The Concept and Legal Nature of the Category “Health” as an Object of Protection under the Criminal Law of the Russian Federation

Introduction. Health is a fundamental human value, ensuring possibility of a human to exercise his personal rights and freedoms and creating conditions for his harmonious development. In this context, the state legal policy of the Russian Federation is targeted at providing a comprehensive protection of peoples’ health. Health of a person is an object of particular protection under the Criminal Law of the Russian Federation; however, crimes that infringe on the physical and mental well-being of citizens have the major share in the number of violent crimes in the country. The article aims to study the concept and legal nature of the category “health” as an object of protection under the Criminal Law.
Materials and Methods. The study was conducted based on the materials published on the official websites of the Ministry of Internal Affairs of the Russian Federation and the Judicial Department of the Supreme Court of the Russian Federation, using general and specific scientific methods.
Results. A comprehensive analysis of crimes against health committed in the Russian Federation was conducted, the topical issues in qualifying crimes against health were studied. It was ascertained that, although, protection of health of a person is claimed a priority in the law, in practice, this objective is often inefficiently fulfilled due to the numerous reasons. Inefficient mechanism of damage compensation to the aggrieved citizens is among the significant shortcomings. It was established that these problems stem from the lack of a holistic approach to protection of peoples’ health in the Criminal Law.
Discussion and Conclusion. The study revealed significant shortcomings in the Criminal Law with regard to health protection policy of Russian citizens. Assessment of grievousness of bodily harm should base not so much on duration of the incapacity to work period or the length of treatment of a person aggrieved, but rather on the objective duration of impairment of the bodily functions. Further research in this field is required.

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