Voronin V.N. —
Criminal-legal policy pertinent to ensuring security of public health from illegal medical and pharmaceutical services
// Politics and Society. – 2018. – ¹ 11.
– P. 55 - 66.
DOI: 10.7256/2454-0684.2018.11.27949
URL: https://en.e-notabene.ru/psmag/article_27949.html
Read the article
Abstract: The object of this research is the combination of social relations associated with ensuring security of public health from rendering illegal medical and pharmaceutical services. The subject of this research is the norms of criminal legislation aimed at preservation of social relations, namely the Article No. 235 of the Criminal Code of the Russian Federation that stipulates criminal responsibility for engaging in illegal private medical practice or private pharmaceutical activity without having a license. The author explores the evolution of such composition of an offence, as well as models the prospects for its modernization. Methodological foundation contains the principles of objectivity, Interdisiplinarity, determinism, historicism, systematicity, structuredness, functionality, hierarchy, pluralism, comparativism, explanation and comprehension of law; as well as the private legal methods of legal analytics, legislative technique, legal comparativism, legal modelling and forecasting. The article also analyzes the composition of an offence, effectiveness of penal prohibition, as well as quality of the norm of criminal law. The conclusion is made that in its current iteration, this norm cannot efficiently reflect such penal prohibition of the illegal realization of pharmaceutical and medical activities; therefore, the author suggest revising the Article No. 235 of the Criminal Code of the Russian Federation.