Special Legal Regime Research Articles

Identification of Legal Psychology as an Independent Branch of Law

The science article conducts a theoretical and legal analysis of a new field of scientific knowledge – legal psychology from the standpoint of its perception as an independent branch of law. In the context of the above, the problematic aspects of legal psychology as a scientific, educational and applied branch of legal knowledge are studied on the basis of previously developed by legal psychologists levels of interaction and integration of law and psychology. The formation of legal psychology as a science and vectors of application of its achievements in judicial practice is analyzed. The author's approach in the formation of a new independent branch of law – legal psychology and determining its place in the classification of branches of law is proposed. The author emphasizes the need and urgent demand for the separation of legal psychology as a separate special branch of law that can regulate specific legal relations inherent in the fundamental (profiling) branches of law. The relevance of the article is due to the fact that in domestic legal science the division of the legal system in the field is assessed not in terms of its practical value, but rather in terms of confirming and defending certain scientific and theoretical ideas and concepts, contrary to the expediency of combining certain legal relations in the branch of law to achieve the desired social result through comprehensive study and regulation of specific relations. This, in turn, slows down the formation of new branches of law demanded by legal practice, among which legal psychology is singled out. It is emphasized that the question of the branch affiliation of legal psychology has not only theoretical but also practical significance, uniting individual legal relations in the field of law in order to achieve the desired social result through comprehensive study and regulation of these relations. Attention is drawn to the special classification of legal psychology as a special branch of law, as the latter combines the rules of law governing public relations and related to primary social relations aimed at concretization, strengthening certain rules of basic branches of law, while providing special legal regime for a particular type of social relations. By subordination in legal regulation, legal psychology belongs to the procedural types of branches of law, as it combines the rules of law that determine the procedure, the order for implementing substantive law (criminal procedure, civil procedure, commercial procedure, administrative procedure law). It is proposed to include legal psychology in an independent branch of law, given the presence of features that are inherent in the branches of law; the specificity of the regime of legal regulation; its direct connection with the needs of practice; recognition of its achievements in judicial practice; unification of certain legal relations in the subject of law; conditionality of functional purpose and the place of this industry in the legal system (its type in the classification of industries).

Extraordinary parliamentary elections in Ukraine during martial law

The article is devoted to the little-studied issue in Ukraine of the legislative ban on extraordinary, or early, parliamentary elections during the period of the special legal regime of martial law. The subject of the study is such a type of early parliamentary elections as interim elections of people’s deputies. The relevance of the researched issue is determined by the ongoing martial law regime in Ukraine and the legislative ban on holding any elections, the necessity of which arises during this martial law. It is noted that the difference between ordinary and extraordinary parliamentary elections in the conditions of this martial law is that the ban on holding ordinary parliamentary elections leaves the country with a valid parliament, and the ban on holding extraordinary parliamentary elections deprives the country of a valid parliament. In order to investigate the legality of the application of this ban to the interim elections of people’s deputies, the following was analyzed: first, the legislative justification of the state election management body in Ukraine regarding the non-appointment and non-holding of these interim parliamentary elections during this martial law, using the example of the latest case from December 13, 2023; and secondly, the publications of Ukrainian scientists regarding these interim parliamentary elections in the conditions of this martial law. It was found out, firstly, that this ban is not a norm of the Constitution of Ukraine neither for scientists nor for the state election management body, and secondly, that this ban does not have an indisputable link of consistency with the Constitution of Ukraine: some legal researchers claim , that this ban corresponds to Article 64 of the Constitution of Ukraine, but other researchers of this Article 64 come to conclusions that exclude the possibility of consistency of this ban with this article of the Constitution of Ukraine. It is substantiated that the content of Article 64 of the Constitution of Ukraine has three meanings regarding the interim elections of people’s deputies during this martial law: 1) they can be held, 2) they can not be held, 3) they can be held with a limited number of voters. It is proposed to consider as an alternative to this prohibition of by-elections of people’s deputies during this state of war martial law electoral qualification - a special and temporary restriction of the circle of voters for holding these by-elections in the conditions of this war. A variant of this qualification is proposed - the qualification of a legal entity.

