Impact of criminal law measures on combating the spread of infectious diseases

It was established that criminal law measures to influence the spread of contagious diseases are ineffective. The provisions provided for in the Criminal Code of Ukraine, namely Articles 130, «Infection with the human immunodeficiency virus or another incurable infectious disease,» and 133, «Infection with a venereal disease,» are outdated due to the development of medical science. Such criminal law regulation hinders the effective treatment and prevention of HIV and other infectious diseases. In addition, in many cases, such criminal law measures lead to the violation of human rights. Attention is drawn to the fact that Ukraine’s normative legal acts in the field of health care and the World Health Organization documents do not lack the concepts of «incurable disease» and «venereal disease.» Considering this, applying criminal law norms in which such terminology is used is impossible without violating the principle of legality. Based on the study of scientific research in the field of prevention and treatment of infectious diseases, as well as documents of international organizations operating in this area, it was concluded that the said criminal law measures are not only unable to have a positive effect on combating the spread of infectious diseases but also lead to an increase in morbidity. The reason for this is the reluctance of representatives of social groups with a high risk of HIV infection to undergo testing and timely antiretroviral therapy. In addition, people with health problems that are outwardly similar to sexually transmitted diseases, in many cases, avoid contacting health workers and self-medicating, including the uncontrolled use of antimicrobial drugs. The consequence of such behavior is the spread of these infectious diseases and the risk of developing resistance to antimicrobial drugs, which poses a significant threat to epidemic safety. Decriminalization of exposure to the risk of HIV infection and infection with a venereal disease, as well as the elimination of inconsistencies between criminal law and legislation in the field of health care, will contribute to the protection of human rights and will have a positive impact on epidemic safety.