HEALTH DISORDER ASSOSIATED WITH PERMANENT DISABILITY AS THE SIGN OF BODILY HARM.

OBJECTIVE: The aim: The paper is aimed at creation of the procedure and criteria for determining a health disorder associated with permanent disability as a sign of serious bodily harm. PATIENTS AND METHODS: Materials and methods: To identify the problems faced by forensic medical and judicial practice in determining a health disorder associated with permanent disability, we studied more than 100 criminal proceedings from 2007 to the present time. RESULTS: Results: Ways to further improvement of the procedure for conducting expert studies on health disorders, associated with persistent loss of general ability to work as a characteristic feature of the bodily harm have been found to avoid errors in forensic medical and judicial practice. The issues of conducting forensic medical examinations to determine the degree of loss of general ability to work remain unresolved. The lack of joint research projects conducted by both medical and legal scientists leads to the polysemy and different approaches in the stating of certain concepts that are the subject of study of both medical and law sciences. Currently, the definition of the offence against health is debatable and the issues of criteria for determining such damage are not completely settled to date. CONCLUSION: Conclusions: We consider the development of the Procedure and Criteria for determining the degree (in percentage) of the permanent loss of general ability to work of victims of criminal offences, established by forensic medical experts, is crucial.

Genital mutilation as a consequence of criminal offence against a person.

OBJECTIVE: The aim: The paper is aimed at creation of a procedure for determining the loss of any body organ or its functions, genital mutilation, as the signs of grievous bodily harm, penalty for which is stipulated by the Article 121 of the Criminal Code of Ukraine, as well as establishing the possibilities of legal setting of the concept of "genital mutilation". PATIENTS AND METHODS: Materials and methods: Over 100 criminal proceedings, involving forensic medical examination, under the Article 121 of the Criminal Code of Ukraine for the period from 2007 to 19.05.2019 have been studied. Common methods of research have been used, namely, the analysis and synthesis, statistical method, as well as own observations of the process of judicial examination of the above criminal proceedings, as well as individual interviews, survey of the victims and their family members in total of 39 people. RESULTS: Results and conclusions: The findings of the investigation enabled detecting the gaps in the regulation of the procedure to define genital mutilation as a characteristic feature of grievous bodily harm. The ways of further improvement of the procedure of conducting expert studies of genital mutilation as a characteristic feature of bodily harm, which facilitates avoiding of errors in forensic medical and judicial practices have been found. The process of criminalization of the illegal conduct of surgical operations, resulted in mutilation of genitalia, must take place with the mandatory involvement of specialists in the field of practical medicine, as well as medical scientists specializing in sexopathology, gynecology, oncogynecology, forensic medicine in order to avoid errors in the lawmaking.

Mental illness as a consequence of criminal offence against the person.

OBJECTIVE: Introduction: Among crimes against human health we distinguish serious bodily harms, one of the signs of which is recognized as a mental illness. The aim:The paper was aimed at the development of the procedure for determining the mental disorder of a victim as a sign of a serious bodily harm, as well as the establishing the possibilities of clarifying the legislative formulation of the above norm of the Criminal Code. PATIENTS AND METHODS: Materials and methods: Over 300 criminal proceedings under the Arts.121, 122 and 125 of the Criminal Code of Ukraine for the period from 2007 to 2018 have been studied. For this purpose, common methods of research have been used, namely, the analysis and synthesis, as well as own observations of the process of consideration of the above criminal proceedings. RESULTS: Results and conclusions: The findings of the study assisted in identification of gaps in the regulation of the procedure to define mental illness as a characteristic feature of serious bodily harm. The ways of further improvement of the procedure of conducting expert studies of mental illness as a characteristic feature of a serious bodily harm. The rules for determining the psychic (mental) illness that are recognized by us as archaic and that does not correspond to the established procedure of such definition by the comprehensive forensic medical and forensic psychiatric examination involving a forensic medical expert, two or three psychiatrists (narcologists), summarizing in the conclusion of the presence of mental illness in a person, assessed by experts as a characteristic feature of serious bodily harm should be changed.