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§ 1. Concept of realisation criminally-legal mechanism protection of the rights and freedom of the patient

Criminally-legal ствами environments - cannot be provided effective protection of the rights and freedom of the patient only by fastening at legislative level of corresponding legal rules and designs.

Important still to - to fight their realisations during a life by means of skilful use uchastni - kami criminally-legal relations available standard tools. In this connection words of the German lawyer of R.Ieringa, said in the beginning of last century are rather timely and significant: «That does not pass in the validity that is only in laws, on a paper jav -

ljaetsja one fictitious right »1.

At a stage of realisation of legal rules formulated zakonodate - lem the model of expected behaviour of subjects of law turns in faktiche - I will hold down the validity. Here problems legal regulirova - nija and the protection which positive result is reflected in satisfaction of interests of the sick person not contradicting the law and the prevention pra - vonarusheny in public health services sector are solved. The errors connected with realisation of the mechanism it is criminally-right protection right also freedom of the patient, weaken re - zultativnost works of the built design, undermine authority zako - nodatelnoj, executive and the judicial authority. Expecting improvement of quality of work of experts in the field of medicine and the right, the public shows interest in development of scientifically proved recommendations on is - polneniju and to application of norms of the criminal law, satisfying to inquiries of the patient. The put arguments and scale of the mentioned theme in many respects

Cause the interest shown to a problem of realisation criminally -

1 Iering R.Juridicheskaja of the technician. SPb., 1906. With. 18.

Legal mechanism of protection of the rights and freedom of the patient from scientific and practical workers.

With the term "realisation" the jurisprudence, including the doctrine criminal права1 widely operates. Before to start research of the criminally-legal constituting given category, has expediently subjected - nut to the analysis a number of the sources, allowing to establish an origin and zna - chenie this word. The big encyclopaedic dictionary a realisation essence (from an armour. realis – material, valid) explains as realisation ka - someone the plan, ideas and т.п.2 In the dictionary of foreign words it means a wasp - shchestvlenie something, carrying out during a life of any plan, the project, about - grammes, intentions and т.п.3. Russian dictionary under S.I.ozhego's edition va contains some values of the term to "realise", including «osushche - stvit, to execute» 4.

Thus, the philological science at word interpretation «realiza - tsija» shows the uniform approach to understanding of its maintenance. The semantic characteristic of the analyzed term bears in itself value about - tsessa, movements. Proceeding from the revealed message, in jurisprudence formi - ruetsja value of expression «right realisation».

In the general theory of law right realisation is considered as «process of an embodiment of legal instructions in lawful acts of citizens, or - ganov, the organisations, establishments, officials and all other participants of public relations» 5.

In the presented definition authors aktsenti - rujut attention to two moments. First, legal instructions in - ploshchajutsja during a life through behaviour of subjects of law. Out of activity of people right realisation is inconceivable. Secondly, legal rule realisation

Provide only the lawful acts made by participants obshche -

1 See: Zavadsky L.N.mechanism of right realisation. M, 1992; Kuzakbirdiev S.S.form of realisation of rules of law in activity of law-enforcement bodies. M, 1996; Maltsev V.V. Printsipy of criminal law and their realisation in pravoprimenitelnoj activity. SPb., 2004; A.P.criminal liabilit's goats: concept and realisation forms. Krasnoyarsk, 2013.

2 See: the Big encyclopaedic dictionary / gl. red. A.M.Prokhorov. M, 1998. With. 1001.

3 See: the Modern dictionary of foreign words. SPb., 1994. With. 513.

4 See: Ozhegov S.I.dictionar of Russian. 4 izd. A stereotype. M, 1997. With. 562.

5 Matuzov N.I., Malko A.V.theor: the textbook. M, 2005. With. 334.

stvennyh relations voluntary or compulsorily. Wrongful pove - denie breaks it.

A little expanded definition of realisation of the right is offered by V.L.Kulapov. According to the researcher, «right realisation represents process of an embodiment of rules of law in lawful behaviour of subjects, in to - stizhenie the planned socially useful result» 1. In protsitiro - bathing definition to the signs of realisation of the right analysed earlier the author has added one more. Its essence consists that activity subek - tov the legal relations realising legal rules, is directed on dosti - zhenie strictly certain socially positive result.

