English (United Kingdom)

https://curated-unify.zendy.io/wp-json/zendy-region/v1/featured_content/oa?rat=en

https://curated-unify.zendy.io/wp-json/zendy-region/v1/highlighted_journal/

Global: Zendy Plus annual

Presents the access of premium content as premium feature

Premium Content

Presents the keyphrase highlighting as premium feature

Keyphrase Highlighting

Presents the summarisation as premium feature

Summarisation

Insights

Presents the pdf analysis as premium feature

PDF Analysis

Presents the zaia usage as premium feature

ZAIA

Global: Zendy Tools annual

Global: Zendy Free Plan

Global: Zendy Tools monthly

Global: Zendy Plus monthly

Building a rule-of-law state requires establishing rational priorities for legal protection. Human life and health should undoubtedly hold a center place in the criminal law policy as objects of protection against criminal infringements. Murder is one of such harmful infringements. At the same time, there is sometimes a considerable difference in the degree of public danger of its different varieties. Russian criminal law policy is aimed at a further humanization and harmonization of criminal law, which makes it necessary to examine the regulation of mercy killings. A killing committed out of mercy, at the victim’s request, to relief pain and unbearable suffering caused by a severe incurable illness is not regulated by Russian legislation. This type of killings is currently qualified by Russian law enforcers under Clause «в», Part 2, Art. 105 of the Criminal Code of the Russian Federation. Thus, Russian legislation views this type of killing as a qualified crime which, according to the author, is not quite correct. The article cites international practice that categorizes mercy killing as a privileged type of crime. Besides, some theoretical considerations in the article are illustrated by examples from Russian court practice on this type of killing. The article is based on both Russian and foreign works in the sphere of criminal law. It discusses some disputed aspects of delineating a mercy killing and offences with similar corpus delicti. The author concludes that there is an objective necessity to legally fix the specific offence of mercy killing, and to amend the Criminal Code of the Russian Federation to include this offence. A draft article of the CC of the RF regulating mercy killing is presented. The suggested and substantiated directions of amending Russian criminal legislation could be used in the lawmaking process for the future improvement of criminal legislation of the Russian Federation, and in teaching criminal law disciplines.

Mercy Killing and the Specific Features of Its Subjective Side