Правовые основания уголовной ответственности за неоказание помощи больному

Abstract

Relevance. Dangerous violations of sectoral medical law, regulated by a number of federal laws, should be protected by the norms of criminal law. At first glance, this is true, but a detailed analysis of regulatory and protective legislation indicates a significant inconsistency in the issues of liability for defects in the provision of medical care, especially specialized in terms of non-provision of narcological, psychiatric, palliative care. The purpose is to substantiate the need to develop regulations for the responsibility of medical workers as a prerequisite for the qualitative application of criminal law norms. Objectives to determine the contradictions of sectoral and criminal legislation; to indicate the technical and legal errors of Article 124 of the Criminal Code of the Russian Federation, to provide criteria for understanding the objective side and signs of the subject of the crime. The research methodology is based on the general principles of scientific knowledge: determinism, conformity and complementarity. Methods of systematic interdisciplinary analysis and synthesis using general philosophical methods of induction and deduction are also used. Results. The scope of the concept of "medical care" in the signs of a crime provided for in Article 124 of the Criminal Code cannot be limited by the law enforcement officer, either depending on the types of medical care, or the conditions of its provision, or the forms. Therefore, liability under this norm may occur if medical care is not provided in emergency and urgent forms, as well as if the procedure for providing medical care is violated in the event of the occurrence of the consequences specified in the law. Signs of violations of the provision of medical care, persons responsible for these violations, as well as the legal consequences of violations should be developed within the framework of liability regulations. Conclusion. The implementation of Article 124 of the Criminal Code of the Russian Federation in practice is currently somewhat intuitive, which is due to internal contradictions of medical and criminal legislation.