Conservation of degraded and technologically contaminated lands of Ukraine damaged as a result of military aggression of the Russia: problems of legal regulation

The article is devoted to the study of the problems of legal regulation of conservation of degraded and technogenically polluted lands of Ukraine, which were damaged as a result of Russian hostilities. The article states that the military aggression of the Russian Federation has transformed the territory of Ukraine since 2014 into a military-technologically tense region of Europe. These events caused catastrophic consequences for the state of land resources and soils of the state. It was found that the constant use of military means of destruction is a powerful polluter of the soil cover and poses a direct threat to the population. It has been proven that one of the important factors that will contribute to the restoration of the condition of lands and soils in Ukraine after the end of hostilities is the use of land conservation, which is a powerful measure of land and soil protection, will contribute to the restoration of soil fertility and their further use. It is noted that to date there are certain deficiencies in the legislation of Ukraine in the field of conservation of technogenically polluted and degraded lands that have been violated as a result of the military aggression of the Russian Federation. The article establishes the expediency of supplementing the provisions of the Land Code of Ukraine and the Law of Ukraine “On Land Protection” with the concept of technogenically polluted and degraded lands damaged as a result of military operations. It is noted that it seems appropriate to introduce a special legal regime for man-made and degraded lands subject to conservation as a result of hostilities and emergency situations. Conclusions were made about the necessity of conservation of technologically polluted and degraded lands that were damaged as a result of hostilities. The expediency of adding provisions to the land legislation of Ukraine regarding the protection and rational use of this type of land has been proven.

К вопросу об отнесении линейных объектов к объектам капитального строительства, недвижимого имущества, категории единого недвижимого комплекса

This article examines the classification of linear objects within the context of capital construction, real estate, and single real estate complexes. The study reviews relevant provisions of the Urban Planning Code of the Russian Federation, the Land Code of the Russian Federation, the Civil Code of the Russian Federation, as well as other federal laws and subordinate regulations. The explanations of authorized authorities, acts of judi-cial authorities, opinions of researchers of civil law science on the concept of linear objects and their inherent characteristics, belonging of linear objects to capital construction objects, real estate, the ratio of these con-cepts, belonging of linear objects to the category of a single immovable complex, things of auxiliary purpose, the specifics of linear objects in comparison are analyzed with other objects of civil rights in terms of restrictions on the interests of land rights holders, necessary for the placement, maintenance and repair of linear objects, the extension of the protected zone of linear objects with a special legal regime to a certain part of the land plots. Conflicts of law, controversial issues of judicial practice are revealed, the author’s definition of linear ob-jects is formulated, including their inherent features. The directions of the development of regulatory regulation, including in terms of the unification of terminology and proposals to consolidate the types of linear objects re-lated to real estate by the norms of special legislation, are determined.

Employment, labor and social protection in a hybrid enforcement regime

The features of the hybrid law enforcement regime in the field of employment, labor and social protection are considered. Russia and the whole world have entered an era of turbulence, when customary and even emergency legal regimes that have been developed over decades do not allow us to respond effectively to challenges, regulate public relations and protect the rights and freedoms of legal entities in response to changes in the current situation. The traditional systematic approach to legal regulation using blocks of legislation formed in advance as a reaction to the situation changing in one direction or another often does not justify itself and each time requires a creative and individual, rather than template, approach from the law enforcement officer to the selection of used tools and norms of different legal regimes , which requires active rule-making to fill emerging gaps. Avoiding complex legal regulation adds originality to rulemaking and law enforcement in the early 2020s, the general direction of which is to accelerate the creation of rules of conduct in the field of labor, employment and social protection by increasing the role of the Government, speeding up the lawmaking process, expanding regional rulemaking, and giving greater legitimacy to the instructions of officials in comparison with documented acts. The legislator has consistently optimized the legal technique of preparing and adopting laws that meet the needs of operational support of a special military operation with labor legal means. The growth of regional rule-making in the field of social protection requires the elimination of shortcomings and unification at the federal level. A noticeable phenomenon was in a number of cases the replacement of written administrative acts with instructions from a senior official. The legal regimes formed in this way - aimed at countering the spread of the coronavirus COVID-19, accompanying the conduct of a special military operation, etc., can be called hybrid or constructed – assembled from various legal elements and do not form systems sufficient to achieve an integration-entropy balance. Moreover, for this design, elements of normatively established special legal regimes are used, which, however, have undergone significant transformation - a self-isolation regime instead of mandatory quarantine measures, special measures in the economic sphere instead of special economic measures established by presidential decree; mobilization – but partial. All this points to the 2020s as a period of hybrid law enforcement, when elements of other emergency regimes are used to construct the current law enforcement regime, but not in combination, while avoiding measures that entail a radical and total violation of civil rights and freedoms. At the same time, accelerated law-making clearly indicates that the array of norms that have been created over decades is insufficient to regulate the current agenda.