In the doctrine of criminal law realisation of the rule of law considers - sja as «realisation of its requirements, its carrying out during a life, performance hundred - jashchih before it of problems» 2. The offered definition essentially does not distinguish - sja from definitions of realisation of the right, formulated by representatives teo - rii the state and the right. It covers following characteristic signs: realisation of the rule of law assumes an embodiment in the validity from requirements keeping in it, obligatory for execution by addressees; any rule of law is realised by means of strong-willed behaviour of people. External display of will can be expressed in the form of act or omission; performance of the requirements expressed in the rule of law, allows to solve the problems facing to corresponding branch of the legislation.

Another under the form and the maintenance the understanding of realisation criminally - rules of law formulates B.T.Razgildiev: «realisation criminally-rules of law is a realisation pravoispolniteljami and pravoprimeniteljami in opre - delennoj to the form of the criminally-legal status for maintenance of problems ugo - lovnogo the rights on protection of public relations from criminal posjaga - telstv» 3. Advantage of the given definition is shown that realiza -

tsiju norms of criminal law the scientist connects with realisation by participants

1 Kulapov V. L. Problems theory of state and law: the manual. Saratov, 2009. With. 301.

2 Naumov A.V.application criminally-rules of law. Volgograd, 1973. With. 35.

3 Razgildiev B.T.some of a realisation problem criminally-rules of law//the Bulletin Saratov state blow - stvennoj right academies. 1998. № 4. With. 9.

Criminally-legal relations the criminally-legal status. Unlike the previous definitions, in the presented definition the circle of the subjects realising criminally-rule of law is specified. In their quality act pravoispolniteli and pravoprimeniteli. Pravoispolniteljami the persons, obliged to abstain from fulfilment of crimes under the threat criminally - go punishments are. To pravoprimeniteljam the author carries workers pravoohrani - telnyh the bodies which are allocated with imperious powers and carrying out protection of public relations from criminal trespasses. Pravoispol - niteli and pravoprimeniteli realise norm of the criminal law in the positive, compulsory, is positive-incentive and compulsorily-positive form. All forms of realisation criminally-rule of law, being samostoja - telnymi, provide the decision of problems of criminal law on protection obshche - stvennyh relations from criminal trespasses.

Studying of opinions of experts in the field of the general theory of law and the right criminal allows to formulate concept of realisation criminally-legal mechanism protection of the rights and freedom of the patient. Criminally - a legal mechanism of protection of the rights and freedom of the patient it is necessary to understand a wasp - as realisation shchestvlenie the medical worker and pravoprimenitelem the criminally - a legal status, the providing decision of a problem of the criminal law on protection of the rights and freedom of the patient from criminal trespasses.

From the maintenance of the offered definition it is visible, that process realiza - tsii criminally-legal mechanism protection of the rights and freedom of the patient is expressed in realisation pravoispolnitelem in the name of the medical worker and the right - primenitelem the duties given by the criminal law and the rights. To the medical worker criminally-rule of law assign duties on abstention from fulfilment of the crimes menacing lawful intere - itself the patient, to undergo to the criminal liability in case of it is nija, to compensate to the patient the harm caused by default or nenadlezha - shchim execution of professional functions. Besides duties ugolov -

nyj the law allocates with its right to make the acts excluding them is nost (the proved risk, emergency).

Pravoprimenitel is obliged to carry out the control over activity me - ditsinskih the workers realising professional and criminally-legal status. It states an objective criminally-legal estimation socially dangerously - mu to action (inactivity) of the representative of a medical trade, will define a kind and volume of the criminal liability in case of its recognition guilty in with - crime holding court, recognises the patient as victim from a crime. On pravoprimenitelja the criminally-legal duty is assigned to abstain from committing a crime and to undergo to the criminal liability if in the course of check will break predydushcheju a duty (will involve obviously innocent doctor in the criminal liability, will illegally release from ugo - lovnoj responsibility of the medical worker, the suspect or obvinja - emogo in committing a crime, will take out obviously an illegal sentence, the decision or other judicial certificate). As the participant criminally-legal relations pravoprimenitel is allocated by the right to reception of the information on criminally - legal behaviour of the medical worker. In the course of its realisation duties and the rights of the medical worker provided its professional and criminally-legal status are specified, the factors promoting formation of criminal motivation and fulfilment a game - kretnogo of a crime are found out.

