The Legal Regime of Anti-Crisis Regulation in the Healthcare

Abstract

Introduction. The understanding of crisis situations in many of their varieties, including those affecting the health of the population, is shifting from temporary and exceptional one-time events to long-term processes that pose serious challenges to the rule of law and require an adequate legal response. Under such circumstances, the usual health regulators, designed for the normal state of social relations, turn out to be non-functional. In this regard, the problem of scientific development of a special legal mechanism for anti-crisis management aimed at preventing, ensuring preparedness, effective response and liquidation of the consequences of crisis situations in the healthcare sector is being actualized. Materials and methods. The methodological basу of the study included general scientific (dialectical, logical, systemic, historical, sociological, statistical), and private scientific methods of legal science (formal legal, historical legal and comparative legal). The empirical base of the study was domestic and foreign legal acts, law enforcement practice, and legal doctrine. Results. There were identified and characterized,main features of the legal mechanism of anti-crisis management in the healthcare sector including the interdependence of risks in the healthcare sector and the need for a comprehensive regulatory impact on them, the normalization of anti-crisis regulation of the health of citizens, some dejuridization of the industry, a change in the ratio of individual and public interests, acceleration digitalization and intensification of legal experiments in healthcare. Limitations. Due to the objective novelty of the problem under consideration the study is somewhat limited in terms of reviewing the reports on the relevant topic. Conclusion. In modern conditions of permanent instability, there is a tendency to form the so-called anti-crisis standard for protecting the health of citizens as a special comprehensive intersectoral perpetual legal regime adapted to exceptional threats to the life and health of citizens.