RESUMO
OBJECTIVE: The aim of the article is to stimulate discussions about the necessity to improve the legal regulations that guarantee a proper public health policy, as well as to determine the balance between the level of restrictions that may be imposed by State in order to protect both, the public interest of health and the economic development. PATIENTS AND METHODS: Materials and methods: National legislation of Ukraine, United Kingdom and France on public health and health policy, case law of these countries, including high court decisions were used for dialectical, comparative, synthetic and systemic analyses. CONCLUSION: Conclusions: As the legality of government officials' actions principle is a fundamental constitutional principle in most European countries, states must establish such legal provisions to avoid short-term and long-term conflicts when the rights of individuals and legal entities are being restricted. At the legislative level, it is necessary to adopt transparent rules to attract private funding to the health sector. Development of the e-health and telemedicine systems could be boosted through the use of public-private partnership tools.
