MEDICAL CRIMINAL LAW IN RUSSIAN FEDERATION: PROBLEMS AND PROSPECTS FOR DEVELOPMENT

A. Serebrennikova
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Abstract

The current state of medical services has long become one of the most important issues of understanding what exactly should serve as a template for their required quality, and why, the role and responsibility of a medical worker are not always considered as the main factors in resolving a situation when the life and health of a patient were exposed to unjustified danger. The article is devoted to the author's new approach to the criminal law regulation of public relations in the field of medical services. Purpose of the article: The author aims to present a scientific approach and scientific substantiation of the possibility of the emergence in the future of a new sub-branch of criminal law - medical criminal law. Methodology and methods: the article uses methods of analysis, synthesis, deduction, as well as the method of interpretation of legal norms, which make it possible to better comprehend the institutions of criminal law and highlight a new branch of law Conclusions: the problem of the presence of imperfections in the current legislation is relevant to study, as evidenced by judicial practice in criminal cases, discussions and works of legal scholars. The author, citing examples from practice, draws attention to the density of the relationship between the sphere of medical services and other related services, and also draws parallels between the grounds that can and should cause the emergence of the considered branch of law. Application of the results: The article is intended for the widest range of readers, including undergraduate and graduate students of higher educational institutions, who study the problems and imperfections of the current criminal law. The material can be used as a guide for the preparation of practical and seminars.
俄罗斯联邦医疗刑法:问题与发展前景
长期以来,医疗服务的现状已成为最重要的问题之一,即理解究竟应该以什么作为所需质量的模板,以及为什么在解决病人的生命和健康面临不合理危险的情况时,医务工作者的作用和责任并不总是被视为主要因素。本文论述了笔者对医疗服务领域公共关系刑法规制的新思路。文章的目的:作者旨在对未来出现一个新的刑法分支——医学刑法的可能性提出一个科学的方法和科学的依据。方法论与方法:本文采用分析、综合、演绎的方法,以及法律规范解释的方法,使人们能够更好地理解刑法制度,突出一个新的法律分支。结论:现行立法中存在的不完善问题值得研究,刑事案件的司法实践、法律学者的讨论和著作都证明了这一点。提交人引用了实践中的例子,提请注意医疗服务领域与其他相关服务领域之间关系的密集性,并指出可能而且应该导致这一法律分支出现的各种理由之间的相似之处。研究结果的应用:本文适用于研究现行刑法存在的问题和不完善之处的广大读者,包括高等院校的本科生和研究生。该材料可作为准备实践和研讨会的指南。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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