Pravoispolnitelnaja and pravoprimenitelnaja activity on realiza - tsii the mechanism it is criminally-right protection right also freedom of the patient proceeds in strictly certain forms. In the legal literature on a problem klassi - fikatsii forms of realisation of the right there are two points of view. One group of authors, taking into consideration degree of activity of subjects on osushchestvle - niju rules of law, discriminates four basic forms of realisation of the right: with -

bljudenie, execution, use, применение1.

1 See: Vengerov A.B.theor. M, 2000. With. 428; Matuzov N.I., Malko A.V.theor state blow - stva and the rights: the textbook. M, 2005. With. 336.

Other group of researchers allocates three forms of realisation juridiche - skih norms: use, observance and исполнение1. Pravoprimenenie they carry to a special case of realisation of the right. Imperiously-organizujushchaja the figure - nost the competent persons providing in concrete vital cases realisation of legal rules during a life, «it is directed on realisation primenja - emoj rules of law, but yet does not realise it. Realisation comes as a result of execution pravoprimenitelnogo decisions» 2.

With reference to the right criminal the position vto - a plenty of group of scientists more convincingly looks. As considers V.V. Maltsev, competent intervention of imperious bodies in realisation process criminally-rules of law is an everyday occurrence, observed every time «not only at fulfilment a game - kretnyh crimes, but also outwardly their reminding actions. At all similarity of forms of realisation of the right and its application as« a special case dej - stvija the rights »… such gradation is useful, as allows to discriminate more accurately lawful and wrongful (criminal) behaviour of citizens, pravoprimeni -

telnuju activity and the acts having criminally-legal value »3.

In borders of action of the mechanism it is criminally-right protection right also freedom of the patient the basic form of realisation of the right observance is. It vyra - zhaetsja in abstention by the medical worker from fulfilment of socially dangerous act forbidden by the criminal law. Thus has juridi - cheskogo no value the reason which has induced it to refuse from criminal pove - denija. The corresponding subject can abstain from fulfilment pre - stuplenija because of fear before punishment or owing to that comprehension, that on - dobnoe the behaviour contradicts interests of the sick person, its personal before - stavleniju about good and harm.

Specificity of observance of norms of criminal law is shown that

The mechanism of its maintenance is connected with realisation criminally-legal statu -

1 See: Alexeys of S.S.right, the alphabet – the theory – philosophy: experience of complex research. M, 1999. With. 115; Theory of state and law: the textbook for high schools / otv. red. V.D.Perevalov. M, 2006. With. 236-238.

2 Theory of state and law: the textbook for high schools / otv. red. V.D.Perevalov. M, 2006. With. 239.

3 Maltsevs V.V. Uchenie about object of a crime: the monography: in 2 t. T. 2. Object of a crime: a role in sosta - ve crimes, the legislation and its realisation. Volgograd, 2010. With. 227.

sa all privies. The constitution of the Russian Federation in ch. 2 items 15 are assigned by a duty to observe laws on public authorities, local governments, officials and citizens. Observance ugolov - but-legal interdictions, as a rule, occurs naturally, imperceptibly for associates, is not fixed in any documents. So, the physical person who has received a medical education, but not having the licence for employment by medical practice, realising the criminally-legal status, vozderzhiva - etsja from the committing a crime provided by item 235 UK the Russian Federation.

Execution is criminally-rule of law connected with fulfilment of the active actions directed on an embodiment in the validity of criminally-legal duties of the medical worker to undergo criminal responsibly - sti and to compensate to the patient caused by a crime physical, imushche - stvennyj, moral harm. It follows application criminally-rule of law agencies in charge of preliminary investigation, consequences, vessels. The last in corresponding remedial documents state a criminally-legal estimation to socially dangerous act of the medical worker, recognise the person guilty in sover - shenii crimes, define a kind and the size of punishment or other measure ugo - lovno-legal character. On pravoispolnitele the duty vypol - a thread the addressed instruction irrespective of the subjective relation to it lays. The neglect attracts with the given duty the criminal liability. The person evading from serving of restriction of freedom, imprisonment, and also from application of forced measures of medical character, bears ugo - lovnuju responsibility under item 314 UK the Russian Federation. For runaway from the place of confinement, from under arrest or from under guards to corresponding person are applied sank - tsii, the Russian Federations provided in item 313 UK.