Legal responsibility for violation of the legal regime of sanitary protection zones in Ukraine

This article examines the specifics of legal liability for violations of the legal regime of sanitary protection zones in Ukraine, as well as the main directions for improving the relevant legal regulation. Sanitary protective zones perform an important security function in separating potentially harmful objects from places of residence and stay of people. In this regard, a special legal regime is established on their territories, which provides for significant restrictions on their economic use. Non-compliance with the established requirements regarding the legal regime of sanitary protection zones is the basis for bringing guilty persons to legal responsibility. Currently, there are no special provisions in the current legislation of Ukraine regarding liability for violations of the legal regime of sanitary protection zones. In this regard, legal responsibility for illegal actions in this area is covered by sanctions for committing violations in the field of environmental protection of a “general nature” (violation of sanitary standards; arbitrary occupation of a plot of land; violation of environmental safety rules; design or operation of structures without protection systems environment; violation of land use rules, etc.). Therefore, there is a need to formalize the composition of offenses that are already provided for in the normative legal acts on the regulation of the legal regime of lands of sanitary protection zones, the codification of legislation on administrative responsibility for violations in the field of environmental protection, the introduction of special sanctions for violations of the legal regime of sanitary protection zones zones, as well as the unification of relevant provisions of Ukrainian legislation with the law of the countries of the European Union.

Administrative and legal regime of martial law

Currently, Ukraine is under martial law. Historically, it is known that military conflicts of various nature and scale have become an integral feature of the evolution of mankind since ancient times. And therefore, in ancient times, war was a normal, natural state of nations, while peace was an accidental state. Humanity has become more aware of the value of life. However, in the 21st century, Ukraine faced events that, in our time, seemed to be unacceptable, and many citizens have the question of what the martial law regime is, what are its main aspects, taking into account their significant consequences for the normal life of the population. Martial law is a special legal regime introduced on the territory of Ukraine or in some of its localities, which gives the military command, state authorities, military administrations and local self-government bodies certain powers necessary to avert a potential threat, repel armed aggression and ensure national security within countries. The introduction of martial law is associated with the implementation of certain legal procedures provided for by national legislation. The introduction of martial law is carried out by the highest authorities of the state. Law of Ukraine No. 389-VIII «On the Legal Regime of Martial Law» establishes the procedure for introducing martial law in Ukraine. The National Security and Defense Council of Ukraine submits proposals for the introduction of martial law in Ukraine or in some of its localities for consideration by the President of Ukraine. In connection with the introduction of martial law in Ukraine, the constitutional rights and freedoms of a person and a citizen, provided for in Articles 30-34, 38, 39, 41-44, 53 of the Constitution of Ukraine, may be temporarily limited for the period of the legal regime of martial law, as well as to introduce temporary restrictions on the rights and legal interests of legal entities within the limits and to the extent necessary to ensure the possibility of introducing and carrying out measures of the legal regime of martial law, which are provided for by the first part of Article 8 of the Law of Ukraine «On the Legal Regime of Martial Law». Thus, in the event of the introduction of a legal regime of martial law, significant restrictions on the rights of both individuals and legal entities may be applied. However, such restrictions may occur except within the limits of temporary restrictions on the constitutional rights and freedoms of a person and a citizen, as well as the rights and legal interests of legal entities, provided for by the decree of the President of Ukraine on the introduction of martial law. Therefore, in the case of the initiation of the procedure for the introduction of the legal regime of martial law, as it happened in Ukraine, information on the features and main aspects of this regime is relevant and important.

Энергетика, экономика и право в Арктической зоне России

The article examines the correlation of interconnected areas: energy, economics and law. It was emphasized that energy resources for solving the strategic tasks of the state are effective areas for the development of economic activity in the Arctic zone of Russia. It is emphasized in the Arctic that the profit mechanism is associated with the production of hydrocarbons on the Arctic shelf. Important problems of the structure of the infrastructure complex and environmental protection during the extraction of minerals on the shelf by methods of new technologies are touched upon. It is justified that strategic directions as an economy and law should be combined to adopt a special legal regime for all subjects of the Arctic zone of Russia. An array of regulatory legal acts on economic activity in the Arctic has been investigated. It is proposed to adopt a comprehensive federal law for the development of the country’s economy in relation to raw materials energy.

