Eutanasia: legal regulation in european countries and prospects for legalization in Ukraine

The article is devoted to a comparative legal study of the legalization of euthanasia in European countries and Ukraine. The authors have investigated the changes in the ECHR positions in the consideration of cases of euthanasia and assisted suicide. We concluded that the decisions of the European Court of Human Rights include an attempt to guarantee a balance in the right to choose the moment of death and the rights that are protected by 2 and 8 of the Convention on Human Rights and Fundamental Freedoms. The ECHR practice has been found to also influence the legalization of euthanasia in European states. Analysis of the laws of several European states in the context of legalizing the institution of euthanasia allowed us to group them as follows: European states that have legalized euthanasia (Netherlands, Belgium, Luxembourg, Switzerland, and Spain); European states that have legalized only passive euthanasia (Great Britain, Ireland, Latvia, Norway, Slovak Republic, Finland, Sweden, and Hungary); and European states that prohibit any kind of euthanasia (France, Poland, Romania, etc.).

EUTHANASIA: AIMING TO KILL WITH A COUNTER FULL OF OPTIONS?

Euthanasia or assisted suicide has been a matter of contention for many years with various types of euthanasia including voluntary, non-voluntary, involuntary, active and passive euthanasia being argued for around the world. This article highlights the types of euthanasia while analyzing the ethical, legal, economical and spiritual dilemmas surrounding them. It also compares euthanasia laws of countries around the world with the Indian stand taken by the Supreme Court in legalizing passive euthanasia. There exists a ne line between life and death. It is the duty of a medical practitioner to assess these situations critically while preserving a patient's autonomy. To deny a person the right to end their life with dignity is equivalent to depriving them of a meaningful existence.

EUTANAZIJA KAO KRAJNJI IZRAZ LIČNOG PRAVA ČOVEKA NA SAMOODREĐENjE

The author discusses different segments of the institute of euthanasia ("murder out of mercy"), especially the question of the justification of its legalization. The subject of the analysis are the solutions of certain European regulations that have completely or partially decriminalized euthanasia, and then the domestic one, in which there is a collision of the norms of criminal and medical law. According to the positive serbian criminal law, euthanasia is a criminal offense and a privileged form of murder, while the Law on Patients' Rights indirectly allows the so-called passive euthanasia, which is not the optimal solution, which introduces legal uncertainty. Тhe Preliminary Draft of the Civil Code of Serbia, which embodies the proposal for the future civil law of Serbia, proposes the decriminalization of euthanasia, which is a solution that needs to be commented on. The aim of the paper is a comparative analysis of domestic and foreign solutions of this controversial institute - through its concept, types (active and passive euthanasia) and critical analysis of the reasons for and against its introduction into the domestic law. The author evaluates the proposal of the Preliminary Draft as progress, with the idea that euthanasia, despite all the controversies that accompany it, represents the ultimate expression of a personal right to self-determination (subjective civil right sui generis), in both modalities, without distinction.

Euthanasia Formulation Policy in Indonesia's Criminal Legislation and Implications for Patient Life

No religion is recognized in Indonesia that allows euthanasia to be carried out. Because indeed an action in English called mercy killing or murder based on mercy can also be said to be contradictory to its name, where in carrying out the manifestation of mercy it is precisely what is done is to take the life of man, the gift of the Almighty and should be respected and guarded. Formulation of Article 344 of the Criminal Code concerning euthanasia has a weakness, among others: The existence of elements: at the request of the person himself expressed with sincerity, which makes it difficult to prove and prosecute. Article 344 of the Criminal Code is about active euthanasia, whereas the law of passive euthanasia is not regulated. Delict euthanasia is an ordinary offense, and is not an offense, so it is demanded the tenacity and sharpness of the investigating apparatus and investigators to reveal whether an act of euthanasia has been committed.

