The subject of the study is the criminal law relations arising in connection with the definition of the object of crimes provided for in Articles 116 and 116.1 of the Criminal Code of the Russian Federation, as well as doctrinal and normative approaches to the concept of health and bodily integrity. The subject of the study is the content of the category "health" as an object of criminal law protection, its medical and legal nature and the specifics of the qualification of violent acts that did not formally cause harm to health. Special attention is paid to the relationship between the concepts of health and bodily integrity, as well as to the problems of criminal law assessment of the actual harm caused by beatings and other violent acts, taking into account the specifics of current criminal legislation. The methodological basis of the research consists of general scientific and special methods of cognition: analysis and synthesis, formal legal, comparative legal methods. The scientific novelty of the research lies in a comprehensive rethinking of the object of crimes provided for in Articles 116 and 116.1 of the Criminal Code of the Russian Federation, from the standpoint of the unity of criminal law and biomedical approaches. It is proved that beatings and other violent acts that do not constitute legally significant harm to health actually disrupt the normal functioning of the body, which allows us to consider human health as their direct object. The paper argues against the idea of introducing an independent fourth degree of severity of harm to health as excessive. The conclusion is formulated on the expediency of adjusting the subordinate medical regulation aimed at recognizing minimal bodily harm as harm to health without changing the design of the criminal law. The findings contribute to eliminating terminological and substantive ambiguity in law enforcement practice and increasing the level of criminal law protection of the individual.
Tanzila Beielovna Ozdoeva (Thu,) studied this question.