Harm to health: challenges of definition (a review)

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Authors: Leonid A. Shmarov
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References: 1

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Abstract

Determining the severity of harm to human health is one of the core tasks in forensic medical examination across criminal, administrative, and civil proceedings. Previously, the term harm to health or its synonymous term bodily injury was defined in relevant regulatory legal acts. However, since September 1, 2025, no legal definition of harm to health has been provided in the applicable legislation. This situation raises several important questions, including the justification for removing the legal definition of the severity of harm, the selection of an appropriate term for use in current practice, and the absence of an official definition. In this context, it is necessary to determine which definition of harm to health should be applied in forensic medical practice or whether any of the existing definitions may be used. To address these issues, the article presents a historical, comparative, and logical analysis of existing interpretations of the concept of harm to health. It is substantiated that the current regulatory legal act governing the determination of severity of harm to human health should include a clear definition of this term. Thus, this review addresses a highly relevant issue, the need for a legally established definition of harm to health. It is of relevance to a wide range of stakeholders. The topic discussed has substantial practical implications.

Fields of Study & Subjects

Ukrainian Legal and Forensic Studies Criminal Law and Policy Medical Malpractice and Liability Issues

Publication details

Journal / source
Russian Journal of Forensic Medicine
Volume
12
Issue
1
Pages
63–72
Publication date
16 March 2026
Language
EN