EVIDENCE-BASED MEDICINE AS PATIENT'S PROTECTION MEASURE IN JUDICIAL PRACTICE.

Objective: The aim: To identify the role of evidence-based medicine, its principles and approaches to patients' rights protection and the provision of medical service optimization, the skills of medical staff improvement, increasing the objectivity of court decisions in cases of non-providing quality care or death.

Patients And Methods: Materials and methods: The authors used the decisions by the European Court of Human Rights (ECtHR) on the statements of victims of unprofessional actions by doctors, international and domestic regulations on patients' rights, statistics on the results of criminal proceedings on violations of patients' rights over the past 5 years, case law of criminal and civil jurisdiction in this category of cases, the results of surveys of prosecutors, as well as the results of research by scientists in the field of medical law and criminalistics. The research is carried out on the basis of a harmonious combination of philosophical approaches, general scientific and special methods of scientific knowledge, the complex of which is chosen taking into account the goals and objectives, object and subject of research.

Independent forensic medical examination as a mean of proving the facts of a torture usage.

Objective: Introduction: In most countries detainees are often subjected to physical and mental abuse by law enforcement officials, but very rarely victims of torture can prove the guilt of these offenders due to the poor quality of findings of state forensic medical and forensic psychiatric experts and due to inconsistency of their findings with international guidelines (Istanbul Protocol). The aim: To determine the role of forensic medical examination in the investigation of torture crimes, to provide arguments for necessity to security of the victim's right to collect evidence independently, including through using of special knowledge of independent forensic medical and forensic psychiatric experts in criminal proceedings.

Patients And Methods: Materials and methods: The authors used the European Court of Human Rights (ECHR) Decisions on the complaints of the victims' torture, international and Ukrainian human rights legal acts, the results of numerous torture investigations conducted by medical and criminalistics scientists.