To the Issue of Ensuring the Rights of Participants of Health Relations by Criminal-Legal Means
- Authors: Bobrovskaya M.V.1
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Affiliations:
- Management Academy of the Ministry of Internal Affairs of Russia
- Issue: Vol 16, No 7 (2023)
- Pages: 230-235
- Section: Criminal Law Sciences
- URL: https://journals.eco-vector.com/2072-3164/article/view/625679
- EDN: https://elibrary.ru/SRLAUO
- ID: 625679
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Abstract
The purpose of the research. In the article the author studies the problem of ensuring the rights of participants of health care relations by criminal-legal means on the example of articles 124 and 125 of the Criminal Code of the Russian Federation. The place of the legal status of the patient in the structure of the object of the crime provided by articles 124 and 125 of the Criminal Code of the Russian Federation is analyzed. The purpose of the study is to identify the imbalance between the rights and obligations of the participants of health care relations.
Conclusions. The author comes to the conclusion that the legislator pays more attention to ensuring the rights of the patient, whose status is the legal basis for the emergence of the medical worker's obligation to provide him (the patient) with any required assistance and to take care of him. In addition, the author points out the existence of the doctor's obligation to provide assistance to other persons who do not have such status (sick). The author pays special attention to the necessity of correct qualification of acts of medical workers, which entailed the occurrence of adverse consequences in the form of causing harm to life and health, in the presence of signs of the elements of crimes provided by Articles 124 and 125 of the Criminal Code of the Russian Federation.
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About the authors
Margarita V. Bobrovskaya
Management Academy of the Ministry of Internal Affairs of Russia
Author for correspondence.
Email: margachan@yandex.ru
SPIN-code: 1788-4135
adjunct, Faculty of Training of Scientific and Scientific-Pedagogical Staff
Russian Federation, MoscowReferences
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