Development of the institution of criminal liability for abuses on the pharmaceutical market in Russia

D.A. Gusamova

Kazan Federal University, Kazan, 420008 Russia

E-mail: dgusamova@inbox.ru

Received October 23, 2018

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DOI: 10.26907/2541-7738.2019.1.199-205

For citation: Gusamova D.A. Development of the institution of criminal liability for abuses on the pharmaceutical market in Russia. Uchenye Zapiski Kazanskogo Universiteta. Seriya Gumanitarnye Nauki, 2019, vol. 161, no. 1, pp. 199–205. doi: 10.26907/2541-7738.2019.1.199-205. (In Russian)

Abstract

The paper is devoted to the analysis of legal sources regulating the activity of pharmaceutical    employees from the 19th century up to the present period. In particular, the regulation of activity of pharmaceutical employees began with adoption of the Medical Statute of 1857, which establishes liability for its violation according to the “Charter on Criminal and Correctional Punishments” of 1845. Subsequently, the Charter was amended following the adoption of the Statute on Punishments Enforced by Justice of the Peace in 1864. In the Soviet period, the liability for crimes on the market on pharmaceuticals was not subject to intensive regulation. Based on the works of modern scholars, the conclusion has been made that the adoption of the Criminal Code in 1996 favored the development of the sub-branch of pharmaceutical criminal law and the adoption of new articles into the Criminal Code associated with the ratification of the Medicrime Convention created the basis of pharmaceutical criminal law. The results of the study demonstrate that the legislator should have placed all regulations on crimes related to the illegal trafficking of medical products and medicines into a separate chapter on crimes against public health, and then, when modernizing the Criminal Code of the Russian Federation, singled out a separate chapter “Crimes in the Sphere of Trafficking of Medicinal Products and Medicines” within the section “Crimes against Public Health”.

Keywords: pharmaceutical activity, medical activity, medicinal products, medical devices, liability, harm to health, causes of death

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