The specific nature of medical devices as a target of crime stipulated by Article 238.1 of the Criminal Code of the Russian Federation

The paper considers such a component of the target of crime set forth in Article 238.1 of the Criminal Code of the Russian Federation as the counterfeit, poor-quality and unregistered medical devices. The authors note that the treatment of medical products is of the same importance as a turnover of medicines. At the same time, the Russian Federation does not adopt a federal law regulating the treatment and registration of medical devices in full. The study presents the classification of medical products depending on their purpose and the critical evaluation of interpreting the term ‘medical device’ enshrined in the current legislation. The research examines the concepts of the counterfeit, poor-quality and unregistered medical devices as well. Besides, the authors argue whether it is appropriate to refer the unregistered medical device to the target of a crime under Article 238.1 of the Criminal Code of the Russian Federation.