Crimes in the sphere of health care: problems of systematization and legislative regulation

The article presents the results of the criminal law analysis of crimes committed in the field of healthcare. In view of the fact that Russian criminal law does not provide for this sphere as an independent object and, accordingly, does not distinguish a group of attacks on it, the article sets the task of their doctrinal integration in order to study their social danger, legal and social nature, ensure proper qualification, as well as effective prevention. A very difficult situation has developed around the criminal status of a medical worker. Let's start with the fact that this term itself refers to a rather heterogeneous group of subjects - doctors (often meaning a specialty, for example, an obstetrician, a sanitary doctor, etc.), as well as sanitary, veterinary doctors, auxiliary medical staff, pharmacists, etc. Thus, the problem is the absence of a criminal law concept of a medical worker and, as a result, the resulting difficulties in qualification. A number of articles of the criminal code use different names of medical professionals. Within the framework of this task, based on a critical analysis of existing approaches in the science of criminal law, the author formulates his own concept of crimes in the field of health care, describes the problem, studies their legal and social nature, and systematizes such crimes. Special attention is paid to the criminal law regulation of the status of health care workers as special subjects of crime. Classification and comparative analysis of such crimes are carried out, and each of the selected groups is examined. Gaps are identified in the regulation of liability for crimes in the health sector, and proposals are formulated to amend the criminal law.

Crimes in the sphere of health care, medical workers, pharmaceutical workers, special subjects, iatrogenic crimes, criminal liability, abuse of authority, failure to perform or improper performance of professional duties, illegal production, trafficking, inducement to use narcotic drugs, psychotropic, potent, toxic and radioactive substances, medicinal and other chemical and pharmacological drugs, production and sale of substandard medicines and medical devices