STATE AND LEGAL POLICY IN THE FIELD OF HEALTH PROTECTION UKRAINIAN CITIZENS

Abstract

The article analyzes the evolution and current state of state and legal policy in the healthcare system of Ukraine, viewing human health as a dynamic concept that transcends purely physical dimensions to include mental (psychic) state—a crucial criterion for assessing social quality and policy effectiveness. The primary methodological challenge identified is the need to shift from a fragmentary to a systematic, multidimensional study of health policy, especially given the contradictions inherent in a transitional state undergoing market reforms, globalization, and military aggression.

The research focuses on defining the state and legal policy, identifying its structural elements, and optimizing its implementation to minimize threats to the physical and mental health of Ukrainians, including the impacts of war, internal migration, and resource imbalances. The analysis traces the evolution of healthcare policy models in Ukraine (from the Zemstvo to the Soviet and post-Soviet/modern), highlighting the detrimental effects of institutional borrowings and the shift towards a person-centric project that led to a decline in service quality for the majority and increased social conflict.

The paper argues for the re-establishment of a paternalistic model where the state bears primary responsibility, contrasting this with the liberal-legal paradigm of personal responsibility. It critically examines concepts like the "corporation-state," noting how prioritizing corporate interests over national welfare jeopardizes social policy.

Furthermore, the study addresses the regional dimension of health policy, revealing significant negative factors stemming from the "capital–province" imbalance. These include the lack of material and personnel resources in regions and the functional blurring between central authorities (Ministry of Health, NHSI) and local self-government bodies (UTCs). The author stresses the need for clear demarcation of powers and a revised financing system to ensure the effective operation and restoration of healthcare infrastructure at the local level. International documents like the European Social Charter are examined to frame the state’s obligation to provide health protection.

References

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