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Legal Studies
Reference:

Abortion as a way of violating a woman's reproductive right: a criminal-legal view of the problem

Burtseva Viktoriya Vasil'evna

Postgraduate student; Department of Criminal and Penal Enforcement Law; Saratov State Law Academy

410056, Russia, Saratov region, Saratov, Volskaya str., 1

victoria.perchenko@yandex.ru
Other publications by this author
 
 

DOI:

10.25136/2409-7136.2024.9.71752

EDN:

FJMWVW

Received:

19-09-2024

Published:

26-09-2024

Abstract: Through the prism of criminal law views, the article raises issues of the concept of a woman's reproductive right and the need to recognize artificial termination of pregnancy (abortion) as a way to realize the said right of a woman, on the one hand, and a way to violate it, on the other. The object of the study is the social relations arising in relation to a woman's reproductive right and its criminal law protection. The subject of the study is the Russian modern criminal legislation, as well as scientific works reflecting the problems raised in the research. The methodological basis is the universal dialectical method of cognition. Along with it, general scientific and private scientific methods were used: dogmatic, hermeneutical, formal-logical, systemic, structural-functional, formal-legal, legal modeling, etc. The results of the study: the analysis showed that the Basic Law of the country, health care and administrative-tort legislation recognize a woman's reproductive right and positively address the issue of its protection. However, the current Russian criminal law lacks a system of norms that would effectively protect a woman's reproductive right. The lack of a systematic approach in the legal field has a negative impact on the unhindered realization of the most important right of a woman. Therefore, additional guarantees of such implementation are needed, criminal law protection can fill in the missing link of the system of Russian law in the analyzed area. The conclusion made as a result of the study: currently, there is an urgent need for legislative consolidation of special norms in which it is necessary to provide for criminal liability for various encroachments on a woman's reproductive right.

Keywords:

demographic policy, criminal law protection, crime, abortion, artificial termination of pregnancy, reproductive law, criminalization, public danger, the object of the crime, pregnancy
This article is automatically translated.

Currently, scientific discussions are underway on the need or possibility of preserving a woman's right to an artificial termination of pregnancy and on the expediency of effective criminal law protection of her reproductive rights [1]; [2]; [3]; [4]; [5]; [6]; [7].

The leading role in solving this problem may belong to the reform of criminal law norms in the field of protection of a woman's reproductive right in the context of artificial termination of pregnancy as a way of realizing this right.

Taking into account the problem posed, it is important to consider artificial termination of pregnancy as a way to realize and violate a woman's reproductive right, as well as to suggest some ways to solve it.

To do this, it is first of all important to clarify the concept of reproductive law and adapt it to the needs of criminal legislation.

When determining the legal nature of reproductive rights, it should be remembered that they are inherently complex. They include a number of elementary rights that are enshrined in international legal documents on human rights and freedoms, in laws and other legal acts. I. G. Pirozhkova and I. V. Pominova rightly point out that international law understands reproductive rights as "part of the legitimate rights and freedoms related to reproduction and human sexual health" [8, p.52]. M. A. Lavrik divides reproductive rights into two categories: reproductive rights of a negative nature (abortion, sterilization, contraception) and reproductive rights of a positive nature (artificial insemination) [9]. E. S. Plotnikova points out that a woman's reproductive right is expressed, among other things, "in conception, bearing and birth of a child" [10, p.9].

Taking into account the above, it is advisable to understand a woman's reproductive right to reproduce offspring, choose the number and time of birth of children, pregnancy planning, the right to terminate an unwanted pregnancy, as well as the right to information in the field of her reproductive health. Reproductive right is the freedom to choose whether a woman wants to have children, in what number, in what way a woman wants to conceive a child. At the same time, no one, including the biological father of the child, can interfere in the realization of this right, since a woman's reproductive freedom is her inalienable right.

Adapted to real life and the problems of criminal law protection, two ways of realizing a woman's reproductive right are seen: 1) pregnancy planning and childbirth, 2) artificial termination of an unwanted pregnancy. At the same time, the realization of this right takes place exclusively by the free will of a woman. This position is supported by G. B. Romanovsky [11, p.9].

It seems that legislative regulation, protection and protection of a woman's reproductive right contributes to the proper legal regulation of the right to artificial termination of pregnancy. By artificial termination of pregnancy, it is necessary to understand medical intervention by a medicinal and (or) surgical method, as a result of which the death and (or) expulsion of the fetus from the womb of a pregnant woman occurs.

