Romanyuk K. Criminal liability for illegal abortion

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U100241

Applicant for

Specialization

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

28-12-2019

Specialized Academic Board

К 35.725.02

Lviv State University of Internal Affairs

Essay

The dissertation is a comprehensive monographic study of unresolved issues, or those for which there is no consensus in science and law enforcement practice regarding liability for illegal abortion. The content of the concept of “unlawful abortion (abortion)” was studied, the criminal liability for this crime in the history of domestic criminal law was examined, a comparative analysis of the responsibility for illegal abortion in foreign criminal law was conducted, the boundaries of the criminal legal protection of unborn life, guarded the norms of criminal law of Ukraine, established the ratio of corpus delicti, ensuring the protection of the unborn life nor, among themselves and with other corpus delicti; generalized features of punishability and qualifications of illegal abortion. Suggestions have been made to improve legislation regarding liability for unlawful abortion. It is proved that from the standpoint of legal ideology, the introduction of criminal liability for illegal abortion acts as a dialectical way of protecting the legal interests of society (demographic security), unborn life (the right to life of the fetus after 22 weeks of development), health (primarily reproductive) of a pregnant woman and the right to freedom of forming a woman’s reproductive choice.

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