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3.1. A legal regulation problem evtanazii in Russia

Now in the Russian legal field there was an ambiguous treatment of such social phenomenon what is evtanazija. It is characterised by incompleteness of regulation and contradictions which are presented in legislative documents and departmental instructions.

In this connection objective necessity, proceeding, first of all, from medical and biologic aspects evtanazii has ripened, research of its legal nature and concept.

According to ch. 1 item 20 of the Constitution of the Russian Federation «each person has the right to a life» 1. The Right to life is the right belonging to each individual. It is subjective competence which should be distinguished from the life. This right is understood as a complex of active actions of all state and public structures, each person on creation and maintenance safe social and an environment of dwelling, conditions of a life [231 [232]. So, according to Constitution item 7: «the Russian Federation is the social state which policy is directed on creation of conditions,

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Providing a worthy life and free development of the person ».

Thus, from the Constitution text follows, that the right to life belongs to the person from the moment of a birth, and it is natural. Thus the right to death is not mentioned at all by any of sources. As the right to a worthy life is an inalienable law of the person, the state has a duty to provide its realisation. However it is necessary to reflect, if the person is mortally sick, whether is forced to spend the rest of the life in the constant torments caused by an illness, it is possible to consider such life worthy and whether the state has the right to refuse to such person in its right to death? A.N.Krasikov considered, that «the right to death is the same natural death of the person, as well as the right to life, and evtanaziju it is necessary to consider as a version of realisation by the person of the right to death» [233 [234]. The given opinion in certain degree has been supported and developed by others учеными.2

Now application evtanazii is one of the most disputable moral-ethical and legal questions for all society. Opinions of supporters and its opponents till now poljarny. Supporters of legalisation evtanazii give reason for the position, first of all that everyone has the right to dispose of the body and a life. They consider, that the tortures caused by incurable illness, it is possible to cease with its help. However fairly there is a question on that, how much from the moral party is correct to torment the sick person daily painful sensations? 1 leading criminologists of Russia also bring an attention to the question on full legalisation evtanazii [235 [236] [237].

Opponents evtanazii consider the given procedure inadmissible, believing fairly, that the life is the higher property and the termination

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It it is impossible differently as natural by.

Supporters of this point of view, first of all, are representatives of religious communities. So, the scientists preaching Islam, do not perceive any kinds evtanazii. Suicide, no less than murder because of compassion, in Islam are inadmissible [238].

Representatives of Judaic religion also oppose evtanazii, and any intended killing regard as moral harm.

Attempt to commit suicide is considered in a Judaism and a crime, and the big sin. The prick made with intention to cease a life of the patient, is among acts which are forbidden by the law. Medical workers in case of performance of the given injection come under to the criminal liability [239].

The Buddhism against life preservation at any cost (artificial maintenance). Besides, Buddhists consider what to meet death it is necessary in the clear consciousness, therefore many refuse anaesthesia. Evtanazija for Buddhists it is unacceptable [240].

Catholicism forbids evtanaziju in all kinds and any medical aid should be directed on preservation жизни2.

In orthodox Christian tradition the relation to death of the person and the various conditions previous it, is defined by understanding of soul of the person. The Moscow patriarchy of Russian orthodox church has accepted the statement about evtanazii (03.05.1999) in which it is registered: « Recognising value of a life of each person, its freedom and advantage as unique properties of the person created just like Bozhiju, orthodox clerics, scientific, doctors consider inadmissible realisation of any attempts of legalisation evtanazii as actions on intended killing of hopelessly sick people, considering evtanaziju as the special form of murder (under the decision of doctors or the consent of relatives), or suicides (at the desire of the patient), or a combination of that and another. Council opposes evtanazii in any form as its application will inevitably result: to criminalisation of medicine and loss of social trust to public health services institute; to desecration of invaluable gift of a human life; to belittling of advantage of the doctor and a distortion of sense of its professional duty; to decrease in rates of development of medical knowledge, in particular workings out of methods of the resuscitation, anaesthetising preparations, means of treatment of incurable diseases, etc.; To distribution to a society of principles of cynicism, nihilism and moral degradation as a whole, that is inevitable at refusal of precept observance «not uby».... Council considers evtanaziju unacceptable in the moral relation and strongly objects against consideration of the legislative projects trying legally to issue possibility of its application and by that to introduce in public consciousness an admissibility of murder or suicide by means of medicine »1.