From the perspective of a woman's reproductive right, artificial termination of pregnancy has a two-dimensional meaning, acting:

1) a way of exercising this right, in which a woman has the right to terminate an unwanted pregnancy;

2) a method of violation of this right, in which an artificial termination of pregnancy is carried out in violation of the procedure for carrying out an artificial termination of pregnancy, as well as in addition to or against the will of a pregnant woman.

Since a woman's reproductive right is one of the most important constitutional rights, its legal protection must be systematic and effective. The basic law of the country, health care and administrative-tort legislation recognize a woman's reproductive right and positively resolve the issue of its protection.

At the same time, there are grounds to believe that protective criminal legislation does not pay due attention to a woman's reproductive right. In this regard, it is necessary to recognize the following statement by N. A. Podolny as fair: "Despite the importance for society and the state of protecting reproductive rights, the structure of criminal legislation is built without taking them into account" [12, p.126].

In the legal literature, crimes indirectly affecting a woman's reproductive right include the murder of a woman who is obviously pregnant for the perpetrator (paragraph "d" of Part 2 of Article 105 of the Criminal Code of the Russian Federation); intentional infliction of serious harm to health (Article 111 of the Criminal Code of the Russian Federation), etc. [12, pp.127-128]. The main object of these crimes is recognized by the criminal law doctrine as the life and health of the individual [13, p.143]; [14, p.16].

The problem of criminal law protection of a woman's reproductive right is partially, indirectly affected by the normative prescriptions contained in Article 123 "Illegal artificial termination of pregnancy" of the Criminal Code of the Russian Federation. However, the named crime is traditionally attributed by theorists of criminal law to crimes that endanger life and health [15, p.66]; [16, p.42].

In addition, the practical implementation of the current norm of Article 123 of the Criminal Code of the Russian Federation raises many questions related to the lack of proper criminal law protection of a woman's reproductive right.

Article 123 of the Criminal Code of the Russian Federation currently finds rare application. According to statistical data of the Judicial Department at the Supreme Court of the Russian Federation in 2011, 2013, two people were convicted of illegal abortion under Parts 1 and Part 3 of Article 123 of the Criminal Code; in 2012, one person was convicted under Part 1 of Article 123 of the Criminal Code, two under Part 3 of Article 123 of the Criminal Code; in 2014 – one convict per part 1 and Part 3 of Article 123 of the Criminal Code of the Russian Federation; in 2015, under Part 1 of Article 123 of the Criminal Code of the Russian Federation – one convict, under part 3 of Article 123 of the Criminal Code of the Russian Federation – zero; in 2016, 2017, 2020, 2022, 2023, according to Article 123 of the Criminal Code of the Russian Federation, there were zero convicts in 2018, 2019, 2021, according to Part 1 of Article 123 of the Criminal Code of the Russian Federation, zero convicts, according to part 3 of Article 123 of the Criminal Code of the Russian Federation – one for each year.

As a rule, Article 123 of the Criminal Code of the Russian Federation finds implementation in law enforcement practice if illegal artificial termination of pregnancy caused serious harm to health or death of a pregnant woman through negligence [See: Verdict of the Nizhneserginsky District Court of the Sverdlovsk Region dated February 21, 2008 in case No. 1-76/2008. URL: Internet project Rospravudie: https://rospravosudie.com/court-nizhneserginskij-rajonnyj-sud-sverdlovskaya-oblast-s/act-102738760/ (date of appeal: 09/14/2024); Verdict of the Bikinsky City Court of the Khabarovsk Territory dated December 27, 2010 in case No. 1-233/2010. URL: Rospravudie Internet project: https://rospravosudie.com/court-bikinskij-gorodskoj-sud-xabarovskij-kraj-s/act-104115428 / (date of appeal: 09/14/2024); Verdict of the Alexandrovsky District Court of the Stavropol Territory dated June 07, 2018 in case No. 1-57/2018. URL: Internet project: Judicial and regulatory acts of the Russian Federation: https://sudact.ru/regular/doc/jDHnwHmTDYoN / (date of access: 09/14/2024). The accused were found guilty of committing a crime under Part 3 of Article 123 of the Criminal Code of the Russian Federation, and they were sentenced to two years in prison.

