EUTHANASIA: BETWEEN THE RIGHT AND THE OFFENSE

Abstract

The problem of legalization or continuation of the ban on euthanasia at the national level continues to cause wide public resonance. This problem is complex in nature, because it concerns not only medical issues, but also legal and bioethical issues. Euthanasia significantly increases the risks of abuse of this right for patients who wish to implement an appropriate dignified and meaningful end-of-life procedure to end suffering. The purpose of the article is to reveal the dualistic essence of euthanasia – as a person’s right to a dignified death, and as a criminal offense. The article focuses on modern scientific views on euthanasia, covering three aspects: 1) negative – support for the current ban on euthanasia; 2) positive – the need to create legal instruments to implement the right to voluntarily end one’s life; 3) alternative – supporters of which consider the possibility of replacing euthanasia with other procedures that are more humane from the point of view of bioethics (palliative care, voluntary refusal of treatment, etc.). Attention was drawn to the fact that the right to freely dispose of one’s own life is enshrined in national legislation. Yes, the patient’s refusal of medical intervention or treatment may result in the approaching moment of death. The spread of the international practice of further liberalization and expansion of the circle of states that support euthanasia procedures are emphasized. Attention is focused on the fact that the variety of procedures and forms of euthanasia does not allow to clearly determine which of them is the most acceptable from a legal point of view. At the same time, all such procedures and forms provide for one thing – the right of a terminally ill or chronically ill person to independently determine how and when to die. It was concluded that euthanasia is a person’s own choice and this is the most important thing in his awareness as a component of the right to life. The position regarding the possibility of its legalization in Ukraine in the future is supported.