Use criminally-rule of law consists in voluntary realisation of the rights following from the status of the participant ugolov - but-legal relations. In criminally-legal mechanism protection of the rights and svo - bod the patient it is connected with possible realisation by the medical worker of the permissive rules according a right on proved risk and

Emergency. Right realisation in this case occurs isklju - chitelno at will pravoispolnitelja, without threat of external compulsion. The medical worker can take advantage of the right or from - to seem from it. In the light of stated pertinently the reference to V.N.Kudryavtsev's statement that «to use or not to use the right – de - lo the subject» 1.

From observance, execution and use as ways osushchestvle -

nija legal instructions it is necessary to distinguish pravoprimenenie. Application criminally-rules of law is more difficult phenomenon. As marks V.A.Sapun, «pravoprimenitelnaja activity« puts »in the mechanism of realisation of the right if there are obstacles to realisation of rights, legal obligations voluntary are not executed or execute - sja with defects, misuse of legal means» 2.

Application of norms of criminal law as the special form of realisation of fur -

nizma protection of the rights and freedom of the patient assumes activity of bodies to - knowledge, a consequence and the vessels, connected with a criminally-legal estimation of socially dangerous actions (inactivity) of the medical worker, definition of a kind and volume of the criminal liability in case of its recognition guilty in sover - shenii crimes. Results of activity of officials, kompetent - nyh to apply the criminal law, are fixed in written pleadings by

«Acceptances and decision fastenings about predusmotrennosti (or nepredusmotren - nosti) the established actual facts in corresponding norm and about definition (or neopredelenii) a measure of criminally - legal character containing in it» 3.

Thus, essence of realisation of the mechanism criminally-legal ohra -

ny the rights and freedom of the patient consists in creation of optimum conditions on observance, execution, use and application of norms criminal for -

Game. The task in view decision is reached, first of all, by working out

1 Kudryavtsev V. N. The right and behaviour. M, 1978. With. 41.

2 Sapun V. A. The mechanism of realisation of the Soviet right//Jurisprudence. 1988. № 1. With. 7.

3 Blagov E.V.application of criminal law (the theory and an expert). SPb., 2004. With. 73.

Scientifically proved recommendations about perfection criminal zako - nodatelstva, practice of its execution and application. Above - nija qualities of the criminal law act as the catalyst dynamically developing sektory the biomedicine, providing progress of medical practice. It is expressed brightly - nuju requirement for criminal law services test spheres innovatsion - ache medicine which give a platform for approbation and introduction in daily practice of auxiliary reproductive technologies. This - day at doctrine level limits of intervention of the criminal law in the legal relations establishing an order ispolzova - nija methods of an artificial reproduction require a substantiation. The criminal law is called kompen - sirovat shown defects of the mechanism of legal regulation, otritsa - telnym by image influencing protection of interests of the persons, ready to take advantage of innovative ideas and technologies. Special urgency get pra - vovye conditions of use of auxiliary reproductive technologies. It is dictated by increase in number of the persons who are not possessing natural spo - sobnostju by a birth of children against adverse socially - economic, ecological and other factors. According to the statistics published in different sources, in our country barreness

15-20 % matrimonial пар1 suffer approximately. Thanks to progress scientifically -

To technical thought in the field of medicine and biology, fortunately for many se - mej, embryo conception artificial by became practically possible. For this purpose resort to methods of new reproductive technology, such as artificial inseminatsija women sperm of the husband or the donor (gomologiche - skaja and geteronomnaja inseminatsija), ekstrakorporalnoe fertilisation cage egg - in vitro with the subsequent carrying over of an embryo to the woman, vynashivanie an embryo-fruit substitute mother.

