Theoretical Aspects Of Medical Workers’ Criminal Liability

dc.contributor.authorSpitsyna, Hanna
dc.contributor.authorDavydenko, Ihor
dc.contributor.authorTurska, Valeria
dc.date.accessioned2026-02-23T14:18:43Z
dc.date.issued2023
dc.descriptionHealth is of paramount importance in everyone’s life. However, more and more people are facing the issue of receiving incompetent medical care or obtaining such aid for an additional fee. Yet, in the context of the global COVID-19 pandemic, professional assistance of medical workers has become the foundation for preserving and ensuring vitality of modern society. Article 3 of the Constitution of Ukraine states that the human being, his or her life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. Article 49 of the Constitution of Ukraine envisages that everyone has the right to health protection, medical care and medical insurance. Health protection is ensured through state funding of the relevant socio-economic, medical and sanitary, health improvement and prophylactic programs. The State creates conditions for effective medical service accessible to all citizens. State and communal health protection institutions provide medical care free of charge; the existing network of such institutions shall not be reduced. The State promotes the development of medical institutions of all forms of ownership.
dc.description.abstractThe article considers theoretical foundations of criminal liability for medical professionals. The issue of legal liability has been studied. The lack of awareness among medical workers and their supervisors regarding legal liability set by current legislation for violations in healthcare has been stressed. In particular, criminal liability is singled out as the most severe kind of legal liability. The main focus is on professional medical crime, its features and components. Crimes committed intentionally or negligently are described separately. An analysis of the proposal to refine the Criminal Code of Ukraine has been carried out, in particular with regard to the possibility of supplementing the law with a separate section devoted to crimes committed by medical professionals. The Article Aim is to study theoretical foundations of criminal liability for medical professionals through the systems analysis of legal regulation. The research paper provides a comprehensive overview of legal liability, with a specific focus on criminal liability for medical practitioners. The methods of structural analysis and synthesis have been used to divide obtained information into distinct structural units and to systematically merge various aspects of information into a single structured presentation system aimed at summarizing information regarding criminal liability of medical professionals for crimes committed while performing their professional duties. Conclusions. The findings suggest that there is a need for cooperation among the scientific community, legislative bodies, and medical professionals with the aim of developing legal norms and criminal liability system that will ensure protection of patients’ rights and promote ethical and safe execution of medical duties.
dc.identifier.citationSpitsyna, H., Davydenko, I., Turska, V. (2023). Theoretical Aspects Of Medical Workers’ Criminal Liability. Archives of Criminology and Forensic Sciences. 1 (7). 82-87. DOI: https://doi.org/10.32353/acfs.7.2023.06. P. 6.
dc.identifier.orcidhttps://orcid.org/0000-0001-9131-0642
dc.identifier.orcidhttps://orcid.org/0009-0008-0791-7619
dc.identifier.orcidhttps://orcid.org/0000-0003-4911-7093
dc.identifier.urihttps://dspace.nncise.org.ua/handle/123456789/189
dc.language.isoen
dc.publisherНаціональний науковий центр «Інститут судових експертиз ім. Засл. проф. М.С. Бокаріуса»
dc.subjectmedical professional
dc.subjectcrime
dc.subjectcriminal offense
dc.subjectprofessional activity
dc.subjectlegal liability, criminal liability
dc.titleTheoretical Aspects Of Medical Workers’ Criminal Liability
dc.typeArticle

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