CAUSING HARM BY MEDICAL WORKERS UNDER EXECUTION OF PROFESSIONAL RESPONSIBILITIES: SPECIAL FEATURES OF THE SUBJECTIVE`S SIDE

The article analyzes the peculiarities of the subjective side of the cause of harm by medical workers in the implementation of medical interventions of various kinds in clinical situations. Emphasis is placed on the conditions of legality of extreme necessity and justified risk, specified in the criminal legislation of the Russian Federation, for the purpose of criminal legal assessment of practical activities of medical workers, in particular, the reality of the danger and the extreme of the chosen method of preventing more harm when absolutely necessary; the inability to achieve the goal without risky actions and the application of sufficient measures by the person to prevent harm to a reasonable risk. The difficulties encountered in the practice of a medical worker, calling into question the possibility of compliance with these conditions are analyzed. Particular attention is paid to the issue of taking into account professional experience and experience of a medical worker in the criminal law qualification of his actions. A new article «The conscientious performance of professional duties» has been proposed for introduction into Chapter 8 of the Criminal Code of the Russian Federation.