On the legal nature of contracts in the system of compulsory health insurance from the point of view of practical enforcement
The legal research presented in this article discusses the legal nature of contracts in compulsory health insurance for the provision and payment of medical assistance between an insurance organization and a medical organization, on financial security between an insurance organization and a territorial fund. The differences between compulsory medical insurance from classical insurance in general and from voluntary medical insurance in particular are analyzed in the paper. The dualism of the legal nature of relations arising from the treaties under consideration as civil law and administrative law, as well as the consequences to which this contradiction leads in judicial practice, is revealed. The conclusion is drawn by the authors of the article about the need for rapprochement of insurance medical organizations with classic insurers. The authors of the research presented in this paper conclude that the contracts in the system of compulsory medical insurance are civil law and subject to the regulation of Chapter 39 of the Civil Code of the Russian Federation, as well as possessing some features of public contracts and agreements of accession, however, the administrative regulation applies to some of the legal relations, in particular, the chapter 24 of the Code of Arbitration of Russian Federation.