ABUSE OF OFFICIAL POSITION IN THE SPHERE OF HEALTH CARE OF UKRAINE DURING A FULL-SCALE WAR

Abstract

The article thoroughly examines the issues of abuse of power in Ukraine’s healthcare sector through a detailed analysis of current Ukrainian legislation and practical actions by state authorities. It highlights the key problems arising from such abuses, particularly in the context of a fullscale war, where transparency and accountability are critically important. The authors provide a comprehensive definition of “abuse of power” based on Ukrainian legislation, particularly the Criminal Code of Ukraine, and present scientific approaches to describing this concept. The article explores theoretical and practical aspects of the issue, focusing on the operation of medical and social expertise under martial law. It identifies the primary type of fraud during examinations, such as issuing unjustified health assessments to avoid military service or obtain excessive social benefits. Specific examples are included to illustrate the scale of the problem. Particular attention is paid to the legal liability of medical professionals who exploit their positions for personal gain or to benefit third parties. The article details the applicable laws for prosecuting offenders and outlines potential measures to strengthen accountability. Additionally, the paper analyzes the U.S. experience in preventing abuse in the healthcare sector. It lists key U.S. legislative acts, such as the Health Care Fraud and Abuse Control Program, the Stark Law, the Health Insurance Portability and Accountability Act, and the Federal Anti-Kickback Statute. The authors note that strict penalties, a robust system of inspections, and transparency in the U.S. effectively address such problems. Finally, the article briefly outlines the current state of healthcare reform in Ukraine’s medical and social expertise system. The primary focus is on digitalizing all stages of the process to minimize opportunities for abuse. The necessity of reviewing previous MSEC decisions, particularly regarding the establishment of disabilities and allocation of social benefits, is emphasized as a critical step in reforming the system.