Corruption and Regulatory Compliance in International Trade of Medical Services: An International Law Perspective with a Case Study of Kazakhstan

Abstract

In recent decades, cross-border trade of medical services has expanded more than ever, and alongside it, the trade has presented some unique challenges and opportunities for the global health care system. Among the challenges, trade regulations, corruption, and inequity of access to health care services present some of the greatest obstacles from a jurisdictional, ethical, and legal perspective. This study analyzes the impact of corruption on the international trade of medical services and the maintenance of regulatory compliance from international legal instruments on Kazakhstan. In the Central Asia, there are almost no studies that attempt to holistically analyze the peculiarities of corruption in health care system on the cross-border medical trade, and the systemic void in trade compliance, while there are more than enough studies regarding the individual branches of the challenges. The gap in regulations and compliance mechanisms will be identified through doc-qualitative method, including the analysis of the national legal documents, international legal treaties, and policy documents. In Kazakhstan’s legal order there are some foundational and elemental legal regulations in some of the branches of law, however, the lack of effective implementation, the lack of transparency, and legal voids relating to the enforcement mechanism of laws, corruption will continue to exist, negatively impacting the quality of health care services, vulnerable foreign investments, and the paradox of international relations. This points to the need for more legal instruments, more legal regulations, and to bring domestic laws in line with international legal standards. hese insights are relevant not only for Kazakhstan but also for other Central Asian states seeking to enhance integrity and compliance in the international medical services market.