Civil Regulation of Genomic Data Sharing

The legal regulation of relations concerning genomic information has undergone several transformations over recent years in the Russian Federation. Not only is a universal approach towards the regulation of such relations in civil law, including regarding the possibility of sharing such information, currently lacking, the concept of genomic information remains poorly defined as an object of civil rights. A special legal regime for big genomic data capable of processing with the help of artificial intelligence technologies is also lacking in the current legislation of the Russian Federation. Considering the great potential value of genomic data for all of humanity, and the need for the sharing of such data, a proposed balanced approach will ensure the sharing of genomic data with proper protection of personal non-propertyand other rights. Thus, the present work sets out to identify the specific features of genomic data sharing. When determining the civil legal regime for genomic information and genomic data, a balance between public and private interests can be ensured by maintaining personal non-property rights, ensuring the confidentiality of personal data, and obtaining consent for the dissemination of information in accordance with the law. However, in order to do this, it is necessary to distinguish conceptually between genomic information about a particular person and the genomic data on the basis of which such genomic information is obtained. The civil legal status of human biological material should be determined along with regulations for its processing to obtain genomic information at the same time as defining the legal regime for regulating biobanks in which such human biological material can be stored.

Legal regime of a share in the charter capital of a limited liability company

Based on the analysis of Ukrainian legislation and legal doctrine, the article examines the legal regime of a share in the authorised capital of a limited liability company. The necessity of considering a share in the authorized capital in two senses is substantiated: economic and legal. According to the first meaning, such a share expresses a part of the value of the company’s property and gives a person the opportunity to dispose of the company's capital (assets). However, from a legal point of view, there is an insurmountable obstacle to this understanding – the status of a limited liability company as an independent participant in civil relations, which owns such property, and property separation is one of the features that characterises it. The opinion that a share in the authorised capital of a limited liability company does not coincide with the concepts of “corporate rights” or “property rights” is supported, it is an independent tradable object, but with a specific legal regime, in particular, it cannot be the object of other limited property rights, but it is such a share (and not corporate rights) that can be the object of property rights. It has been proved that: 1) the legal nature of a share should be characterised through the legal nature of the powers of a limited liability company participant; 2) such powers constitute a single and indivisible set of corporate rights which are recognised as a separate category of rights, along with obligatory and property rights; 3) the legal nature of corporate rights is of a comprehensive nature, which primarily consists of a combination of the principles of absoluteness and relativity; 4) the definition of a share only through the shareholder's rights is not justified, since the shareholder's rights are inextricably linked to his/her obligations; 5) a share as an object of civil rights is “other property”, not “property rights”.

RETROSPECTIVE ASSESSMENT OF THE PRACTICE OF IMPLEMENTING THE STATE OF EMERGENCY IN RUSSIA WITH PROPOSALS FOR IMPROVING ITS LEGAL RATIONALITY

The article considers the problem of improving the special legal regime of the state of emergency. As a solution to this problem it is proposed to change a number of articles of the Federal Constitutional Law of the Russian Federation No. 3 of May 31, 2021.

Понятие территории с особым статусом для целей налогово-правового регулирования

The article aims to explore the concept of territories with special status for tax and legal regulation purposes, focusing on their definition, types, and common features. It examines the methodologies used to identify and classify these territories and provides insights into their role in achieving strategic state objectives. Currently, there is no legislatively fixed general concept for these territories, nor are there theoretical developments elucidating this topic through various types of territories with special status, including their taxation aspects, which would allow for a universal approach to legal regulation in this sphere. The aim of this article is to define the content and types of territories with special status applicable for tax and legal regulation purposes. The research methodology includes deductive, inductive, comparative, and formal-legal methods. The author formulates the definition of territories with special status by identifying the characteristics of territories possessing a special legal regime of operation most commonly associated with the examined concept by scientists. Additionally, various types of other territories fitting this definition are determined. The author comes to the conclusion that territories with special status are diverse, created for different directions of state policy. However, they also share many common features, allowing for the formulation of a universal definition of territories with special status, including for tax and legal regulation purposes, and subsequently identifying types of territories falling under this definition.

