Publications by authors named "Oksana V Kaplina"

With the reformation of Ukrainian criminal procedural legislation and the conviction of individual scholars in the necessity of applying a methodological approach to scientific research, new ideas on the nature and procedure of criminal procedural evidence have started to emerge in the domestic scientific literature. The purpose of the paper is to distinguish scientific concepts to criminal procedural proof and substantiation of the expediency of isolation and use of the complex and systemic approach. This study of criminal procedural proof was performed using a methodological approach, the essence of which is to change the attention of the researcher from the object as such to the means and methods of their own thought.

View Article and Find Full Text PDF

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.

View Article and Find Full Text PDF

Objective: Introduction: The problem of medical errors is always relevant in medical literature and law. Meanwhile, it is understood diametrically opposite by doctors, patients, and lawyers. This has a negative impact on patients' trust in medical professionals, and sometimes leads to criminal prosecution for a so-called "medical error", which in fact is conscientious deception, not a crime, and should exclude criminal liability.

View Article and Find Full Text PDF