Annotation

The article considers the problem of distinguishing between the crimes provided for in Part 2 of Article 109 of the Criminal Code of the Russian Federation (causing death by negligence due to improper performance of professional duties) and paragraph "c" of Part 2 of Article 238 of the Criminal Code of the Russian Federation (provision of services that do not meet safety requirements). The author analyzes doctrinal approaches to distinguishing between these crimes. It is concluded that it is the context in which the crime is committed that helps to distinguish between the crimes provided for in Part 2 of Article 109 of the Criminal Code of the Russian Federation and paragraph "c" of Part 2 of Article 238 of the Criminal Code of the Russian Federation. The article substantiates the thesis that in order to qualify an act under paragraph "c" of Part 2 of Article 238 of the Criminal Code of the Russian Federation, the context of the crime must indicate that the violations occurred before the interaction of the perpetrator with the victim, and were not committed during such interaction (Part 2 of Article 109 of the Criminal Code of the Russian Federation).