Regarding the relevance of banning regular parliamentary elections in Ukraine during martial law

The article is devoted to the controversial issue in Ukraine of the legislative ban on regular parliamentary elections during the period of the special legal regime of martial law. The content of this discussion is disclosed. In order to confirm or refute the hypothesis about the fallacy of the legislative ban on holding regular parliamentary elections in Ukraine under martial law, the international experience of the COVID-19 pandemic was studied. This is a new international experience for this discussion. It was found out that in the conditions of an emergency situation of threats to the lives of citizens during this global epidemic, the states did not prohibit the holding of elections, but on the contrary, held these elections or postponed the date of these elections, postponed the holding of these elections, etc. From which it was concluded that in international legal practice, the concept of banning elections and the concept of postponement of elections are not the same: a legislative ban on elections is a legislative ban on elections, and the postponement of the planned election date is not a legislative ban on elections. In view of this conclusion, clarification of the subject of this discussion is proposed. It is noted that this discussion is currently being conducted between whether or not the Constitution of Ukraine prohibits the holding of regular parliamentary elections under martial law. And from the point of view of the experience of the pandemic-2020, this discussion should be legally accurate between the banning of these elections and the postponement of these elections in the Constitution of Ukraine. The importance of this clarification for the resolution of this debate, as well as for the legislative provision of the future post-war parliamentary elections, is emphasized. A significant difference in the legislative support for these upcoming parliamentary elections was revealed, depending on whether the regular parliamentary elections were prohibited by the Constitution of Ukraine during martial law, or not prohibited, but postponed. Each of these options has been analyzed. It has been clarified that in the event of the postponement of the regular parliamentary elections during the period of martial law, the future first post-war parliamentary elections will be the same regular elections of the Verkhovna Rada of Ukraine of the tenth convocation, which should have been held on October 29, 2023. And in the case of a ban on holding these elections under during martial law, there is legal uncertainty regarding the type of these first parliamentary elections after martial law: they will be neither regular nor extraordinary, but they will be unknown. As a conclusion, the importance of continuing this debate around the newly refined dilemma between the banning of these elections and the postponement of these elections is stated. The importance of continuing to study relevant international experience is especially emphasized.

Assessing Drifting Fish Aggregating Device (dFAD) Abandonment under International Marine Pollution Law

AbstractThis article asks whether the abandonment of drifting fish aggregating devices (dFADs) is illegal under international marine pollution law. To answer this question, it provides a brief overview of the general international legal framework for the protection of the marine environment as well as specific legal regimes, namely the London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (LC), its 1996 Protocol (LP), and Annex V of the International Convention for the Prevention of Pollution from Ships (MARPOL). The article concludes that the abandonment of dFADs contravenes the LC/LP and/or, depending on the preferred interpretation, MARPOL Annex V. The decision as to which of the two regimes is applicable depends on whether dFAD abandonment can be classified as ‘incidental to, or derived from the normal operations of vessels … and their equipment’ or not. The negligent loss of dFADs always violates MARPOL Annex V. The article also shows that certain state practice and opinio juris suggests a parallel applicability of the two regimes with respect to deliberate dFAD abandonment. While such a development would ensure more comprehensive coverage of the relevant standards and prohibitions, a clear regulatory decision as to which of the two regimes is the correct one would be preferable from an implementation and enforcement perspective.

The problem of institutionalization of the circle of special legal regimes of banking activities

The paper examines the institutional mechanism of formation of the legal system of banking institutions in Ukraine. The relevance of studying this issue is determined by the fact that legal regulation of banking activity is one of the most important functions of the state. It has been proven that in the conditions of martial law it is especially important to reduce the risks and problems of the institutionalization process. The purpose of the paper is to study the ways of minimizing the risks of legal actions of banks of Ukraine in the conditions of martial law. The methodology includes the solution of the research problem, the historiographical approach and the theory of risks. Systemic institutional analysis was used to solve the research task. In the main results of the study, the essence of the concept of "banking activity", the definition of a special purpose and specific goals are defined. The paper examines the introduction of a new three-tier capital structure of banks aimed at bringing the banking regulation of the National Bank of Ukraine closer to European standards. Current problems of the Ukrainian banking system were identified, in particular, the need to systematize regulation under special legal regimes. It was revealed that in the conditions of a large-scale armed invasion and the introduction of martial law in Ukraine, ensuring the reliability and stability of the banking system of Ukraine is of primary importance. The National Bank of Ukraine adopted a number of legal acts designed to regulate banking activities in wartime and create conditions for ensuring the reliable and stable functioning of the country’s financial system. The analysis of the legislation showed the need to supplement the current legislation or create a new act that will regulate banking activities under special regimes. Further research involves the determination of strategies for improving the regulation of banking activity under martial law.

