使用安乐死的法律规制:国外经验和乌克兰现实

T. Kulik, T. Mironyuk
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引用次数: 0

摘要

该研究的目的是分析在国外使用安乐死的法律法规,并概述在乌克兰引入安乐死的前景。为了实现这一目标,有必要完成以下任务:找出安乐死概念的内容,确定在国外引入安乐死的宪法基础;描述引入安乐死的法律机制。研究的方法论基础是一套一般科学方法和特殊科学方法,它们的复杂应用是为了达到研究目标和完成研究任务。在乌克兰,使用安乐死的宪法和法律规定也成为当代研究的对象。在这篇论文中定义的是比较法律方法,它允许比较不同国家使用安乐死的方法。预测确定了在乌克兰使用安乐死的可能后果。科学的原创性在于,在研究“安乐死”概念内涵的基础上,对安乐死合法化反对者和支持者的观点进行分析和系统化,形成安乐死的引入不是生命权的组成部分,相反,是对生命权的侵犯,否定了人的生命是最高社会价值的观点。在安乐死的法律规制背景下,应当明确界定国家鼓励个人随意结束生命,从而背离人的生命是最高价值的假设。在生活水平较高的州,人们观察到安乐死合法化的趋势。它可能与法律科学范围之外的情况有关,因此迫切需要考虑精神病学,心理学和社会学的这些过程。在已将安乐死合法化的国家,存在许多问题,包括医务人员的虐待案件、来自追求非法利益的病人亲属的压力、医生对病人状况的结论的相对性,以及无法充分评估病情严重的病人的情况。关于上述情况,研究报告建议,法律规章,包括国际法律标准一级的法律规章,应处理与使用人工维持人类生命有关的问题,因此有必要制订其程序、适用、开始和终止的条件。安乐死的问题应该被审查,因为一个人因疾病、年老或自我认知而要求结束自己的生命,一些安乐死合法化的州已经可以分析这种决定的后果。还应铭记,在乌克兰绝对不允许安乐死并不能解决与绝症患者的痛苦有关的问题。因此,研究这一课题对乌克兰具有重要意义
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Legal regulation of the use of euthanasia: Foreign experience and Ukrainian realities
The purpose of the study is to analyse the legal regulation of the use of euthanasia in foreign countries and to outline the prospects for the introduction of euthanasia in Ukraine. In the furtherance of this goal, it was necessary to perform the following tasks: to find out the content of the concept of euthanasia, to determine the constitutional basis for its introduction in foreign countries; to characterise the legal mechanisms for the introduction of euthanasia. The methodological basis of the research was a set of general scientific and special methods, and their complex application was aimed at achieving the goal and fulfilling the tasks of research. Constitutional and legal regulation of the use of euthanasia has also become the object of contemporary research in Ukraine. Defining in this paper is the comparative legal method, which allowed comparing approaches to the use of euthanasia in different countries. The forecasting determined the possible consequences of the use of euthanasia in Ukraine. Scientific originality consists in forming on the basis of studying the content of the concept of “euthanasia”, analysing and systematising the views of opponents and supporters of legalising euthanasia the position that the introduction of euthanasia is not a component of the right to life, but, on the contrary, is a violation of this right and denies the idea that human life is the highest social value. In the context of legal regulation of euthanasia, it should be clearly defined that the state encourages the termination of a person's life at will, and therefore departs from the postulate that a person's life is the highest value. The trend towards legalising euthanasia is observed in states with high living standards. It is probably related to circumstances that are outside the scope of legal science, so there is an urgent need to consider such processes by psychiatry, psychology, and sociology. In states that have legalised euthanasia, there are many problems, including cases of abuse by medical personnel, pressure from relatives of patients pursuing illegal interests, the relativity of doctors' conclusions about the condition of a sick person, and the inability to adequately assess what is happening to patients in serious condition. In connection with the above, the study suggests that legal regulation, including at the level of international legal standards, should address issues related to the use of artificial maintenance of human life, so there is a need to develop its procedure, conditions for application, start and termination. The issue of euthanasia as the termination of a person's life at their request due to illness, old age or due to a person's self-perception should be reviewed, and a number of states where it is legalised can already analyse the consequences of such a decision. It should also be borne in mind that the absolute inadmissibility of euthanasia in Ukraine does not solve issues related to the suffering of terminally ill people. Therefore, the study of this topic is important for Ukraine
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