Russian Federation
UDK 34 Право. Юридические науки
The article justifies the need for the recent criminalization of obstruction of medical assistance in the Russian Federation. A study of these innovations is necessary because of their lack of theoretical and practical study. The preconditions for the criminalization of the offence was studied, the medical profession was assessed from the point of its victimization, the definition of the concept of «obstruction» was investigated, the contradiction between the name of the new article and the range of medical care providers was indicated. Removing the reference to medical worker as the only subject of medical assistance from the article 124.1 of the Criminal Code of the Russian Federation was proposed.
crimes against the person, obstruction to providing medical assistance, attacks on health care workers, victimhood
1. On amendments to the Criminal code of the Russian Federation and article 151 of the Code of criminal procedure of the Russian Federation in the area of protection of the life and health of patients and health-care workers: federal law of 03.07.2016 no. 326-FZ. Access from the reference legal system “ConsultantPlus” (accessed 23.07.2020). (In Russ.)
2. Leonid Roshal: The amendments on responsibility for the attack won’t protect the paramedics. URL: https://nsn.fm/society/roshal-raskritikoval-zakonoproekt-ob-uzhestochenii-otvetstvennosti-za-napadenie-na-vrachei-skoroi-pomoschi (accessed 22.07.2020). (In Russ.)
3. «Head against the wall”: for what the ambulance doctors are beaten. URL: https://www.gazeta.ru/social/2020/04/06/13037989.shtml (accessed 22.10.2020). (In Russ.)
4. Dubovichenko S.V., Karlov V.P. Criminal liability for obstruction of medical care: social condition and critical analysis of legislative novels. Bulletin of the University of Volga named after V.N. Tatishev, 2010, no. 1, pp. 139-150. (In Russ.)
5. Antonyan Yu.M. Criminology: textbook for academic baccalaureate. 3rd ed., changed and added. Moscow: Urait Publ., 2019. 388 p. (In Russ.)
6. Explanatory dictionary of the Russian language / ed. D.N. Ushakov. URL: https://ushakovdictionary.ru/word.php?wordid=6664 (accessed 16.07.2020). (In Russ.)
7. Explanatory dictionary of the Russian language / ed. S.I. Ozhegov. URL: https://slovarozhegova.ru/word.php?wordid=23531 (accessed 16.07.2020). (In Russ.)
8. On the Principles of Public Health Care in the Russian Federation: federal law of 21.11.2011 no. 323-FZ. Access from the reference legal system “ConsultantPlus” (accessed 02.07.2020). (In Russ.)
