SOCIAL CONDITIONALITY OF CRIMINAL LIABILITY OF CRIMES AGAINST PERSON’S HEALTH

INTRODUCTION Development of Ukraine as sovereign, independent, democratic, social and law-governed state requires regulation of certain public relations through the prism of law. It is the adoption of criminal-legal norms that is the evidence of the fact that the state, from the point of view of social necessity, makes decisions to impose some socially dangerous bans. The first step (stage) of criminal-legal norm “birth” is its conditionality, namely, factors being the recondition of further criminalization of one or another action, resulted in appropriate consolidation of the norm in regulatory legal act such as the Criminal Code of Ukraine. Legal imposition of new criminal-legal bans has to be reasonable, scientifically justified and meets the needs of society development 1 . A mechanism of social conditionality of law includes the following stages: – Emergence of the necessity to regulate certain relations legally; – Public opinion formation and the activity of state competent authority on legal norm adoption – law-making activity. That is why “... one should understand under the social conditionality of law the compliance, adequacy of law to public relations regulated, its ability to reflect objective needs of public life. The property of social conditionality of law is expressed in the fact that, first of all, the law should be a dynamic system, reacting tactfully to the changes in social reality” 2 . For example, M. J. Korzhansky stated that “social conditionality of criminallegal protection is determined, in general, by social worth of public relations, economic factors and by the efficiency of legal protection” 3 .