For the purpose of revealing (change) of public opinion it is necessary for us to compare a number of sociological researches on population categories, to carry out the analysis with earlier spent researches for definition of tendencies.

First of all, it is important to find out opinion of the future generation of doctors concerning application evtanazii. Such interrogation has been spent in 1993 at the St.-Petersburg medical institute. First-year students have asked: whether «you Heard about discussion about the right to death of some categories of patients? What your opinion?» 17,1 % of respondents have answered, that anything about it did not hear, 63,5 % have expressed opinion that is heavy, hopelessly sick have the right to death, 14,8 % of students have expressed in favour of that the person has no right to voluntary death [241 [242].

In 1994 275 medical students who have taken a course of history of medicine where it have told about the relation to hopelessly sick people during the different periods of history, and also about concept evtanazii and its kinds in the same place have been interrogated. 76,0 % of respondents have expressed in favour of human rights on death. The opinion (14,0 %) concerning that people have no right to death has absolutely slightly decreased. Also on a question: whether «the doctor to the patient» Can help to die all have answered practically interrogated (98,9 %), thus 43,9 % of students considered, that the doctor never should do it, 40,5 % have answered, that the doctor can interrupt a life of the patient. Thus 25,0 % have underlined, that it is a medical debt. On a third year to respondents such questions, as were set: «That such evtanazija?» And

«Your relation to it?». By results of interrogation it was found out, that about evtanazii 67,2 % tretekursnikov have correct representation. Of 51,2 % have positively expressed it, is negative - 23,6 %

Respondents.

In 1994 also interrogation have spent on IV course of this medical institute. From 325 respondents on a question «As you understand passive evtanaziju?» 48,9 % of respondents could not answer, 62,0 % had about it only a general representation and only 5,4 % interrogated have given accurate concept passive evtanazii. On a question: «As you understand active evtanaziju?» 66,7 % of respondents have shown correct representation, 12,3 % have given the wrong answer. Basically they spoke about suicide. The positive relation of medical students to evtanazii is explainable opinion that a debt of the doctor to help to die adequately under its consent to incurably sick patient testing intolerable sufferings. The negative opinion of students about evtanazii is connected with representation that the professional duty of the doctor consists in struggle for a life of any patient up to the end. The exact answer about, whether legalisation evtanazii in the Russian Federation, students not дали1 is admissible.

For comparison, questioning on similar questions it was spent by us in 2012 among medical students (students 2-4 courses of the Baltic federal university of a name of I.Kanta - 60 persons). Already 27,0 % of medical students have supported legalisation evtanazii; 53,0 % of medical students against evtanazii; 11,0 % of medical students did not reflect on a problem evtanazii; 9,0 % of medical students have considered, that it is necessary for it to be trained in addition (trades evtanaziologov) [243 [244].

Interrogation among doctors and experts-experts is of interest. So interrogation which was spent with 1991 for 1992 in common Finnish Institute of hygiene of work and institute of the Russian Academy of Sciences of Russia, has shown the following. On a question: whether «you Consider admissible evtanaziju? 35,0 % of doctors have supported evtanaziju, more than 12,0 % on the brought attention to the question not ответили1. The majority of doctors did not face in the practice such situation in this connection could not give the exact answer. At interrogation of doctors it has been established, that do not suppose evtanaziju in general: among women - 25,5 %, among men - 14,6 %. Suppose it only in some cases: women - 24,6 %, men - 25,8 %. Subsequently, at interrogation carrying out in 1994, whether already 49,0 % of doctors are elderly till 30 years have answered positively a question« you Consider evtanaziju admissible in the Russian Federation? ».

