Open AccessPeculiarities of criminal liability of medical workers
Author(s) -
L. M. Sadula,
Yu. V. Polyansky,
M. P. Stetsyuk
Publication year - 2022
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.67.47
Subject(s) - legislation , relevance (law) , criminal law , law enforcement , criminal liability , criminal procedure , enforcement , political science , criminal case , subject (documents) , quality (philosophy) , law , criminal investigation , control (management) , psychology , criminology , business , library science , computer science , philosophy , management , epistemology , economics
The article analyzes the peculiarities of criminal liability of medical workers. The relevance of the topic of the research is determined by the severity of the problem of providing quality medical services medical and pharmaceutical staff of the relevant institutions of Ukraine during the exercise of their professional duties, as well as important social and legal importance of the problem of criminal responsibility of medical or pharmaceutical worker for committing a crime associated with the performance of professional duties. Questions related to criminal legal characteristics of crimes committed by the medical worker related professional activities are intrinsically complex and relevant to criminal legislation of Ukraine.
The study of judicial practice allows to speak about the complexity of proving "medical" criminal offenses, which, first of all, are caused by the lack of sufficient volumes of special knowledge in law-enforcement bodies, as the delimitation of legal and criminal-illegal behavior is not always possible to conduct clearly, since often the same by their objective characteristics, actions coincide with more closely related features of the criminal structure of the criminal offense. However, in the presence of circumstances provided for by law, such actions should not be considered criminal.
In the analysis of the components of criminal offenses which are based on the basis of human health, it is possible to conclude that the corresponding social relations are formed between the following participants: on the one hand, such a subject is a medical worker, who must carry out his activity in accordance with the requirements of the current legislation; on the other hand, a citizen who has the right to health care. The third participant of such relations is the state, which is actually intended to guarantee to citizens the provision of necessary and high-quality medical services, and therefore its priority activity is health care.