| Autor: |
Knyzhenko O; 1Department of Criminal Law and Criminology, National Academy of the Security Service of Ukraine, Ukraine., Knyzhenko S; 2Department of Criminalistics, Forensic Expertise and Pre-Medical Training Kharkiv National University of Internal Affairs, Kharkiv National University of Internal Affairs, Ukraine., Kraіnуk H; 3Department of Law and Public Administration, Zhytomyr State University named after Ivan Franko, Ukraine., Kotlubaieva K; 4Kharkiv National University of Internal Affairs, Ukraine. |
| Jazyk: |
angličtina |
| Zdroj: |
Georgian medical news [Georgian Med News] 2022 Sep (330), pp. 17-22. |
| Abstrakt: |
The purpose of the study - based on the analysis of judicial practice, scientific regulations, and current laws of Ukraine to suggest the ways of improving the criminal-law response measures to failed or improper performance of professional duties by a medical professional, and to determine the specific preparations for appointment of forensic medical examinations in the course of investigation of the criminal offenses concerned.; The materials of the study were statutory regulations; scientific research literature; court verdicts; criminal proceedings which were considered by court, and also statistical information.; The set purpose has been implemented by using the historical, dogmatic, system structural and logical methods for the research and also for the analysis of investigator's activities while investigating the criminal offenses concerned.; In this paper the author concludes that criminal offenses related to improper professional duties performance by a medical professional may be prevented by formalizing such duties at the legislative level. In the future, such a statutory instrument may be a Medical Code of Ukraine which will comprehensively regulate the rights and duties of patients as well as of medical staff.; The current criminal laws of Ukraine should provide for the possibility of applying criminal-law measures to medical institutions in case someone of their medical professionals improperly performs his/her professional duties.; It is expedient to make detailed formalization of the duties which a medical professional has at the level of separate legislative acts. For this purpose, it is necessary to adopt a number of legislative acts, rather than departmental ones, which would consolidate these duties with due regard for the development level of the healthcare branch.; Statutory enshrinement is needed in respect of the application of criminal-law measures to medical institutions in case someone of their medical professionals improperly performs his/her professional duties and this results in death of a person or other serious consequences.; The tactics of preparations for the appointment of forensic medical examinations in the course of investigation of the criminal offenses concerned have certain specific features, in particular:; - medical documentation should be scrutinized for the presence/absence of signs of forgery.; - clinicians with different specializations should be engaged for expert examination.; - it is inadmissible to make forensic medical examination based only on medical documents, except for cases of complete skeletonization of a human corpse.; - the questions which experts are asked should meet certain criteria. |
| Databáze: |
MEDLINE |
| Externí odkaz: |
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