PROBLEMS OF IMPROVING THE CRIMINAL LAW PROVISION IN ART. 318 OF THE CRIMINAL CODE OF THE REPUBLIC OF KAZAKHSTAN

Abstract

This article discusses some criminal legal aspects of the improvement of the norm, which provides for responsibility for violation of the procedure for conducting clinical trials and the application of new methods and means of prevention, diagnosis, treatment and medical rehabilitation. The subject of research within the framework of this article is the criminal-legal norm provided for in Art. 318 of the Criminal Code of the Republic of Kazakhstan. The purpose of this work is to develop scientifically sound proposals to improve criminal legislation and practice of its application. The methodology of the research consists of universally recognized scientific methods of comparative legal analysis, theoretical generalization, normative justification and scientific and practical synthesis. Based on the results of the research, the author offers recommendations on improving the current criminal legislation and law enforcement practices in countering the violation of the order of conducting clinical trials and the application of new methods and means of prevention, diagnosis, treatment and medical rehabilitation. In particular, in order to implement the provisions of the Concept of the Legal Policy of the Republic of Kazakhstan for the period from 2010 to 2020 aimed at humanizing the further development of the criminal policy towards persons committing criminally punishable acts that do not pose a great public danger and improve certain norms of criminal law, .1 Article 318 of the Criminal Code of the Republic of Kazakhstan shall be transferred to the category of criminal offenses. Conclusions, results, provisions reflected in the work are based on the analysis of legal literature, materials of law enforcement practice and the survey of the relevant range of respondents and can be used in further scientific research, in drafting proposals for legislation, in the teaching process in teaching the criminal law course, and Criminology.