Tukuser L.S.

Yaroslav The Wise National Law University, Ukraine

The perspective of legalizing euthanasia in Ukraine

The legalization of euthanasia has been one of the heated discussions in many countries around the world. It has been the most profound and difficult issue, so I will try to make an objective judgment and decide if it would have good consequences in Ukraine.

The term «euthanasia» (from Greek: "good death": εὖ, eu; "well" or "good" – θάνατος, thanatos; "death") refers to the practice of intentionally ending a life in order to relieve pain and suffering. There are passive and active variants of euthanasia. Passive euthanasia includes the withholding of common treatments, such as antibiotics, necessary for the continuance of life. Active euthanasia includes the use of lethal substances or forces, such as administering a lethal injection, to kill and is the most controversial means. A number of authors consider these terms to be misleading and unhelpful.

In the modern meaning this term was first used by English philosopher Francis Bacon in XVI century. And in the end of XX century, in 1984 euthanasia was officially allowed in the Netherlands. Some years later more and more countries join to the legalization of voluntary death (some states of USA, Sweden, Belgium, Luxembourg).

In Ukraine, conducting euthanasia in any form is illegal and defined as a murder. So the motive for such an action is not included in the indictment or sentences and does not have any effect on selecting the punishment.

I think that terminally ill people should have the right to end their suffering with a quick, dignified, and compassionate death. It is believed that the right to die is protected by the same constitutional safeguards that guarantee such rights as marriage, procreation, and the refusal or termination of life-saving medical treatment. I agree with Fomichev Eugene K. that euthanasia should not be considered as choosing between life and death. Law would never determine priority of death over life. Law protects now and will always protect life. Euthanasia is a choice between death and death, between the death terrible and painful and the death quick and easy.

However, with the legalization ofeuthanasia many ways to abuse this rightmay occur, there may be a "slippery slope" from euthanasia to murder. Among them is increasing pressure on disabled people, the old and terminally ill people by relatives who want to get their property or inheritance. In such circumstances, it would be difficult to establish voluntariness of decision to die. Legalizing euthanasia will unfairly target the poor and disabled and create incentives for insurance companies to terminate lives in order to save money. Besides legalization of euthanasia can facilitate the commission of crimes by using physical or psychological pressure on people, bribery of medical staff, abusing official position. Therefore to avoid theseconsequencesthere should be a lot of restrictions on the using of euthanasia. We should not let euthanasia give rise killing for profit. So to make it impossible to escape a murder charge by dressing the crime up as an assisted suicide, we need to construct a perfect legal rule.

Formulation of rules that would legally reinforce euthanasia should be well designed to avoid trespasses. The compulsory feature of this legal rule, I think, should be the request of incurable person to end up with his\her life. This request must be serious, persistent and categorical and show up in words, facial expressions or gestures. If a patient is not able to give clear consent, it may be determined from a pre-written document such as a living will or the testimony of the family. Also, in my opinion, it is necessary to list subjects, who would have the right to conduct this procedure. Medical workers (nurses) and doctors are generally recognized as authorized for that duty.

It is necessary to define the conditions imposed on a person seeking euthanasia: that person must be conscious of his\her decision and understand the meaning of euthanasia; illness must be terminal, he\she must be in great pain, with no available treatment to alleviate his\her distress; he\she should receive the approval of two doctors and a panel of experts.

Summing up, I believe that at present the legalization of euthanasia in Ukraine will have negative consequences. Nowadays our country is not ready to ensure euthanasia as a right to deathwith dignity. But my personal position is that if we believe that there is a right to life, then we must accept that people have a right to dispose of that life whenever they want.

References:

1) Fomichev Eugene K. Euthanasia as a form of realization of the right to die (general theoretical aspect): Dis. Cand. jurid. :Tambov, 2006, 225 p

2) Large Law Dictionary / Ed. A. I. Sukharev, V.E Krutskikh. Moscow, 2002. 685 p.

3) On the issue of the legalization of euthanasia in the CIS countries.R. Stefanchuk,-Lawyer-oct.№10-2006.

4) Scientific and practical commentary to the Constitution of Ukraine. Book 1-Kyev:Parliamentary publishing.2003.-973 p.