Problems of distinguishing criminal offenses trespassing pharmaceutical activity from related criminal offenses

Abstract

The article considers the problems of distinguishing criminal offenses trespassing pharmaceutical activity from related criminal offenses. The author claims that the separation of criminal offenses trespassing pharmaceutical activity from related criminal offenses is due to the need to provide an accurate, justified and complete criminal legal assessment of the committed encroachment.
 Finding out the features of the mechanism of distinguishing criminal offenses trespassing pharmaceutical activity from related criminal offenses, the author suggests taking into account the following main points: 1) characteristics of the victims (Articles 137, 140, 141, 142 of the Criminal Code); 2) signs of objects (Articles 141, 321-2 of the Criminal Code); 3) signs of actions and their consequences (Articles 131, 134, 137, 140 of the Criminal Code); 4) signs of actions, ways of committing them and their consequences (Part 2 of Article 308, Part 2 of Article 312, Part 2 of Article 313, Part 2 of Article 321-1 of the Criminal Code).
 Carrying out a systematic analysis of the provisions of the Criminal Code of Ukraine, the author cites specific situations with his own vision of how certain criminal offenses trespassing pharmaceutical activity should be distinguished from related criminal offenses. In particular, how should the elements of the criminal offense provided for in Art. 137 of the Criminal Code, where the victims are minors (children), in relation to whom subjects of medical and pharmaceutical services are obliged to take measures to ensure the protection of their life and health with a qualified staff of improper performance of professional duties by a medical or pharmaceutical worker, where a minor the person is also a victim. The article focuses attention on the contiguity of types of professional negligence in the field of medical and pharmaceutical activity (Articles 131, 137, 140 of the Criminal Code) and official negligence (Article 367 of the Criminal Code).
 The author comes to the conclusion that the concept of falsified medicinal products (Article 321-1 of the Criminal Code) can be associated with the forgery of documents (Articles 358, 366 of the Criminal Code) and the use of knowingly forged documents (Part 4 of Article 358 of the Criminal Code).