关于安乐死的法律文化和立法:法律监管的新水平还是法律体系的崩溃?

T. Tsvetikova, V. Oxamytny
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引用次数: 0

摘要

安乐死是指患有不治之症或患有导致其身心痛苦的疾病的人自愿退出生活。这种做法从古代就开始使用了,在古罗马和斯巴达,老人和残疾人被从山上扔下去。之所以需要这样一项政策,是因为在常规军事行动的情况下,国家无力支持弱势成员。纳粹德国的纳粹也支持类似的立场,他们为残疾公民创造了毒气室,作为“轻松死亡”的类比,其中包括精神障碍患者;患有癫痫的人;有任何健康异常的残疾人;治疗5年以上的患者。除了患有各种疾病的人之外,吉普赛人、犹太人和波兰民族的代表也属于同一群体。很明显,在这种情况下,安乐死被认为是对国家处置其公民生命的明显滥用。在现代外国和俄罗斯联邦,这一程序似乎是满足患有不治之症或严重身心疾病的人有尊严地迅速结束其生命的愿望的一种方式。这种将自己归类为死者的愿望在多大程度上是自愿和有意识的,以及它是否符合现代法律规范,这在本出版物中得到了考虑,同时提供了更多建设性的方式来帮助有需要的个人。
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LEGAL CULTURE AND LEGISLATION ON EUTHANASIA: A NEW LEVEL OF LEGAL REGULATION OR THE COLLAPSE OF THE LEGAL SYSTEM?
Euthanasia is a voluntary withdrawal from the life of a person suffering from an incurable disease or having a disease that causes him physical and mental suffering. This practice has been used since the period of antiquity, when in Ancient Rome and Sparta, the elderly and the disabled were thrown from the mountains. The need for such a policy was explained by the inability of the state to support weak members in the conditions of regular military campaigns.  A similar position was supported by the Nazis of nazi Germany, who created gas chambers as an analogue of "easy death" for disabled citizens, which included people with mental disorders; people suffering from epilepsy; disabled people with any health abnormalities; patients who had been treated for more than 5 years. In addition to persons with various pathologies, representatives of Gypsy, Jewish, and Polish nationalities were included in the same group. It becomes obvious that in such a context, euthanasia is perceived as a clear abuse of the state to dispose of the lives of its citizens.  In modern foreign countries and the Russian Federation, this procedure seems to be a way to satisfy the desire of a person suffering from an incurable or severe disease of both a somatic and mental nature, in a dignified and rapid termination of his existence.  To what extent such a desire to classify oneself as deceased is voluntary and conscious and whether it fits into modern legal norms is considered in the presented publication, which at the same time offers more constructive ways to help individuals in need.
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