SOME PROBLEMS OF CRIMINAL RESPONSIBILITY FOR THE ILLEGAL ABORTION

Abstract

The article is about the problem of bringing up criminal responsibility for abortion. In author’s opinion this problem is connected, foremost, with imperfection of legislative formulation of the corresponding article of the Criminal Code of Ukraine. It shows up in the unconcordance of norms of criminal legislation and legislation about health protection. Analysing this corpus delict (art. 134 of the Criminal Code of Ukraine), special attention in the article is paid to the correct use of medical terminology and determination of the list of subjects of this crime. As a result, it is suggested to change the article 134 of the Criminal Code of Ukraine by making alteration to disposition of this corpus delict. The terms witch we undertake into consideration there are: «abortion», «artificial breaking of pregnancy», «willful breaking of pregnancy», etc.
The author also underlines requirements for the legality of an artificial breaking of pregnancy. It must be admitted illegal, if it is accomplished: 1) with violation of receipt order of permission on realization of operation; 2) with violation of order of operation (in improper conditions, by an improper subject, etc); 3) with violation of the terms: 4) at presence of medical contraindications for an operation; 5) without the agreement of expectant mother; 6) with violation of other rules, foreseen by Bases of the legislation of Ukraine on health protection and corresponding normative legal acts.