Abstract
The purpose of the study is a comprehensive analysis of the issues of the application of criminal liability as a means of countering violations of sanitary and epidemiological rules in a pandemic. The main idea of the study: the validity and expediency of amending the criminal legislation of the Russian Federation establishing punishment for violation of sanitary and epidemiological rules and criminalization of the spread of an infectious disease. A methodological toolkit is a set of methods, means and techniques with the help of which the criminalization of violations of sanitary and epidemiological rules in a pandemic is substantiated. The following methods were used in the work: hypothetical-deductive; dogmatic (formal legal analysis); description; comparative. The result of the work is the provision that in a pandemic, a necessary condition for ensuring national security seems appropriate to criminalize the spread of infectious diseases that pose a danger to others, which will make it possible to prosecute people who, deliberately or through negligence, have committed infecting a disease included in the category of dangerous to others. These recommendations are due to the noted problems in science and practice, including the results of comparative legal analysis. The novelty of the research lies in the substantiation of amending the criminal legislation of the Russian Federation by federal law. The amendments introduce stricter types of punishments, establish responsibility for the threat of a mass disease or people intoxication, and additions have been made in the form of a third part which provides for liability for violation of sanitary standards that inadvertently entailed the death of two or more people. The peculiarities of bringing to criminal responsibility for similar acts in certain foreign countries are also considered. There is a tendency to classify such crimes as terrorism-related.
Highlights
The purpose of the study is a comprehensive analysis of the issues of the application of criminal liability as a means of countering violations of sanitary and epidemiological rules in a pandemic
In the context of Article 236 of the Criminal Code of the Russian Federation, a human disease characterized by a severe course, a high level of mortality and disability, a rapid spread among a significant number of the population in a certain territory, when the average incidence of this disease is exceeded, should be understood as a mass disease
In connection with the critical epidemiological situation in the country, cases of initiation of criminal cases under Part 1 of Article 236 of the Criminal Code of the Russian Federation in relation to individuals who do not possess the characteristics of a special subject
Summary
The purpose of the study is a comprehensive analysis of the issues of the application of criminal liability as a means of countering violations of sanitary and epidemiological rules in a pandemic. The most classical definition of a “pandemic” is given in the Great Medical Encyclopedia, where a “pandemic” (pandemia; from the Greek pandemia, i.e. the people as a whole) is an unusually strong epidemic spreading over the territory of countries, continents; it is the highest degree of development of the epidemic process [1] For these purposes, the Federal Law of April 1, 2020 No 100 was prepared and adopted which amended the Criminal Code of the Russian Federation aimed at protecting citizens from the threat of the spread of infectious diseases. The legislator strengthened the punishment in Parts 1 and 2 of the specified article, included responsibility in cases of a threat of a mass disease or people intoxication, and introduced Part 3 which determines the punishment from 5 to 7 years in prison for violation of sanitary and epidemiological norms that by negligence caused the death of two or more people
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