Rendering of medical aid with use of methods vspomogatel -

nyh reproductive technologies, and also contra-indication and restriction to

1 See: Borisov I.e. Substitute motherhood in the Russian Federation: theory and practice problems: mono - grafija. M, 2012. With. 3-4; Petrov S.V., Pyregov A.V., Nazarenko T.A.Anesteziologichesky maintenance laparo - skopicheskih operations at patients with barreness (the literature review)//the Bulletin of anesthesiology and reanimatolo - gii. 2009. T. 6. № 6. С.4.

To their application are regulated by the Federal act «About bases of health protection of citizens in the Russian Federation», the Order of Ministry of Health of Russia from August, 30th, 2012 № 107н «About an order of use auxiliary reproduk - tivnyh technologies, contra-indications and restrictions to their application» 1, the Order of Ministry of Health of Russia from October, 30th, 2012 № 556н «About the statement of the standard of medical aid at barreness with use vspomoga - telnyh reproductive technologies» 2. Listed legally significant documents urged to stimulate or incapacitate the person to reproduction. They fix the bases of occurrence of the legal relations giving to patients possibility to put into practice the reproductive rights, an order of use of auxiliary reproductive technologies and contra-indication to their application, the list of obligatory medical services for diagnostics, disease treatments, the list applied lekar - stvennyh preparations with instructions of average daily and course doses, the form of the informed voluntary consent to application of auxiliary reproductive technologies and on carrying out of operation of a reduction of number embri - onov. At legislation level have received concept reflexion vspomogatel - nyh reproductive technologies and substitute motherhood, are named subek - you, possessing the right to application of auxiliary reproductive those - nology. The interdiction for a choice of a sex of future child is proclaimed, for iskljucheni - I eat possibilities of inheritance of the diseases connected with a floor.

Proceeding from the maintenance of the named normative acts, it is possible to allocate conditions of legitimacy of use of auxiliary reproductive those - nology, assuming:

1) the mutual informed voluntary consent to medical intervention of the man and the woman or informed voluntary with -

glasie on medical intervention of the lonely woman;

1 See: the Russian newspaper. 2013. On April, 11th. № 78/1.

2 See: the Russian newspaper. 2013. On June, 17th. № 128/1

2) observance of age and psychosomatic parametres. Donors ootsitov and sperms can be women and men at the age from 18 till 35 years, and as substitute mother the woman at the age from 20 can act to

35 years. The age of the persons, wishing to take advantage of methods of artificial fertilisation, is not regulated. Donors of sexual cages should be physically and mentally healthy, pass mediko-genetic obsledova -

nie;

3) rendering of medical aid with use of methods vspomoga - telnyh reproductive technologies in the medical organisations having the licence for performance of works (rendering of services) on obstetrics and gynecology.

Deviation from the listed rules of use of methods vspomoga - telnoj reproductive technology forms the act estimated as proti - vopravnoe. However in the Russian criminal legislation there is no holes - ma, a providing liability of infringement of rules of application of auxiliary reproductive technologies. In investigatory and judiciary practice cases of injury to health or a life of the patient owing to illegal carrying out of artificial fertilisation or implantation em - briona are qualified as a careless crime. Under A.S.Ignatiadi and E.L.Sidorenko's fair remark, similar practice represents - sja inadmissible for some reasons. First, at illegal carrying out is - kusstvennogo fertilisations act, irrespective of the come socially dangerous consequences should be punishable. Secondly, the estimation the right - primenitelem as a careless crime illegal iskus - stvennogo fertilisations or implantations of an embryo which always sover - shajutsja is deliberate, is not that other, as criminal law application on

аналогии1.

Considering, that a problem of maintenance of the reproductive rights of the patient but - sit nadnatsionalnyj character, in the criminal legislation of many countries

1 See: Ignatiadi A.S., Sidorenko E.L.protection of reproductive health in Russian criminal zakonoda - telstve: directions and development prospects. Stavropol, 2005. With. 106-107.

Near and far abroad the norm providing the answer - stvennost for neglect by legally issued procedure iskus - stvennogo fertilisations and embryo implantations is included. So, the Criminal code of the Azerbaijan republic to number of criminal acts carries «iskus - stvennoe fertilisation and implantation of an embryo to the woman or nesovershen - noletnej, carried out without their consent» (ch. 1 items 136).

