Новелізація положень кримінального законодавства України, які передбачають відповідальність за медичні злочини та проступки: проблеми тлумачення та правозастосування
Novelization of the Provisions of the Criminal Legislation of Ukraine, Which Provide for Liability for Medical Crimes and Misdemeanors: Issues of Interpretation and Enforcement

Summary/Abstract: The relevance of the topic is determined by the fact that the problems of criminal law protection of life and health of a person in the field of medical care have always attracted the special attention of scientists, because it is about the most valuable constitutional rights and freedoms of a person. At the same time, the results of the analysis of criminal statistics regarding registered medical crimes and misdemeanors, their subsequent pre-trial investigation and trial give grounds for serious concern. The reasons for the negative investigative and judicial practice are the shortcomings of the legal construction of norms, numerous changes made to the Criminal Code of Ukraine, as well as the high latency of medical offenses. Therefore, the purpose of this work is to study the amendment of the criminal legislation of Ukraine, which provides for responsibility for medical offenses, to identify the shortcomings and advantages of such legislative decisions, as well as to formulate separate recommendations for the enforcement of the provisions of the Criminal Code of Ukraine. Achieving the outlined goal became possible thanks to the use of a complex of methods of scientific knowledge, namely: dialectical, historical, dogmatic, systemic-structural, comparative-legal. With their help, the norms of the Criminal Code of Ukraine, which provide for responsibility for medical offenses and all normative acts amending them, have been singled out. The existing problems of law enforcement of the specified norms are emphasized. A comparison of the regulatory national legislation of Ukraine in the field of medical care and the corresponding norms of the Code of Criminal Procedure of Ukraine was carried out. The content of such concepts as "procedure of application of transplantation", "activities related to transplantation", "donation of anatomical materials" and others were considered. With the help of the system-structural method, such evaluative concepts as "damage to the victim’s health", "substantial damage to the victim’s health", "severe consequences", etc., which are used in many norms of the Criminal Code and interpreted differently in judicial practice, were analyzed. On the basis of the conducted research, conclusions were formulated and recommendations were made that socially dangerous consequences in the form of "significant harm to the victim’s health" are provided for in Part 1 of Art. 143 of the Criminal Code, cover the infliction of a minor physical injury on the victim that caused a short-term health disorder or minor loss of working capacity, medium severity of physical injury, severe physical injury, as well as infection with the human immunodeficiency virus or other incurable infectious disease and infection with venereal disease. At the same time, negligently causing the death of a recipient during an illegal transplant requires additional qualification under a set of criminal offenses. The revealed cases of arbitrary and sometimes unsystematic use of various evaluation concepts of harm to human health in the norms of the Special Part of the Criminal Code indicated the need for unification in the criminal legislation of Ukraine, both the concept of "harm to health" and the normative consolidation of its types.

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