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  • Title: [LEGAL, MORAL AND PHILOSOPHICAL PROBLEMS OF EUTHANASIA].
    Author: Korcheva T, Nevelskaia-Hordeeva E.
    Journal: Georgian Med News; 2021 Sep; (318):172-176. PubMed ID: 34628402.
    Abstract:
    The purpose of this study is to discuss and present authors' vision of problems of euthanasia legal regulation in legislation with due consideration of human rights and liberties. The study was performed considering a set of disciplines: medicine, jurisprudence, religion, philosophy. A number of international documents were generalized, practice of European Court of Human Rights, Criminal Codes of Ukraine, Georgia and a number of other countries, relating to the question under study, views of scholars on moral and legal aspects, juridical and philosophical comprehension of this agenda. The following scientific methods were applied: systemic legal method, comparative legal method, philosophical legal method, logical method, as well as analysis and synthesis method. The authors developed proposals in solution of problems connected with this subject matter. Legalization of euthanasia is found to be possible by allowing its application to be reflected in Article 52, Law of Ukraine "Fundamentals of Ukrainian Legislation on Public Health". We determined that execution of euthanasia belongs to rights of physician, not his/her duties. In this we noted that this novelty will rule out any possibility of subsequent introduction of a special norm to Ukrainian Criminal Code stipulating criminal responsibility of physician for execution of euthanasia and, as a subsequence, will preclude any pre-trial and trial judicature (Articles 214, 215, Code of Criminal Procedure of Ukraine).
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