V. Panchenko, N. Pastukhova, Konstantin Shushpanov, T. Shitova, I. Makarchuk
{"title":"安乐死的法律规制:全球趋势和俄罗斯实践","authors":"V. Panchenko, N. Pastukhova, Konstantin Shushpanov, T. Shitova, I. Makarchuk","doi":"10.2991/assehr.k.201205.043","DOIUrl":null,"url":null,"abstract":"The purpose of the article is to formulate the main development trends in regulating the issue of euthanasia, based on an analysis of the legislation and law enforcement practice in Russia and foreign countries, to determine the place of Russian law in the system of world national jurisdictions on the issue of euthanasia, to identify ways of possible further development of Russian legislation in this area. The study showed that in relation to the regulation of euthanasia, modern states can be divided into three main types. The first type is distinguished by a categorical prohibition of euthanasia. The second type includes countries in which society has actually come to recognize euthanasia, but the legislation has not had time to adapt to changing social relations. In countries of the third type, euthanasia is officially established as a legal procedure. Russia is usually classified as a country of the first type, however, recent judicial practice allows us to judge the reorientation of attitude to this issue towards the countries of the second type. Analysis of the prohibition of euthanasia from a legal perspective entails the need to qualify such a ban as restricting the human right to life. There are no legal obstacles to a legalization of euthanasia in Russia.","PeriodicalId":352612,"journal":{"name":"Proceedings of the XIV European-Asian \"The value of law\" (EAC-LAW 2020)","volume":"15 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Legal Regulation of Euthanasia: Global Trends and Russian Practice\",\"authors\":\"V. Panchenko, N. Pastukhova, Konstantin Shushpanov, T. Shitova, I. Makarchuk\",\"doi\":\"10.2991/assehr.k.201205.043\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The purpose of the article is to formulate the main development trends in regulating the issue of euthanasia, based on an analysis of the legislation and law enforcement practice in Russia and foreign countries, to determine the place of Russian law in the system of world national jurisdictions on the issue of euthanasia, to identify ways of possible further development of Russian legislation in this area. The study showed that in relation to the regulation of euthanasia, modern states can be divided into three main types. The first type is distinguished by a categorical prohibition of euthanasia. The second type includes countries in which society has actually come to recognize euthanasia, but the legislation has not had time to adapt to changing social relations. In countries of the third type, euthanasia is officially established as a legal procedure. Russia is usually classified as a country of the first type, however, recent judicial practice allows us to judge the reorientation of attitude to this issue towards the countries of the second type. Analysis of the prohibition of euthanasia from a legal perspective entails the need to qualify such a ban as restricting the human right to life. There are no legal obstacles to a legalization of euthanasia in Russia.\",\"PeriodicalId\":352612,\"journal\":{\"name\":\"Proceedings of the XIV European-Asian \\\"The value of law\\\" (EAC-LAW 2020)\",\"volume\":\"15 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2020-12-07\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Proceedings of the XIV European-Asian \\\"The value of law\\\" (EAC-LAW 2020)\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2991/assehr.k.201205.043\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Proceedings of the XIV European-Asian \"The value of law\" (EAC-LAW 2020)","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2991/assehr.k.201205.043","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Legal Regulation of Euthanasia: Global Trends and Russian Practice
The purpose of the article is to formulate the main development trends in regulating the issue of euthanasia, based on an analysis of the legislation and law enforcement practice in Russia and foreign countries, to determine the place of Russian law in the system of world national jurisdictions on the issue of euthanasia, to identify ways of possible further development of Russian legislation in this area. The study showed that in relation to the regulation of euthanasia, modern states can be divided into three main types. The first type is distinguished by a categorical prohibition of euthanasia. The second type includes countries in which society has actually come to recognize euthanasia, but the legislation has not had time to adapt to changing social relations. In countries of the third type, euthanasia is officially established as a legal procedure. Russia is usually classified as a country of the first type, however, recent judicial practice allows us to judge the reorientation of attitude to this issue towards the countries of the second type. Analysis of the prohibition of euthanasia from a legal perspective entails the need to qualify such a ban as restricting the human right to life. There are no legal obstacles to a legalization of euthanasia in Russia.