SPECIFIC NORMATIVE FEATURES OF THE PROCEDURAL STATUS OF THE PERSONS FOR WHOM THE USE OF COMPULSORY MEASURES OF A MEDICAL NATURE IS FORESEEN
Journal Title: Актуальні проблеми вітчизняної юриспруденції - Year 2018, Vol 1, Issue 4
Abstract
In the scientific article certain aspects of the normative specification of the procedural status of the person concerning which the application of compulsory measures of a medical nature is foreseen is considered through the prism of the scope and content of national and international legal guarantees. The author considers the problem of application of certain provisions of the criminal procedural law, regulating legal relations with regard to persons, which provides for the application of compulsory measures of medical charter. This direction is supplemented by the consideration of the notions of “procedural state”, “insanity”, “presumption of condolence”, a list of subjects for which compulsory measures of a medical nature may be applied, structural elements of “right to protection”, against persons for which application is envisaged compulsory medical measures. The article gives an analysis of the views of such researchers as S.L. Sharenko and AA Galagan, as well as international practice, in particular, the decisions of the European Court of Human Rights, adopted on the basis of the results of complaints from Ukrainian citizens regarding legal safeguards for persons compulsorily detained in a psychiatric institution, are taken into account. Particular attention is paid to the consideration of the system of national guarantees aimed at the implementation of effective criminal justice, taking into account the findings of the Supreme Court of Ukraine. On the basis of the analysis of national legislation, judicial practice, as well as the attraction of international experience on the procedural status of persons for which the use of compulsory measures of a medical nature is foreseen, the existence of a procedural limitation of the rights of insane persons and the possibility of collisions in the implementation of the norms of the national legislation have been established. The author proposes to create additional procedural guarantees for persons, which provides for the use of compulsory measures of a medical nature, by improving the legal norm of the CPC of Ukraine, which regulates the scope of the rights of individuals in the appeal and cassation appeal. This view will be interesting for professionals in the field of criminal procedure and criminal law.
Authors and Affiliations
В. В. Печко
Keywords
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- EP ID EP665418
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