RESUMO
OBJECTIVE: The aim: Characteristic of corruptive incomings laundering in the medical sphere and research of components for counteraction to this phenomenon. PATIENTS AND METHODS: Materials and methods: Some methods were used to ensure the completeness and complexity of scientific research: dialectical, formal, legal, epistemological, and systemstructural methods. CONCLUSION: Conclusions: It was concluded that corruptive incomings laundering in the medical sphere is becoming commonplace. New ways, means, and schemes for the commission of this crime are appearing. The authors analyze the main methods for corruptive incomings laundering in the medical sphere: during the purchase of medicines and medical equipment, during the procurements of medical preparations and medical equipment, building restoration and renovation, where health care facilities are located, price-fixing and gifting of chief medical officers. A comprehensive system of organizational, legal, and economic measures must be formed that will provide effective counteraction to the corruptive incomings laundering in the medical sphere.
Assuntos
Lavanderia , Crime , HumanosRESUMO
OBJECTIVE: The aim: Research of features of criminal responsibility of the medical worker for failure to performe or imptoter perfomance of their professional duties in Ukraine. PATIENTS AND METHODS: Materials and methods: The article uses general scientific and special scientific methods of cognition, which provided an objective analysis of the research goal. CONCLUSION: Conclusions: Criminal law, which provides for liability for improper performance of duties by a healthcare professional or pharmacist, must have a perfect design to ensure the rights and interests of both the patient and the medical worker.That is why, the existing construction of article 140 of the Criminal code of Ukraine requires a number of changes and additions.
Assuntos
Criminosos , Direito Penal , Pessoal de Saúde , Humanos , Responsabilidade Legal , UcrâniaRESUMO
OBJECTIVE: Introduction: Corruption, as a socio-economic problem, is characteristic of every society. The aim: To study relevant issues of criminal liability of the private doctors for committing corruption crimes. PATIENTS AND METHODS: Materials and methods: In the article general scientific and special-scientific methods of cognition wer eused which provided an objective analysis of the research purpose. RESULTS: Review: The article analyzes actual questions of relenant issues of criminal liability of the private doctors for committing corruption crimes. The authors propose to research the criminal responsibility of this specific subject through the prism of the crime, as well as it's elements. Thus, special attention is focused on the analysis of thees sence of the object of the crimes, the responsibility for which provided in. Art. 365-2 and 368-4 of the Criminal Code of Ukraine. Inaddition, the concept of "unlawful profit" is investigated, in the context of comparison with the "bribe". Thees sence of the objective side of corruption crimes, the subject of which is a private doctor, is explained in detail. In particular, the concepts of "authority", "offer", "promise", etc. Particul arattention is paid to analyzing the legal status of a private doctor as a person authorized to provide public services. The authors focus on the analysis of the subjective side of thes corruption crimes being studied by a private physician. All penalties that can be applied to a private doctor for committing corrupt acts are systematized. At the very end, the issue of the totality of crimes is investigated. CONCLUSION: Conclusions: Bringing a private doctor in the responsibility for committing a corrupt act is difficult in there gion, because the criminalization of corruptionactions of suchpersons took place relatively recently, therefore, pre-trial investigation bodies have not yet established a well-established system of tactical and methodological actions that would facilitate this process.