Property Separation. Responsibility of Heirs as a Case Study

The paper is devoted to the problem of legal separation of the testator’s property from the property of the heirs. The legal separation of property is understood as giving it a specific legal regime, including the division of property into different pools of assets owed to different creditors. In the comparative legal aspect, the author examines the practical advantages and disadvantages of various models of legal separation of inherited property or the absence of separation. The paper analyzes the problems of Russian regulation of the liability of heirs: the legislative certainty of the liability model; the perception of this model by judicial practice and doctrine; the fairness of the current distribution of risks of insolvency and destruction of inherited property between creditors of the heir and the testator; features of bankruptcy of the estate. Using the case of inherited property, general conclusions are formulated concerning the phenomenon of detached property as an independent phenomenon of civil law, different from the institution of limited liability and the phenomenon of a legal entity.

Совершенствование действующих на Дальнем Востоке специальных правовых режимов стимулирования хозяйственной деятельности: основные направления

The relevance of the topic is due to improve the special regimes of legal regulation of economic activity existing in the Far East – in order to create new drivers for the growth of the regional economy, especially in the context of external sanctions. The aim is to analyze the actions of the executive and legislative branches of government to improve the special legal regimes operating in the Far Eastern Federal District and to introduce new mechanisms. Materials for the study are official data, articles and scientific publications. Methods of comparative, system analysis were used. Results and conclusion: the main directions of systematic work to improve the existing special regimes of legal regulation (Advanced Special Economic Zones, the Free Port of Vladivostok, the Special Administrative Regime, the Kuril Islands of the Russian Federation) have been identified, hypotheses have been put forward about the main promising areas of this activity.

Urgensi Sui Generis Regime Permintaan Slot Geostationary Orbit melalui Perspektif Negara Khatulistiwa Khususnya Indonesia

Indonesia is one of the countries whose position is crossed by the equator, which is parallel to the Geostationary Orbit (GSO). The passing of Law No. 16 of 2002 marks Indonesia’s binding to the Outer Space Treaty, which encourages Indonesia to have regulations regarding the resolution of issues relating to the use of GSO slots in the national interest. Indonesia proposes a special legal regime that recognizes GSO as an independent territorywithout disturbing existing rules. This research emphasizes the urgency of creating a fair and equitable legal framework in utilizing GSO, especially for developing countries. This research aims to explore legal certainty in the context of space utilization and exploration, especially Geostationary Orbit (GSO). This research uses a normative juridical method with the main approaches, namely legislation and conceptual. The results show the needfor a special regime that regulates the utilization of GSO so that there is no gap between countries with the principles of maintaining peace, justice and mutual benefit, with the hope of providing clarity of rules and guidelines in exploring and utilizing space safely and fairly.

IT SECTOR TAXATION IN UKRAINE: FEATURES AND CURRENT TRENDS

IT SECTOR TAXATION IN UKRAINE: FEATURES AND CURRENT TRENDS

Pravno regulisanje prekida trudnoće u komparativnom pravu / Legal Regulation of the Termination of Pregnancy in Comparative Law

This paper explores the legal regulations on the termination of pregnancy in comparative law, a sensitive topic that, although it does represent the exclusive domain of state regulation, encroaches into human rights as well. The basic research question is how selected modern democratic states legally regulate the issue of the termination of pregnancy. Hence, the research goal is to prove that the trend of modern democratic states is to allow the termination of pregnancy even on request, but also to determine the existence of recent retrograde trends in this area. In this paper and research, except for the comparative method, the analytic, dogmatic, normative, and axiological methods are utilized. Although the core of the research is comparative legal, the historic and international legal segments are presented in short in this paper. In researching the following selected states, BiH, Serbia, Croatia, Germany, USA and Ireland, it is determined that the termination of pregnancy is currently largely allowed even on the request of a pregnant woman, especially for justified reasons, with regards to a specific legal regime (Germany), a sudden shift in complete liberalization (Ireland), and even for retrograde changes towards absolute prohibition (USA). In the argument section, the right of the state to ban a medical procedure out of arbitrary reasons (at least in modern discourse) is considered (even disputed). The conclusion is, considering the practice and development of democratic states, the trend of allowing the termination of pregnancy in early stages on demand of a pregnant woman without a reason, and in later stages with a reason, is evident. Concerning the region, the situation is relative satisfactory, although in greater parts of Bosnia and Herzegovina as well as Croatia the outdated legislation needs innovations, as well as certain improvements, which at this point is inevitable.