CONCEPT OF AGREEMENT FOR COMMUTATIVE MEDICAL SERVICES PROVISION AND ITS CHARACTERISTICS

Due to the rapid development of entrepreneurial relations in RA, specifically considering the development of the medical services market, effective legal regulation can be applied through setting parties’ behavior in the agreement for commutative medical services provision. This agreement is currently the main official document intended to stipulate the rights and obligations, regulate the civil-law relations between the medical institution (doctor) and the patient, and also serve as an instrument for protecting the rights of the parties in obtaining and providing medical services on commutative basis. Moreover, in the present conditions of dynamic progress in area of medical services, the consolidation of conditions for the provision of the latter is a priority task on the way of protecting the rights of both the customer and the provider of services, who appears to be in identically vulnerable situation in the frames of considered legal relationships. Thus, considered agreement with the determination and consolidation of both the fundamental rights of the parties, on the basis of international treaties and local legislation, and the specific rights and obligations of the parties arising from the nature of the service provided, requires special attention and continuous development, to match the trend of the medical services market with its constantly modifiable needs. This article discloses the concept of the latter and defines main characteristics of the considered agreement. The article contains legislative proposals on the consolidation of the concepts “medical service” and “agreement for commutative medical services provision” at the legislative level in RA.