GENERAL OBJECT AND CLASSIFICATION OF CRIMINAL OFFENCES COMMITTED BY MEDICAL WORKERS IN UKRAINE

Abstract

The article analyzes the generic object of criminal offenses committed in the field of medical activity. The author’s classification of criminal offenses committed by medical workers is proposed. It is indicated that individual criminal offenses related to the performance of their duties by medical workers are placed in other sections of the national criminal legislation, which indicates that the legislator has defined their generic object as public relations that are not directly related to the protection of public health. It is noted that there are frequent cases when criminal offenses committed by medical workers in the field of exercising direct powers are incorrectly classified under other articles of criminal legislation, in particular, as unlawful acts in the field of official activity and professional activity related to the provision of public services. This situation is often due to the fact that the generic and mandatory direct object of such unlawful acts is not the health of the person, but certain other social relations and benefits, in particular – the will (for example, illegal placement in a psychiatric care institution), the right to privacy of personal life (for example, disclosure by a medical professional of the secret of adoption), personal rights (violation of the right to free medical care), the procedure for the circulation of medicines established by law (falsification of medicines or circulation of falsified medicines), etc.It is summarized that the presence of differentiated criminal offenses committed in the medical field under different sections of the criminal legislation indicates that the legislator leaves it possible to believe that such acts may encroach not only on social relations in the field of ensuring the right to receive proper medical care.