Keywords
pharmaceutical activity
medicinal products
health care
general and special subject
elements of criminal offenses
How to Cite
Abstract
The purpose of the article is to analyze the provisions of the Criminal Code of Ukraine regarding subjects of criminal offenses encroaching on pharmaceutical activity. Research methods are: monographic analysis, systematic analysis, comparative and legal analysis, generalization, forecasting, etc. The importance of the chosen topic is due to the fact that in connection with Ukraine's intention to join the EU, Ukraine must harmonize criminal legislation with the EU and implement EU legislation into the criminal legislation of Ukraine to ensure criminal legal protection of pharmaceutical activity. Pharmaceutical activity is an obligatory component of health care in the state and an independent object of criminal law protection. The subject of a criminal offenses is an element of criminal offenses that encroach on pharmaceutical activity. We have emphasized that it is important to study not only a general subject, but also a special one, which may be characterized by such characteristics as an official position (such a subject is an official); specialty (profession); family relationship with the victim (such a special subject can be a father or mother); official or other relations with the victim (a special subject can be a person on whom the victim is materially or professionally dependent), etc. It has been proven that the selection of a general and a special subject in the elements of criminal offenses of specific types makes it possible to find out the specifics of the mechanism of harm to pharmaceutical activity, which is expressed in the rupture of social ties in the content of the relevant components of pharmaceutical activity, subjects and "non-subjects" of pharmaceutical activity.
References
Criminal Code of Ukraine (2001). № 2341-ІІІ. https://zakon.rada.gov.ua/laws/show/2341-14#Text.
Grynenko, I. (2019). Characteristics of the subject of the crime as criteria for the classification of crimes. Entrepreneurship, economy and law. №. 7. P. 182-187.
Kondratov, D. (2014). The subject of the crime provided for in Art. 163 of the Criminal Code of Ukraine. Bulletin of the Criminological Association of Ukraine. №. 7. P. 50-62.
Taran, N. (2019). The subject of the crime in the criminal law of Ukraine: theoretical and applied aspects: dissertation. for obtaining sciences. candidate degree law sciences. Kyiv. 226 p.
Vozniuk, A. (2016). Criminal Law of Ukraine. General part: summary of lectures / introductory speech Doctor of Law, prof. O. Dudorov K.: Nat. Acad. internal of affairs, "Education of Ukraine". 236 p.
Lytvynov, O. (2020). Criminal Law of Ukraine. General part : textbook; Ministry of Internal Affairs of Ukraine, Kharkiv National University of Internal Affairs. Kharkiv. 428 p.
Berzin, P. (2023). Human behavior in criminal law, a criminal offense and the composition of a criminal offense: a study guide. Kyiv: Alerta. 558 p.
Volynets, R. (2020). Crimes affecting the stock market: analysis of the composition of crimes, peculiarities of qualification and delineation: Training manual. Kyiv: Legal Unity. 286 p.
Berzin, P. (2024). Criminal Law. General part: scientific and expert conclusions: study guide. Kyiv: Alerta. 662 p.
Navrotskyi, V. & others (2013). Ukrainian criminal law. General part: textbook. K.: Yurinkom Inter. 712 p.
Berzin, P., Demchenko, I., Berzina, A. (2023) The problems of criminal liability of pharmaceutical employees in the context of certain forms of collaborative activities. Wiadomości Lekarskie Medical Advances. Volume LXXVI, ISSUE 7, JULY 2023. P. 1681-1684.
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