Responsibility for Medical Crimes During the Birth and Heyday of the Russian Empire
( Pp. 433-437)
More about authors
Khamkov Maksim V.
Cheboksary Cooperative Institute (branch) Russian University of Cooperation
Cheboksary, Russian Federation
Cheboksary Cooperative Institute (branch) Russian University of Cooperation
Cheboksary, Russian Federation
Abstract:
Abstract: The recognition of medicine as one of the basic components of a developed state has led to a significant intensification of the legal regulation of the activities of doctors, including their responsibility, both for making mistakes and for intentionally causing harm. The period of the birth of the Russian Empire became the starting point for the systematic normative consolidation of the corresponding conceptual apparatus, the definition of lawful and criminal actions of medical personnel, as well as the establishment of criminal liability for unacceptable forms of behavior. A significant part of the legal sources of this era contains prototypes of modern provisions of the criminal law. In this connection, this article will conduct a comparative historical and legal study of the features of the legislative regulation of liability for medical crimes.
How to Cite:
Khamkov M.V. Responsibility for Medical Crimes During the Birth and Heyday of the Russian Empire // Gaps in Russian Legislation. 2023. Vol. 16. №5. Pp. 433-437. (in Russ.). EDN: BBFSQQ
Reference list:
On the punishment of healers for killing patients by intent and negligence: The Nominal decree of the state tsars and Grand Dukes John and Peter Alekseevich and the Boyar verdict of 4 March 1686 № 1171 // Complete collection of laws of the Russian Empire from 1649 – T. II. 1676–1688. – SPb., 1830. – Art. 1171.
The punishment unaware of Medical Sciences and ignorance using medications that cause death to patients: Boyarsky sentence of 14 February 1700 № 1756 / Complete collection of laws of the Russian Empire from 1649 – T. IV. 1700–1712. – SPb., 1830. – Art.1756.
Military Regulations: decree the state of the king and the Grand Duke Peter of March 30, 1716 / Complete collection of laws of the Russian Empire from 1649 – T. V. 1713–1719. – SPb., 1830. – Art. 5006.
Statutes of the Sea: the state decree of the king and the Grand Duke Peter of 13 January 1720 / Complete collection of laws of the Russian Empire from 1649 – T. VI. 1720–1722. – SPb., 1830. – Art. 5485.
On the establishment of the cities in pharmacies under the supervision of the Medical Board, as touching the ministering to Priiskovaya medicines in the Provinces, and of being under the supervision of the Board of the aforementioned hospitals: decree of the state of the king and the Grand Duke Peter of 14 August 1721 / Complete collection of laws of the Russian Empire from 1649 – T. VI. 1720–1722. – SPb., 1830. Art. St. 3811.
Code of medical Institutions and Charters on the civil part // The Code of Laws of the Russian Empire. – Art. Petersburg, 1832. – T. XIII. – Part 3.
The Code of Criminal and Correctional Punishments of 1845. – St. Petersburg: Printing house of the second department of His Imperial Majesty's own Chancery, 1845. – 898 p.
The Criminal Code of the Russian Federation № 63–FZ of 13 June 1996: adopted by the State Duma of the Russian Federation on 24 May 1996: approved by the Federation Council of the Federal Assembly of the Russian Federation on 5 June 1996 // Collection of Legislation of the Russian Federation. – 1996. – No. 25. – Art. 2954.
The Code of Criminal and Correctional Punishments of 1866: from supplement to January 1, 1876 / Comp. prof. S.N. Tagantsev. – 2nd ed., reprint. and additional. – St. Petersburg: type. M.M. Stasyulevich, 1876. – 726 p.
The Code of Criminal and Correctional Punishments of 1885 / Comp. prof. S.N. Tagantsev. – 9th ed., revision. and supplement. – St. Petersburg.: type. M.M. Stasyulevich, 1898. – 918 p.
The punishment unaware of Medical Sciences and ignorance using medications that cause death to patients: Boyarsky sentence of 14 February 1700 № 1756 / Complete collection of laws of the Russian Empire from 1649 – T. IV. 1700–1712. – SPb., 1830. – Art.1756.
Military Regulations: decree the state of the king and the Grand Duke Peter of March 30, 1716 / Complete collection of laws of the Russian Empire from 1649 – T. V. 1713–1719. – SPb., 1830. – Art. 5006.
Statutes of the Sea: the state decree of the king and the Grand Duke Peter of 13 January 1720 / Complete collection of laws of the Russian Empire from 1649 – T. VI. 1720–1722. – SPb., 1830. – Art. 5485.
