The ruling was issued in a case related to the activities of “Alternativa Clinic.” Law enforcement agencies are investigating possible violations related to the provision of assisted reproductive services and the illegal conduct of business activities.
The defense challenged Article 241 of the Criminal Code (on the illegal conduct of business activities), arguing that the provision is insufficiently clear in situations where the permits required for medical practice are effectively impossible to obtain due to the absence of functioning administrative procedures.
The Constitutional Court, however, concluded that the provision is predictable.
The private clinic “Alternativa Clinic” provides assisted reproductive services, including in vitro fertilization (IVF). According to the investigation, some of the clinic’s activities may have been carried out without all the permits required by law. Consequently, representatives of the clinic were charged with illegal business activities and other criminal offenses related to the handling of human tissues and cells.
The defense challenged the relevant regulations, but the Constitutional Court ruled that they met the requirements of legal certainty and upheld the existing regulations.
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