PRESUMPTION OF MENTAL HEALTH VS FORENSIC PSYCHIATRIC EXAMINATION REPORT: MEDICAL AND LEGAL ASPECT.

Objective: The aim: The aim of this work is a legal analysis of the mental health presumption and its application by judges in assessing the report of the FPE; formulation of scientifically substantiated proposals for determining the criteria for the judge's assessment of the FPE report in refuting the presumption of mental health context.

Patients And Methods: Materials and methods: The basis for the article was the results of scientific research published by representatives of different states regarding the criteria for assessing the expert's opinion as a procedural source of evidence; legislation (in the field of psychiatric care and criminal justice) of a number of European and Asian states and its implementation xperience; results of the survey of 88 judges conducted by the authors (judges of local courts of Ukraine, the survey was conducted in 2020) on key issues of ensuring the participation of a person suffering from a mental disorder in a court hearing. In this research, a complex of general and special scientific methods of cognition was used (comparative legal method, systemic-structural method, generalization method, method of analysis and synthesis, method of sociological research, method of expert assessments, etc.

MENTAL HEALTH OF A PERSON AS A CRITERION OF PERSONAL PARTICIPATION IN THE TRIAL DURING CRIMINAL PROCEEDINGS.

Objective: The aim of this work is to identify and analyze the key positions of the ECHR in the context of respect for the right to a fair trial (Article 6 of the European Convention on Human Rights (hereinafter - the Convention)) of a person suffering from mental disorders in criminal proceedings concerning the application of compulsory medical measures (hereinafter referred to as CMM); formulation of scientifically substantiated proposals for determining the restriction legality criteria of the right of a person suffering from a mental disorder to personal participation in the trial.

Patients And Methods: Materials and methods: During the preparation of the article, the following was processed: scientific research on ensuring the rights of persons suffering from mental disorders in criminal proceedings; provisions of international agreements on the provision of psychiatric care; the legal position of the ECHR on the observance of the right to a fair trial of persons suffering from mental disorders (6 decisions were analyzed in which the ECHR addressed these issues in the context of the requirements of Article 6 of the Convention); criminal procedural legislation of individual states; the results of a survey conducted by the authors of 88 judges (judges of local courts of Ukraine) on key issues of ensuring the participation of a person suffering from a mental disorder in a court hearing. In the process of research a set of general scientific and special methods of cognition was used (comparative-legal method, systemic-structural method, generalization method, method of analysis and synthesis, method of sociological research, method of expert assessments, etc.

PLACEMENT OF A PERSON IN A MEDICAL INSTITUTION IN ORDER TO CONDUCT A PSYCHIATRIC EXAMINATION: INTERNATIONAL STANDARDS AND NATIONAL REALITIES.

Objective: The aim: The aim of this work is to identify the compliance level of modern practice of placement of a person in a medical institution in order to conduct the FPE to international standards and legal positions of the ECHR in terms of ensuring the right to liberty and security of person; formulation of scientifically substantiated proposals on the synchronization directions of national practices with the specified international standards.

Patients And Methods: Materials and methods: During the preparation of the article the following was processed: scientific research on ensuring the rights of persons suffering from mental disorders in criminal proceedings; provisions of international agreements on the provision of psychiatric care; legal positions of the ECHR on the observance of persons' rights suffering from mental disorders (15 judgments on this topic); criminal procedural legislation of individual states; results of generalization of national law enforcement practice; the results of a survey conducted by the authors of 18 psychiatrists who practice in the field of forensic psychiatric examinations (psychiatrists working in state psychiatric clinics in Odesa, Poltava, Kharkiv were interviewed). In the process of research a set of general scientific and special methods of cognition was used (comparative-legal method, system-structural method, generalization method, method of analysis and synthesis, method of sociological research, method of expert assessments, etc.

Using the samples of human biological materials in the criminal procedure: the practice of the european court of human rights.

Introduction: The use of modern advances in medicine to investigate crimes has caused a number of problems that require scientific reflection. In particular, today there are quite acute questions: medical intervention without the person’s consent; forced sampling of human biological materials; clinical methods, the use of which in the biological samples taking will not be regarded as violation of international standards of human rights protection; the correlation of the need for the formation of DNA profile databases and the right of the person to non-disclosure of medical information. The aim: The aim of this work is to identify and analyze the key points of the European Court of Human Rights (hereinafter referred to as the ECHR) regarding the peculiarities of retention and use of human biological material samples in the investigation of crimes, and the retention of such materials after the completion of the investigation and trial.

European standards of respect for human rights in the application of compulsory medical measures in criminal proceedings.

Objective: Introduction: The article is devoted to the research of topical issues of ensuring the rights of persons suffering from mental disorders and who are subject to criminal proceedings on the application of compulsory medical measures (hereinafter - CMM). The research was conducted in the context of international standards and interpretative practice of the European Court of Human Rights (hereinafter referred to as the ECHR or the Court). The aim: The aim of this study is to analyze international acts concerning the protection of the rights of mentally ill persons when applying compulsory medical measures; to highlight and analyze the ECHR's key positions in the context of respect for the right to liberty and security of person (Article 5 § 1 (e) of the European Convention on Human Rights (hereinafter referred to as the Convention)) and the right to a fair trial (Article 6 of the Convention) in criminal proceedings concerning the use of CMM; to analyse the law enforcement practice and activities of psychiatrist experts on compliance with European standards for the protection of the rights of persons with mental disorders who are subject to criminal proceedings.