Novelization of the provisions of the criminal legislation of Ukraine, which provide for liability for medical crimes and misdemeanors: issues of interpretation and enforcement




significant harm to the victim's health, criminal law, criminal offense, medical crimes and misdemeanours, novelization, criminal responsibility


The problems of criminal law protection of life and health of a person in the field of medical care attract the special attention of scientists, because it is about the most valuable constitutional rights and freedoms of a person. At the same time, the results of the analysis of criminal statistics regarding registered medical crimes and misdemeanours, their further pretrial investigation and trial, give grounds for serious concern. The reasons for the negative investigative and judicial practice may be the shortcomings of the legal construction of the norms, numerous changes made to the Criminal Code, as well as the high latency of medical offenses. Therefore, the purpose of this article is a comprehensive study of the amendment of the criminal legislation of Ukraine, which provides for responsibility for medical offenses, identifying the shortcomings and advantages of such legislative decisions, as well as formulating separate recommendations for the enforcement of the norms of the Criminal Code. The following research methods were used to achieve the specified goals. The dialectical method of cognition made it possible to establish the norms of the Criminal Code of Ukraine, which provide for responsibility for medical offenses and to reveal the problems of their enforcement. The historical method made it possible to identify all normative acts that amended the norms of the Criminal Code, which provide for liability for medical offenses. The dogmatic method made it possible to clarify the true content of such concepts as "order of application of transplantation", "activity connected with transplantation", " substantial harm to the victim's health", etc. The systemic-structural method was used to analyse such evaluative concepts as "damage to the victim's health", " substantial damage to the victim's health", "severe consequences", etc., which are used in many provisions of the Criminal Code and are interpreted in different ways in judicial practice. The comparative legal method was used to compare the regulatory national legislation of Ukraine in the field of medical care and the relevant norms of the Criminal Code of Ukraine. The conducted research gave grounds for the conclusion that socially dangerous consequences in the form of "substantial harm to the victim's health", which are provided for in Part 1 of Art. 143 of the Criminal Code, cover the infliction of light physical injuries on the victim that caused a short-term health disorder or minor loss of working capacity, moderate physical injuries, severe physical injuries, as well as infection with the human immunodeficiency virus or other incurable infectious disease. At the same time, negligently causing the death of a recipient during an illegal transplantation requires additional qualification under a set of criminal offenses. The revealed cases of arbitrary and sometimes unsystematic use of different evaluation concepts of harm to human health in the norms of the Special Part of the Criminal Code point to the urgent need for unification in the criminal legislation of Ukraine, both the concept of "harm to health" and the normative consolidation of its types.

Author Biographies

Serhii Grynchak, Yaroslav Mudryi National Law University

Associate Professor of the Department of Criminal Law No. 1

Alla A. Grynchak, Yaroslav Mudryi National Law University

PhD in Law, Associate Рrofessor of State Building Department


About Registered Criminal Offenses and the Results of their Pretrial Investigation. Retrieved from:

Havronyuk, M.I. (May 25, 2021). Criminal offenses against public health: statistical surprises. Criminal Offenses Against Public Health in the draft Criminal Code of Ukraine: scientific and practical materials webinar. Kharkiv: Pravo.

Myslyva, O.O. (2019). Criminal Law Characteristics and Prevention of Illegal Activities in the Field of Transplantation. Dnipro: Dniprop. state University of Internal Affairs Proceedings of the National Academy of Sciences.

Topchii, V., & Zherzh, L. (2022). Directions for the reform of ukrainian criminal legislation in the field of transplantation of human anatomical materials. Scientific Works of National Aviation University. Series: Law Journal "Air and Space Law", 1(62), 191-199.

Baulin, Yu., Rohozhyn, B., & Vyshnevska, I. (2019). Legal regulation of professional obligations of physicians in Ukraine. Wiadomości Lekarskie. 72(9), 1839-1843.

Tiutiuhin, V.I., Baida, A.O., & Bazeliuk, V.V. (2020). Legal restrictions on medical intervention during operation on female genitalia for non-medical purposes. Wiadomości Lekarskie, 73(12/2), 2909-2914.

Tatsiy, V., Gutorova, N., & Pashkov, V. (2017). Legal aspects of cancer deseases prophylactics: patients’ rights context. Wiadomości Lekarskie, 70(6/1), 1108-1113.

Ponomarenko, O.M., Ponomarenko, Y.A., & Ponomarenko, K.Y. (2020). Legal regulation of surrogacy at the international and national levels: optimization of permissions, prohibitions and liability. Wiadomości Lekarskie, 73(12/2), 2877-2881, 1108-1113.

Borysov, V.I., Antoniuk, O.I., & Pashchenko, O.O. (2020). Peculiarities of legal responsibility for offenses in the field of clinical trials of medicines. Wiadomości Lekarskie, 73(12/2), 2833-2839. 10.36740/WLek202012222.

