Individual remarks on serious bodily harm

Abstract

The facts of infliction of severe and moderate bodily injuries and the practice of forensic examination show that the consequence of criminally unlawful encroachment on the health of victims in many cases is a health disorder associated with permanent disability. Forensic examination faces legal uncertainty in establishing such consequences. The Rules of Forensic Medical Determination of the Severity of Bodily Injuries, approved by the Order of the Ministry of Health of Ukraine № 6 of January 17, 1995, paragraph 2.1.6 stipulates that a health disorder is a consistently developed painful process directly related to the injury. Furthermore, these Rules indicate that the amount of permanent (permanent) loss of general ability to work in case of injuries is determined after the consequences of the damage, based on objective data, taking into account the documents guided by the medical and social expert commission. However, today the Order of the Ministry of Health of Ukraine 05.06.2012 № 420 regulates the Procedure and Criteria for establishing medical and social expert commissions the degree of permanent disability in the percentage of employees who suffered health damage related to work. At the same time, the Criminal Code of Ukraine calls a sign of severe bodily injuries a health disorder combined with permanent disability of at least one third, moderate severity of injuries – long-term health disorder or significant permanent disability of less than one third, mild bodily injuries – short-term health disorders or minor disability. In other words, the Criminal Code of Ukraine does not indicate either general or professional capacity for work. The existence of legal uncertainty is stated, which calls into question the conclusions of the forensic medical examination. The results made it possible to identify gaps in the regulation of the order of establishment of health disorders, combined with permanent loss of general ability to work, as a characteristic feature of severe bodily injury. Ways have been found to further improve the procedure for conducting expert research on health disorders, combined with permanent loss of general ability to work, as a characteristic feature of bodily injury, which will help to avoid errors in forensic and judicial practice.