The Specifics of Foreign Models of Criminal Policy in the Field of Digital Healthcare
( Pp. 118-123)
More about authors
Evgeniya E. Chernykh
Cand. Sci. (Law), Assoc. Prof., Vice-Rector for Academic Affairs, ; Nizhny Novgorod, Russian Federation; Professor of the Department of Criminal and Penal Law; Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia; Nizhny Novgorod, Russian Federation
National Research Lobachevsky State University of Nizhni Novgorod
Nizhny Novgorod, Russian Federation, Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, Nizhny Novgorod, Russian Federation
National Research Lobachevsky State University of Nizhni Novgorod
Nizhny Novgorod, Russian Federation, Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, Nizhny Novgorod, Russian Federation
Abstract:
Abstract: The purpose of this study is to provide a comprehensive analysis of the specifics of foreign models of criminal policy in the field of healthcare digitalization, aimed at identifying the features of criminal law regulation of telemedicine activities, the use of artificial intelligence technologies and medical robotics, as well as determining the problems of legal qualification of unlawful acts and identification of the subject of criminal liability in the context of the digital transformation of medical practice. Results. As a result of the conducted research, it has been established that in foreign legal systems criminal law responses to offenses in the field of digital healthcare are predominantly universal and blanket in nature and are implemented within the framework of general offenses against life and health, professional medical activity, and information security. A shift in the priorities of criminal law protection from traditional biological objects to the information sphere and cybersecurity has been identified, reflecting the transformation of the social danger of the relevant acts. It is substantiated that the absence of special criminal law provisions addressing the use of telemedicine, artificial intelligence, and medical robotics leads to difficulties in legal qualification, uncertainty in determining the subject of liability, and challenges in establishing causal relationships. The conclusion is drawn that taking foreign experience into account is necessary in shaping national criminal policy in order to ensure adequate protection of life, health, and personal security in the context of healthcare digitalization.
How to Cite:
Chernykh, E.E. (2026). The Specifics of Foreign Models of Criminal Policy in the Field of Digital Healthcare. Gaps in Russian Legislation, 19(1), 118-123. EDN: YONWBS
Reference list:
Novikova I.I., Chervyakov M.V. Foreign experience in regulating telemedicine services. Economics and Business: Theory and Practice. 2023. No. 9 (103). Pp. 156–159. DOI: 10.24412/2411-0450-2023-9-156-159. (In Rus.)
Aksenova E.I., Gorbatov S. Yu. Regulation of telemedicine services in various countries of the world: expert review. Moscow: State Budgetary Institution of the City of Moscow "Research Institute for Healthcare Organization and Medical Management of the Moscow City Health Department", 2023. 35 p. ISBN: 978-5-907717-13-8. EDN: CHVKIY.
Smyshlyaev A.V., Melnikov Yu.Yu., Artemova P.V. Foreign experience of state regulation of healthcare in the field of telemedicine technologies application. Problems of Economics and Legal Practice. 2018. No. 4. Pp. 207–211. EDN: XYXTPN. (In Rus.)
Smyshlyaev A.V. Zarubezhnyy opyt gosudarstvennogo regulirovaniya zdravookhraneniya v sfere primeneniya tekhnologiy telemeditsiny / A.V. Smyshlyaev, YU.YU. Mel nikov, P.V. Artemova // Problemy ekonomiki i yuridicheskoy praktiki. 2018. № 4. S. 207 211. EDN: XYXTPN.
Aksenova E.I., Gorbatov S. Yu. Regulation of telemedicine services in various countries of the world: expert review. Moscow: State Budgetary Institution of the City of Moscow "Research Institute for Healthcare Organization and Medical Management of the Moscow City Health Department", 2023. 35 p. ISBN: 978-5-907717-13-8. EDN: CHVKIY.
Smyshlyaev A.V., Melnikov Yu.Yu., Artemova P.V. Foreign experience of state regulation of healthcare in the field of telemedicine technologies application. Problems of Economics and Legal Practice. 2018. No. 4. Pp. 207–211. EDN: XYXTPN. (In Rus.)
Smyshlyaev A.V. Zarubezhnyy opyt gosudarstvennogo regulirovaniya zdravookhraneniya v sfere primeneniya tekhnologiy telemeditsiny / A.V. Smyshlyaev, YU.YU. Mel nikov, P.V. Artemova // Problemy ekonomiki i yuridicheskoy praktiki. 2018. № 4. S. 207 211. EDN: XYXTPN.
Keywords:
: medicine, telemedicine, innovation, digital healthcare, security, crime, criminal policy, foreign legislation, risks, artificial intelligence.
