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Legality of obtainment of license exclusively by the chief physician

Getting a ready form of a medical license

It is a long-term and demanding process to get a medical practice. The licensing state body is located in Kyiv so a lot of companies prefer to cooperate with it through authorized person. It will save their time. This right is defined by the Article 10 of the Law of Ukraine “On licensing some types of activity”. But sometimes despite the fact that all difficulties are behind and you have just to get a license, authorized person may receive a refusal because only head of company can get it by himself.

This position of the Ministry of Health of Ukraine doesn’t have any legal confirmation.

According to the Article 238 of the Civil Code of Ukraine authorized person has a right to do actions of person which is represented by him. Licensee has a right to get a ready form of a license then his authorized person also has the same right (if it is regulated by the power of attorney).

Getting a ready form of a license by the power of attorney doesn’t contradict to the Article 238 of the Civil Code. It is not an agreement which may be conducted only by person which is represented. It is not related to the law, to the content of agreement as in the case of submitting application about taking legacy (the Article 1269 of the Civil Code) or in a case of  marriage (the Article 34 of the Family Code of Ukraine).

This situation also isn’t regulated by the Article 238.3 of the civil Code because the procedure of getting a license conducts not for interests of authorized person or another person who are represented by him at the same time.

According to all these matters we can make a conclusion that requirements of the Ministry of Health of Ukraine are just whims. But we have to keep in mind these whims.

Licensees should remember these rules:

  • Individuals can get a license if they bring their passport;
  • There is a wider list of person who can represent legal entities. It is a head of it or a chief doctor. A chief doctor is a person which is mentioned in the required documents for a medical license. Getting of a license is possible with a passport;
  • Big medical institutions can get a license through the deputies of chief doctors. These persons must be mentioned in the required documents for a medical license, have a power of attorney from an institutions and their passports.
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