Unlawful Medical Interruption of Pregnancy in the System of Crimes Against Life and Health
( Pp. 154-158)
More about authors
Ognerubov Nikolai Alekseevich
Dr.Sci.(Med.), Cand.Sci.(Law), Professor, Professor of Criminal Law and Procedure Department of Law and National Security Institute
Derzhavin Tambov State University
Tambov, Russia
Derzhavin Tambov State University
Tambov, Russia
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.
How to Cite:
Ognerubov N.A., (2022), UNLAWFUL MEDICAL INTERRUPTION OF PREGNANCY IN THE SYSTEM OF CRIMES AGAINST LIFE AND HEALTH. Economic Problems and Legal Practice, 2 => 154-158.
Reference list:
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.
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.
Keywords:
pregnancy, termination of pregnancy, illegal abortion, criminal law protection, crimes.
Related Articles
1. SCIENTIFIC SCHOOL OF DOCTOR OF SCIENCE, PROFESSOR LOPASHENKO N.A. Pages: 16-18 Issue №10864
Scale of risks of migration processes criminality
migration
crime migrants
crimes against foreign citizens
crimes
committed by foreign citizens
Show more
9. Criminal procedure Pages: 201-204 Issue №6998
Separate measures of increase of efficiency of prevention of crimes that infringe on the freedom of conscience
crimes
infringing on the freedom of conscience
religious rights and freedoms of citizens
criminal policy
prevention of crimes
Show more
7. Criminal law, Criminal enforcement law, Criminology Pages: 163-166 Issue №4088
TO THE QUASTION OF QUALIFICATION OF CRIMES, PROVIDED BY CLAUSE 179 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
crimes
economy
coercion
the deal
housing
Show more
3. CRIMINAL, CRIMINOLOGICAL, ADMINISTRATIVE AND OTHER MEASURES FOR COUNTERING CRIME IN CONTEMPORARY CONDITIONS Pages: 200-204 Issue №21729
Criminal Legal Description of Fraud Committed with the Use of Information and Telecommunication Technologies
fraud
cybercrimes
crimes
cyberfraud
information technology
Show more
8. Forensics; Forensic expertise; Operational and search activities Pages: 165-167 Issue №5215
TYPES OF CRIMES COMMITTED IN THE BUILDING DESIGN DEVELOPMENT
the building complex
the stages of construction
crimes
committed in the development
negotiation and approval of the initial permits and design estimates
Show more
7. Criminal; Criminal enforcement law Pages: 177-181 Issue №6998
Organizational and management factors, contributing to the commission of crimes against life and health in prisons
crimes
health
life
determinants
organizational and managerial activities
Show more
6. CRIMINAL LAW, CRIMINAL ENFORCEMENT LAW, V.P. REVIN"S SCIENTIFIC SCHOOL Pages: 150-153 Issue №2615
Some aspects of criminal policy in the protection sphere turn of currency values
criminal policy
its implementation
crimes
currency values
economic security
Show more
11. CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL ENFORCEMENT LAW 12.00.08 Pages: 243-246 Issue №17214
Legal regulation of punishments for crimes committed by officials in the sphere of economic activity
corruption
punishment
officials
crimes
anti-corruption expertise
Show more
УГОЛОВНО-ПРАВОВЫЕ НАУКИ (СПЕЦИАЛЬНОСТЬ 5.1.4.) Pages: 273-278 Issue №24364
Selected Aspects of Financial Investigations
financial violations
financial investigations
crimes
forensic examinations
interactions
Show more
11. YOUNG SCIENTISTS IN ACTUAL CRIMIAL LAW PROBLEMS SOLVING Pages: 241-243 Issue №17728
Features improvement of aggravating circumstances stipulated in Art. 290 of the Criminal Code (bribery)
corruption
crimes
mechanism
improvement
officials
Show more