LEGAL NATURE AND FEATURES OF DOMESTIC MEDICAL AND HEALTH TOURISM

Abstract

This scientific article is devoted to clarifying the peculiarities of legal
regulation of domestic medical and health tourism in Ukraine. Scientific
approaches to the legal regulation of medical tourism are examined, and the
provisions of current legislation in the field of tourism, health care and resort
business, which determine the legal basis for the activities of sanatorium and
resort establishments providing medical and health services, are analysed.
The author proposes a definition of domestic medical and health tourism as
the provision of medical, health, rehabilitation and/or recreational services to
individuals on the basis of a civil law contract in sanatorium and resort
establishments in Ukraine. The peculiarities of the legal regulation of domestic
medical and health tourism are identified, as well as the peculiarities of the legal
status of sanatorium and resort establishments that can operate in the
organisational and legal form of non-commercial enterprises or institutions of
state, communal or private ownership.
It is emphasised that sanatorium and resort establishments must obtain a
licence to carry out economic activities. At the same time, it is pointed out that
there are no special licensing requirements in the legislation for them to carry out
economic activities in the field of medical practice.
The author's vision of a contract for the provision of medical and health
services is formulated, which is proposed to be understood as an agreement
(contract, memorandum) between a sanatorium-resort institution and a natural
or legal person, under which the provider undertakes to provide medical, health,
rehabilitation and/or recreational services to the recipient on a paid, free or
compensated basis. The essential terms of such an agreement are defined, in
particular the subject matter of the agreement with a list of medical and health
services, their quality, cost and term of provision.
The possibility of including terms and conditions for the provision of
medical and health services in a sanatorium-resort facility in a tourist service
agreement between a client and a tour operator is justified. A proposal has been
made to improve the regulatory framework by developing and approving
licensing conditions for the provision of such services, as well as by legislating the
terms of the relevant agreement in the Law of Ukraine ‘On Resorts’ or the Law of
Ukraine ‘On Tourism’. Prospects for further research in the field of legal support
for domestic medical and health tourism have been identified.