Responsibility for Medical Crimes During the Birth and Heyday of the Russian Empire

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Abstract

The recognition of medicine as one of the basic components of a developed state has led to a significant intensification of the legal regulation of the activities of doctors, including their responsibility, both for making mistakes and for intentionally causing harm. The period of the birth of the Russian Empire became the starting point for the systematic normative consolidation of the corresponding conceptual apparatus, the definition of lawful and criminal actions of medical personnel, as well as the establishment of criminal liability for unacceptable forms of behavior. A significant part of the legal sources of this era contains prototypes of modern provisions of the criminal law. In this connection, this article will conduct a comparative historical and legal study of the features of the legislative regulation of liability for medical crimes.

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About the authors

Maksim V. Khamkov

Russian University of Cooperation

Author for correspondence.
Email: hamkoff@yandex.ru

postgraduate student, Cheboksary Cooperative Institute (branch)

Russian Federation, Cheboksary

References

  1. On the punishment of healers for killing patients by intent and negligence: The Nominal decree of the state tsars and Grand Dukes John and Peter Alekseevich and the Boyar verdict of 4 March 1686 № 1171 // Complete collection of laws of the Russian Empire from 1649 – T. II. 1676–1688. – SPb., 1830. – Art. 1171.
  2. The punishment unaware of Medical Sciences and ignorance using medications that cause death to patients: Boyarsky sentence of 14 February 1700 № 1756 / Complete collection of laws of the Russian Empire from 1649 – T. IV. 1700–1712. – SPb., 1830. – Art.1756.
  3. Military Regulations: decree the state of the king and the Grand Duke Peter of March 30, 1716 / Complete collection of laws of the Russian Empire from 1649 – T. V. 1713–1719. – SPb., 1830. – Art. 5006.
  4. Statutes of the Sea: the state decree of the king and the Grand Duke Peter of 13 January 1720 / Complete collection of laws of the Russian Empire from 1649 – T. VI. 1720–1722. – SPb., 1830. – Art. 5485.
  5. On the establishment of the cities in pharmacies under the supervision of the Medical Board, as touching the ministering to Priiskovaya medicines in the Provinces, and of being under the supervision of the Board of the aforementioned hospitals: decree of the state of the king and the Grand Duke Peter of 14 August 1721 / Complete collection of laws of the Russian Empire from 1649 – T. VI. 1720–1722. – SPb., 1830. Art. St. 3811.
  6. Code of medical Institutions and Charters on the civil part // The Code of Laws of the Russian Empire. – Art. Petersburg, 1832. – T. XIII. – Part 3.
  7. The Code of Criminal and Correctional Punishments of 1845. – St. Petersburg: Printing house of the second department of His Imperial Majesty's own Chancery, 1845. – 898 p.
  8. The Criminal Code of the Russian Federation № 63–FZ of 13 June 1996: adopted by the State Duma of the Russian Federation on 24 May 1996: approved by the Federation Council of the Federal Assembly of the Russian Federation on 5 June 1996 // Collection of Legislation of the Russian Federation. – 1996. – No. 25. – Art. 2954.
  9. The Code of Criminal and Correctional Punishments of 1866: from supplement to January 1, 1876 / Comp. prof. S.N. Tagantsev. – 2nd ed., reprint. and additional. – St. Petersburg: type. M.M. Stasyulevich, 1876. – 726 p.
  10. The Code of Criminal and Correctional Punishments of 1885 / Comp. prof. S.N. Tagantsev. – 9th ed., revision. and supplement. – St. Petersburg.: type. M.M. Stasyulevich, 1898. – 918 p.

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