Social and Legal Studios

Abstract

Introduction. In the current conditions of globalization and the spread of various pandemics, increasing attention is paid to assessing the quality of health care in countries and the proper treatment of patients. The scientific community is increasingly turning to the study of criminal liability for improper performance or non-performance of professional obligations of medical and pharmaceutical workers, develops proposals to improve regulations and practices. The aim. Defining the main approaches of the European Court of Human Rights (ECHR) to the positive obligations of the state in matters of medical care and proper treatment of patients, making proposals to improve the Criminal Code of Ukraine on liability for medical negligence. Materials and methods. The study used general scientific methods of dialectics (analysis, synthesis, induction, deduction) during the elaboration of the norms of the Criminal Code of Ukraine and some foreign countries. The empirical basis of the study consists of case law from the Unified State Register of Judgments and decisions of the European Court of Human Rights on compliance with the obligations of states in the field of health care and proper treatment of patients. Conclusions. The practice of the ECHR on the fulfilment by states of the obligations in the sphere of medical care and treatment of patients has been generalized, the approaches of the Court to the observance of such obligations have been determined. There are some unsuccessful legislative formulations in the articles of the Criminal Code, which lead to errors in the interpretation of the signs of criminal offences and as a consequence to difficulties in law enforcement. In order to eliminate some problems, it is proposed to generalize the rules of criminal liability for improper performance or non-performance of medical duties in one Article 140 of the Criminal Code of Ukraine with a clear definition of the differentiation of responsibility and the consequences of these encroachments

Keywords: criminal liability, medical, pharmaceutical workers, professional responsibilities, medical care, patient treatment, ECHR practice, foreign legislation

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