Problem aspects of qualification of HIV transmission

The work discusses the study of technical and legal aspects of art. 122 of the Criminal Code of the Russian Federation «HIV transmission», which determine the problems of qualification of the crimes stipulated by it. The causes and conditions that prompted the legislator of the Russian Federation to recognize acts on the spread of HIV infection as socially dangerous and criminalize are investigated. A structural analysis of art. 122, focuses on controversial positions, causing a potential gap in the current legislation and leading to a discrepancy between the norm of the Special Part and the provisions enshrined in the General Part of the Criminal Code of the Russian Federation. Practical and simulated hypothetical examples confirming the presence of a problem are given. A number of possible amendments to the criminal law are presented, on the basis of which a new version of art. 122 of the Criminal Code is proposed. Based on the study, the corresponding conclusions are formulated.