Subot N. Criminological principles of combating smuggling of transplant organs and other human anatomical materials

The author proposes a periodization of the historical development of crime in the field of transplant organ smuggling in Ukraine, identifying three key stages: 1) Formation (1991–2000): the period of establishment of crime in the field of illegal organ transplantation after Ukraine gained independence. 2) Criminalization (2001–2019): a stage characterized by the introduction of criminal liability for violations of the legal order of transplantation. 3) Modern stage (from 2019): a period of significant changes in legislation and the creation of a Unified State Information System for organ and tissue transplantation. The dissertation examines in detail the legal aspects of the problem, including an analysis of national and international legal norms. Particular attention is paid to defining the concept of criminal offense and its constituent elements in the context of smuggling transplant organs and other human anatomical materials. The author conducts a thorough analysis of the object, subject, objective, and subjective aspects of this type of criminal offense. Specifically, it is determined that the direct object is the order of movement of transplant organs and other anatomical materials across the customs border of Ukraine to ensure public health protection. It is emphasized that the subject of the criminal offense includes all human anatomical materials, including organs, tissues, and fetal materials. The work also examines the socio-economic consequences of human and organ trafficking, analysing mechanisms to combat this phenomenon, particularly using information and communication technologies. The dissertation contains an in-depth analysis of the concept of crime as a form of socially dangerous behaviour. The author highlights the main characteristics of crime, including its objective danger, antisocial nature, integrity, dynamism, and spread in space and time.