for proposals for eliminating terminological inaccuracies and controversial issues in legislation. The work analyzes the individual formulations of offenses and crimes in the field of health. The article states that in order to qualify a crime it is obligatory to determine its composition. Guilt is a mandatory component of the crime. The basis of economic and legal liability and most civil offenses is the fact of the offense without linking the offender’s attitude to it. Therefore, proof of guilt, as well as the presence of guilt, are not mandatory. The same situation exists in violations of civil law. Therefore, the term "guilty person" in Article 80 "Fundamentals of legislation of Ukraine about health care" is incorrect. In the area in which private health facilities operate, there is a significant amount of public relations involving various actors. Therefore, in relation to them, sanctions and measures of responsibility can be applied from different areas of legislation. Among the types of liability the most common are criminal, administrative, civil, economic, legal, property, disciplinary responsibility. The article allows to emphasize corporate responsibility (to denote responsibility in the field of corporate business entities), responsibility in the sphere of foreign economic activity, internal economic responsibility. In order to cover all types of legal liability that can be applied in private healthcare institutions, the article proposes not to supplement the legal norm with other types of liability. On the contrary, it is necessary to remove civil, administrative, criminal liability and leave an indication of legal liability in general. In fact, there is an endowment of this norm with a blanket character.
Authors and Affiliations
Bogdan Derevyanko, Elizabeth Ryzhkova
Keywords
Related Articles
- EP ID EP454004
- DOI 10.32366/2523-4269-2018-65-4-112-122
- Views 131
- Downloads 0
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