ISSUES OF QUALIFYING THE CRIME OF INEFFECTIVE PERFORMANCE OF PROFESSIONAL DUTIES AND DIFFERENTIATION FROM SIMILAR CRIMES

Abstract

This article describes the issues of qualifying crimes of improper performance of professional duties and distinguishing them from similar crimes. In particular, in the article, the act provided for in Article 116 of the Criminal Code and Article 113 of the Criminal Code, Part 5, as well as the crimes provided for in Article 116 of the Criminal Code and Article 117 of the Criminal Code, are scientifically justified. In addition, a comparative analysis was made of the fact that in the criminal laws of Russia, Armenia, Kazakhstan, and Belarus, the article “Inadequate performance of professional duties of medical personnel” includes HIV/AIDS infection by medical personnel as an aggravating factor. In the article, the author expressed his reaction to the opinions of legal scholars on the issues of the qualification of the crime of failure to properly perform oneʼs duties in connection with the profession and distinguishing it from similar crimes. At the same time, the article also explains the differences between Article 116 of the Criminal Code of non-fulfillment of oneʼs duties due to indifference or unscrupulous treatment of oneʼs duties, in which criminal liability is provided for cold-hearted treatment of oneʼs duties in Article 207 of the Criminal Code. Also, in order to qualify the crime of improperly performing oneʼs duties in connection with the profession, the different signs necessary for the qualification of improperly performing the duties of an official of a medical institution and improperly performing the duties of a medical worker have been scientifically substantiated. In the article, proposals and recommendations are also given regarding the improvement of the legal norms, which provide for the responsibility for the qualification of the crime of improper performance of oneʼs duties in connection with the profession and distinguishing it from similar crimes.