Criminal liability for violation of the abortion procedure: comparative legal aspect

Abstract

The research paper is devoted to the coverage of some pressing issues of the criminal law response to illegal abortion from the standpoint of applying the comparative research method. In particular, it has been shown that at the current stage of the development of Ukrainian law, the comparative legal method acquires a special meaning and practical significance, especially in the context of the analysis of issues of the Special Part of the Criminal Law.
 Positions of domestic and foreign authors who defend the position that comparative jurisprudence, in addition to the performance of purely scientific tasks, is aimed at achieving specific practical results, in particular: 1) unification of legislation, i.e. promotion of unification of legislation of different countries in priority areas - where there is a need for a consolidated approach, particularly in the field of criminal law; 2) improvement of national legal systems - this is about developing proposals for improving national legal systems based on a critical and comprehensive study of the positive legal experience of other countries.
 According to the results of the author's study of the relevant provisions of foreign legislation, there is a lack of a clearly defined and unified approach to the legal regulation of artificial termination of pregnancy. It was established that in some countries abortions may be allowed, in others they are allowed only under certain circumstances, while in others they are prohibited altogether. The thesis is expressed that the difference in approaches to the legal regulation of artificial termination of pregnancy is also reflected in different approaches to the criminal-legal protection of the rights of a pregnant woman, in particular the right to life, health, freedom and other aspects related to the performance of abortions.
 Based on the research results, the author's conclusion was formulated that in order to improve the mechanism of criminal law regulation of a woman's right to abortion in Ukraine, it is scientifically and practically required to take into account the relevant experience of the countries of the European Union, primarily the Republic of Poland and the Federal Republic of Germany - this will contribute to adequate transformation and improvement of domestic legislation in the context of active European integration.