Trineva Y. Criminal Legal Evaluation of Deprivation of Life out of Compassion

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0410U005412

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

01-07-2010

Specialized Academic Board

К 26.730.01

Essay

The dissertation presents a research on legal characteristics of deprivation of life out of compassion. Criminal legal nature of this conduct is analyzed in association with consent and prayer of a person who is experiencing physical or mental inhuman suffering. Based on examination of a legal definition of "violence" it is suggested that there is no violence understood as use of force against a victim's will in such a conduct and therefore it is necessary to review the legislative traditional qualification of such an act as a "murder" with no mitigating or aggravating circumstances. The definition of a "murder" as violent deprivation of live is examined in the dissertation; definitions "life", "quality of a life", "euthanasia", "orthanasia" are researched; social-legal grounds of ensuring the inviolability of human life are analyzed; a historical review of criminal legal protection of life is made. In addition, the paper comparatively examines foreign legislation and regulation on deprivation of human life upon request. The author formulates legal grounds for justification of euthanasia and orthanasia legalization; suggests a theoretical model of a possible law of Ukraine "On the Human Right to a Decent Death" and relevant amendment of the Criminal Code of Ukraine.

Files

Similar theses