CRIMINAL SIGNS OF PERSONS COMMITTING CRIMINAL OFFENSES IN THE SPHERE OF MEDICAL ACTIVITY IN UKRAINE

Abstract

The article analyzes the criminological features of a person committing criminal offenses in the field of medical activity in Ukraine. It is indicated that, unlike the subject of a criminal offense, the concept of the personality of a criminal offender includes a number of characteristics that allow us to trace the relationship between individual features and determinants that either influenced the formation of such features or became a determining factor for the implementation of deviations by committing a socially dangerous act. The concept of a subject of a criminal offense is enshrined in the legislation, namely in Art. 18 of the Criminal Code of Ukraine. Establishing the possibility of applying criminal liability to a person is directly related to the presence of mandatory features of the subject - the status of an individual, reaching the age from which criminal liability may arise, as well as the presence of a state of sanity. Accordingly, the absence of any of the specified features makes it impossible to bring a person to justice. The personality of a criminal offender includes characteristics that determine deviance and a tendency to commit a socially dangerous act even when there are no criminal-legal signs of the subject. It is noted that if we analyze the majority of criminal offenses committed in the field of medical activity, we can conclude that all those acts committed out of negligence are due to the careless attitude of the medical worker to his professional duties. The lack of willpower in such a case correlates with the fact that the person had the opportunity to prevent socially dangerous consequences (for example, if he had analyzed the medical literature, consulted with more experienced colleagues, prescribed additional diagnostics, etc.), but did not do so. At the same time, in such a case there is also an intellectual moment, which is manifested in the person’s lack of understanding of the potential danger and illegality of the actions he commits. The combination of intellectual and volitional characteristics determine the content of such a form of carelessness as criminally unlawful negligence.