Russian Federation
In article is attempted to consider the doctrinal views on the qualification of an assault that caused the death of an allegedly pregnant woman and to make a proposal to resolve this problem. The dialectical method in combination with instrumental methods of cognition is used as the methodological basis of this study. Studying this problem, it is established that the variant of the qualification of the murder of an allegedly pregnant woman with an error in her physiological properties, proposed by representatives of the objective approach, and confirmed by the materials of judicial practice of the Supreme Court of the Russian Federation is more preferable. The qualification of the murder of an allegedly pregnant woman in the form of an attempt on the life of an obviously pregnant woman, as well as a set of crimes on various grounds specified in this article is criticized. It is shown that the variant of the qualification of an allegedly pregnant woman in the form of a set of crimes developed by representatives of the objectively- subjective direction, causes a number of unsolvable problems. Thus, in order to carry out an adequate criminal legal assessment of the actions of the perpetrator who encroached on the life of a woman in the presence of a subjective error in her physiological properties, it is necessary that the Plenum of the Supreme Court of the Russian Federation give an explanation about the qualification of murder according to paragraph “g” of Part 2 of Article 105 of the Criminal Code.
an imaginary pregnant woman, doctrinal approaches to qualification, the difference between completed and unfinished encroachment on the life of an imaginary pregnant woman
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