In the dissertation the author has improved theoretical provisions of criminal law in the part of responsibility for causing bodily injuries, and has elaborated possible directions of improvement of articles 121-125, 128 of the Criminal Code of Ukraine and relevant law enforcement practice.
In particular he has stated that the stipulated in Art. 3 of the Constitution of Ukraine the provision on the recognition of human health as one of the highest social values in the state has been reflected in domestic legislation, any violations of which are recognized as crimes and criminal misdemeanors within Section II of the Special Part of the Criminal Code of Ukraine. This is due to the fact that the encroachment of a person’s life and health will always be recognized in any country. One of them are crimes related to the infliction of bodily harm (Articles 121-125, 128 of the Criminal Code of Ukraine), the modern practice of which is characterized by a decrease in both the indicators of recorded criminal proceedings and convicted persons.
Articles 121-125, 128 of the Criminal Code of Ukraine are defined by the legislator as crimes with material composition, the consequences of which are determined in most cases according to the Order of the Ministry of Health of Ukraine No. 6 of January 17, 1995, which approved the Rules of forensic assessment of the bodily injuries gravity degree. This normative legal act for more than twenty years of its application has never been amended or supplemented, despite the significant progress in the development of the human sciences which is one of problems of proper criminal legal protection of his/her health.
The Law of Ukraine No. 2227-VIII of December 6, 2017 "On Amendments to the Criminal and Criminal Procedural Codes of Ukraine in order to implement the provisions of the Council of Europe Convention on the Prevention Violence against Women and Domestic Violence and the Combatting these phenomena" Articles 121 and 123 of the Criminal Code of Ukraine on January 11, 201, have undergone significant changes, but the Convention, which was signed but not ratified by Ukraine, has become only one more problem of proper criminal legal protection of human body inviolability.
The dissertation is one of the first integrated monographic researches in the field of criminal law of Ukraine which deals with the problem of criminal liability for causing bodily injuries within Section II of the Special Part of the Criminal Code of Ukraine. As a result of the work the author has formulated the following conclusions and provisions that are put forward in defense, namely, it was first proved that the specific object of the crimes stipulated in Articles 121-125, 128 of the Criminal Code of Ukraine are public relations providing for the protection of the person's health, and the main direct object are social relations that ensure the protection of human body inviolability. On the basis of the study of legal practice materials the author has found that crimes stipulated in Articles 121-125, 128 of the Criminal Code of Ukraine can be committed only by way of action, while inaction indicates the consequences or method of committing other crimes, even in the legislative indication of acts in parts of other these articles. In pursuance of the Council of Europe Convention on the Prevention Violence against Women and Domestic Violence the author has proposed to establish criminal liability at the level of qualified components for grave and moderate gravity of a bodily injury caused by sexual affiliation.
The dissertation has improved the doctrinal position regarding the expediency of exclusion from Art. 121 of the Criminal Code of Ukraine mutilation of genital organs as a possible consequence of severe bodily harm; the provisions of the criminal legal science as to the expediency of conducting constant searches for improving the criminal and legal provision of human life and health; it has got further development of the situation regarding the criteria for distinguishing between crimes stipulated in Articles 121-125 128 of the Criminal Code of Ukraine, on related offenses, criminal offenses and administrative offenses, primarily on the basis of such features as the consequences, the amount and type of punishment for their commitment; the assertion that the signs of specific components of crimes can be disclosed in other normative legal acts (blanket criminal legal dispositions), the level of which should be according to the law, and therefore rules of forensic assessment of the severity of bodily injuries need to be improved.
