ANALYSIS OF SIGNIFICANT CONDITIONS OF AGREEMENT FOR COMMUTATIVE MEDICAL SERVICES PROVISION

This article reveals and analyzes the essential terms of the agreement for commutative medical services provision, which is the main official document intended to stipulate the rights and obligations, regulate civil relations between the medical institution (doctor) and the patient, and also serve as an instrument for protecting the rights of the parties while receiving and providing medical care on a fee basis. The analysis was carried out on the basis of a comparison of the provisions of the legislation of the Republic of Armenia and the Russian Federation, on the basis of which some gaps were revealed, supplements were proposed and extrapolated to the market of medical services of the Republic of Armenia. The content of the agreement is a combination of the conditions upon which the parties agree. The agreement in its turn is considered concluded only in case of reaching an agreement on all its essential conditions. In the case of the agreement for commutative medical services provision, the essential conditions are: the subject of the contract, the conditions for obtaining medical services, the quality of services, the term for the provision of services, the procedure for settlements, rights and obligations, and the responsibilities of the parties. In case of disagreement of at least one of the latters, the agreement is considered not concluded and does not give rise to rights and obligations for the parties. In the present conditions of the continuous development of market relations and dynamic progress in the sphere of medical services, the consolidation of these conditions for the provision of medical services is a priority task on the way of ensuring the protection of the rights of both the customer and the service provider, and, consequently, a progressive step towards the development of an effective Healthcare system of the Republic of Armenia and the market of medical services, in particular.