The following interrogation was spent in 1998 among 122 doctors having the experience of medical practice more of 10 years. By its results it was found out, that 50,0 % from them support the permission both passive, and active evtanazii. 10,0 more % of respondents could not answer in connection with instability of conditions in public health services. And only 8,0 % of respondents categorically against evtanazii in any kind [245 [246] [247] [248].

As a result of questioning of medical experts by us (at 1 stage in 2012 - 150 doctors) on the basic question: whether «carrying out evtanazii Is necessary for hopelessly sick or dying patients?»: 34,0 % of respondents have supported worthy death of the patient; 55,0 % of respondents against evtanazii as believe, that the doctor should struggle until the last minute for a life of the patient; 11,0 % of respondents have refrained from the answer. 1

At the second stage in 2015 among 120 doctors on the same basic question: already 38,7 % of respondents have supported worthy death of the patient; 47,3 % of respondents against evtanazii since consider, that the doctor should struggle until the last minute for a life of the patient; 14,0 % of respondents have refrained from the answer. [249 [250] it is necessary to notice, that working in the oncological, cardiological, traumatologic branches having the direct relation to the seriously ill patients to patients, the question has been twice asked: whether «carrying out evtanazii Is necessary for dying patients?». In oncological branch at first 52,5 %, and in 2015 already 61,0 % interrogated have supported evtanaziju, in surgical branch at first 41,2, and then 53,5 %, in cardiological branch are invariable about 45,0 %.

Among the proquestioned medical experts answers of 50 doctors - court experts of specialised medical institutions, including scientific research institute of oncology of a name of N.N.Petrov (of S.Peterburg) are allocated. A question about active evtanazii in 2012 75,5 % have answered, that consider as its version of the forced murder (2015 - 78,8 %), consider 24,5 % as a desperate situation (2015 - 21,2 %). On a question about passive evtanazii answers are received: this suicide of the patient - 67,6 % (2015 - 68,3 %), suicide by means of the doctor-30,2 % (2015 - 21,7 %), a desperate situation - 2,2 % (2015 - 10,0 %). Thus the possible facts of fulfilment evtanazii in such establishments are denied.

On a question to experts in 2012: whether «you Consider, what it is necessary to legalise completely evtanaziju and to accept the Federal act« About evtanazii », how in some European countries?», 39,7 % of respondents have supported, against legalisation evtanazii and adoptions of law «About

evtanazii »38,9 %, 21,6 % - have refrained. In 2015 on this question for legalisation evtanazii 45,5 %, against - 22,7 % have already expressed,

Have refrained 31,8%1.

Thus, among medical experts the tendency of a gradual recognition evtanazii and its rights from patients is observed.

In November-December, 2012 we spend questioning among lawyers (200 people). Whether On a question «you Consider, what it is necessary to legalise completely evtanaziju and to accept the Federal act« About evtanazii », how in some European countries?»: 30,0 % of respondents have answered in the affirmative and consider, that legalisation evtanazii in Russia is necessary; 17,0 % of respondents consider, that it is not necessary to hope for the fast permission of the given question and abstain from the answer; 53,0 % of respondents categorically against as in communication by legalisation evtanazii considerable abusings that are possible. [251 [252] [253]

In 2016 at repeated selective questioning of 180 lawyers already 38,4 % consider evtanaziju admissible in the Russian Federation, 48,6 % consider not admissible, 13,0 % have refrained from the answer. Besides 32,3 % of respondents have answered, that legalisation evtanazii in Russia is necessary at the present stage of development of our society; 51,7 % of respondents have spoken against, since in connection with legalisation evtanazii the considerable are possible

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Abusings that, 16,0 % have refrained from the answer.

