COMPARATIVE LEGAL ANALYSIS OF THE CRIMINAL LAW LIABILITY FOR IMPROPER PERFORMANCE OF THE PROFESSIONAL DUTIES
Authors:
Type:
Article
Pages:
from 91
to 96
Status:
Published
Received:
07.04.2017
Accepted:
14.04.2017
Published:
14.04.2017
Subject area:
UDK 34 Право. Юридические науки
BBK 67 Право. Юридические науки
BBK 67 Право. Юридические науки
Language:
Russian, English
Keywords:
crime, criminal responsibility, profession, professional duties, improper performance, health protection, medical care, integrity, negligent and careless attitude, result, harm.
Abstract (English):
On the basis of the provisions of the criminal legislation of several foreign countries (Russia, Uzbekistan, Armenia, Azerbaijan, Belarus, Bulgaria, Venezuela, United Kingdom, Germany, Georgia, Kazakhstan, Kyrgyzstan, Moldova, United States, Tajikistan, Turkmenistan, Ukraine, France, Estonia, South Korea) the comparative-legal analysis of criminal liability for the improper performance of professional duties is given. The specific features of social relations – object of criminal law protection in the studied countries are determined. Public danger of these crimes is analyzed in the context of the constitutional right to life, health and integrity. The legal essence of concepts such as “failure to fulfill professional duties” and “improper performance of professional duties” is defined. The important constituent elements of criminal liability for the improper performance of professional duties in the studied countries are specified. The priority directions of improving norms of the criminal legislation are offered. The conclusion is made that the positive legislative experience of the countries under investigation can be applied in the criminal legislation of Uzbekistan.
On the basis of the provisions of the criminal legislation of several foreign countries (Russia, Uzbekistan, Armenia, Azerbaijan, Belarus, Bulgaria, Venezuela, United Kingdom, Germany, Georgia, Kazakhstan, Kyrgyzstan, Moldova, United States, Tajikistan, Turkmenistan, Ukraine, France, Estonia, South Korea) the comparative-legal analysis of criminal liability for the improper performance of professional duties is given. The specific features of social relations – object of criminal law protection in the studied countries are determined. Public danger of these crimes is analyzed in the context of the constitutional right to life, health and integrity. The legal essence of concepts such as “failure to fulfill professional duties” and “improper performance of professional duties” is defined. The important constituent elements of criminal liability for the improper performance of professional duties in the studied countries are specified. The priority directions of improving norms of the criminal legislation are offered. The conclusion is made that the positive legislative experience of the countries under investigation can be applied in the criminal legislation of Uzbekistan.
Keywords:
crime, criminal responsibility, profession, professional duties, improper performance, health protection, medical care, integrity, negligent and careless attitude, result, harm.
crime, criminal responsibility, profession, professional duties, improper performance, health protection, medical care, integrity, negligent and careless attitude, result, harm.
1. Federal Criminal Code and Rules. 5th ed. Title 18. Crime and Criminal Procedure. West Publishing Co.
