Open AccessQUALIFICATION OF CRIMES AGAINST LIFE: COMPARATIVE LEGAL ANALYSIS
Author(s) -
Olha Peresada
Publication year - 2021
Publication title -
ukraïnsʹka polìceïstika: teorìâ, zakonodavstvo, praktika/ukraì̈nsʹka polìceì̈stika: teorìâ, zakonodavstvo, praktika
Language(s) - English
Resource type - Journals
eISSN - 2709-927X
pISSN - 2709-9261
DOI - 10.32366/2709-9261-2021-1-1-61-67
Subject(s) - criminal code , criminal law , ukrainian , law , object (grammar) , section (typography) , political science , human rights , criminal procedure , sociology , criminology , business , computer science , philosophy , linguistics , artificial intelligence , advertising
The article considers topical issues of definition and qualification of crimes against human life in Ukraine and abroad. It is proved that the problematic issue of criminal law protection of human life is a significant differentiation of approaches to determining the moment of its onset, which reflects the medical and social criteria for the formation of an individual who has the right to life. It is shown that Ukrainian criminal law gives a person the right to life from birth, while the correct approach is to recognize the beginning of human life and appropriate criminal protection from the moment of onset 10 days after conception, which is consistent with European experience (in particular, France) and sufficiently reflects the medical features of the period of formation of a full-fledged embryo. The article also addresses the issue of the fact that Section II of the Special Part of the Criminal Code of Ukraine combines encroachment on two different generic objects - public relations for the protection of life and public relations for the protection of personal health. This provision of the criminal law of Ukraine does not correspond to the international practice on this issue. In addition, it is reasonable to believe that the two relevant categories of the object of criminal encroachment cannot be considered similar, as such an approach in certain cases can significantly complicate the classification of a criminal offense. It is emphasized that, given the exceptional importance of criminal law protection of human life, it is necessary to formulate a separate section of the Special Part of the Criminal Code of Ukraine, which covers only crimes against life as the main object of criminal encroachment.