In addition, criminal cases on the grounds of Part 1 of Article 123 of the Criminal Code of the Russian Federation are initiated in connection with the identification of facts of illegal artificial termination of pregnancy in the process of various inspections of the activities of medical workers [See: Verdict of the Zavodsky District Court of Grozny of the Chechen Republic dated July 6, 2017 in case No. 1-97/2017. URL: Internet project: Judicial and regulatory acts of the Russian Federation: https://sudact.ru/regular/court/reshenya-zavodskoi-raionnyi-sud-g-groznogo-chechenskaia-respublika / (date of access: 09/14/2024)].

As the practice of courts of general jurisdiction shows, for non–compliance with the regulatory rules for artificial termination of pregnancy, in most cases doctors are criminally liable under Part 2 of Article 118 of the Criminal Code of the Russian Federation - causing serious harm to health through negligence, committed as a result of improper performance by a person of their professional duties [See: Appeal ruling of the Prokhladnensky District Court of the Kabardino-Balkarian Republic dated December 22, 2017 in case No. 10-30/2017. Access from the ATP "Garant" (date of appeal: 03/02/2023); Appeal decision of the Kamensk City Court of the Altai Territory dated September 12, 2018 in case No. 10-7/2018. Access from the ATP "Garant" (date of appeal: 09/15/2024); Resolution of the Justice of the Peace of the judicial district No. 3 of the Kirovsky district of Saratov dated February 10, 2016 No. 1-4/16. Access from the ATP "Garant" (date of appeal: 09/15/2024); Verdict of the Justice of the Peace of the judicial district of the Debessky district of the Udmurt Republic dated April 10, 2017 G. No. 1-1/17. Access from the SPS "Garant" (date of application: 09/15/2024); Verdict of the Magistrate of the judicial district No. 2 of the Apanasenkovsky district of the Stavropol Territory dated April 26, 2017 1-3/2/17 . Access from the ATP "Garant" (date of appeal: 09/15/2024); Verdict of the Justice of the Peace of the judicial district No. 2 of the Apanasenkovsky district of the Stavropol Territory dated April 26, 2017 No. 1-3/17. Access from the ATP "Garant" (date of appeal: 09/15/2024)], according to Part 1 of Article 109 of the Criminal Code of the Russian Federation – causing death by negligence [See: The verdict of the Marksovsky City Court of the Saratov region dated June 15, 2018 in case No. 1-56/2018. Access from the ATP "Garant" (date of appeal: 09/15/2024); Appeal decision of the Supreme Court of the Republic of Crimea dated February 26, 2018 in case No. 22-416/2018. Access from the ATP "Garant" (date of appeal: 09/15/2024); Appeal decision of the Samara Regional Court dated February 28, 2018 in case No. 22-1095/2018. Access from the ATP "Garant" (date of appeal: 09/15/2024)], according to clause "c" of Part 3 of Article 286 of the Criminal Code of the Russian Federation – an official commits actions that clearly go beyond his powers and entail a significant violation of the rights and legitimate interests of citizens or organizations or the legally protected interests of society or the state with serious consequences [See: The verdict of the Supreme Court of the Altai Republic dated February 07, 2017 in case No. 2-1/2017. Access from the ATP "Garant" (date of application: 09/16/2024)].

In the analyzed and in many other cases encountered in judicial practice, there is a violation of normative legal acts regulating the artificial termination of pregnancy by an obstetrician-gynecologist. This gives reason to conclude that performing an artificial termination of pregnancy in violation of the established rules of such an operation is an encroachment on a woman's reproductive right. And in such situations, the pregnant woman remains unprotected, contrary to the direct instructions in the health legislation on the need to solve the problem at the criminal law level. This means that, from the point of view of law enforcement practice, the criminal law protection of a woman's reproductive right should be put at the forefront.

Thus, currently, in the activities of law enforcement and law enforcement agencies, there is no unified concept of criminal liability of persons who performed an artificial termination of pregnancy, neglecting the legal norms governing the rules for artificial termination of pregnancy. One of the possible solutions to the identified problem would be to consolidate at the level of criminal legislation the reproductive right of a woman as an independent object of criminal law protection, in connection with which the Criminal Code of the Russian Federation in this context needs to be changed.

The classical definition of the object of a crime in the theory of Russian criminal law recognizes the following: the object of a crime is a public relationship protected by criminal law from criminal encroachments. As G.V. Verina rightly notes, "the concept of "the object of crime is public relations" has stood the test of time" [17, p.94]. B. S. Nikiforov believed that "it is impossible to separate the interests of a person from herself and then take the person beyond the framework of public relations" [18, p.83].

