Problematic issues of exercise of the right to euthanasia through the prism of inheritance law

Abstract

The article highlights the problematic issues of the right to euthanasia in the context of inheritance. The legislation of foreign countries (in particular, the USA, Germany, Israel, the Netherlands, Canada) on the possibility of drawing up a «living will» and/ or a request for euthanasia is analyzed. Attention is drawn to the opposing positions of scientists, who argue both «for» and «against» the possibility of expressing the wish of a person to make a «living will» and a request for euthanasia.Practical aspects that are obstacles to the realization of a person's right to euthanasia are studied. The need for the existence of an appropriate mechanism (procedure) that would defend the interests of such a person and minimize the influence of potential heirs and medical staff on the implementation of his conscious and voluntary expression of wish regarding euthanasia is pointed out. Attention is drawn to the fact that such a mechanism requires a lack of interest on the part of both witnesses (involved in drawing up a will or a request for euthanasia) and medical staff (taking into account their possible personal interest or influence primarily from relatives) and the need for detailed and consistent regulation of the euthanasia decision-making procedure.