LEGAL REGULATION OF PUBLIC-PRIVATE PARTNERSHIP IN THE HEALTHCARE

Abstract

 The article analyzed the scientific literature related to the issues of regulatory and legal regulation of public-private partnership implementation. As a result of the analysis, it should be noted that national scientists who have researched the legal aspects of the implementation of public-private partnership projects in various spheres of socio-economic relations indicate that public-private partnerships are a fairly new phenomenon in the field of legal relations. The study identified the need to regulate the relationship between participants and consumers of public services, which are implemented through an appropriate form of public-private partnership and ensure appropriate public effect for the state and economic effect for the enterprise, which is a private partner. The legal mechanism and legal regulation of the implementation of public-private partnership projects has its own specificity in the field of health care, because it is implemented in the strategically important sphere of public administration, whose main purpose is to ensure the health of the nation. In the course of the research, different branches of law and the directions of their classification were analyzed, as a result it should be noted that the legal regulation of public-private partnership is not regulated by one branch of law. This situation is connected with the fact that the sphere of legal regulation does not fall within a certain branch, it is caused by the combination of different spheres and types of social relations. As a result of this research, a model of identification of legal regulation of public-private partnership in different branches of law was formed and their characterization was given in the context of their influence on the order of formation and implementation of public-private partnership projects in the field of health care in different forms of their implementation. In the next phase of the study, the regulatory acts governing public-private partnership issues were analyzed. The regulation of public-private partnerships in the field of health care was divided into the following groups of legislation: fundamental, special, economic, sectoral. In accordance with these groups of legislation, legal acts were defined. Analyzing the components of the regulatory framework for the formation and implementation of public-private partnership projects, its features were identified. After analyzing the works of scientists on improving the regulation of public-private partnership, the directions of improvement of the legal mechanism of public administration in the sphere of health care, implemented through public-private partnership, were identified.

Keywords: public administration, public-private partnership, legal regulation, health care, legal mechanism.