In the theory of criminal law of the modern stage of development, the direct object of the crime "illegal artificial termination of pregnancy" is recognized as public relations to ensure the safety of life and health of a pregnant woman. This interpretation of the object of a criminal act has not changed over the long history and all the vicissitudes of Soviet criminal law [19, c.196]; [20, c.63]; [21, c.8]; [22, c.17]; [23, c.21]; [24, c.12].

It should be emphasized that by contacting a person who does not have a higher medical education of the appropriate profile, regarding an operation for artificial termination of pregnancy, a woman consents to harm her reproductive right, as well as her reproductive health. Therefore, it is advisable to recognize a woman's reproductive right as the direct object of the crime "illegal artificial termination of pregnancy". From the point of view of the concept of the object of crime – public relations, a woman's reproductive right as an object of crime in relation to the problem of this study can be defined through the prism of public relations related to the realization of a woman's reproductive right through artificial termination of pregnancy.

There is reason to believe that performing an artificial termination of pregnancy by a person who does not have an appropriate medical education, with the consent of the aborted woman, encroaches on the reproductive right of a pregnant woman and is a socially dangerous act.

Based on the above, we consider it advisable to modify the corpus delicti "illegal artificial termination of pregnancy" in the current version of Article 123 of the Criminal Code of the Russian Federation in order to strengthen the criminal law protection of a woman's reproductive right, supplementing it with signs that take into account the consent of a pregnant woman to perform an operation.

An increased public danger is the carrying out of an artificial termination of pregnancy without the consent of a pregnant woman, as we discussed earlier [25]. This is due to the significant harm to her reproductive right, since it deprives a woman, against her will, of the opportunity to give birth to a child. This circumstance allows us to consider the lack of a woman's will to have an artificial termination of pregnancy as a criterion for criminalizing artificial termination of pregnancy without the consent of a pregnant woman

It should be noted that the qualification of an artificial termination of pregnancy by a law enforcement officer without the consent of a pregnant woman under Article 111 of the Criminal Code of the Russian Federation contradicts common sense, because the crime of "Intentional infliction of serious harm to health" (Article 111 of the Criminal Code of the Russian Federation) is intended to protect a person from physical violence, the purpose of which is to cause harm to health, where termination of pregnancy can to be a consequence of such harm. In itself, artificial termination of pregnancy cannot be covered by the concept of "serious harm to health". In Part 3 of Article 123 of the Criminal Code of the Russian Federation, as currently amended, a qualifying sign is established, as emphasized above, the basis of which is serious harm to health caused by negligence by an abortionist as a result of artificial termination of pregnancy. Therefore, it is important to state that intentional serious harm to health cannot inadvertently cause serious harm to health. This position is eloquently confirmed by the practice of the courts of general jurisdiction of the Russian Federation [See: Verdict of the Uyarsky District Court of the Krasnoyarsk Territory dated September 8, 2021 in case No. 1-82/2021. Access from the SPS "Garant" (date of appeal: 09/15/2024); Verdict of the Kinelsky District Court of the Samara region dated May 17, 2021 in case No. 1-95/2021. Access from the ATP "Garant" (date of application: 09/15/2024]. Here, the defendants' goal was to inflict physical suffering on the victims through violent acts related to beatings. At the same time, the termination of pregnancy was the result of such violence.

Artificial termination of pregnancy can be carried out either intentionally or as a careless consequence of the act. A careless form of guilt is possible with improper performance of professional duties by an obstetrician-gynecologist, which led to an artificial termination of pregnancy.

Recently, cases of medical error during artificial termination of pregnancy have become more frequent, when patients are confused. For example, in 2019 in Seoul [Doctors confused patients and had an abortion by mistake. URL: https://ru.sputnik.kz/20190925/abort-oshibka-11620327.html (date of appeal: 17/09.2024)], and in 2024 in Prague [Patients were confused and the wrong pregnant woman had an abortion: the country was rocked by a scandal. URL: https://www.kp.ru/daily/27586.5/4911861 / (date of application: 09/14/2024)] identical cases occurred: women went to the clinic for a routine check-up of pregnancy. However, doctors confused their medical records with the medical records of other patients and the women underwent artificial termination of pregnancy against their will and without their consent due to improper performance of professional duties by an obstetrician-gynecologist.

