CRIMINAL LEGAL PROTECTION OF LIFE OF A NEWBORN BABY

Crimes against life are very different from other types of crime by being a public danger: they lead to such consequences that cannot be repaired or reimbursed – the loss of life is irreversible. The harm is not limited only by the fact of death and hard moral consequences to relatives, but the stat...

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Autores principales: Yuri Alexandrovich Govenko, Elite Soltanovna Tabolova
Formato: article
Lenguaje:EN
RU
Publicado: Science and Innovation Center Publishing House 2016
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Law
K
H
Acceso en línea:https://doaj.org/article/b21d2b8637a34c5f9ac7730a16d1f8de
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spelling oai:doaj.org-article:b21d2b8637a34c5f9ac7730a16d1f8de2021-12-02T15:59:21ZCRIMINAL LEGAL PROTECTION OF LIFE OF A NEWBORN BABY2070-756810.12731/2070-7568-2016-2-8-22https://doaj.org/article/b21d2b8637a34c5f9ac7730a16d1f8de2016-04-01T00:00:00Zhttp://journal-s.org/index.php/nk/article/view/8856https://doaj.org/toc/2070-7568Crimes against life are very different from other types of crime by being a public danger: they lead to such consequences that cannot be repaired or reimbursed – the loss of life is irreversible. The harm is not limited only by the fact of death and hard moral consequences to relatives, but the state and society are also damaged because relatives lose help and society and state lose labor contribution of the citizen. That’s why Art.20 of Constitution of Russia allows death penalty for the most serious crimes against life as an exceptional measure of punishment (it includes Ch.2 Art 105 of Criminal Code of the Russian Federation). This article made a research of the criminal law protection of the newborn child’s life (Art.106 of the CC of RF) under mitigating circumstances and the problems of improving the criminal legislation, and realization of proposals aiming the improving of the criminal legislation will provide certainty of criminal responsibility for mothers who kill their newborn children; and also the differentiation of the criminal prosecution for women who decided to get rid of the child long before birth, and the murder itself was calmly planned act; and those women who killed their newborn children being in a traumatic situation or in a state of mental disorder not excluding sanity. The goal is to analyze the current legislation of law enforcement in the field of protection of the right to life of the newborn. The methodological basis of the article is the dialectic-materialistical method of cognition and comprehensive approach derived from it including elements of a system-information analysis. The results obtained during research are focused on practical application in the field of protection of newborn life. Application of results: the results are useful for improving the criminal legislation.Yuri Alexandrovich GovenkoElite Soltanovna TabolovaScience and Innovation Center Publishing Housearticleпреступления против жизни и здоровьясмертьноворожденныйвозрастдетоубийствоLawKSocial SciencesHENRUНаука Красноярья, Vol 0, Iss 2, Pp 8-22 (2016)
institution DOAJ
collection DOAJ
language EN
RU
topic преступления против жизни и здоровья
смерть
новорожденный
возраст
детоубийство
Law
K
Social Sciences
H
spellingShingle преступления против жизни и здоровья
смерть
новорожденный
возраст
детоубийство
Law
K
Social Sciences
H
Yuri Alexandrovich Govenko
Elite Soltanovna Tabolova
CRIMINAL LEGAL PROTECTION OF LIFE OF A NEWBORN BABY
description Crimes against life are very different from other types of crime by being a public danger: they lead to such consequences that cannot be repaired or reimbursed – the loss of life is irreversible. The harm is not limited only by the fact of death and hard moral consequences to relatives, but the state and society are also damaged because relatives lose help and society and state lose labor contribution of the citizen. That’s why Art.20 of Constitution of Russia allows death penalty for the most serious crimes against life as an exceptional measure of punishment (it includes Ch.2 Art 105 of Criminal Code of the Russian Federation). This article made a research of the criminal law protection of the newborn child’s life (Art.106 of the CC of RF) under mitigating circumstances and the problems of improving the criminal legislation, and realization of proposals aiming the improving of the criminal legislation will provide certainty of criminal responsibility for mothers who kill their newborn children; and also the differentiation of the criminal prosecution for women who decided to get rid of the child long before birth, and the murder itself was calmly planned act; and those women who killed their newborn children being in a traumatic situation or in a state of mental disorder not excluding sanity. The goal is to analyze the current legislation of law enforcement in the field of protection of the right to life of the newborn. The methodological basis of the article is the dialectic-materialistical method of cognition and comprehensive approach derived from it including elements of a system-information analysis. The results obtained during research are focused on practical application in the field of protection of newborn life. Application of results: the results are useful for improving the criminal legislation.
format article
author Yuri Alexandrovich Govenko
Elite Soltanovna Tabolova
author_facet Yuri Alexandrovich Govenko
Elite Soltanovna Tabolova
author_sort Yuri Alexandrovich Govenko
title CRIMINAL LEGAL PROTECTION OF LIFE OF A NEWBORN BABY
title_short CRIMINAL LEGAL PROTECTION OF LIFE OF A NEWBORN BABY
title_full CRIMINAL LEGAL PROTECTION OF LIFE OF A NEWBORN BABY
title_fullStr CRIMINAL LEGAL PROTECTION OF LIFE OF A NEWBORN BABY
title_full_unstemmed CRIMINAL LEGAL PROTECTION OF LIFE OF A NEWBORN BABY
title_sort criminal legal protection of life of a newborn baby
publisher Science and Innovation Center Publishing House
publishDate 2016
url https://doaj.org/article/b21d2b8637a34c5f9ac7730a16d1f8de
work_keys_str_mv AT yurialexandrovichgovenko criminallegalprotectionoflifeofanewbornbaby
AT elitesoltanovnatabolova criminallegalprotectionoflifeofanewbornbaby
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