The sociological interrogation of citizens spent in 2002 in 94 settlements Russian Federations among 1500 respondents to which asked a question is indicative: «What do you think of evtanazii?». Results of interrogation have shown: 20,0 % of respondents consider, that evtanazija is inadmissible; 18,7 % - consider its admissible; 12,5 % - consider its inadmissible in most cases;

20,4 % - consider its admissible in most cases; 12,8 % - have not answered the given question; 15,6 % of citizens of Russia consider, that evtanazija in one cases can be applied, and in others нет1.

Interrogation which was spent on April, 29th, 2002 by radio station «Echo of Moscow», has shown, that 72,0 % interrogated do not agree with the decision of the European court under human rights by which it has been given up in the right on evtanaziju Dajane Pritti.

Further, the independent analytical centre has carried out public opinion research about evtanazii on August, 19th, 2004 in Sankt - Petersburg, Leningrad region and Moscow in which course 2438 persons have been interrogated. According to the received results the majority of inhabitants of these regions consider, that each person has the right to dispose of own life freely. Answers to a question: «In your opinion, what circumstances grant to the person the right to dispose of the life, including the right to death?» Were meted as follows: 31,1 % - such are not present; 18,7 % - incurable disease; 16,7 % - desperate position (a pain, sufferings). The remained voices were meted between variants of answers: « Loss of meaning of the life, [254 [255] sincere crisis (8,0 %) "," hopeless poverty (6,7 %) "," mental disorders (4,9 %) "," a victim for the sake of someone, for the sake of ideas (3,6 %) "," death close (3,6 %) "," feebleness, fear to become a burden (3,5 %) "," unfortunate love, problems in a family (1,8 %) "," loneliness (1,4 %) ». On a question:« If the recognition or non-recognition depended on you for the person of the right to dispose of own life, whether that as though you have answered a question «There is at the person a right to death?», - 39,0 % interrogated have answered "are not present", and 61,0 % - "are" 1.

Fund «Public opinion« in 2012 has carried out research about a problem of the relation of citizens of the Russian Federation to evtanazii. Interrogation has shown, that 20,0 % of respondents hear for the first time about this concept, about third of respondents take a positive view of the right to death. For evtanaziju 32,0 % of respondents while 36,0 % were at a loss to answer have expressed. More often others voluntary leaving from a life are considered admissible by people with higher education (37,0 %), inhabitants of large cities (43,0 %), people with the monthly income, exceeding 20 thousand roubles (47,0 %). Among arguments which were resulted by supporters evtanazii, it is possible to allocate the following: « It is humane, people should not suffer, suffer against the will »(20,0 %) and« the person has the right to dispose of the life »(7,0 %). Meanwhile 6,0 % interrogated consider, that at legalisation of similar procedure« abusings, crimes »are possible, and 2,0 % consider, that« there can be medical errors, miracles are possible, it is necessary to struggle for a life to the last »[256 [257].

Spent by us in 2012 interrogation among citizens (300 persons) in Northwest federal district has shown the following:

Whether on a question «you Recognize human rights on death?»: 56,0 % of respondents have answered in the affirmative; 35,0 % of respondents do not recognise for the person of the right to death; 9,0 % of respondents have refrained from the answer.

On a question «What do you think of evtanazii?»: 65,0 % of respondents have answered, that incurably sick person has the right on evtanaziju; 25,0 % of respondents approve, evtanazija is inadmissible by moral and religious criteria; 7,0 % of respondents have answered, that never reflected on it and consequently have refrained from the answer; 3,0 % of respondents do not know about such phenomenon, as evtanazija.

On a question «If you the problem evtanazii has concerned, as though you have arrived?»: at legalised evtanazii 50,0 % of respondents

Would take advantage of such right; 14,0 % of respondents have answered «probably, yes»; 36,0 % of respondents have expressed «categorically are not present» 1.

