COMPENSATION FOR DAMAGE AS A CIVIL LAW MEASURE OF INDIVIDUAL PREVENTIVE PREVENTION OF CRIMINAL OFFENSES COMMITTED IN THE HEALTHCARE SECTOR IN UKRAINE

Abstract

The article considers compensation for damage as a civil law measure of individual preventive prevention of criminal offenses committed in the field of medical activity in Ukraine. It is indicated that it is in the field of medical activity that there are frequent cases when a medical worker acts in a state of extreme necessity, which, according to national legislation, is a circumstance that excludes the criminal illegality of the act. To date, there is no judicial practice and statistics of law enforcement agencies that would highlight cases when a medical worker acted in a state of extreme necessity, which would be proven and would be the basis for exemption from criminal liability. It is determined that, unlike Ukraine, in Sweden the patient is not obliged to prove the guilt of a medical worker in the damage caused to his health. The second positive aspect is recognized as the fact that the Swedish legislative act provides a clear differentiation of the types of damage that are subject to compensation. The third positive aspect is the patient insurance system provided in the state. It is argued that a legislative act should be developed and adopted in Ukraine that would regulate public relations in the field of compensation for harm to patients. It is concluded that the establishment of compensation amounts that would be differentiated depending on the severity of the health-related consequences, as well as the creation and implementation of a mechanism for holding a medical worker to civil liability is an effective measure of individual preventive prevention of criminal offenses committed in the field of medical care. It should be considered effective even when a medical worker acted in a state of extreme necessity.