ԱՊԱՑՈՒՑՈՂԱԿԱՆ ԲԺՇԿՈՒԹՅԱՆ ՍԿԶԲՈՒՆՔՆԵՐԻ ՎՐԱ ՉՀԻՄՆՎԱԾ ԳՈՐԾՈՂՈՒԹՅԱՄԲ ԲԺՇԿԱԿԱՆ ԳՈՐԾԱՌՈՒՅԹ ԻՐԱԿԱՆԱՑՆԵԼՈՒ ՀԱՆՑԱԿԱԶՄԻ ԻՐԱՎԱԿԱՆ ՀԻՄՆԱԽՆԴԻՐՆԵՐԸ / LEGAL ISSUES OF THE CRIME OF PERFORMING A MEDICAL FUNCTION BY ACTING WITHOUT THE PRINCIPLES OF EVIDENCE-BASED MEDI

The article discusses the crime defined by Part 2 of Article 407 of the Criminal Code of the Republic of Armenia, adopted on May 5, 2021, which refers to the performance of a medical function by an act not based on principles of evidence-based medicine and refers to the legal issues arising during the application of this crime. The crime (corpus delicti) is discussed in the context of the constitutionally enshrined principle of legal certainty. The purpose of the study is to identify the legal issues arising during its application, as well as to propose appropriate legal solutions. Considering that corpus delicti uses the concept of "evidence-based medicine", the article also discusses the concept of evidence-based medicine enshrined in the Law of the Republic of Armenia "On Medical Care and Services to the Population", compares it with such types of medicine as scientific, official, conventional, traditional, folk, alternative, and integrative medicine, and highlights their peculiarities and the reasons why the Republic of Armenia establishes evidence-based medicine as an official type of medicine, but at the same time includes in the list of types of medical care and services subject to licensing such types of medical care whose scientific substantiation has not been confirmed, at least not to the extent that they are included in the clinical guidelines developed within the framework of evidence-based medicine not only in the Republic of Armenia but also in other countries.