CONTEMPORARY ISSUES OF THE ILLEGAL CIRCULATION OF HUMAN ORGANS OR OTHER OBJECTS DEEMED EQUIVALENT THERETO UNDER THE CRIMINAL CODE

Abstract

This article is devoted to a comprehensive study of the issues of criminal-legal regulation of the illegal circulation of human embryos, foetuses, human or cadaver cells, tissues, organs, biological materials, or bodily fluids.

The aim of the study is to identify the theoretical and practical issues arising from Article 183 of the Criminal Code of the Republic of Armenia, to assess the compliance of its provisions with contemporary criminal-legal policy and international legal standards, and to propose avenues for legislative improvement.

In the course of the study, both general scientific and special research methods were employed, including analysis, synthesis, generalization, comparative legal analysis, logical analysis, systems-structural analysis, and legal modelling.

The article comprehensively examines the issues relating to the object, objective side, subject, and subjective side of the corpus delicti, as well as the specific features of the criminal-legal assessment of the illegal circulation of human organs. It is substantiated that the current regulation does not fully reflect the graduated differences in the degree of public danger of the criminal conduct and, in certain cases, is inconsistent with the immediate object of criminal-legal protection. As a result, a new structure of Article 183 of the Criminal Code of the Republic of Armenia is proposed, based on the nature of the subject matter of the offence, the degree of public danger, unlawfulness, and the principle of differentiation of the protected legal interests.

The research findings may contribute to the improvement of national criminal legislation, the effective implementation of international obligations undertaken by the Republic of Armenia, and the harmonization of law enforcement practice.