Burtseva V.V. —
Reproductive right of a woman as the object of criminal law protection: posing the issue
// Law and Politics. – 2018. – ¹ 7.
– P. 28 - 35.
DOI: 10.7256/2454-0706.2018.7.26879
URL: https://en.e-notabene.ru/lpmag/article_26879.html
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Abstract: The subject of this research is the theoretical analysis of a set of interrelated scientific and practical issues of the criminal law aspect of reproductive right, its place, features and concept, including the artificia termination of pregnancy. This article is dedicated to examination of the problems of criminal law protection of reproductive right of a woman. The authors considers the relevant theoretical and practical issues associated with codification of reproductive right of a woman in the criminal legislation of the Russian Federation. The research is focused on criminal law protection, as well as regulation of the unlawful exercise of such right. The author analyzes the existing norm of the unlawful artificial termination of pregnancy as a method of exercising woman’s tight to reproduction. The scientific novelty is lies in providing a comprehensive examination of the criminal law protection of reproductive right, its content and structural components for the first time. The author presents an original perspective on regulation of the criminal law responsibility for unlawful termination of pregnancy as one of the methods of exercising of such right, considering the requirements of the norms of international law and universal human values. Revision of the Article 123 of the Criminal Code of the Russian Federation is suggested.
Burtseva V.V. —
Reproductive right of a woman as the object of criminal law protection: posing the issue
// Law and Politics. – 2018. – ¹ 7.
– P. 28 - 35.
DOI: 10.7256/2454-0706.2018.7.43167
URL: https://en.e-notabene.ru/lamag/article_43167.html
Read the article
Abstract: The subject of this research is the theoretical analysis of a set of interrelated scientific and practical issues of the criminal law aspect of reproductive right, its place, features and concept, including the artificia termination of pregnancy. This article is dedicated to examination of the problems of criminal law protection of reproductive right of a woman. The authors considers the relevant theoretical and practical issues associated with codification of reproductive right of a woman in the criminal legislation of the Russian Federation. The research is focused on criminal law protection, as well as regulation of the unlawful exercise of such right. The author analyzes the existing norm of the unlawful artificial termination of pregnancy as a method of exercising woman’s tight to reproduction. The scientific novelty is lies in providing a comprehensive examination of the criminal law protection of reproductive right, its content and structural components for the first time. The author presents an original perspective on regulation of the criminal law responsibility for unlawful termination of pregnancy as one of the methods of exercising of such right, considering the requirements of the norms of international law and universal human values. Revision of the Article 123 of the Criminal Code of the Russian Federation is suggested.