ЭВТАНАЗИЯНЫ ҚҰҚЫҚТЫҚ РЕТТЕУДІҢ КЕЙБІР ХАЛЫҚАРАЛЫҚ ЖӘНЕ ҰЛТТЫҚ АСПЕКТІЛЕРІ: САЛЫСТЫРМАЛЫ-ҚҰҚЫҚТЫҚ ЗЕРТТЕУ

Abstract

This article provides a comprehensive analysis of the international and national aspects of the legal regulation of euthanasia. The relevance of the study is determined by the growing international debate concerning the right to life, human dignity, patient autonomy, and the legal limits of medical intervention, as well as by the absence of a uniform legal approach to euthanasia across different jurisdictions. Although euthanasia is prohibited by the legislation of the Republic of Kazakhstan, the expansion of foreign legal practice and emerging trends in international law highlight the need for a renewed scientific and legal assessment of this issue.

The purpose of the study is to develop scientifically grounded proposals for improving the legal regulation of euthanasia through a comparative analysis of international experience, the approaches of international organizations, and the legislation of the Republic of Kazakhstan.

The study demonstrates that euthanasia is a multidisciplinary issue that should be examined not only from the perspective of criminal law but also within the frameworks of international law, medical law, sociology, bioethics, and religious studies. A review of the academic literature reveals the existence of fundamentally opposing views regarding the legalization of euthanasia.

To achieve the research objective, the article reviews the legislation and judicial practice of foreign states, demonstrating a gradual increase in the number of countries legalizing various forms of euthanasia. At the same time, the analysis of international legal instruments indicates that most international organizations continue to oppose the legalization of euthanasia, giving priority to the protection of the fundamental human right to life.

The study clarifies the legal content of the concepts of the right to life and the right to die. Although legal scholarship has not yet established a universally accepted definition of the right to die, the article substantiates its existence as an independent legal concept. Furthermore, it proposes a system of physicians' rights and obligations in the event of possible legalization of euthanasia and identifies the common legal characteristics of mercy killing committed both by medical professionals and by private individuals acting out of compassion.