In 2016 at repeated selective interrogation of 120 citizens already 69,5 % of respondents have answered, that incurably sick person has the right on evtanaziju; 21,3 % of respondents consider evtanaziju inadmissible by moral and religious criteria; 6,8 % of respondents have refrained from the answer; 2,4 % of respondents do not know about evtanazii. On a question «If you the problem evtanazii has concerned, as though you have arrived?»: at legalised evtanazii 52,5 % of respondents would take advantage of such right; 17,3 % of respondents have answered «probably, yes»; 30,2 % of respondents have expressed «categorically are not present» [258 [259] [260].

Besides, in 2012 we carry out research among believing citizens (80 people). On a question: «As you consider, whether incurably sick person has the right to easy death?»: 21,5 % of believers support legalisation evtanazii in Russia; 53,5 % of believers against evtanazii, including its a deadly sin; 25,0 % of believers have refrained from the answer. These

Results are confirmed with the data received before J.A.Chernyshevoj at interrogation of parishioners of the Voznesensky temple of Eltsa [261]. Sights of believers remain former.

Thus, it is necessary to draw a conclusion, that the quantity of citizens of our state recognising for the person the right to worthy death, increases every year. We also can establish, that among representatives of the various fields of activity interrogated during researches, the tendency of a gradual recognition evtanazii and necessities of its legalisation is observed. At the same time it is observed most of all supporters passive evtanazii. Against legalisation evtanazii lawyers numerically are on the first place, that is quite defensible from the point of view of a blank of legal regulation of this difficult social явления2.

Also there is a public opinion, that the operating interdiction on evtanaziju in Russia can entail its criminalisation and at all does not exclude its latent application. This point of view expresses many authors. For example, With. V.Borodin was expressed so: «for anybody not the secret, that passive evtanazija is applied in Russia often enough, for that simple reason, that hospitals have no possibility to continue treatment of the patient, not having sufficient means for acquisition of necessary medicines. The size of pension paid in Russia just is equal to cost of a dose of a medicine which can be used the person for

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Painless leaving from a life ».

Acknowledgement to it are the become frequent cases so-called «household evtanazii», made in Russia out of medical institutions.

The business first in Russia about «conditional evtanazii» has been considered in 2005 by the Rostov provincial court. A victim became 32-year-old N. B which has suffered in accident and remained the invalid chained to a bed. Having decided what lives in such condition she cannot, N.B. Has asked about the help in leaving from a life of two minor girls. After long doubts those have agreed to help the woman, long time suffering from heavy illness. The court recognised both as guilty of deliberate murder of the seriously ill patient of the person. Thus murder on motive of compassion has been qualified on ch. 1 items 105 UK the Russian Federation, that is as second-degree murder [262].

We investigate available materials of judiciary practice where as victims there passed incurably sick persons in the presence of their requests for the deprivation of life. Thereupon the following example is characteristic. L has made murder M, obviously for it being in the helpless

Condition under following circumstances. On January, 9th, 2011 L........ From

Compassions to hard sick M, satisfying its request for the deprivation of life, realising, that owing to a state of health it is not capable to show to it resistance, for the purpose of murder has squeezed her neck a cord, having caused menacing to a life stranguljatsionnuju a furrow, has deprived of possibility to breathe, paternal she has deceased on a scene. During preliminary investigation L has shown, that his wife suffered heavy oncological disease. In the end of 2010 state of health M has worsened, accompanied by strong pains, it practically did not accept food. In the evening on January, 9th, 2011 M has told to it: «Strangle me, I cannot suffer from a pain» any more. Court L. Has been recognised by guilty of the committing a crime, the provided item « In »ch. 2 items 105 UK the Russian Federation and, applying positions of item 64 UK the Russian Federation, have appointed to it 4 years of imprisonment in a corrective colony of a strict mode. By results of cassation consideration of criminal case by the full court on criminal cases of the Supreme Court from November, 17th, 2011 the sentence is changed, actions L are retrained from item 105 ch. 2 items« in »UK the Russian Federation on item 105 ch. 1 UK the Russian Federation on which 4 years of imprisonment with enduring the punishment in a corrective colony of a strict mode are appointed with application of item 64 UK the Russian Federation, in other part the sentence is left without change and has entered validity» 1.

