Legitimate Professional Activity of a Medical Worker as Part of Obstruction to Medical Aid (Art. 1241 of the Criminal Code of the Russian Federation)

The article discusses the qualification of the lawful professional activity of a medical worker to provide medical care as part of the crime, responsibility for the commission of which is provided by article 1241 of the Criminal Code of the Russian Federation. Attention is drawn to the presence of certain difficulties in the interpretation of this norm of the domestic criminal law by law-enforcers, which is due to the need to refer to special legislation regulating relations in the field of health care, which is not adapted for the purposes of the criminal law. For the proper application of the mentioned criminal-legal norm on the basis of the analysis of the current legislation in the sphere of health care the characteristic features of medical aid are highlighted, in particular, special attention is drawn to its manifestation in a complex of actions of assertive accomplished character which presuppose continuous contact of the type «medical worker-patient»; focus on maintaining and (or) restoration of the patient's health; entitlement to be performed by persons who meet certain requirements (validity of education, letter of certification, employment (work) in a medical organization, presence of job duties allowing implementation of medical activity); compliance with the requirements of accessibility and quality, which implies compliance with the procedures, standards, clinical recommendations for the provision of medical care. The direct connection between the highlighted characteristic features of medical care and the qualification of the deed as criminal obstruction of medical care is reflected. Here has been discussed the legal character of the professional activity of a medical worker in the provision of medical care upon obtaining in the proper form the consent to medical intervention from the patient or their legal representative.