Medical service as a civil law category

Authors

  • M.Yu. Prudnikova

DOI:

https://doi.org/10.31489/2023L2/107-115

Keywords:

healthcare, health, object, service, medical service, obligation, contract, patient, service provider

Abstract

The main focus of a developed state is to protect the health of the nation by providing the conditions for its maintenance and restoration. Currently, Kazakhstan has laid an impressive foundation for regulating relations in the field of medical care in the best traditions of world standards; much has been done to ensure the right of citizens to receive quality medical care. However, despite the relative formation of the legal framework for regulating the medical services market, there is still some uncertainty in the civil law regulation of relations that develops regarding the provision of such services. The purpose of the study is to analyze the legal nature of medical services as an object of civil rights. The author considers the specific features, summarizes the main legal features that determine its essence and substantiates their significance. Special attention is paid to the importance of the object features of medical services in the formation of the subject of the contract for the provision of medical services. The study of the nature of medical services as a civil legal category allowed the author to assess the effectiveness of the current norms, summarize a number of legal problems, and justify the relevance of their resolution for the practice of law enforcement. The issues investigated by the author in the article seem relevant in the context of the modernization of healthcare legislation and the constant updating of civil legislation regulating service contracts.

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Published

2023-12-21

Issue

Section

CIVIL LAW, FAMILY LAW AND CIVIL PROCEDURE