It is necessary to notice, that it not the first business about evtanazii which was considered in vessels of Kurgan area. In January, 2011 the inhabitant of village Virgin this region ZH has received 3,5 years of imprisonment in a colony of a strict mode for murder of sister which suffered a cancer of a throat of IV stage. The woman also itself has asked to cease the brother its sufferings [263 [264].

Indicative example active evtanazii is murder K of incurably sick mother. To the woman diagnosed a cancer of a breast of 4th stage. Finished by terrible pains excessively, she asked about death of the son, and after its refusal - the cousin, girlfriends, the attending physician from a polyclinic. After two attempts of a suicide undertaken to it the son has agreed to help mother and has strangled its towel. K has been made accountable on ch. 1 items 105 UK the Russian Federation and to it punishment with application of item 64 UK the Russian Federation in the form of imprisonment for 4 years without freedom restriction is appointed. On the basis of item 73 UK the Russian Federation, appointed K punishment is established conditionally with a trial period 3 years during which it the behaviour should prove the correction [265].

In our opinion, operating practice of condemnation of the persons who have made evtanaziju, on ch. 1 item 105 UK the Russian Federation does not consider specificity of this act and breaks basic principles of criminal law - humanism and справедливости1. Especially, to the criminal liability on ch. 1 items 105 UK the Russian Federation are involved relatives or acquaintances more often. Medical workers, proceeding from the analysis of judicial statistics spent by us, avoid the criminal liability for its fulfilment on ch. 1 items 105 UK the Russian Federation, are involved on other adjacent structures (the item of item 124-125 UK the Russian Federation). In the criminal law there is no the special provision allocating and forbidding evtanaziju under the threat of punishment, the special legal nature considering it. The given fact is a blank in the Russian criminal legislation. This opinion is divided by many authors. Introduction criminally-rule of law, namely the exclusive corpus delicti, providing responsibility for evtanaziju, will allow to consider features of the given act having smaller degree of the social danger, and during too time will not give possibility to avoid punishment to a certain circle of persons. Besides, punishment under criminal law threat for evtanaziju will be one of the state elements, allowing to keep a life to the person.

In our opinion, in the future the Russian society, considering public opinion tendencies, will come to legalisation evtanazii which should not be applied to minors as in Belgium. [266 [267]

Thereupon it is necessary to notice, that in 2007 the Federation Council of the Russian Federation has prepared the bill, legalizujushchy in Russia evtanaziju which has caused at once a wave of criticism from the public and has been removed with повестки1.

The Russian scientists, in particular J.A.Chernyshevoj, also has been developed a bill «About evtanazii», representing doubtless scientific interest [268 [269] [270]. The Bill consists of 2 sections including 18 articles. Marking positive sides, at the same time, in our opinion, in a bill there are essential defects and contradictions. So in item 1 definition is made of specialised branch: « Specialised branch - branch in which there are incurably sick or inkurabelnye the patients preparing for realisation of the certificate evtanazii ». The made definition has no accurate and clear formulation: as« the patients preparing for realisation evtanazii »how there will pass preparation, for how many patients will be translated days in specialised branch and in what preparation of patients will consist. Answers to these questions have essential value. So the patient with deadly disease has thoughts about evtanazii, it brings to the notice of the doctor the request and further it gets to specialised branch where the circle of patients where both patients and doctors discuss evtanaziju is narrowed, and it already affirms as thought about evtanazii. Thus, here there is a legitimised instigation on fulfilment evtanazii from medical staff.

