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THE CONCLUSION

The carried out research according to its purposes and problems has allowed to formulate scientifically substantiated conclusions, offers and recommendations which consist in the following:

1. The problem gnoseology has allowed to add and allocate five basic stages of occurrence and development of sights on evtanaziju.

The given periodization promotes understanding of essence and the maintenance of this social phenomenon, judgement of an urgency of a problem evtanazii, connected with its legal regulation. It is necessary to establish, that the uniform, standard definition evtanazii is absent till now, as this phenomenon has difficult, many-sided character.

2. The legal concept and a criminally-legal estimation evtanazii as socially dangerous act should be based on medikobiologicheskih criteria. The carried out analysis of available sources and generalisation of the scientific points of view has allowed to allocate the basic medikobiologicheskie criteria evtanazii:

1) presence of incurable disease,

2) duration of application of medicamentous treatment,

3) inevitability of a lethal outcome,

4) presence of corporal hurts which the patient estimates as intolerable,

5) ischerpannost all possible medical means in the absence of effectual measures of treatment,

6) the voluntary request of the person or its legal representative for death causing.

3. The carried out analysis of legal regulation and a criminally-legal estimation evtanazii the separate states of Europe and Asia allows to allocate following groups:

- The countries which have legalised evtanaziju in passive and active forms;

- The countries which have officially resolved only passive evtanaziju;

- The countries regulating evtanaziju on the basis of judicial precedents;

- The countries denying the right to death as the right of the citizen and providing the criminal liability for evtanaziju;

- The countries providing the criminal liability, both for evtanaziju, and for assistance in its realisation.

The legal regulation analysis evtanazii has revealed lacks: possibility of a medical error is not settled to the full; abusings procedure evtanazii are not excluded; the problem of a suicide and evtanazii is not differentiated; the morally-ethical problem evtanazii as the contradiction in moral foundations of the person is not resolved; the technology problem evtanazii (that the person after introduction of a deadly injection feels) is not resolved.

The analysis, including the criminal legislation testifies to the following:

- In a number of the countries separate articles about evtanazii (item 135 UK of Azerbaijan are allocated; item 110 UK of Georgia, etc.), that represents an independent exclusive kind of deliberate causing of death, allows to detail and concretise features of the given crime;

- In a number of the countries murder on motive of the compassion, made at the desire of the victim which represents an independent exclusive kind of deliberate causing of death is allocated separately, and provides softer punishment in comparison with what is appointed for idle time or the qualified kinds of murders;

- Besides, those states in which are provided an exclusive kind of the murder made at the desire of the victim, as a rule, include in the criminal codes and structures of complicity to suicide or declinations to it (item 127 UK of Bulgaria, §78 UK Austria), § 240 UK Denmark, item 151 UK of Poland).

At the same time, in the majority of the countries of the world, including and Russia, there are resolved criminally-legal problems evtanazii, it is equated to second-degree murder and bears the raised sanctions from the state.

4. Research of legal regulation and a criminally-legal estimation evtanazii in the USA allows to establish, that at the heart of the developing American legal system on realisation evtanazii judicial precedents lay; there is no uniform federal standard base which could regulate uniformly questions of realisation of the right to death; the corresponding legislative base of subjects of federation is in a formation stage, thus there are some its models, and legislators of some states take opposite positions on this question; application of various methods evtanazii and various legal approaches to it leads to growth of contradictions in the American society.

In our opinion, on a problem evtanazii, its concept and criteria of legalisation at level of the international institutes (the United Nations, the CART, etc.) working out of the unified legal model is necessary for it implementatsii national legal systems.

5. By the author legal regulation evtanazii in Russia is understood as acceptance of the act regulating the bases, conditions, carrying out procedure evtanazii in specialised medical institutions. By preparation of such act it is necessary to start with positive experience of the foreign states which have legalised evtanaziju. Thus 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 an interdiction evtanazii in Russia cannot be resolved without preliminary discussion in a society (on a referendum and other forms of public discussion).

