Qualifying Elements of the Crime Under Article 237 of the Criminal Code of the Russian Federation, Related to the Consequences of the Act

The article examines the problems of qualifying the concealment of information about circumstances that create danger to human life or health and resulted in harm to human health or other grave consequences. The author highlights that there is still disagreement in criminal law theory concerning the definition of “causing harm to health and other grave consequences” in relation to Part 2 of Article 237 of the Criminal Code of the Russian Federation. The purpose of the research is to resolve controversial issues regarding the application of Article 237 of the Criminal Code of the Russian Federation, considering the crime’s consequences. Methods: The study employs the comparative method for examining, explaining, and critically analyzing law enforcement and judicial practice. Furthermore, specific scientific methods, including the legal-dogmatic approach and the interpretation of legal norms, are used to clarify the content of criminal law provisions. Results: The article establishes that causing harm to human health within the scope of Part 2 of Article 237 of the Criminal Code of the Russian Federation should be understood as causing moderate harm to health (excluding qualifying circumstances) and causing slight harm to health. The qualifying characteristic also encompasses causing grave harm to health through negligence. Based on a systemic analysis of criminal law and interpretative acts, the author concludes that other grave consequences should not include those related to harm to human life and health. Instead, such negative consequences may include environmental pollution causing irreparable harm to its components; significant material damage to property; negative consequences for public life support systems or their complete failure; and substantial financial expenditures for emergency response to mitigate the effects of an act-induced emergency.