In item 2 the circle of persons which possess the right to carry out evtanaziju is specified: «the Right to realisation evtanazii is given doctors of a special category -« evtanaziologam »or to anaesthesiologists and reanimatologam» 1, however in item 4 «the Rights and duties of the medical worker (doctor)»: «the doctor has the right to refuse carrying out evtanazii owing to the religious and moral promptings» [271 [272]. If the right to carry out evtanaziju is offered to doctors of a special category, about what religious and moral promptings there can be a speech? When the doctor has meaningly chosen a trade "evtanaziologa" and was trained under the special program, at a realisation stage evtanazii can refuse performance of the professional duties, it means professionally is not suitable, thus, it is necessary to clean the given criterion from item 4 or to result according to project item 2.

Chernysheva J.A. writes about introduction of a new medical speciality, however, in our opinion, should be legislatively registered and restrictions for reception of the given kind of a speciality. And as in any case there will be a speech about the legitimised murder, consider introduction of such speciality not expedient.

At the same time we do not agree with legalisation evtanazii in Russia now on following bases. It is impossible to legalise voluntary death, not having lifted at first a standard of living and quality of health services on high enough level. It, unequivocally, forced and the sole penalty of the termination of a life. Also there is a danger of that having begun with voluntary evtanazii, after a while the society can easily pass to evtanazii compulsory as representations about sanctity and inviolability of a human life will disappear. Even supporters evtanazii recognise: « The person is not only an animal, able to do work tools, but also the conceiving being having belief, traditions and rituals. Evtanazija it is necessary to the person dying tormently, but it cannot be immediately introduced in practice as system. Professionals who could be entrusted the organisation and performance evtanazii, should be not only the experts knowing clinical physiology, psychology and medical technology of death and evtanazii, but also people of high culture that their actions were strictly individual and faultless. Such professionals exist while in rather limited quantity, and delicate business evtanazii should be carried out not by units of the list of staff, and persons. Evtanazija as the compulsory measure should be carried out in the way which is not causing to the patient of additional sufferings and not degrading its human advantage. The legislative regulation evtanazii should consider not only process of its performance, but also the special positions excluding possibility of abusing evtanaziej. Such regulation should be combined harmoniously with level of sense of justice of citizens, a society and the state structure in each separate country »[273].

At the given stage it is necessary to reflect not on how correctly to legitimise killing of people, and how it is possible to settle legislatively more essential problems connected with their treatment and prolongation of a life. The regulation of such questions, as is for this purpose necessary: maintenance with enough trankvilizirujushchih and sleeping medicines, analgetikov modern quality; perfection of methods and ways of the treatment, allowing to eliminate those corporal hurts which often accompany death; maintenance of appropriate medical leaving; carrying out of psychological preparation of the person to natural death, fear decrease before death; creation for dying psychologically comfortable environment, conditions of mental rest for what it is necessary that near to it were the doctor, sister of mercy, the psychologist, the priest, the teacher, favourite relatives, friends; maintenance in the person of internal feeling nuzhnosti, importance for associates; Development of hospices, their creation сети1. Simultaneously with it the state is obliged to offer the patient the alternative help in the form of palliative treatment. Palliative treatment begins when all other kinds of treatment any more are not effective when the person starts to speak about death when the vital bodies start to refuse. The purpose of such treatment is creation for the patient of possibilities of better quality of a life. It should be directed not only on satisfaction of physical requirements of the patient, but also on satisfaction not less important - psychological, social and spiritual. In palliative treatment by the paramount purpose is not to extend a life, and

L

To make remained as more as possible comfortable and significant. Here again

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It is necessary to study the international experience in the decision of the given question.

The idea of hospices represents a compromise example between positions of supporters and opponents evtanazii [274 [275] [276] [277]. The hospice is an alternative to suicide, alternative evtanazii if it is a question about heavy and even the deadly diagnosis. The first hospice in Russia has been opened in 1990 under the initiative and at active personal participation of English journalist Victor Zorzy and the doctor-psychiatrist And. V.Gnezdilova in Lahta (St.-Petersburg). In 1994 at the initiative of V.Zorzy the First has been opened also Moscow хоспис1.

