Criminal and legal responses to violations of bioethical standards in medicine: challenges for legal policy in the 21st century

Анотація

Background. The article proves that the relevance of the topic is due to the rapid development of biomedicine, the introduction of the latest medical technologies, the expansion of clinical trials, transplantology, assisted reproductive technologies, and the use of artificial intelligence in medicine, which significantly complicates the task of ensuring an appropriate balance between scientific progress, the protection of human rights, and public interests. In such conditions, violations of bioethical standards acquire not only medical and legal significance, but also criminal significance. Objective of the review: to provide a comprehensive scientific and legal analysis of the mechanisms of criminal law response to violations of bioethical standards in the field of medical practice, taking into account the current challenges and trends in the development of legal policy in the 21st century, as well as to develop theoretically sound and practically oriented recommendations for improving criminal legislation and law enforcement practices in this area. Analysis of literary data. The materials of the study are based on a methodological foundation formed by an integrated system of general scientific, special legal and interdisciplinary methods of scientific knowledge, the use of which is determined by the complexity of the problems of criminal law response to violations of bioethical standards in the field of medical practice. Particular attention is paid to the analysis of criminal offenses related to illegal medical interventions, violations of the procedure for conducting clinical trials, organ and tissue transplantation, manipulation of reproductive material, as well as forced or uninformed medical procedures. The need for improving criminal legislation and law enforcement practices, taking into account bioethical approaches, international standards, and the modern challenges of the 21st century, is justified. Conclusions. It is summarized that the effectiveness of criminal law response to violations of bioethical standards can be ensured only under the conditions of implementation of a comprehensive legal policy that provides for a combination of preventive tools, coherent regulatory frameworks, and guaranteed protection of the rights and legitimate interests of both patients and medical professionals.

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