Yarovenko V.V. On the issues of the notion and qualifying factors of permanent disfigurement of the face

Abstract: The article examines the qualifying factors of inflicting a severe harm to a person's health - a permanent disfigurement of the face, which does not necessarily pose a serious threat to the subject's health in form of preventing them of being able to perform day-to-day duties or a complete loss of ability to perform work functions. The author notes that the proposal of some scholars to introduce criminal responsibility not only for disfigurement of the face, but also any other part of the body, is rather controversial, as face is an exposed part of the human body and is a part of forming a perception about them and can often invoke a negative reaction towards them. The proposed amendments place the face in the same position as other parts of the body. The author believes that in resolving such matters on the disfigurement of the face it is necessary to consider the victim's perception of beauty, as well as their national anatomic features as a whole: gender, age, type of activities, etc. As a solution to this problem, a proposal is made to allow the prosecutor to request an aesthetic examination, entrusting the task to portrait artists or specialists in the area of visual arts, who would provide the criteria on the presence or absence of disfigurement of the face, taking into account the national features and perceptions on beauty and uniqueness.

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