Problematic issues of criminal liability for violation of the right to free medical care

Abstract

A significant number of wounded soldiers of the Armed Forces of Ukraine need high-quality medical services and further rehabilitation every day. In connection with the healthcare reform launched in Ukraine in 2017, those medical services, as well as medicines and medical devices included in the Medical Guarantee Program, should be absolutely free of charge. They should be paid for by the National Health Service of Ukraine at the expense of the state budget in those healthcare institutions, regardless of their form of ownership, that have concluded agreements with this state executive body. However, in practice, there are still cases of violations of the right to free medical care. This is manifested in the fact that doctors and other medical professionals: 1) make an illegal demand/ request to a patient (including a member of the Armed Forces of Ukraine) to pay money for a medical service that is actually free of charge, and sometimes receive this money; 2) make an illegal demand to pay a charitable contribution to a charitable foundation or hospital fund that operates at a medical institution; 3) provide a patient or his or her relatives with a list of medicines that are free of charge, but which must be purchased at a pharmacy for further treatment. In such cases, a healthcare professional (depending on the circumstances of the case) should be held criminally liable for violation of the right to free medical care under Part 1 of Article 184 of the Criminal Code of Ukraine or for a corruption criminal offense related to bribery under Part 3 of Article 354 of the Criminal Code of Ukraine.This article analyzes the regulatory legislation in the healthcare sector, as well as the court practice under Part 1 of Article 184 of the Criminal Code of Ukraine.This made it possible to formulate a new version of the disposition of Part 1 of this Article, taking into account the updates to the regulatory legislation and the results of the reform, and to provide recommendations for improving the pre-trial investigation in criminal proceedings initiated under Part 1 of Article 184 of the Criminal Code of Ukraine.