Some issues of establishing the subjective features of the crime “illegal abortion” (Article 134 of the Criminal Code of Ukraine)

The research paper examines subjective features of the crime related to illegal abortion provided for in Art. 134 of the Criminal Code of Ukraine. The authors focus on the problems of qualification of the subject of this offense, in particular, a person without special medical education who is not authorized by law to perform artificial abortion operations. The foreign experience of criminal-legal assessment of illegal abortion is partially highlighted. An analysis is provided regarding the relationship between illegal abortion and infliction of serious bodily harm, which can also lead to termination of pregnancy, but is subject to a different legal qualification. Some elements of the subjective side of the crime are also analyzed, in particular, the optional purpose and motive of the person who commits the offense, as well as manifestations of negligence in medical practice. Particular attention is paid to the issue of distinguishing between intentional actions and medical (medical) errors arising from professional negligence or lack of proper training. A scientific understanding of the medical error committed during the abortion, which led to a long-term health disorder, infertility or death of the victim (part 3 of article 134 of the Criminal Code of Ukraine) is offered. It is shown that this error can be caused by one or more objective or subjective factors that have been officially established and recorded in due process. The work gives examples of the practical application of criminal legislation, in particular, cases of illegal abortion due to selfish motives. It describes what goal the offender sets and what motivation is guided by the offender during an illegal abortion. The need to improve the provisions of criminal and medical legislation, which regulate the procedure for carrying out abortion operations, and also ensure the protection of women’s reproductive rights, is emphasized. In particular, it is prospectively important to review the criminal liability of medical professionals who perform abortions in violation of medical protocols. In the mode of searching for ways to improve the text of Art. 134 of the Criminal Code of Ukraine proposed the author’s version of the disposition of the first part of the ban.