To the analysis of certain elements of criminal characteristics of illegal medical activity
Juridical science(2020)
摘要
The urgency of the outlined issues for Ukraine is growing primarily in the context of the reform processes of the health care system of Ukraine and the current criminal legislation. In general, the analysis of the scientific literature shows that the debatable issues regarding the application of the law on criminal liability for illegal medical activities are still unambiguously resolved, which negatively affects law enforcement practice, and therefore requires comprehensive study and development of proposals to improve criminal law in this area. Despite the huge number of examples of illegal medical activities in Ukraine, the issues related to the forensic characterization of these criminal offenses are quite complex in nature, as these criminal offenses have a high level of latency and insufficient functional certainty of prosecution. The article considers some elements of the forensic characteristics of illegal medical activities. forensic characterization of illegal medical activity should be considered as a model of information on forensic evidence of a criminal offense, due to forensic research and practice of the prosecution, which aims to ensure an effective process of its investigation in case of lack of data - circumstances to be established. It is noted that the components of the forensic characteristics are: the method of committing a criminal offense; the circumstances, time and place of the crime; tools and means of committing a criminal offense; trace picture; the identity of the offender and the identity of the victim as interrelated and interdependent elements. It is concluded that in order to avoid illegal medical activity it is necessary: first, to establish by law a body that would control the implementation of medical activities and conduct investigations in accordance with the provisions of the Criminal Procedure Code of Ukraine on crimes against life and health. which is responsible for medical activities; secondly, to hold a series of lectures, seminars, meetings with the public and try to convince them that illegal medical activities can lead to serious consequences; thirdly, to legislate normative legal acts or amend the Criminal Code of Ukraine to establish tougher sanctions against entities engaged in illegal medical activities.
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