OPTIMISATION OF THE PROCESS OF INVESTIGATING THE IMPROPER PERFORMANCE OF PROFESSIONAL DUTIES BY A MEDICAL OR PHARMACEUTICAL PROFESSIONAL

Abstract

The article examines the criminal liability of medical professionals for breach of professional duties under Article 140 of the Criminal Code of Ukraine. According to this article, medical and pharmaceutical professionals may be held criminally liable for improper performance of their duties, which led to serious consequences for patients. In the context of the growing number of medical offences, the issue of effective investigation of such crimes is of particular relevance. The purpose of the article is to comprehensively study the process of investigation of crimes under Article 140, and to develop practical recommendations for improving this process. The analysis of Ukraine's legal framework reveals significant problems, including the complexity of evidence collection, medical ethics and the lack of clear methodological approaches. The author notes that medical professionals are rarely prosecuted, and the number of convictions is minimal. This is partly due to the high level of latency of such crimes and difficulties in collecting evidence. The article analyses in detail the stages of pre-trial investigation and trial, as well as the specifics of evidence collection, such as medical records, witness interviews and forensic examinations. It is found that these processes are complicated by the lack of knowledge of investigators in the medical field, as well as by ethical standards that can make it difficult to objectively assess the actions of medical professionals. The research methodology includes legal, comparative legal and statistical analysis. The results emphasise the need to improve methodological approaches and professional training of investigators to ensure effective investigation of medical crimes. It is also important to ensure access to medical documents and eliminate problems related to the legal qualification of medical actions, which will help to increase the level of legal responsibility of medical professionals and protect the rights of patients.