КРИМІНАЛЬНА ВІДПОВІДАЛЬНІСТЬ ЗА НЕНАДАННЯ ДОПОМОГИ ХВОРОМУ МЕДИЧНИМ ПРАЦІВНИКОМ (СТ. 139 КРИМІНАЛЬНОГО КОДЕКСУ УКРАЇНИ)

Abstract

The topic of criminal liability of medical workers is one of the most controversial in the medical and legal space. The study of the issues of legal regulation of medical activity and criminal liability of medical workers is closely connected with both medical and criminal law.

According to the results of studying the scientific literature, which highlights the views of domestic and foreign researchers in the field of criminal law, analyzed the essence of the concept of victim of the crime under investigation. In order to ensure the completeness of criminal and legal protection of life and health, as well as a complete and thorough approach to the logical normalization and unification of the Criminal Code of Ukraine, the proposal on normative recognition of victims of non-medical care as a patient 139 of the Criminal Code of Ukraine and its content. The statement that the semantic characteristic of the objective side of non-provision of care to a patient by a medical worker contains four features is scientifically substantiated: illegal act (nonprovision of assistance - inaction-non-intervention); the circumstances of the crime; socially dangerous consequences (death of the patient or other severe consequences); causal relationship. The scientific vision of the situation of non-provision of care to a patient by a medical worker is substantiated, which is embodied in two components: the ability of the subject to provide care; in the absence of valid reasons not to provide assistance to the patient by a medical worker.

Based on the study of the peculiarities of criminal liability for failure to provide care to a sick medical worker, a proposal was developed that allows to improve the studied norm and a new version of Art. 139 of the Criminal Code of Ukraine «Failure to provide care to a patient by a medical worker», in particular to replace the word «patient», supplement this criminal law with qualifying and especially qualifying features, establishing new terms of punishment for qualified and especially qualified corpus delicti.