( U=340.63 )

ББК Р61/64 + Х629.341.312 + Х629.7 + Х897
РУБ DOI: 10.36740/WLek201912231

Аннотация: Introduction: The study of the international standards of compulsory medical measures’ (CMM) application to persons who have committed socially dangerous acts is relevant problematics of medical law. The aim: of the research is to define international standards for the implementation of CMM, as well as assessing the state of their implementation in Ukrainian law and medical practice. Materials and methods: The study is based on international acts, ECHR decisions, legislation of Ukraine and foreign countries, scientific articles in the fields of law and psychiatry as well as empirical materials that illustrate application of CMM in Ukraine. Dialectical, comparative-legal, statistical, induction and deduction, legal modeling, sociological research were used in this research. Conclusions: As a result of the research the concept of the international standards of CMM application is defined, their scope in the law-enforcement and medical practice of Ukraine is determined, the system and meaning of these standards are formulated.

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Tyshchenko, O. I..
Placement of a person in a medical institution in order to conduct a psychiatric examination: international standards and national realities [Текст] / O. I. Tyshchenko, I. A. Titko // Wiadomosci lekarskie. - 2020. - Vol. 74, Issue:9, cz. 2. - P. 2020-2025
Перевод заглавия: Помещение лица в медицинское учреждение для проведения психиатрической экспертизы: международные стандарты и национальные реалии

УДК

ББК Х897 + Х629.7
РУБ DOI: 10.36740/WLek202009224 + PubMed:33148853

Аннотация: 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.). RESULTS: Results: According to the research results: a) legal positions of the ECHR on the observance of the rights of persons suffering from mental disorders are identified and generalized; b) the compliance level of modern practice of placing a person in a medical institution in order to conduct the FPE with international standards and legal positions of the ECHR in terms of ensuring the right to liberty and security of person ( 1 of Article 5 of the Convention); c) the degree of extrapolation of these positions to the activities of psychiatrists is analyzed; d) the optimal ways of solving the existing problems in the aspect of ensuring the rights of a person when placing them in a medical institution for an inpatient FPE are proposed. CONCLUSION: Conclusions: The current national practice of placing a person in a medical institution for an inpatient FPE does not fully comply with the legal positions of the ECHR in terms of ensuring the right to liberty and security of person (in particular, there are deviations from the positions of the ECHR on: determining the documentary basis for the appointment of an inpatient FPE; interaction of police and medical workers in the field of psychiatry during the detention of a person with a mental disorder). Keywords

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Kaija, S. .
Medical and procedural-legal aspects of inpatient and outpatient forensic psychiatric examination [Текст] / S. Kaija, I. Kudeikina, N. Gutorova // Wiadomosci lekarskie. - 2020. - Vol. 73, Issue:7. - P. 1533-1538
Перевод заглавия: Медицинские и процессуально-правовые аспекты стационарной и амбулаторной судебно-психиатрической экспертизы

УДК

ББК Х629.341.312

Аннотация: OBJECTIVE: The aim: The aim of the study is to define the legal framework of forensic psychiatric examination commissioned by the court in relation to the competence of medical practitioners and the position of the subject as a patient in the process of forensic psychiatric examination in order to determine the correlation of special legal regulation with criminal and civil procedure regulation and to make proposals for the enhancement of the legal regulation. PATIENTS AND METHODS: Materials and methods: This study is based on the analysis of international law, medical civil procedure and criminal procedure legislation, juridical practice, medical law legal doctrine. The following methods were used in this research: the method of interpretation of legal norms, analysis of legal acts, and the induction-deduction method, upon which the conclusions were drawn and recommendations were provided. CONCLUSION: Conclusion: The current regulatory framework does not provide for the procedure by which the subject's medical treatment is conducted during forensic psychiatric examination, nor does it determine the criteria for the admissibility of treatment of the persons concerned and the extent of treatment. During the examination, the medical practitioner who is in the expert's procedural position in relation to the subject under examination in the particular examination should not carry out the treatment of the subject.

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Kudeikina, I. .
Legal and practical problems of use of artificial intelligence-based robots in forensic psychiatry [Текст] / I. Kudeikina, M. Loseviča, N. O. Gutorova // Wiadomosci lekarskie. - 2021. - Vol. 74, Iss.11, cz. 2. - P. 3042-3047
Перевод заглавия: Правові та практичні проблеми використання роботів на основі штучного інтелекту в судовій психіатрії

УДК

РУБ DOI: 10.36740/WLek202111231 + PMID: 35029577

Аннотация: ABSTRACT The aim: This research aims to analyze the possibilities of using artificial intelligence-based robotics in forensic psychiatry to assess the public hazard of a mentally disabled or suffering from a mental illness to improve the legal framework governing the use of compulsory medical measures. Materials and methods: This study is based on the Republic of Latvia and Ukraine’s regulatory acts and the juridical practice of the Republic of Latvia. Dialectical, comparative, analytic, synthetic, system analyses, and sociological research methods were used. Conclusions: Different automated systems, including artificial intelligence-based robotics, can and should be used in forensic psychiatry. The last one would effectively improve the process of achieving goals in forensic psychiatry and help prevent subjective errors. At the same time, the application of artificial intelligence-based robotics in forensic psychiatry requires uniform medical and legal criteria to prevent violation of human rights.

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