Written will of the woman on artificial fertilisation or embryo implantations constitutes the integral condition of rendering of copper - tsinskoj the help to the persons, suffering barreness, under the legislation Res - publics of Moldova. Realisation by the doctor of artificial fertilisation or implantation of an embryo without the consent of the patient expressed in writing, attracts punishment in the form of the penalty at the rate to 300 standard units with the debaring to occupy certain posts or to be engaged oprede - lennoj in activity for the term from 2 till 5 years (item 161 of Republic UK of Moldova).

Represent scientific interest of position of the criminal law of Republic San Marino to which there is a speech about introduction of an interdiction on artificial oseme - nenie. So, is punished in the form of imprisonment of the first ste - peni the married woman who without the consent of the husband resorts to iskusstven - nomu to insemination (ch. 1 items 226). The minimum term of imprisonment of the first degree is equal to three months, and maximum – till one year. The same punishment is come under by the person who has put or has got a seed for insemination (ch. 2 items 226). If the person having a medical speciality takes part in act fulfilment, an interdiction of the first degree rasprostra - njaetsja also on a trade (ch. 3 items 226). The person who by means of violence, threat or a deceit accepts concerning the wife, without its consent, is - kusstvennoe insemination, is punished in the form of prison zakljuche - nija the third degree (ch. 1 items 227). Imprisonment of the third degree before - believes imprisonment from two till six years. Punishment increases by one degree if the woman becomes the pregnant woman (ch. 2 items 227). If in with - act holding court the person possessing the status medical works - participates

nika, the interdiction of the fourth degree for a trade (from two till five years) is applied simultaneously.

Short acquaintance with the maintenance resulted criminally-rules of law, ordering pravoispolniteljam to abstain from encroachments on reproductive human rights, allows to conclude, that as the basis at - an inclination to the criminal liability for illegal use vspomoga - telnyh reproductive technologies absence of will patsi - enta on operation serves. Meanwhile, tsinskoj the help has not enough only one consent of the person to copper - rendering for a substantiation of legitimacy of use of methods of artificial fertilisation and embryo implantation. Important with - bljudat and other requirements, deviation from which can create threat of injury to health or a life of the victim. So, realisation of operation in the presence of contra-indication to application vspo - mogatelnyh reproductive technologies, without carrying out of the medical donor about - followings is inadmissible. Change of an embryo without finding-out rezulta - tov the test, infectious diseases spent with a view of revealing is forbidden.

Inclusion in legal space of the country of the norm, keeping copper - tsinskih workers from infringements of rules of application auxiliary re - productive technologies, will expand sphere is criminally-right protection right also freedom of the patient. A norm disposition it suggested to design on type for - malnyh structures of crimes. Thus socially dangerous it is reasonable to recognise not any infringements corrected applications auxiliary repro - duktivnyh technologies, but only those from them which create threat of injury to health or a life of the patient.

«Article … Infringement of rules of application auxiliary repro - duktivnyh technologies

1. Infringement of rules of application of auxiliary reproductive those - nology, creating health hazard or lives of the patient, -

It is punished by the penalty at the rate to three hundred thousand roubles or at a rate of wages or other income condemned for the period till two years, or

With the debaring to occupy certain posts or to be engaged oprede - lennoj in activity for the term up to five years, or restriction of freedom for the term up to two years.

2. The same act:

Made concerning the minor;

Made from mercenary motives;

Entailed on imprudence heavy consequences, -

It is punished by correctional labour for the term up to two years, or ogra - nicheniem freedom for the term up to four years, or with forced hard labour for the term up to four years with the debaring to occupy certain posts or to be engaged in certain activity for the term up to three years, or with imprisonment for the term up to four years with the debaring to occupy certain posts or to be engaged in certain activity for the term up to three years ».

The offered legislative design will allow to solve a number of the problems important for jurisprudence and pravoprimenitelnoj of practice. First, borders of lawful behaviour of the medical worker will be defined, deviation from which forms a sign criminal protivoprav - nosti. Secondly, at standard level the question on rules will be resolved at - menenija auxiliary reproductive technologies. Thirdly, inclusion in the criminal law of analyzed norm will allow to remove problems kvalifika - tsii actions of the medical workers who have broken rules of use of auxiliary reproductive technologies.

