Legal balance between economic competition and economic security of healthcare facilities during relocation

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Abstract
This article examines the legal aspects of ensuring economic competition and economic security for healthcare facilities in the context of their relocation. It analyses the current Ukrainian legislation governing the relocation of healthcare facilities and the formation of a viable network, as well as the regulatory acts that define the procedure for financing healthcare services and exercising state control over the concentration of economic entities. Gaps have been identified in the legal regulation of the balance between the state's interest in ensuring the accessibility of healthcare services and the principles of free competition. The need to improve mechanisms for state control over the concentration of healthcare facilities, taking into account the specific nature of the healthcare market and the state of martial law, has been substantiated. Ways of optimising legal regulation have been proposed with a view to ensuring the economic security of healthcare institutions during their relocation and merger. Particular attention is paid to the system of healthcare funding as a fundamental element in ensuring the economic security of hospitals. The legislative provisions governing the implementation of the state guarantee scheme – which serves as the main financial instrument for both evacuated and local healthcare institutions – are analysed. It is demonstrated that a stable redistribution of capital prevents the bankruptcy of relocated enterprises. Balancing the state's interest in preserving infrastructure with the market principles of free competition requires the immediate resolution of identified legal conflicts.

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