6. The carried out research allows to establish, that necessity of allocation evtanazii as an independent exclusive kind of a crime is caused by degree of its social danger, features of relationships of cause and effect and the mechanism of its fulfilment. It promotes realisation of principles of justice and humanism according to which punishment and other measures of criminally-legal character applied to the person, committed a crime, corresponded to character and degree of the social danger of a crime, circumstances of its fulfilment, the person of the guilty.

7. The carried out research has allowed to allocate features evtanazii as murder versions on motive of compassion which consist in the following:

Object of an encroachment are the public relations directly connected with a life of incurably sick person;

The objective party evtanazii is expressed in nonviolent action (inactivity), consequences in the form of approach of death of incurably sick person and a causal relationship between them;

The subject of the given crime is the person informed on illness, a member of a family of the patient or the medical worker;

The subjective party evtanazii is expressed in the express intent on the deprivation of life of incurably sick person under its voluntary request;

The basic motive is the compassion;

The purpose is disposal of incurably sick person of the intolerable corporal hurts caused by available disease.

8. The carried out research allows to draw a conclusion that till that period of time while evtanazija it will not be resolved by the Russian legislator, it is necessary to enter into the Criminal code of the Russian Federation the norm including the independent exclusive corpus delicti - murder on motive of compassion in author's edition (item 1051. Murder on motive of compassion (evtanazija).

9. Evtanazija on a number of signs coincides with the basic structure of murder (ch. 1 items 105 UK the Russian Federation). At the same time evtanazija possesses the discriminating signs, allowing to delimit it from second-degree murder. Evtanazija it is expressed in operation (inactivity) of the nonviolent character directed on causing of death to incurably sick person. The person informed on illness, a member of a family of the patient or the medical worker at presence at it the express intent directed on the deprivation of life of mortally sick person under its voluntary request can be the subject evtanazii. Evtanazija it is made only on motive of compassion and its purpose is disposal of incurably sick person of the intolerable corporal hurts caused by available disease.

10. The carried out research has allowed to spend otgranichenie evtanazii from the qualified structures: murders of the person who is in obviously helpless condition (the item "z" ch. 2 items 105 UK the Russian Federation); the murder made with special cruelty (the item "in" ch. 2 items 105 UK the Russian Federation); murders with a view of use of bodies or fabrics sustained (the item "m" ch. 2 items 105 UK the Russian Federation), on the objective and subjective party of these structures of crimes. Basic difference from the specified crimes is seen in operation (inactivity) of nonviolent character at evtanazii, motive (evtanazija it is made only on motive of compassion), the purpose (in a case evtanazii is the termination of sufferings of incurably sick person) and obligatory presence of the voluntary request of incurably sick person on causing to it death.

11. Otgranichenie evtanazii from other adjacent structures of crimes, as causing somebody to commit suicide concerning the person, obviously for guilty being in a helpless condition (the item « And »ch. 2 items 110 UK the Russian Federation), or declination to fulfilment of suicide or assistance to fulfilment the suicides which have entailed suicide or attempted suicide of the person, obviously for guilty being in a helpless condition (ч.5 item 1101 UK the Russian Federation), or refusal to aid sick without valid excuse the person, obliged it to render according to the law or with a special rule if it has entailed on imprudence death of the patient (ch. 2 items 124 UK the Russian Federation) or notorious leaving without the aid of the person who are in dangerous to life or health a condition (item 125 UK the Russian Federation) are based on understanding of that these structures of crimes under the maintenance of elements do not reflect qualitative features of the objective and subjective parties evtanazii: on character of actions (inactivity); on presence or absence of qualifying signs and circumstances; under the form of fault and the fulfilment purpose. Thus in these structures there is no express intent on death causing.

12. The conclusions formulated by us and arguments have allowed to define the special legal nature evtanazii as difficult social phenomenon, to state a corresponding criminally-legal estimation taking into account degree of its social danger, to prove allocation of the independent exclusive corpus delicti as murder versions on motive of compassion, to delimit from the core and qualifying structures of murders, and also from other adjacent structures of crimes at which the death is caused to the person.

It is necessary to establish, that the purposes and research problems are reached. At the same time, evtanazija at the present stage there are to one of the most actual, disputable and not enough problems of a society investigated by a science and the right.

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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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