Generalisation of all material allows to formulate a number of the theoretical conclusions, capable to raise efficiency of realisation criminally-legal mechanism protection of the rights and freedom of the patient on pravoispolnitelnom and the right - primenitelnom levels:

1) criminally-legal mechanism protection of the rights and freedom of the patient it is necessary to understand realisation by the medical worker and the right - as realisation primenitelem the criminally-legal status, the providing decision of criminally-legal problems on protection of the rights and freedom of the patient from criminal on -

sjagatelstv and to their prevention. As the subjects realising the mechanism it is criminally-right protection right also freedom of the patient, act pravoispolniteli in the name of medical workers and pravoprimeniteli;

2) pravoispolnitelnaja and pravoprimenitelnaja practice on mechanism realisation is criminally-right protection right also freedom of the patient proceeds in strictly certain forms: observance, execution, use to the tonic - nenie. In aggregate specified forms form realisation system ugo - a lovno-legal mechanism of protection of the rights and freedom of the patient. The result reali - zatsii criminally-legal mechanism protection of the rights and freedom of the patient shows - sja in the decision of criminally-legal problems on protection of the rights and freedom of the patient from criminal trespasses and to their prevention. It is provided with all with - vokupnostju the norms entering into system of crimes against the rights and freedom of the patient;

3) with a view of mechanism perfection criminally-right protection inte - resov in sphere of use of auxiliary reproductive those - nology the criminal legislation of Russia is offered to add with new article the patient:

«Article … Infringement of rules of application auxiliary repro - duktivnyh technologies

1. Infringement of rules of application of auxiliary reproductive those -

nology, creating health hazard or lives of the patient, -

It is punished by the penalty at the rate to three hundred thousand roubles or at a rate of wages or other income condemned for the period till two years, or with the debaring to occupy certain posts or to be engaged oprede - lennoj in activity for the term up to five years, or restriction of freedom for the term up to two years.

2. The same act:

Made concerning the minor;

Made from mercenary motives;

Entailed on imprudence heavy consequences, -

It is punished by correctional labour for the term up to two years, or ogra - nicheniem freedom for the term up to four years, or with forced hard labour for the term up to four years with the debaring to occupy certain posts or to be engaged in certain activity for the term up to three years, or with imprisonment for the term up to four years with the debaring to occupy certain posts or to be engaged in certain activity for the term up to three years ».

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A source: Blinov Alexander Georgievich. DOCTRINE ABOUT is criminally-right protection right Also FREEDOM of the PATIENT. The DISSERTATION on competition of a scientific degree of the doctor of juridical science. Saratov - 2014. 2014

More on topic § 1. Concept of realisation criminally-legal mechanism protection of the rights and freedom of the patient:

  1. § 1. Concept criminally-legal mechanism protection of the rights and freedom of the patient
  2. Chapter 2. Realisation criminally-legal mechanism protection of the rights and freedom of the patient from criminal trespasses and their prevention
  3. § 2. Realisation criminally-legal mechanismpreventions pre - stupnyh encroachments on the rights and freedom of the patient
  4. Chapter 1. Concept criminally-legal mechanism protection of the rights and svo - bod the patient and the characteristic of elements, its forming
  5. § 2. The characteristic of the elements forming criminally-legal me - hanizm protection of the rights and freedom of the patient
  6. § 4. The rights and freedom of the patient as object criminally-right protection
  7. § 4. It is criminally-right protection right also freedom of the patient in system mu - sulmanskogo the rights
  8. § 3. The public health legislation as a legal basis of realisation of the rights and freedom of the patient
  9. Section III. Criminally-legal mechanism protection of the rights and freedom patsi - enta from criminal trespasses and their prevention
  10. § 3. Protection of the rights and freedom of the patient in Anglo-Saxon system ugo - lovnogo the rights
  11. § 2. It is criminally-right protection right also freedom of the patient in system of the romano-German right
  12. Chapter 2. The rights and freedom of the patient as object legal reguliro - vanija and protection
  13. § 1. It is criminally-right protection right also freedom of the patient in zakonoda - telstve the countries-participants of the Commonwealth of Independent States and Baltic
  14. § 1.3. The Legal mechanism of protection of the rights and freedom of the person and the citizen