ILLEGAL USE OF MEDICAL ROBOTS: CRIMINAL LAW ASSESSMENT AND CRIMINOLOGICAL RISKS

Abstract

In the article, the author, on the positive side, assessing the capabilities of robotic medicine, states that today there is no comprehensive study of the safety of medical robots. In this regard, the possibility of risks and threats in the conduct of robotic surgical care cannot be denied. These actions can lead to serious legal consequences for the surgeon, medical institution and manufacturer of the medical robot. The author draws attention to the fact that there is no definition of the concept of "medical robot" in domestic regulatory legal acts. However, the Federal Law of November 21, 2011 No. 323-FZ "On the basics of protecting the health of citizens in the Russian Federation" establishes the concept of "medical product," which is quite capacious and may include the concept of "medical robot."It is necessary to distinguish the concept of "medical robot" as one of the types of medical devices, indicating it in the text of the order of the Ministry of Health of the Russian Federation. The author concludes that it should be understood as a "medical robot," and also attempts to classify the criminological risks arising from its use, depending on the contact of the medical robot with humans. In addition, the publication raises issues of qualifying the actions of attackers who, in the process of illegal access, illegally receive patient data, which forms part of the crime under Art. 137 of the Criminal Code.