Criminal law characteristic of negligent crimes related to the violation of professional duties

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Purpose: To study the criminal law features of Part 2 of Article 109 and Part 2 of Article 118 of the Criminal Code of Russian Federation, providing criminal liability for causing serious harm to health or death by negligence and improper performance of professional duties, on the basis of the practical significance of these rules and scientific positions of specialists in the field of criminal law. Methodology: General, special and private-scientific methods of research (comparative, system, the method of concrete sociological analysis of judicial practice) were used. Results: The paper discusses the controversial issues related to the criminal law characteristics of the considered crimes and proposals to improve these rules. Features of definition of negligent crimes against life and health and improper performance of professional duties on the basis of the published materials of law enforcement practice are discussed as well. Novelty/originality/value: The paper has scientific value and carries practical significance. The provisions contained in this paper can be used to improve the current criminal legislation of the Russian Federation, in the development of explanations of the Plenum of the Supreme Court of the Russian Federation in the process of definition of causing serious harm to health or death by negligence with improper performance of professional duties.

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Короткий адрес: https://sciup.org/140240654

IDR: 140240654

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