Conflicts of interest in healthcare: Legal problems and prospects of improvement

Abstract

Aim: To study the problems of the legal regulation of conflicts of interest in the healthcare field in Ukraine and to propose directions for improving national legislation. Materials and Methods: The methods of theoretical analysis, system-analytical, and comparative-legal methods provided us with the opportunity to characterise the features of the legal regulation of preventing conflicts of interest in the area under study. Results: It is proposed to amend anti-corruption medical legislation on issues of conflict of interest in the healthcare sector. In particular, the need to introduce into legislative circulation the category and its interpretation of “conflict of interest in the healthcare sector” and “imaginary conflict of interest in the healthcare sector” is indicated. It is also proposed to introduce, at the legislative level, both oral and written forms of notification of conflict of interest, and to separately determine the procedure for electronic notification in this area. Additionally, a special register of notifications of conflict of interest in the area under study should be created. Conclusions: An unresolved conflict of interest in the healthcare sector may indirectly limit the exercise of a person’s right to healthca.