THEORETICAL ASPECTS AND FEATURES OF LAW ENFORCEMENT PRACTICE IN BRINGING MEDICAL WORKERS TO CRIMINAL LIABILITY FOR CRIMES UNDER ARTICLE 238 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article is devoted to the problem of qualification of actions of persons brought to criminal liability under art. 238 of the Criminal code of the Russian Federation. Constituent elements of this offence are analyzed. On the basis of investigative practice and criminal cases, the author makes a conclusion about the ambiguity of the approach of law-enforcement bodies and courts for the qualification of deeds under Article 238 of the Criminal Code of the RF in the subjects of the Russian Federation. In order to resolve these contradictions in the law-enforcement practice, the author identifies the features of the subject and the object of the crime, services that do not meet the requirements of safety of life and health of consumers, in the framework of the analyzed norms. The study refines the features of the subject of crimes. The author justifies the criteria for differentiation of a crime under Art. 238 of the Criminal Code from adjacent structures (Arts. 109 of the Criminal Code).