According to Russian criminal law, such consequences may relate to causing serious harm to health through negligence. Which, I think, is incorrect due to the fact that a woman is harmed primarily by her reproductive right.

We believe that the criminal legislation of Russia should provide for the criminal liability of doctors for criminal acts that violate the procedure and principles of providing medical care to the population. This conclusion is also based on the judgment of A. G. Blinov that "the social result of the criminal law in the field of healthcare is the retention of a medical worker from committing a socially dangerous action (inaction) during the performance of professional functions" [26, p.72].

Criminal prosecution of medical workers for improper performance of their professional duties, considered through the prism of the topic of this study, will contribute to the preservation of women's reproductive rights and the implementation of the guiding principles of medical legislation.

Thus, in the Criminal Code of the Russian Federation, it is necessary to criminalize the improper performance of professional duties by an obstetrician-gynecologist, which inadvertently led to an artificial termination of pregnancy.

Another act that encroaches on a woman's reproductive right is forcing a woman to artificially terminate her pregnancy, as the author pointed out earlier [27]. At the same time, coercion includes physical and mental coercion [28, p.52]; [29, p.4]; [30]. We believe that coercion in criminal law should be understood as mental or physical coercion of the victim in order to obtain his consent to this or that action.

Forcing a woman to artificially terminate a pregnancy can occur through: threats and (or) the use of physical violence; as well as the dissemination of information that dishonors the honor and dignity of a pregnant woman, or other information that can cause significant harm to the rights or legitimate interests of the victim

We believe that criminalization of coercion to artificial termination of pregnancy will contribute to the legal protection of the family, motherhood and childhood in general.

Summarizing the above, we emphasize that a woman's reproductive right must be recognized as an independent object of criminal law protection. In order to properly protect this important constitutionally significant right, it is advisable to criminalize the following acts:

· Artificial termination of pregnancy with the consent of a pregnant woman by a person who does not have a higher medical education of the appropriate profile;

· Artificial termination of pregnancy without the consent of a pregnant woman;

· Improper performance of professional duties by an obstetrician-gynecologist, which inadvertently led to an artificial termination of pregnancy;

· Forcing a woman to have an artificial termination of pregnancy.

Taking a woman's reproductive right under criminal law protection, respectively, recognition at the level of Russian criminal legislation of a woman's reproductive right as an independent object of legal protection will allow the Russian legislator to form a systematic approach to the protection of an inalienable and most important right of a woman. In addition to the above arguments, Article 2 of the Criminal Code of the Russian Federation, according to which the most important task of the criminal law of Russia is to protect human and civil rights and freedoms from criminal encroachments, allows us to talk about the need for independent criminal legal protection of a woman's reproductive right.

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Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

