Criminal law characteristics and qualification issues of non-provision of assistance to the patient

The article examines the criminal law aspects of failure to provide medical care to a patient, including the issues of qualification of this crime, problems of law enforcement practice and the specifics of bringing medical workers to criminal responsibility. The article analyzes the norms of the Criminal Code of the Russian Federation governing liability for failure to provide assistance (Art. 124 of the Criminal Code of the Russian Federation), as well as judicial practice and statistical data on the application of these norms. Special attention is paid to the issues of crime qualification, difficulties in establishing a causal relationship between the inaction of a medical professional and the consequences, as well as the presence of valid reasons excluding criminal liability. The author suggests ways to improve law enforcement practice, including through clarifying the boundaries of responsibility, a detailed definition of valid reasons for not providing assistance, as well as delineating responsibility for improper provision of assistance and complete refusal of it. The article provides an analysis of the subjects of crime considered in the context of the professional competence of medical professionals, and raises the issue of the need to improve legislation in this area. Amendments to the Criminal Code of the Russian Federation and the Federal Law «On the Basics of Public Health Protection in the Russian Federation» have been proposed to improve the effectiveness of law enforcement and ensure the protection of citizens' rights to receive timely medical care.