On the establishment of the cities in pharmacies under the supervision of the Medical Board, as touching the ministering to Priiskovaya medicines in the Provinces, and of being under the supervision of the Board of the aforementioned hospitals: decree of the state of the king and the Grand Duke Peter of 14 August 1721 / Complete collection of laws of the Russian Empire from 1649 – T. VI. 1720–1722. – SPb., 1830. Art. St. 3811.
Code of medical Institutions and Charters on the civil part // The Code of Laws of the Russian Empire. – Art. Petersburg, 1832. – T. XIII. – Part 3.
The Code of Criminal and Correctional Punishments of 1845. – St. Petersburg: Printing house of the second department of His Imperial Majesty's own Chancery, 1845. – 898 p.
The Criminal Code of the Russian Federation № 63–FZ of 13 June 1996: adopted by the State Duma of the Russian Federation on 24 May 1996: approved by the Federation Council of the Federal Assembly of the Russian Federation on 5 June 1996 // Collection of Legislation of the Russian Federation. – 1996. – No. 25. – Art. 2954.
The Code of Criminal and Correctional Punishments of 1866: from supplement to January 1, 1876 / Comp. prof. S.N. Tagantsev. – 2nd ed., reprint. and additional. – St. Petersburg: type. M.M. Stasyulevich, 1876. – 726 p.
The Code of Criminal and Correctional Punishments of 1885 / Comp. prof. S.N. Tagantsev. – 9th ed., revision. and supplement. – St. Petersburg.: type. M.M. Stasyulevich, 1898. – 918 p.
Keywords:
medicine, medical error, crime, criminal liability, punishment, legislation, history..
Related Articles
THEORY AND HISTORY OF LAW Pages: 14-19 Issue №46133
Legal Support for Mentoring in Russia: Perspective and Retrospective View
legal science
mentoring
mentor
mentored
legislation
Show more
3. CRIMINAL, CRIMINOLOGICAL, ADMINISTRATIVE AND OTHER MEASURES FOR COUNTERING CRIME IN CONTEMPORARY CONDITIONS Pages: 209-212 Issue №21729
Problems of Qualification of Crimes Committed in the State of Alcoholic Drunk
alcohol intoxication
crime
drunkenness
affect
physiological intoxication
Show more
11. YOUNG SCIENTISTS IN ACTUAL CRIMIAL LAW PROBLEMS SOLVING Pages: 223-226 Issue №17728
Measures to prevent violence against government officials
crime
prevention
prevention
elimination
minimization
Show more
11. Theory and history of law and state; History of law and State teachings Pages: 185-188 Issue №9089
RURAL CRIME IN THE USSR FROM 1958-1970
the people's courts
crime
the image of the criminal
the countryside
the code of criminal procedure
Show more
5. Criminal; Criminal enforcement law Pages: 201-204 Issue №8598
On the determination of the direct object of illegal organization and conduct of gambling
criminal liability
gambling
illegal organization and conduct of gambling
the direct object of a criminal assault
Show more
8. Forensics; Forensic expertise; Operational and search activities Pages: 165-169 Issue №5746
Issues in the Substantive Legal Defense of Defendants Having been Subject to Entrapment in the Course of Investigation
operatively-search activity
provocative-inflammatory action
the distinction between legitimate experiment and provocation
crime
the circumstance excluding criminality of act
Show more
10. Civil procedure arbitration procedure Pages: 156-158 Issue №5143
THE TERMINOLOGY IN THE FIELD OF STATE CONTROL AND SUPERVISION OVER THE LEGALITY
control
the legality
administrative supervision
legislation
Show more
INTERNATIONAL LAW Pages: 267-272 Issue №24870
Issues of Distinguishing Between the Issuance of a Deliberately Unjust Judicial Decision and Crimes Against the Person (Articles 128 and 154 of the Criminal Code of the Russian Federation)
judicial decision
judicial act
criminal liability
qualification of crimes
justice.
Show more
9. CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL ENFORCEMENT LAW 12.00.08 Pages: 227-230 Issue №18348
To the question of the effectiveness of penalties for bribery
the authority of the state power
bribery
officials
corruption
punishment
Show more
13. ADMINISTRATIVE LAW; ADMINISTRATIVE PROCESS 12.00.14 Pages: 251-254 Issue №19457
Problematic Issues of Bringing to Administrative Responsibility for Violation of the Legislation on Peace and Quiet
peace and quiet
legislation
police officers
district commissioners
expert survey
Show more