Legal Regulation of the Right to Life Expectancy: Current Situation in Ukraine and the Federal Republic of Germany

The article analyzes the stages of prenatal human development, scientific approaches to understanding the legal nature of the embryo and fetus, identifies the grounds and limits of the limitations on the right to an expected life. The legal and moral aspects of prenatal human development, the system of regulatory and institutional guarantees in Ukraine and Germany are considered. The right of every person to be born is one of the fundamental natural human rights as well as an element of the constitutional right to life. The specificity of the realization of this right lies in the fact that, in order for the embryo to begin with a fruit, and eventually a person, has acquired legal capacity, the consent of his future mother is required. Thus, the realization of the right to a still unborn child depends on the subjective desire of the woman to leave the child or to interrupt the pregnancy. From the moment of the conceiving of the child, the human embryo has all the characteristics of the human individual, while throughout the fetal development of the new human body cannot be considered part of the mother's body, it is genetically different from the mother and bodily independently. Moreover, one cannot consider the embryo as an object, for which there may be a relationship of property character. The right to future life requires a high level of protection and guarantees from the Ukrainian state. It is advisable to take over the experience of the Federal Republic of Germany in the field of human rights protection, where the protection of even the early forms of a child's life was protected at the legislative level, and to consolidate the right to protect the life of the future child to the mother as an independent legal interest throughout the pregnancy. This protection should have the advantage over the right of women to self-determination. We propose to establish the mechanism of such guarantee in the special Law of Ukraine "On Guaranteeing and Protecting the Right to Expected Life in Ukraine", and also consider it necessary to consolidate in the Constitution of Ukraine the provision that human life is worthy of protection even before birth