Social and criminological factors in the introduction of criminal liability for disclosure of medical secrets

Abstract

The article examines the social and criminological factors of criminalization of disclosure of medical secrets. Social factors show that criminalization of unlawful disclosure of medical secrets is in line with the main trends of state and public. The social factors are also determined by the importance of relations that ensure the protection of information on the health status of a person, the intimate and family aspects of his/her life. It is found that scientific and technological progress in medicine gives rise to new phenomena that require their own ethical guarantees. Of particular importance is the secrecy of such medical procedures as sex reassignment, artificial insemination, transplantation, etc. However, in our country, since independence, some negative aspects of the health care system have remained unchanged, having been preserved from the Soviet era. Such manifestations include authoritarianism in the relationship between doctor and patient and, as a result, the disregard for the rights of the latter, irresponsibility of medical staff, and declarative nature of the vast majority of of legal norms. When establishing the criminological factors that influenced the establishment of criminal liability for unlawful disclosure of medical secrets, the social danger of such an act, its prevalence and level of level of latency. It is concluded that the high degree of public danger of disclosure of medical secrets is evidenced by the legislator’s provision of liability for this act in Section II of the Special Part of the Criminal Code of Ukraine “Criminal Offenses against of the Criminal Code “Criminal offenses against life and health of a person”. Accordingly to Article 3 of the Constitution of Ukraine, a person, his or her life and health, honor and dignity are recognized in Ukraine as the highest social value. It is substantiated that the social danger of an of an act is not limited to the importance of the social relations which it encroaches upon, and it is necessary to establish the consequences which may be caused by such encroachment. In Article 145 of the Criminal Code, the legislator has provided for liability for unlawful disclosure of medical secrets if it has caused serious consequences. However the law does not stipulate what kind of consequences should be classified as grave, i.e. this concept is evaluative. It has been proven that such consequences can be significant harm to health, as well as moral harm. It is established that the criminal offense under study is not widespread and has a significant level of latency.