О разграничении составов преступлений, предусмотренных статьями 109, 118 и 238 УК РФ, в применении к медицинским работникам: сравнительно-правовой анализ

Abstract

Introduction. The relevance of the study is dictated by the need to solve the problem of qualification of the acts of medical workers in their professional activities in accordance with Articles 109, 118 and 238 of the Criminal Code of the Russian Federation, based on the elements of the corpus delicti. The article examines the features of the elements of the corpus delicti provided for by the above articles of the Criminal Code of the Russian Federation concerning medical workers, indicates the signs of their similarities and differences in these compositions, gaps in current legislation and shortcomings of normative regulation of medical activities, which are the cause of mistakes of law enforcement officers in the qualification of crimes.
 The purpose of the study is to analyze these gaps and shortcomings and to give proposals for solving these problems.
 Methods. General scientific dialectical and formal-logical methods are used in the study. 
 Results. The results of the study show that, despite the solid judicial practice concerning elements of crimes under consideration, law enforcement officers are far from a unified approach in applying Articles 109, 118 and 238 of the Criminal Code of the Russian Federation when qualifying the acts of medical workers in the process of their professional activities. The authors have proposed several ways of solving the problems of incorrect qualification of these acts according to the Article 238 of the Criminal Code of the Russian Federation.