Кримінально-правова характеристика суб’єкта корупційних та пов’язаних з корупцією правопорушень у сфері охорони здоров’я

Abstract

The article is devoted to the analysis of the legislative regulation of subjects of corruption and corruption-related criminal offenses, finding out their specifics and types in the field of health care. A comparative description of the definition of subjects of corruption offenses in accordance with the Criminal Code of Ukraine and the Law of Ukraine "On Prevention of Corruption" has been made, a number of shortcomings have been identified and certain considerations have been expressed regarding the directions for improving the legislation. It is stated that the peculiarity of the subject of a corruption offense is the presence of special features that indicate, first of all, a certain legal status of a person, due to the sphere of activity (public or private), position, functions performed, powers, etc. The Criminal Code of Ukraine provides for a wide range of types of special subject of corruption criminal offenses, among which the key is an official. It was found that the anti-corruption legislation applies to all categories of health workers. At the same time, the Criminal Code of Ukraine provides for differentiation of responsibility for accepting a proposal, promising or receiving undue benefit by a special entity, given the presence or absence of the status of an official and a type of legal entity (public or private law) or the provision of public services. The most controversial for the doctrine of criminal law and law enforcement practice is the problem of a criminal legal assessment of a health worker receiving undue benefits in connection with legally significant actions. In particular, such acts can be qualified both under Art. 368 or 368-3 and under Art. 354 or 368-4 of the Criminal Code of Ukraine, which indicates primarily the shortcomings of criminal legislation and the lack of unified theoretical developments in this area.