On the Question of the Concept of Medical Crimes
( Pp. 46-51)
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:
The purpose of the study. The article actualizes the problem of the lack of a unified approach to the concept of medical crimes, which both in legal practice and humanitarian doctrine has various terminological tools. This circumstance determines not only incorrect law enforcement, but also negatively affects medicine as a field of professional activity. Conclusions. As a result of the conducted research, the author comes to the conclusion that when establishing a list of signs that will serve to determine crimes of a medical nature, an unjustified emphasis on the object of criminal encroachment should be avoided, since it would be incorrect to define it by the interests of medical activity in the context of the established positivist doctrine of law. At the same time, the distinctive features of the studied group of illegal acts are indicated, taking into account which the author’s definition of medical crimes is proposed.
How to Cite:
Khamkov M.V. On the Question of the Concept of Medical Crimes. Lobbying in the Legislative Process. 2023. Vol. 2. No. 4. Pр. 46–51. (In Rus.) EDN: XHZOWE
Reference list:
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Senokosova E.K. Contradictions in the system of medical care as determinants of medical crime. OmSU Bulletin. Series. Right. 2016. No. 3 (48). Pp. 216–219. (In Rus.)
Popova A.S. Determinants of crime in the field of medical activity. Legal Science and Practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2016. No. 1 (33). Pp. 310–317. (In Rus.)
Mashekuasheva M.H., Gelyakhova L.A. Some problems in the field of prevention offenses and crimes of employees of medical institutions. Education and Law. 2022. No. 1. Pp. 291–293. (In Rus.)
Ognerubov N.A. Emotional burnout syndrome as a determinant of crime in the field of medical activity. Socio-economic Phenomena and Processes. 2013. No. 1 (047). Pp. 245–247. (In Rus.)
Brazhin Yu.Yu. Theoretical and applied research of service and economic crimes in the implementation of the national project “healthcare”: Essence and content. Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. 2022. No. 2 (94). Pp. 95–100. (In Rus.)
Zheludkov M.A., Puzyreva K.Yu. Features of the determination of criminal behavior of doctors in the provision of compulsory medical insurance services. Law: History and Modernity. 2022. No. 2. Pp. 211–221. (In Rus.)
Ognerubov N.A. Iatrogenic crime: causes and preventive measures. Socio-economic Phenomena and Processes. 2010. No. 4. Pp. 121–126. (In Rus.)
Bimbinov A.A. Medical crimes: Concept and condition. Legal Bulletin of Dagestan State University. 2019. No. 4. Pp. 136–140. (In Rus.)
Abdullayeva R.A. The concept and system of medical crimes. Legislation. 2019. No. 4 (36). Pp. 78–82. (In Rus.)
Miroshnichenko N.V. Crimes related to violation of professional functions: Problems of criminal law theory and practice: Dis. ... of Dr. Sci. (Law). 12.00.08. Moscow, 2015. 480 p.
Balebanova T.A. The legal status of a medical worker as a subject of corruption crimes. Chief Physician: Economy and Law. 2012. No. 2. Pp. 34–39. (In Rus.)
Ognerubov N.A. Problems and grounds for differentiation of crimes in the field of medical activity. Bulletin of TSU. 2010. No. 8. Pp. 253–258. (In Rus.)
Gilfanova A.Sh. The concept of crimes of medical workers against life and health. ISOM. 2014. No. 4. Pp. 333–337. (In Rus.)
Zamaleeva S.V. Criminal liability of medical workers: history and modernity. Gaps in Russian Legislation. 2009. No. 3. Pp. 85–87. (In Rus.)
Bolotov V.V. Inaction as a form of criminal behavior. Russian-Asian Legal Journal. 2020. No. 1. Pp. 6–8. (In Rus.)
Review of judicial practice of the Supreme Court of the Russian Federation No. 3: approved by the Presidium of the Supreme Court of the Russian Federation on November 25, 2015. Bulletin of the Supreme Court of the Russian Federation. 2016. No. 3. P. 12. (In Rus.)
Keywords:
criminal law, crimes, iatrogeny, medical error, interpretation, healthcare, conceptual apparatus.
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