In Russia today operates more than 70 hospices. In the city of Kaliningrad also is available hospisnoe branch at City hospital № 5. The given branch contains only 50 patients, accordingly turn in a hospice the huge. Many patients do not wait the turn and houses die tormently. Now it is unique in area a free hospice.

World experience shows, that one hospice should serve area with the population of 300-400 thousand persons. By calculations, in Russia there are no more than 500 hospices (it without geographical features and population density in some regions). Hence, for it is required not only to render the decision of the given problem material support operating in territory of Russia to hospices (including their expansion) but also to allocate means for creation of new regional hospices in the quantity repeatedly exceeding the available.

In our opinion, during the modern period Federal act acceptance «About evtanazii» is premature. We share nobody L.Adamjan's confuted opinion, the academician of the Russian Academy of Medical Science: «For today the problem evtanazii has set of not resolved questions, to expect their fast permission it is practically impossible. Evtanazija - destiny intelligent, intellectual, a civilised society. We, our country completely meet these to requirements? G otovy we to an adoption of law about evtanazii? Here at me the big doubts. We know, how at times mortally fight for the same square metres on what there are crimes. [278 [279]

Abusings are possible at evtanazii? Yes as much as necessary! Who will supervise it? Who will be judges? It is more than questions, than answers. Anyway while »1.

In spite of the fact that legislative regulation of a problem evtanazii has ripened, during the present period its action is unreal. To solve this problem it is necessary, commensurating necessary with the possible. The main problem is that for last years our country has gone through a considerable quantity of economic shocks. For today the society neither morally, nor financially is not ready to practical steps to the given direction. On the one hand, the problem of possible legalisation evtanazii gets a special sharpness in the conditions of proceeding devaluation of moral values in a society when kommertsializatsija became one of the central processes of a public life. Medicine and public health services - at all their humanity and behind all their "whiteness" - very rigid and even severe spheres of human activity. They become even more severe in the conditions of their universal thoughtless (or deliberate) kommertsializatsii when in a basis of the decision of the doctor whom to treat and who is not present, the financial solvency of the patient is put. Unfortunately, becomes the doctors, ready to treat the patient while that to eat than pay [280 [281] more and more. Under a condition, if the deprivation of life is legislatively authorised, the medical personnel has no need to puzzle how to facilitate sufferings of the patient medicamentous, psychological and other means, and scientific - biologists will cease to invent new means of struggle against a cancer, an immunodeficiency and other dangerous illnesses [282]. In our opinion, legalisation evtanazii cannot be admissible until the society will not reach a level of development necessary that the material factor (including Questions of acquisition of expensive medicines, the medical equipment, life-support systems) have been completely excluded from the list of the possible reasons of its application.

On the other hand already now it is necessary to be engaged in preparation of a society for that the given problem is required to be solved, as everything, as to human rights, including - and its rights to death - in a lawful state are necessary for regulating as morally-ethical standards, and norms of the law [283].

Thus, it is necessary to draw following conclusions:

- evtanazii it is necessary to understand acceptance of the act regulating the bases, conditions, carrying out procedure as legal regulation evtanazii in specialised medical institutions. Indications on which carrying out evtanazii is possible: the patient is recognised by incurably sick person testing intolerable corporal hurts; absence of effectual measures of treatment, obligatory presence of the voluntary request of the patient or its legal representative about evtanazii;

- By preparation of such act it is necessary to start with positive experience of the foreign states which have legalised evtanaziju;

- It is necessary to differentiate the right of the patient on evtanaziju and the right of refusal of treatment and other medical intervention;

- The question on legalisation or interdiction evtanazii in Russia cannot be resolved without preliminary discussion in a society (on a referendum and other forms of public discussion);

- To an adoption of law about legalisation evtanazii its questions ugolovnopravovoj estimations demand the permission [284].

3.2.

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A source: Antonenko Maria Markovna. EVTANAZIJA AS the MURDER VERSION In CRIMINAL LAW of Russia. The dissertation on competition of a scientific degree of the master of laws.kaliningrad. 2018

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