The subject of the research in the article submitted for review is, as its name implies, artificial termination of pregnancy as a way of realizing and violating a woman's reproductive right. The author focuses on the analysis of the criminal law aspect of the problem. The declared boundaries of the study have been observed by the scientist. The methodology of the research is not disclosed in the text of the article. The relevance of the research topic chosen by the author is undeniable and justified by him as follows: "Currently, scientific discussions are underway about the need or possibility of preserving a woman's right to an artificial termination of pregnancy and the expediency of effective criminal law protection of her reproductive rights [1]; [2]; [3]; [4]; [5]; [6]; [7]. The leading role in solving this problem may belong to the reform of criminal law norms in the field of protection of a woman's reproductive right in the context of artificial termination of pregnancy as a way of realizing this right. Taking into account the problem posed, it is important to consider artificial termination of pregnancy as a way to realize and violate a woman's reproductive right, as well as to suggest some ways to solve it." The scientific novelty of the work is manifested in a number of conclusions and suggestions of the author, for example: "Taking into account the above, it is advisable to understand a woman's reproductive right to reproduce offspring, choose the number and time of birth of children, pregnancy planning, the right to terminate an unwanted pregnancy, as well as the right to information in the field of her reproductive health. Reproductive right is the freedom to choose whether a woman wants to have children, in what number, in what way a woman wants to conceive a child. At the same time, no one, including the biological father of the child, can interfere in the realization of this right, since a woman's reproductive freedom is her inalienable right"; "From the perspective of a woman's reproductive right, artificial termination of pregnancy has a two-dimensional meaning, acting: 1) a way of exercising this right, in which a woman has the right to terminate an unwanted pregnancy; 2) a way of violating this right, in which artificial termination of pregnancy is carried out in violation of the procedure for artificial termination of pregnancy, as well as in addition to or against the will of a pregnant woman"; "Article 123 of the Criminal Code of the Russian Federation currently finds rare application. According to statistics from the Judicial Department at the Supreme Court of the Russian Federation, in 2011, 2013, two people were convicted of illegal abortion under Parts 1 and Part 3 of Article 123 of the Criminal Code; in 2012, one person was convicted under Part 1 of Article 123 of the Criminal Code, and two under Part 3 of Article 123 of the Criminal Code; in 2014 – one convict per part 1 and Part 3 of Article 123 of the Criminal Code of the Russian Federation; in 2015, under Part 1 of Article 123 of the Criminal Code of the Russian Federation – one convict, under part 3 of Article 123 of the Criminal Code of the Russian Federation – zero; in 2016, 2017, 2020, 2022, 2023, according to Article 123 of the Criminal Code of the Russian Federation, there were zero convicts in 2018, 2019, 2021, according to Part 1 of Article 123 of the Criminal Code of the Russian Federation, zero convicts, according to part 3 of Article 123 of the Criminal Code of the Russian Federation – one for each year. As a rule, Article 123 of the Criminal Code of the Russian Federation finds implementation in law enforcement practice if the illegal carrying out of an artificial termination of pregnancy has inadvertently caused serious harm to health or death of a pregnant woman"; "In the analyzed and in many other cases encountered in judicial practice, there is a violation of normative legal acts regulating the carrying out of an artificial termination of pregnancy by a doctor an obstetrician-gynecologist. This gives reason to conclude that performing an artificial termination of pregnancy in violation of the established rules of such an operation is an encroachment on a woman's reproductive right. And in such situations, the pregnant woman remains unprotected, contrary to the direct instructions in the health legislation on the need to solve the problem at the criminal law level. This means that from the point of view of law enforcement practice, the criminal law protection of a woman's reproductive right should be put at the forefront," etc. Thus, the article makes a certain contribution to the development of domestic legal science and, of course, deserves the attention of potential readers. The scientific style of the research is fully sustained by the author. The structure of the work is logical. In the introductory part of the article, the scientist substantiates the relevance of his chosen research topic. In the main part of the work, the author explores the concept of reproductive law, analyzes ways of its implementation by a woman and its violations, identifies gaps in the current criminal legislation in the field of protection of women's reproductive rights and suggests ways to improve it. The final part of the article contains conclusions based on the results of the study. The content of the article corresponds to its title and does not cause any particular complaints. The bibliography of the research is presented by 30 sources (monographs, dissertations, scientific articles). From a formal and factual point of view, this is quite enough. The author managed to reveal the research topic with the necessary completeness and depth. There is an appeal to the opponents, but it is general in nature due to the focus of the study. The scientific discussion is conducted by the author correctly. The provisions of the work are justified to the appropriate extent and illustrated with examples. There are conclusions based on the results of the study ("Summarizing the above, we emphasize that a woman's reproductive right must be recognized as an independent object of criminal law protection. In order to properly protect this important constitutionally significant right, it is advisable to criminalize the following acts: · Artificial termination of pregnancy with the consent of a pregnant woman by a person who does not have a higher medical education of the appropriate profile; · Artificial termination of pregnancy without the consent of a pregnant woman; · Improper performance of professional duties by an obstetrician-gynecologist, which inadvertently resulted in artificial termination of pregnancy; · Forcing a woman to have an artificial termination of pregnancy. Taking a woman's reproductive right under criminal law protection, respectively, recognition at the level of Russian criminal legislation of a woman's reproductive right as an independent object of legal protection will allow the Russian legislator to form a systematic approach to the protection of an inalienable and most important right of a woman. In addition to the above arguments, Article 2 of the Criminal Code of the Russian Federation, according to which the most important task of the criminal law of Russia is to protect human and civil rights and freedoms from criminal encroachments, allows us to talk about the need for independent criminal legal protection of a woman's reproductive right"), they are clear, specific, have the properties of reliability, validity and, of course, deserve attention the scientific community. The interest of the readership in the article submitted for review can be shown primarily by specialists in the field of criminal law, family law, provided that it is slightly improved: the disclosure of the research methodology.
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