CRIMINAL OFFENCES RELATED TO ILLICIT TRAFFICKING IN FALSIFIED MEDICINES: INVESTIGATION PROBLEMS.

OBJECTIVE: The aim: Formulate recommendations for improving the efficiency of detection and investigation of trafficking in falsified medicines, application of criminal¬istics knowledge. To analise the contemporary condition and the latest trends in combating this type of crimes and to justify the need for creation of a complex criminalistic methodic investigation. PATIENTS AND METHODS: Materials and methods: Аnalysis of the applicable laws governing trade in medical products in Ukraine; judgments of courts of Ukraine for the period from 2013 to 2022; results of generalization of 128 criminal proceedings; active employee survey results (205 respondents) etc. Over the course of the present research, we have used general scientific and specialised research methods. RESULTS: Results and Conclusions: Increasing the effectiveness of combating the illegal circulation of falsified falsified medicines is a complex problem that encompasses a whole system of directions, requiring the combined efforts of international bodies and organizations, various scientists. One of the priority directions for the introduction of an effective mechanism for combating the distribution of falsified medicines is the development of a complex criminalistic methodic investigation.

FALSIFICATION OF MEDICINES AND DISTRIBUTION OF FALSIFIED MEDICINES IN UKRAINE: CRIMINALISTIC MEANS OF DETECTION AND COUNTERACTION.

OBJECTIVE: The aim: To formulate criminalistic recommendations to increase the effectiveness of combating falsification and contribution of falsified medicines. To accomplish analyze of the current state and trends in combating this criminal offense, to create the basis of criminalistic characteristics and methods of their investigation, taking into account the results of the generalization of judicial investigative practice and foreign experience. PATIENTS AND METHODS: Materials and methods: The examine and analysis of results and generalization of 128 criminal proceedings of such criminal offenses, court decisions for the period 2012- 2020; questionnaires of practical workers (205 people); results of generalization and analysis of published materials of investigative and judicial practice; foreign experience in combating falsification of medicines, etc. In the process of conducting this research, general scientific and special research methods were also used. RESULTS: Results: Based on the results of the generalization of investigative and judicial practice, a criminalistic description of falsification and contribution of falsified medicines in the form of descriptive and statistical information model has been developed, its elemental composition was determined and analysed. Reasonable that in theoretical terms criminalistic characteristics are the basis for building appropriate criminalistic methods, and in practical terms is considered as a kind of guideline that can be successfully used by investigators in the conduct of specific criminal proceedings, which allows choosing the most effective directions and means of investigation. CONCLUSION: Conclusions: One of the priority areas of research in criminalistics is the development of criminalistic characteristics and basics of investigation methods of falsification and contribution of falsified medicines, which must be carried out on the basis of the modern general theory of criminalistics, current legislation and practice, results of generalizationand analysis of investigator of judicial practice and foreign experience.

EVIDENCE-BASED MEDICINE AS PATIENT'S PROTECTION MEASURE IN JUDICIAL PRACTICE.

OBJECTIVE: The aim: To identify the role of evidence-based medicine, its principles and approaches to patients' rights protection and the provision of medical service optimization, the skills of medical staff improvement, increasing the objectivity of court decisions in cases of non-providing quality care or death. PATIENTS AND METHODS: Materials and methods: The authors used the decisions by the European Court of Human Rights (ECtHR) on the statements of victims of unprofessional actions by doctors, international and domestic regulations on patients' rights, statistics on the results of criminal proceedings on violations of patients' rights over the past 5 years, case law of criminal and civil jurisdiction in this category of cases, the results of surveys of prosecutors, as well as the results of research by scientists in the field of medical law and criminalistics. The research is carried out on the basis of a harmonious combination of philosophical approaches, general scientific and special methods of scientific knowledge, the complex of which is chosen taking into account the goals and objectives, object and subject of research. CONCLUSION: Conclusions: In order to implement the patients' rights by legal means in accordance with the Convention for the Protection of Human Rights and Fundamental Freedoms, the European Charter of Patients' Rights and other international regulations in the field of medicine, the authors argue the need for greater implementation of evidence-based medicine into the practice of medical institutions as a means of improving the level of medical care and an obvious source of relevant information for litigation to protect the rights of patients and doctors. For patients' rights protection in the diagnosis and treatment of diseases, it is proposed to regulate a set of such measures: 1) to include in the educational programs of pharmacy and medicine such disciplines as «Evidence-Based Medicine¼ and «Rights of the patient and medical worker's rights¼; 2) to oblige the doctor to explain to the patient or to his/her representative the differences of treatment protocols, to provide information to patients about official sources, which contain information on unified and updated treatment protocols and diagnosis of certain diseases, to obtain informed consent by the patient (his/her representative) on certain medical guideline; 3) to recognize medical guidelines as sources of law in criminal and civil proceedings as a kind of benchmarks for clarifying and assessing the facts of non-performance or improper performance of professional duties by a medical or pharmaceutical worker, violation of patients' rights, as well as means for doctors' legal protection and etc.