[Disputable issues of application of the medical criterion «persistent loss of general work capability» in determining the severity of harm caused to human health].

The purpose of the work is to identify challenging issues that arise during the forensic determination of the severity of harm caused to human health, which entailed permanent loss of general ability to work, by means of a content analysis of the existing regulatory documents, results of forensic medical examinations and the formulation of proposals for their modification and supplementing with regard to elimination of existing contradictions. The analysis of expert practice on a selective study of 1.000 expert conclusions for 2016-2022 is given, which showed that, when assessing the severity of harm caused to human health in a number of cases (3.3%) in identical situations, various options for establishing harm caused to human health are possible depending on its severity. The conclusion was made that the requirement specified in the clause 6.11 of the Medical Criteria for Determining the Severity of Harm Caused to Human Health (approved by the Order of the Ministry of Public Health and Social Development of the Russian Federation No. 194H dated April 24, 2008, Moscow) to determining serious harm as causing persistent loss of general work capability by not less than one third, regardless of the outcome, in all cases listed in paragraphs 6.11.1-6.11.9, cannot be unconditionally applied in expert practice.