LEGAL REGULATION OF EVANSASIA: INTERNATIONAL EXPERIENCE

Abstract

The article is devoted to the study of international experience of legal regulation of euthanasia. Euthanasia is a phenomenon of modern society, thereof, recent research and publications on its practical implementation are only beginning to accumulate in scientific literature. The research problem is of interest not only to lawyers, but also to sociologists, philosophers, and medical workers, since it is a phenomenon of medical practice. The need to study the legal problems of euthanasia in terms of medical law is justified by the complex nature of euthanasia itself, where the issues of medicine and law are closely intertwined. In the article the content of the notion of “euthanasia” is investigated, its components are distinguished: actions (active actions, passive inactivity), intention (termination of life), subject (medical worker), consequence (death of the patient). The classification of euthanasia is carried out according to the following criteria: by type of service provision (active, passive); by way of implementation (positive, negative); by expressing the will of the subject (voluntary, compulsory); by the subject of receiving services (for adults and minors); by type of illness (for seriously ill, being in the thermal stage, mentally ill persons).An analysis of the legal regulation of euthanasia in foreign countries made it possible to establish that in most countries euthanasia is either not foreseen by law or prohibited by it. However, there are countries that at the legislative level recognized the human right to death and don't consider euthanasia as а criminal offenses (Albania, Belgium, Holland, Luxembourg, the Netherlands, Switzerland (Zurich only), Sweden, Germany and some US states), and also to conclude that the final position regarding the legalization of euthanasia isn't formed. In the context of the above, we consider it appropriate to systematize the position of the opponents of the legalization of euthanasia procedure. The article also contains systematized the positions of opponents and supporters of the legalization of euthanasia. Based on the analysis and systematization of the arguments of opponents and supporters of the legalization of euthanasia, it is proved that it doesn't have sufficient legal grounds for its legitimization. This is due to the inability to properly determine the legitimacy of euthanasia and the probability of abuse by medical staff. Its proved that deprivation of life (murder, suicide) is a criminal offense and any discourse on the legalization of euthanasia is deprived of legal grounds. The expediency of the development of palliative care as an alternative to euthanasia is substantiated. Palliative care with its “right-human” ideology, which aims to achieve the best quality of life for patients and their family members. Therefore, it is necessary to develop, approve and finance the State Programs for the Development of palliative and hospice care, to establish the National Coordination Council on palliative and hospice assistance, to form a legal framework for the legal regulation of the provision of palliative care, to form a system of state control over the quality of provision of palliative care and observance of rights of patients in the process of providing palliative care through accreditation and licensing of institutions providing palliative care.