CRIMINAL LIABILITY FOR MURDER BY MOTHER OF THE NEWBORN CHILD BY THE LAWS OF THE STATES OF CONTINENTAL EUROPE

Abstract

The article presents a comparative analysis of the compositions of intentional murder by the mother of her newborn child under the criminal legislation of Ukraine and the States of continental Europe. Constitutional elements and signs of structure of this crime under the Criminal Code of Ukraine are defined. Features of development of the foreign criminal legislation in the sphere of protection of life of newborn children from deliberate criminal encroachments are found out. The characteristic features of criminal law regulation of responsibility for infanticide in the countries of continental Europe, as well as specific legal and technical methods of constructing the considered norm are revealed. The theoretical provisions on the need to improve the legislation of Ukraine on criminal liability for the mother’s encroachment on the life of a newborn child in order to bring it in line with the criminal legislation of the leading European States, which abandoned the special rule on infanticide, which referred him to the privileged murders.