Abstract
Considering the contemporary bioethical problems that have become aggravated in conditions of the new coronavirus pandemic (COVID-19), the author comes to the conclusion that their criminal-legal “dimension” is derived from positive regulation. Criminal liability for acts related to the use of new biotechnologies can be established only if they are “primary” prohibited in medical legislation. The assessment of the justification of the risks of medical intervention from the position of art. 41 of the Criminal Code of the Russian Federation is directly linked with the observance of the rules of medical care, which already contain acceptable risk limits. If at the level of primary positive regulation there is no required legal distinctness (as in the situation with the “collision of lives” of patients with the same medical indicators), then the corresponding bioethical problem cannot be resolved by criminal legal means.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
