To the Issue of Ensuring the Rights of Participants of Health Relations by Criminal-Legal Means
( Pp. 230-235)

More about authors
Bobrovskaya Margarita Vladimirovna
Management Academy of the Ministry of Internal Affairs of Russia
Moscow, Russian Federation
Abstract:
Abstract: The purpose of the research. In the article the author studies the problem of ensuring the rights of participants of health care relations by criminal-legal means on the example of articles 124 and 125 of the Criminal Code of the Russian Federation. The place of the legal status of the patient in the structure of the object of the crime provided by articles 124 and 125 of the Criminal Code of the Russian Federation is analyzed. The purpose of the study is to identify the imbalance between the rights and obligations of the participants of health care relations. Conclusions. The author comes to the conclusion that the legislator pays more attention to ensuring the rights of the patient, whose status is the legal basis for the emergence of the medical worker's obligation to provide him (the patient) with any required assistance and to take care of him. In addition, the author points out the existence of the doctor's obligation to provide assistance to other persons who do not have such status (sick). The author pays special attention to the necessity of correct qualification of acts of medical workers, which entailed the occurrence of adverse consequences in the form of causing harm to life and health, in the presence of signs of the elements of crimes provided by Articles 124 and 125 of the Criminal Code of the Russian Federation.
How to Cite:
Bobrovskaya M.V. To the Issue of Ensuring the Rights of Participants of Health Relations by Criminal-Legal Means // Gaps in Russian Legislation. 2023. Vol. 16. №7. Pp. 230-235. (in Russ.). EDN: SRLAUO
Reference list:
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Kuznetsov S.V. Features of forensic medical assistance in proving iatrogenic crimes under Article 125 of the Criminal Code of the Russian Federation // Bulletin of the Moscow Academy of the Investigative Committee of the Russian Federation. 2020. No. 1. Access from LRS «ConsultantPlus».
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Keywords:
rights of participants of health care relations, legal status of the patient, medical workers, leaving in danger, failure to provide assistance to the sick..


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