Fetalrights: необхідність сучасного виміру (Правове регулювання захисту прав плода: порівняльно-правовий аналіз феодального законодавства України, США та деяких країн Європи)

摘要

One of the directions of the state policy of Ukraine is the fi ght against the demographic crisis. In 2016, the population of Ukraine decreased by 176 thousand people: 583,600 dead, of which 3,000 children under the age of 1, and a total of 397,000 born alive. Thus, in Ukraine only 68 has born alive per 100 deaths. But a quarter of women in Ukraine carried out abortions, more than a third of whom have been done 2-3 times, 5% of whom have been done abortion 4 times or more. In such circumstances, the protection of the rights of the conceived but still unborn child, called “fetal rights”, becomes of paramount importance. The protection of such rights is given insufficient attention in scientific discussions, as a result of which they do not become the subject of legislative initiatives. Some researches and publications in Ukraine are limited to the issues of the time when the right to life, the moment of the legal personality of a conceived but still unborn child, the protection of its property rights and the consideration of such rights in the context of the mother`s right to abortion, is raised. But there are no systematic studies of this issue. The purpose of the study is to justify the necessity of systematic changes in the legislation of Ukraine and ensure the formation of fetal legislation, taking into account the successful practice of other states. The legislation of Ukraine practically does not protect the rights of the conceived but still unborn child. Legislative rules are reduced to the definition of the concept of the future child's parents in the case of reproductive conception, the right to inheritance, terms of abortion. Instead, fetal legislation acts as a set of legislative norms on the protection of the rights of the conceived but still unborn child in the countries of Europe and the United States. Such legislation is an example for the introduction of fetal rights into the legislation of Ukraine. The article analyzes fetal legislation in the United States, Hungary and Ireland. The study substantiates the need for the introduction of fetal rights into Ukrainian legislation, while the Irish model, where the right to live an unborn child is recognized, taking into account the equal right to life of her mother, is determined to be the most acceptable to follow.