THE CONDITIONS OF LAWFUL CASE OF HARM WHEN CONDUCTING BIOMEDICAL RESEARCH IN RUSSIAN CRIMINAL LAW

The purpose of the research. The relevance of the study is explained by the need to develop a scientifically based approach in determining the conditions for the lawfulness of harm to law-enforcement interests in the period of the biomedical research. Modern criminal legislation does not contain special criminal law provisions that would regulate the issues of criminal liability of persons who organized biomedical research involving any person or using a person as an experimental. Modern scientific research on this issue is mainly aimed at studying the problems of legal regulation of biomedical research in the Russian Federation and also aimed at the formulation of proposals for the criminalization of illegal biomedical research. At the same time in the theory of criminal law very little attention is paid to the problem of determining the conditions for the lawful infliction of harm to persons who took part in biomedical research. The advantage of the available scientific publications is aimed at the study of extreme necessity and reasonable risk as circumstances precluding criminality in various fields of professional activity. In this article the authors are built upon the basis of their own vision of the problem and propose a legislative definition of the conditions for the legality of causing harm during biomedical research and justify the need to identify an independent criminal law rule governing this problem. The main results of the study. The Russian criminal legislation along with the imperative method of regulating criminal relations also provides for the method of authorization, implemented in Chapter 8 of the Russian criminal law defining the conditions for the lawful infliction of harm in a situation where circumstances preclude criminality. Modern Russian criminal legislation does not keep pace with the rapid development of science and technology in connection with which there is an urgent need for the legislative definition of the boundaries of possible harm during scientific experiments. Scientific and practical significance of the work. The results of the study can be used in law enforcement and law-making activities as well as in teaching the training course of the Criminal Law of Russia and in conducting further scientific research on this scientific issue. The article is intended for students, graduate students and teachers of law schools and faculties, law enforcement officers as well as to anyone who are interested in this sphere.

обстоятельства исключающие преступность деяния, обоснованный риск, уголовная ответственность медицинских работников