Iemelianenko, V.V., Gornostay, A.V., & Yevdokimova, O.V. (2021). Deprivation of reproductive right of sex offenders: social opinion and legislative regulation. Wiadomości Lekarskie, 74(11/2), 2928-2933.

Zabuha, Y.Y., Mykhailichenko, T., & Osadcha, A. (2022). Public health vs. medical exploitation as a type of human trafficking. Wiadomości Lekarskie. 75 (12), 3128-3134.

Mykhailichenko T., Zabuha Yu., Babanina V., & Syiploki M. (2022). Protection of the Right to Health During the Period of Armed Conflict: The Experience of Ukraine. Access to Justice in Eastern Europe. Special Issue, 4-2(17), 66-81.

Grynchak, S.V. (2021). Criminal liability for illegal transplantation: past, present, future. Legality Issues, 154, 244-256. 10.21564/2414-990X.154.239077.

Navrotsky, V.O. (2020). Cross-cutting and separate concepts of the criminal law of Ukraine. Law of Ukraine, 2, 81-86.

Zherebkin, V.E. (1976). Evaluative Concepts of Law. Kharkiv: KhLI Publishing House.

Tatsii, V.Ya. (Ed.). (2017). Great Ukrainian Legal Encyclopedia. (Vols. 1-20). Vol. 17: Criminal Law. Kharkiv: Pravo.

Panov, M.I. (2016). Evaluative concepts: methodological aspects of research and application in criminal law. Bulletin of the Criminal Law Association of Ukraine, 2(7), 1-27.

Orobets, K. (2021). Evaluative concepts in criminal law: an axiological approach. Jurnalul Juridic National: Teorie şi Practică, 1(46), 63-68.

Kosovych, V.M. (2004). Evaluative concepts as a source and form of law. Visnyk of the LvivUniversity. Series Law, 40, 52-59.

Us, O.V. (2018). Qualification of a crime, which contains the estimated sign. Kherson State University Herald. Series "Legal Sciences", 2(2), 63-67.

Khimyak, Y. (2011). Evaluative concepts of criminal law and the requirement of legal certainty in the decisions of the European Court of Human Rights. Journal of the National Prosecution Academy of Ukraine, 2, 65-70.

Judgment in the case "Lijvik v. Estonia" of June 25, 2009: communiqué of the European Court of Human Rights. Retrieved from

Katerynchuk, K.V. (2019). Criminal-Legal Protection of Personal Health: Doctrinal, Legislative and Law-Enforcement Problems. Doctoral (Law) Thesis. Irpin: State Fiscal Service University of Ukraine.

Tatsii, V.Ya., & Ponomarenko, Yu.A. (2022). Object of a criminal offense. Bulletin of the Criminal Law Association of Ukraine. Kharkiv, 2(18), 207-210.

Draft new Criminal Code of Ukraine. Retrieved from

Brych, L.P. (2009). Distinguishing the components of crimes, the common feature of which are socially dangerous consequences in the form of harm to human health. Lviv: Lviv. State University of Internal Affairs.

Dictionary of the Ukrainian Language. (1974). (Vols. 1-11). Vol. 5, 536. Retrieved from:

Melnyk, M.I., & Havronyuk, M.I. (Eds.). (2012). Scientific and practical commentary on the Criminal Code of Ukraine. Kyiv: Yuridychna Dumka.

Dudorov, O.O., & Pysmenskyi Ye.O. (Eds.). (2013). Criminal Law (Special Part). 2nd ed. Kyiv: PH "Dakor".

Zinchenko, I.O. (2019). Qualification of criminal offenses against the life and health of a person. Kharkiv: Pravo.

Resolution of the Supreme Court dated June 21, 2022 in case No. 171/869/21, proceedings No. 51-838км22. Retrieved from

Scientific and practical commentary to the Criminal Code of Ukraine: According to the state of the legislation and resolutions of the Plenum of the Supreme Court of Ukraine. (December 1, 2001). (2002). Kyiv: A.S.K.

Resolution No. 7 of PVSU "On the practice of applying legislation by courts of Ukraine in cases of crimes against production safety". (June 12, 2009). Bulletin of the Supreme Court of Ukraine,8, 15.

Law of Ukraine No. 2427-VIII "On the application of transplantation of anatomical materials to humans". (May 17, 2018). Official Bulletin of the Verkhovna Rada of Ukraine, 28, art. 377. Retrieved from

Council of Europe Convention against Trafficking in Human Organs. Details of Treaty No. 216. Santiago de Compostela, Retrieved from



How to Cite

Grynchak, S., & Grynchak, A. A. (2024). Novelization of the provisions of the criminal legislation of Ukraine, which provide for liability for medical crimes and misdemeanors: issues of interpretation and enforcement. Problems of Legality, (164), 173–198.