Abstract
The article presents a comprehensive criminal law analysis of the illegal artificial termination of pregnancy on the basis of current Russian legislation, including criminal law. Currently, the legislation of the Russian Federation recognizes the right of a woman to an artificial termination of pregnancy within statutory period and manner prescribed by law. Termination of pregnancy should be carried out only by qualified specialists. Illegal conduct of this procedure entails criminal liability (Article 123 of the Criminal Code of the Russian Federation). In the theory of criminal law, there has long been an opinion about the imperfection of the norms of this article, which complicates its enforcement, as well as the validity and fairness of penalties. It is noted that the criminal legislation of the Russian Federation regulating the illegal procedure of artificial termination of pregnancy is one of the most liberal in the world and does not take into account the provisions of regulatory acts of a medical nature that determine the procedure for artificial termination of pregnancy. The article analyzes scientists' opinions on problematic issues of the application of art. 123 of the Criminal Code of the Russian Federation, official statistics on the number of abortions in Russia by year and age categories are given. The author conducts a comparative legal study of Russian and foreign legislation and, based on the analysis carried out, makes suggestions for its improvement by integrating certain provisions of the legislative experience of foreign countries into national legislation. Finally, the author makes the conclusion that it is necessary to amend the definition of the subject and crime objective elements provided for by art. 123 of the Criminal Code of the Russian Federation, since they are formulated narrowly, without taking into account the requirements of regulatory acts of a medical nature in order to ensure adequate protection of reproductive rights and interests.
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