Об’єктивна сторона складу злочину, передбаченого ч. 1 ст. 139 Кримінального кодексу України (Objective Side of a Crime Foreseen by Part 1 of Article 139 of the Criminal Code of Ukraine)
Journal Title: Медичне право - Year 2018, Vol 1, Issue 1
Abstract
The article examines the signs of the objective side of the crime «not providing sick with a medical worker». The form of criminal behavior in the form of inaction is analyzed, which is expressed both in the complete refusal to provide medical care to the patient, and in its failure to provide the amount that is necessary for the particular situation. It has been established that the obligatory indication of the objective aspect of the analyzed crime is the situation of its commission, which should be such that the person should be in a morbid condition and need medical care. The responsibilities of the medical worker for the provision of medical care to the patient, the content of which is specified in accordance with his needs in a specific type of treatment, as well as the situation in which this need arises. Gaps in legislative regulation in this area are highlighted. It is stated that the qualification of the crime, stipulated in Part 1 of Art. 139 of the Criminal Code of Ukraine provides for the need to establish two criteria – objective (having a duty to act in a certain way) and subjective (the ability to act in a certain way).
Authors and Affiliations
Rostyslav Lemekha
Keywords
Related Articles
- EP ID EP451101
- DOI 10.25040/medicallaw2018.01.032
- Views 83
- Downloads 0
Permission Type of Legal Regulation in the Sphere of Health Care (Дозвільний тип правового регулювання у сфері охорони здоров'я)
Considering the types of regulation, which some lawyers are focused on, the major attention should be paid for licensing type, which is based on the total ban. The legislation of Ukraine permissive type of regulation is...
Medical Neutrality as a human rights in patient care protection concept: experience of Ukraine
New for Ukrainian legal system concept of "medical neutrality", which has beendesigned to serve as a reliable "Umbrella" for human rights in the field of health care, is revealed. An attempt has been made to lay the the...
Медичний арбітраж (третейство) в Україні (Arbitration in Medical Cases in Ukraine)
The peculiarities of arbitration proceedings as an extrajudicial jurisdictional form of rights of subjects of legal relations in the sphere of rendering medical care protection have been highlighted. The advantages of me...
Medical Secret (Врачебная тайна)
Right to confidentiality is one of the inalienable patient’s rights. Preserving medical secret shall be considered as not merely a fulfillment of a professional duty by a medical professional but as also as his moral and...
Предиктивна медицина: право на конфіденційність і захист від (Predictive Medicine: Right to Confidentiality and Protection Against Discrimination)
This article is devoted to questions of protecting the right to confidentiality in the implementation of predictive medicine. The article deals with the consolidation of this right at the national and international leve...