The dissertation carried out a comprehensive special scientific study on the criminal legal characteristics of all possible types of crimes related to illegal transplantation, as well as the development on this basis of an integrated system of measures to prevent these criminal acts. Views are presented on the current state, development and prospects of criminal law protection in the field of transplantation in the context of international and national legislation. New provisions are submitted for consideration, which can serve to further the development of the science of criminal law.
The genesis, origins, and (based on the analysis of historical sources of national legislation regarding the criminal legal protection of anatomical materials) the periodization of the formation and development of legislative regulation of criminal liability for illegal transplantation of human anatomical materials are highlighted.
The analysis of the theoretical and methodological foundations of the study provided an opportunity to carry out an author's interpretation of the concept of crimes related to illegal transplantation, which should be understood as socially dangerous guilty acts provided for by the Criminal code of Ukraine, committed by the subjects of crimes in the field of activities related to the seizure, transplantation, transportation, trade and any other circulation of human anatomical materials (including the manufacture of bioimplants), as well as non-compliance with the rules of control in this area, the social protection of the donor and other, accompanying previous or subsequent unlawful acts aimed at realizing a single need and the ultimate vested goal/motive for the removal or use of human anatomical materials.
On the basis of a study of the legislation of certain foreign countries (Belgium, Great Britain, Denmark, Spain, Germany, Sweden and the post-Soviet states) to establish criminal liability for crimes related to illegal transplantation, a comparative legal description of foreign experience in establishing sanctions for these criminal acts with domestic criminal legislation in this area was carried out. Using the positive foreign experience of criminal law protection of human anatomical materials, a number of changes have been proposed to the current criminal legislation of Ukraine and related to it in the field of transplantology.
The author analysed various scientific views on the question of clarifying the essence of the criminal legal characteristic of crimes and justifiably his own system of elements of the criminal legal characteristic of crimes related to illegal transplantation, which are proposed to include: (1) the public danger of this category of crimes as their material basis; (2) social conditionality of their criminal-legal prohibition; (3) all possible formulations of crimes and peculiarities of their qualification (application of a comprehensive approach to analysis of their objective and subjective characteristics); (4) qualifying and especially qualifying signs of the investigated crimes.
Attention is focused on the study of the public danger of crimes related to illegal transplantation and the social conditionality of their criminal prohibition. The author attributes public danger to a separate element of the criminal legal characteristic of this category of crimes, since a socially dangerous illegal act is a mandatory sign of the objective side of the crime, such as illegal transplantation, causes consequences that mainly cause irreparable harm to the health of the person. The damage from crimes in the field of transplantation consists of the consequences of death and mutilation of citizens of the country, so the cost of such crime is the physical destruction of the nation.
In carrying out the criminal legal characteristics of crimes related to illegal transplantation, these crimes are grouped into those that are by content: 1) directly provide for liability for illegal transplantation, that is, violation of the procedure established by law for transplantation of human anatomical materials (Article 143 of the Criminal Code of Ukraine) 2) have signs of other crimes that are auxiliary actions that create conditions for the commission of illegal transplantation or accompanying it (centuries. 115, 119, 121, 128, 137, 141, 142, 146, 149, 151 of the Criminal Code of Ukraine).
