Zanevskaya N.A. Institution of physical inviolability of the body of soldiers after death in light of the principles of international law

Abstract: This article examines the questions of realization by the citizens of the Russian Federation of the right to personal inviolability. It examines such aspects of the legislative formalization of the procedure of post-mortem collection of organs and human tissues. The research conducted by the author allows making a conclusion that the category “dignified” is being viewed within the framework of the regard towards the body of the deceased, does not have legal definition, and is being understood differently by various social groups. In light of this, the author explores the correlation between the categories of “right to a dignified treatment of the body after death” and “right to personal inviolability”, as well as “presumption of agreement” to remove organs after death established by the legislation of the Russian Federation. A conclusion is made that despite the existing imperfections in the legislative “presumption of agreement”, in the context of state policy the Russian citizens are still able to exercise their constitutional rights and liberties.  

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