Email this article Unlawful Medical Interruption of Pregnancy in the System of Crimes Against Life and Health
- Authors: Ognerubov N.A.1
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Affiliations:
- Derzhavin Tambov State University
- Issue: Vol 18, No 2 (2022)
- Pages: 154-158
- Section: Articles
- URL: https://journals.rcsi.science/2541-8025/article/view/147068
- DOI: https://doi.org/10.33693/2541-8025-2022-18-2-154-158
- ID: 147068
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Abstract
In this article, the author aimed to analyse the question of the place of illegal abortion in the system of crimes against life and health. In order to achieve this goal, a layer of tasks was accomplished: consideration has been given to the present stage of the development of the legal regulation of illegal abortion and the doctrinal approaches available regarding the legal regulation of this procedure and its legal consequences, as well as the criminal law analysis of this offence. Separately, in order to achieve the above objectives of the study, the author highlights the aspects of proper qualification of illegal abortion, as well as the analysis of features (criteria) differentiating between illegal abortion procedure, murder and murder of a newborn baby by the mother. Ultimately, the author, using general scientific methods of research, as well as private scientific methods, among which are comparative-legal and system-structural methods, concludes that the problem of distinguishing related crimes against life and health is relevant, both for Russia and for other countries of the world. The correct location and proportion of illegal abortions, which may be differently labelled in other countries' legislation, is essential for the case-by-case management, correct sentencing and the prevention of similar crimes in the future.
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##article.viewOnOriginalSite##About the authors
Nikolai A. Ognerubov
Derzhavin Tambov State University
Email: nickognerubov@yandex.ru
Dr. Sci. (Med.), Cand. Sci. (Law), Professor; Professor of Criminal Law and Procedure Tambov, Russian Federation
References
- Dyadyun K.V. Analysis of objective signs of the composition of Article 123 of the Criminal Code of the Russian Federation: problematic issues of the legislative approach and law enforcement // Lawyer. 2014. No. 9. pp. 39-35.
- Dyadyun K.V. Illegal artificial termination of pregnancy: problems of differentiation from related compositions // Eurasian Advocacy. 2016. No. 6 (25). pp. 44-45.
- Kiseleva I.A., Bezrukov E.N. Illegal artificial termination of pregnancy (Article 123 of the Criminal Code of the Russian Federation): problematic aspects // Volga Scientific Bulletin. 2015. No. 122 (52). pp. 67-74.
- Markina I.N. Comparative analysis of the legislation of the countries of Europe and North America establishing criminal liability for illegal artificial termination of pregnancy (abortion) // Education and law. 2019. No. 3. pp. 276-282.
- Markina I.N. Criminal-legal characteristics of the immediate object and the victim during the illegal artificial termination of pregnancy // Education and law. 2018. No. 12. pp. 175-180.
- Pashchenko E.A. Criminal liability for illegal abortion: the ratio of bioethics and law // North Caucasian Legal Bulletin. 2013. No. 4. pp. 73-77.
- Chuprikov R.A. On the issue of the object of the crime under Article 123 of the Criminal Code of the Russian Federation // Bulletin of SPbU. Ser. 14 «Law». -2016. -Vol. 2. pp. 40-45.
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