REGULATORY REGULATION OF THE HEALTHCARE SYSTEM AT THE LEGISLATIVE LEVELS IN AN EMERGENCY
DOI:
https://doi.org/10.52026/2788-5291_2023_74_3_59Keywords:
legal regulation, health care, COVID-19, pandemic, emergency, state of emergency,, sanitary and epidemiological well-beingAbstract
The article examines the problems of organizing the health care system in the Republic of Kazakhstan in the context of a pandemic of coronavirus infection and other infectious diseases. Based on general and special scientific methods, the discourse of the legal regulation of the health care system in a pandemic is presented. The coronavirus factor has exacerbated the need to legitimize the transformation of the legal regulation of public relations in a pandemic, since the current regulatory framework has demonstrated the imperfection of the legal mechanisms responsible for ensuring the regulation of health systems. The effective use of legal mechanisms depends on the level of democracy of the legislative framework based on international legal and constitutional principles.
The main scientific hypotheses of the study justify the problems of the health care system that require regulatory solutions at the managerial and legislative levels in emergency situations. The legislation of the Republic of Kazakhstan on the state of emergency, on the sanitary and epidemiological well-being of the population was analyzed. It was revealed that there is no direct connection between the norms of legislation on the sanitary and epidemiological well-being of the population and the norms of legislation on the state of emergency in terms of direct indication of the possibility of applying measures and implementing the requirements of a sanitary and epidemiological nature in emergency situations. It was concluded that the decisive role of law as a universal regulator of public relations during the spread of coronavirus infection is justified; the need to use the resources of law in the prevention of pandemics in the future is justified. The national health care system of Kazakhstan, as well as the system of public administration as a whole, has demonstrated the inability to ensure a timely response to challenges and threats by creating subordinate legislation in pursuance of legislative acts has led to negative results. This circumstance is the basis for taking measures to create an effective set of measures for the legal regulation of public relations in an emergency.