associate professor at the Department of criminal law and procedure of the Lomonosov Northern (Arctic) Federal University, candidate of legal sciences, associate professor
58, Lomonosov ave., Arkhangelsk, Russia, 163001
The article is devoted to the current problem of modern medical education for ordinary teachers and medical workers of illegal material compensation (professional requisitions) for the performance of their professional functions. The shameful practice of levying illegal taxes on the performance of professional requisitions by workers in the social infrastructure has become widespread, especially as it has maliciously taken root in areas as vital to the social sphere as education and health. With the connivance of the state, citizens, in fact, were forced to reconcile with the need for “thanksgiving” for the declared free treatment and education. The author claims that professional requisitions have a high public danger, because they lead to public compromise and degradation of free medicine and education, to violate the constitutional rights of citizens, to reconcile society with corruption. In this regard, the criminalization of professional requisitions is required. The purpose of the article is to conduct a criminal-legal express analysis of professional requisitions from medical professionals and teachers, and the tasks are to clarify the public danger of this mass phenomenon, to establish the existence in the Russian criminal legislation of a gap in the punishment for professional requisitions, to develop proposals for making additions and changes in the current Russian criminal law for their criminalization. When writing this article, we used such methods of scientific research as formal-legal, historicallegal, sociological, comparative-legal. As a result of the study, conclusions were drawn that professional requisitions from ordinary teachers and medical workers have an undoubted public danger. Any actions of physicians and teachers, with legal consequences, should be considered actual performance of organizational and administrative functions, and receiving compensation for this, therefore, is nothing but a corrupt act. In order to increase the effectiveness of countering corruption, it is necessary to criminalize professional requisitions. Suggested options for introducing a criminal-legal prohibition on obtaining illegal remuneration for theperformance of professional functions: 1) through the introduction of additional rules in the Criminal Code of the Russian Federation relating any actions of professional employees with legal consequences to organizational and administrative powers; 2) through an extensive legal interpretation by the Plenum of the Supreme Court of the Russian Federation of the organizational and administrative powers of officials; 3) by supplementing the Criminal Code of the Russian Federation with a new article prohibiting the receipt of illegal remuneration by employees of various branches of the social infrastructure.
Keywords: bribes, professional requisitions, commercial bribery, corruption, organizational and administrative functions, criminalization.
Full text in Russian