ILLEGAL TRADE IN HUMAN BLOOD: PROBLEMS OF LEGAL QUALIFICATION

Abstract

The article is devoted to the study of the problems of legal qualification of
illegal blood trade. Blood and its components are anatomical materials and can be
recognized as the subject of the crime provided for in Part 4 of Art. 143 of the
Criminal Code of Ukraine. The subject of this crime is general. Trafficking in blood
by a non-specialist subject is a criminal offense. In the case of a violation of the
procedure established by law for the sale of blood by a special subject - an official
of a subject of the blood system or a health care institution, such actions are
subject to qualification under Art. 45-1 of the Code of Administrative Offenses.
Illegal blood trade is a socially dangerous act, it creates risks for public health
(due to the uncontrolled circulation of this anatomical material and the
impossibility of taking sufficient measures to prevent the transmission of
infectious diseases). Countering these actions is in line with Ukraine's
international obligations.