Convergence of public and private law as the key trend of legal regulation of public private partnership in healthcare

Public private partnership in healthcare is now one of the most efficient and promising ways to improve the quality of health services and make them available for various strata of society. The institution of public private partnership originated at the interface between public and private law, having some borderline position. The output of this mechanism depends on the level of its legal regulation, the efficiency of which is defined by the balance and the interaction of public and private law tools. Interpenetration of public and private law principles or, in other words, the process of convergence, is crucial in legal regulation of relationships developing at all stages of implementation of public private partnership projects. In speaking of the partnership of state and private sector as part of PPP implementation in health care, it is necessary to take into account special social significance of the relevant projects and, at the same time, equality of entities, their voluntary participation in the PPP project, and hence, the need to take into consideration both partners’ interests. The combination of private and public law principles in the regulation of emerging legal relations definitely impacts the method of legal regulation.