Classification of crimes in the area of heaith care under the Kyrgyz republic legislation

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Purpose: The article aims to study the problems of classification and systematization of crimes in the area of health care. Methodology: Author used the methods of analysis and synthesis, comparative, inductive and deductive methods and systems approach. Results: Using a variety of criteria, the author presents to the readers a few options of crimes in the area of health care in Kyrgyz Republic legislation. Thus, the author highlights the crimes that explicitly specified subject (illegal abortion, improper performance of professional duties by medical stuff), the crimes without indication of the special subject but committed mainly in the area of health care (illegal referral to a psychiatric hospital, substitution of a child) and the crimes committed in complicity with medical practice (some crimes associated with transplantation of human organs and tissues). Another option systematization of medical crimes - on the basis of the object of crime. All medical crimes are divided into two groups: the crimes encroaching on human life and health and the crimes encroaching on other values protected by criminal law - freedom, horror, dignity, family, health and other. The author also proposes to differ professional medical crimes associated with medical care, service and official medical crimes and indicates the features and criteria for their differentiation. Novelty/originality/value: Despite the lack of mention of medical crimes in theory of criminal law and in criminal legislation this work gives a detailed picture about medical crime as a separate category of crime and its features.

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Короткий адрес: https://sciup.org/14027806

IDR: 14027806

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