DIFFERENTIATION OF CRIMINAL RESPONSIBILITY FOR VIOLATION OF THE PROCEDURE FOR TRANSPLANTATION OF HUMAN ANATOMICAL MATERIALS ESTABLISHED BY LAW

Abstract

The article is devoted to determining the criteria for differentiating criminal responsibility for violating the procedure established by law for the transplantation of human anatomical materials and formulating, on this basis, proposals for amendments and additions to the criminal legislation of Ukraine. The main components of the violation of the procedure established by law for the transplantation of human anatomical materials according to the current Criminal Code of Ukraine are highlighted: 1) deliberate violation of the procedure established by law for the application of transplantation of human anatomical materials, which caused significant damage to the victim's health; 2) removal of anatomical materials from a person by coercion or deception for the purpose of their transplantation; 3) illegal trade in human anatomical materials; 4) forcible or fraudulent extraction of blood from a person for the purpose of using it as a donor. The analysis of the Law of Ukraine «On the Application of Transplantation of Anatomical Materials to Humans» dated May 17, 2018 made it possible to identify seven stages of the procedure established by law for the application of transplantation of anatomical materials of a person, which are of a generalized nature and may differ slightly in each specific case, and some of them may be absent. Reasoned expediency of recognizing as a criterion for differentiating criminal liability for violation of the procedure established by law for transplantation of human anatomical materials, the socially dangerous consequences of violation of the procedure for transplantation (type of damage caused to the health of the donor or recipient or their death) and the form of guilt (intention or carelessness regarding such a violation). Cases of violation of prohibitions in the researched area are proposed to be criminalized by a separate norm. Taking into account the above criteria, the proper names of Articles 143 and 144 of the Criminal Code of Ukraine and the wording of their dispositions are given.