АКТУАЛЬНІ ПИТАННЯ МІЖНАРОДНО-ПРАВОВОГО РЕГУЛЮВАННЯ НАДАННЯ МЕДИЧНОЇ ДОПОМОГИ НА СУДНІ

Abstract

The article deals with the generalized results of theoretical and practical
matters forensic characteristics of some elements of crimes in the transplantation of organs
or tissues, including the features of the method of their execution. The introduction of new
technologies into the medical activities, such as transplantation of organs or tissues, has led
to the emergence of crimes related to these activities. Exposing and preventing such crimes
is extremely important given that it is one of the most dangerous ones against the life and
health of the individual. In addition, the practice testifies to their high latency, which causes
an increased degree of their social danger. In this regard, the fight against these crimes is
one of the priorities of law enforcement agencies.
An analysis of social, criminal and medical factors provides a basis for
predicting a high level of transplant latency and significant negative social
consequences in this regard. Therefore, from the forensic point of view, the
foreground is the way of committing a crime, which are reflected in a complex of
various material and ideal traces, which allows you to orient yourself in the act and
identify the most optimal methods of disclosure.
The results of criminal cases initiated for committing crimes in the field of
transplantation of human organs or tissues indicate that these encroachments are
committed by medical practitioners. In practice, it is very difficult to distinguish
between the voluntary sale and the use of coercion (violence) or deception by brokers
or intermediaries. There are strong links between doctors and mediators, which
complicates the detection of this criminal activity. Criminals are actively using
computer technology. The rapid development of the Internet is another factor
contributing to the expansion of illegal organ trafficking, since the Internet enables
anonymity to operate, facilitating organ sales and purchases, and allowing brokers to operate in different countries of the world. Illegal transplantation of human organs is
also linked to trafficking in human beings. There is evidence of common signs,
including routes and the number of victims. The conducted research allows to reach
certain conclusions. Organ and tissue transplant offenses tend to increase in both
quantitative and qualitative terms. Of great concern is the rise in such crimes
committed by organized crime groups whose activities are international in nature.
The ways of committing such crimes are complex and varied, depending on
many conditions. The first type of these crimes is committed by medical professionals -
doctors, and the second type - the removal of a person's organs or tissues by coercion
or deception, which is characteristic of organized criminal groups, which may include
medical professionals and representatives of criminal structures. Despite the clear
signs of organized crime being involved in the «black market» of human organs, the
extent of this phenomenon needs further investigation.