Деякі питання щодо механізму реалізації права особи на евтаназію

This article is devoted to the disclosure of issues related to clarifying the general features of the institution of «euthanasia» and its impact on the emergence and termination of civil relations, as well as the need for an appropriate mechanism for its implementation. In the framework of this article, different approaches of scientists were studied, as well as the position of foreign legislators on the possibility of using the institution of «euthanasia”. The main attention is paid, in particular, to the disclosure of practical aspects of the mechanism of realization of the right of an individual to euthanasia, based primarily on the experience of legislators of those countries that allow its application (USA, Israel, Switzerland, UK, etc.). The position of the European Court of Human Rights on the possibility of enshrining the right of a person to euthanasia at the legislative level of the respective country is also analyzed. To achieve this goal, the author used methods typical of legal science. The study was conducted using primarily formal-logical and system-structural methods, as well as the dialectical method of knowledge of legal reality The position is argued that if a person's right to euthanasia is enshrined in national law, its implementation requires the development of an appropriate mechanism that would defend the interests of such a person and primarily minimize the influence of potential heirs and medical staff on conscious and voluntary expression of euthanasia. Emphasis is placed on the fact that the relevant mechanism for exercising the right to euthanasia requires a lack of interest from both witnesses and medical staff, as well as the need for detailed regulation of the euthanasia decision-making procedure.

Abstract licence: CC BY-NC-ND

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