Qualifying signs of causing serious harm to health by negligence

The article examines the current problems of applying Part 2 of Article 118 of the Criminal Code of the Russian Federation, which establishes liability for negligent infliction of serious harm to health due to improper performance of professional duties by a person. The author analyzes the main difficulties in qualifying this corpus delicti related to the lack of a legislative definition of the concept of "improper performance of professional duties", the problems of distinguishing criminal recklessness and negligence, and establishing a causal relationship between the violation of special rules and the consequences that have occurred. Particular attention is paid to the contradictory investigative and judicial practice of applying this rule, due to the uncertainty of criteria for professional negligence. The paper proposes a set of measures to improve criminal law regulation, including the introduction of official definitions of key concepts, specification of signs of serious harm to health in relation to professional activity, clarification of requirements for causation and differentiation of responsibility depending on the form of negligent guilt. The implementation of the proposed solutions will contribute to improving the effectiveness of criminal law protection of citizens' health from professional incompetence.