IMPROVEMENT OF THE CRIMINAL LAW FOR PROFESSIONAL CRIMES OF MEDICAL WORKERS

Abstract

The scientific novelty of the article is due to the results of a comprehensive criminal law study of medical crimes as models of criminal behavior in order to fairly qualify them and improve the norms providing for responsibility for them. The theoretical basis of the study was the opinions of practitioners, the scientific position of A.E. Senokosova and the expert conclusions of the Investigative Committee of the Russian Federation on improving criminal legislation providing for liability for medical errors. The authors draw attention to the competition of articles 109, 118, 238 of the Criminal Code of the Russian Federation and suggest that when using them as a result of qualification, the signs of a special subject of crime – a medical worker should be taken into account. The study actualizes the issues of the effectiveness of punishment applied for criminal iatrogenies. The emphasis is made on the need to apply deprivation of the right to engage in professional activity as an additional punishment to medical workers when they commit iatrogenic crimes.