LIFE AND DEATH. EUTANASIA

Euthanasia is a good death in Greek. According to Wikipedia, «euthanasia» is the termination of a person's life in a quick, painless way. Euthanasia is used in people who have incurable diseases and no longer want to suffer from pain, their condition. The term «euthanasia» was first used by F. Bacon to denote easy death in the 17th century. Since 2020, certain types of euthanasia are legally allowed in Belgium, Luxembourg, the Netherlands, Portugal, Switzerland, Germany, Canada, parts of Australia, and in some of the sUS states. Palliative and hospice care is sometimes seen as a relative alternative to euthanasia. There are two types of euthanasia – active, which involves the administration of a dying person, drugs that cause rapid death, and passive – intentional cessation of maintenance therapy to the patient. Active euthanasia is often considered suicide with medical help, if the doctor gives the patient a drugs that will shorten his life at the request of the patient.. In Ukraine, the actions of a doctor for euthanasia are considered premeditated murder. The coronavirus pandemic has shown that many countries of the world are ready to introduce passive euthanasia, that is, in the event of mass morbidity, not only ideas are spread, but also projects about the inaccessibility of medical care for the elderly in order to save young people, about limiting the hospitalizations of elderly people with a serious illness, which requires mechanical ventilation with a shortage of ventilators and hospitals that can provide oxygenation. The debate over euthanasia revolves around the following issues: people have the right to self-determination and independent choice of destiny; helping the sick people to die may be a better choice than suffering; the difference between active and passive euthanasia is insignificant; permission for euthanasia does not necessarily lead to adverse consequences. Disputes often take place at the ethical or religious level. Opponents of euthanasia defend the right for life under any circumstances, and the adoption of the law expands the cohort of patients with euthanasia and hope for life. Keywords: euthanasia, death, life, consciousness, stroke.

'EUTHANASIA': AN ACT OF PERFORMANCE UNDER THE PURVIEW OF ETHICAL AND CONSTITUTIONAL ASPECTS

'Euthanasia' is the most debatable issue and has been a burning topic all over the world. The word 'Euthanasia' has been derived from Greek word 'Eu' means 'goodly' or 'well' and 'Thanatos' means 'death'. The lexicographical meaning of the word 'Euthanasia' is 'mercy killing' in which the intentional termination of the life of a terminally ill person is carried out by the assistance of another person. It is a process of carrying out a gentle and easy death of a terminally ill person when his death is desired to free him from his terribly painful life. 'Euthanasia' generally can happen in two ways – i. Passive Euthanasia and ii. Active Euthanasia. In Passive Euthanasia, the treating doctors withdraw life-support machines or withhold any further treatment to shorten the life of a dying person. In Active Euthanasia, the treating doctors apply overdose of painkillers or some other medications to quicken the death of a dying person. Some countries have legalized passive and some have legalized active euthanasia under certain legal guidelines. In this article, the subject of euthanasia has primarily been discussed from the perspective of its righteousness under the constitutional laws and its enshrinement. I also intended for a debate on the preference of active euthanasia over the passive euthanasia for quickening the death of a terminally ill person.

National and international legal issues of the euthanasia

Introduction: The value of human life as a personal intangible good is growing, which has led to international and national legal consolidation of norms providing comprehensive protection of life, while the life of the individual depreciates day by day. All this explains the extraordinary interest in euthanasia, which can be called one of the most controversial and unresolved issues of our time. Aim: The aim of the article is to study the phenomenon of euthanasia, elaborate the decisions of the European Court of Human Rights on euthanasia and related rights, develop recommendations on the possibility of legalizing euthanasia in Ukraine. Material and methods: The leading method of research of this issue is comparative and law, which allows to comprehensively consider the right to euthanasia, its positive and negative components and helps to establish trends in the implementation of the outlined phenomenon. Results and discussion: It is concluded that the right to assisted suicide and the right to passive euthanasia can be recognized only as an element of the right to respect for private life in the context of Article 8 of the Convention. Regarding the legalization of euthanasia in Ukraine, this should be preceded by a serious public dispute on this issue with the widest possible involvement of lawyers, representatives of medicine, bioethics, philosophy, sociology and other sciences. Conclusions: The materials of the article have practical value for all those interested in euthanasia and the realization of the right to die, as well as for practicing lawyers and judicial authorities.

Ethics and legal aspects of the right to die with dignity

Euthanasia is in liaison with ethics and law. This paper, which aims to contribute to the expert public debate on the introduction of euthanasia into Serbian legislation, the term terminology - euthanasia (as the Right to Die with Dignity) is the first to have been terminologically clarified. Furthermore, the text considers the obligations of other persons, arising out of this right and under what conditions the obligations of other persons arising from the said right constitute a restriction of their personality rights. By citing examples in the field of ethics and law, the text notes that the distinction between active and passive euthanasia is in fact a product of inadequate thinking in the implementation of this distinction. Based on the ethical argumentation of the double effect, also the text points to the inadequacy of the ethical approach in the function of legal regulation of the problem of euthanasia. Using abundant literature, which, from the legal and ethical point of view, problematizes euthanasia, the author has come to conclusion that the right to dignity is a social value that needs to be lawfully formulated, so that possible abuses can be prevented - and at the same time avoiding burdening the burden of responsibility to other persons (whether or not these are subjects of the judiciary or medicine), who should implement the patient's desire to die with dignity. Also, the author sought to base this article on the belief that Serbian legislation should legally shape the conditions for active direct euthanasia.