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Motoryhina, M. G..
    Legal regulation of cooperation in the field of forensic medical examination in criminal proceedings between Ukraine and the Republic of Poland [Текст] / M. G. Motoryhina, Bespalko I. L., V. V. Zuiev // Wiadomosci lekarskie. - 2019. - Vol. 72, Issue:12 cz 2. - P. 2615-2619
   Перевод заглавия: Правовое регулирование сотрудничества в области судебно-медицинской экспертизы в уголовном процессе между Украиной и Республикой Польша

УДК

343.13

ББК Х629.341.311 + Х623.211.84
РУБ DOI: 10.36740/WLek201912237

Аннотация: OBJECTIVE: Introduction: The first task of forensic medical examination is to identify the actual data that can be used by health authorities when developing preventive measures of various types of injuries, poisoning, sudden death, as well as hurdles to provision of medical care to patients. The second challenge is to assist law enforcement bodies in cases related to crimes against life, health, person dignity and public health in general. In this case, there is often an urgent need to conduct forensic medical examinations with the participation of foreign experts, including the composition of joint groups. The aim: is an investigation of the procedure and grounds for the cooperation in forensic medical examinations in case of objects' examination that relate to the crimes committed in Ukraine and the Republic of Poland. PATIENTS AND METHODS: Materials and methods: nearly 300 law enforcement acts for the period of last 6 years in Ukraine were analyzed concerning the subject of the study, as well as legislation of Ukraine and Poland. The framework of research methods is including dialectical, formal-logical, systematic-structural, hermeneutical, comparative-legal and generalization ones. CONCLUSION: Conclusions: The cooperation in the field of forensic medical expertise in criminal proceedings between Ukraine and the Republic of Poland is quite formal, which does not promote the effective use of the results of experts' professional activity in Criminal proceedings.

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Tyshchenko, O. I..
    Features of application of precautionary measures for persons suffering from mental disorders: National dimension [Текст] = Особливості застосування запобіжних заходів щодо осіб, які страждають на психічні розлади: національний вимір / O. I. Tyshchenko, I. A. Titko // Journal of the National Academy of Legal Sciences of Ukraine. - 2020. - Vol. 27, Iss. 1. - P. 147-161

УДК

343.13

РУБ DOI: 10.37635/jnalsu.27(1).2020.147-161

Аннотация: The paper investigates topical issues of application of precautionary measures against persons subject to criminal proceedings for the application of compulsory psychiatric care in the context of international standards and interpretative practice of the European Court of Human Rights (ECHR). The purpose of this paper is to identify and analyse the specific features of applying precautionary measures to a person suffering from a mental disorder based on the materials of generalization of domestic law enforcement practice in criminal proceedings regarding the application of compulsory psychiatric care. Research methods are selected with consideration of the purpose, objectives, and subject of research. General scientific and special methods of scientific cognition (dialectical, statistical, comparative law, analysis, synthesis, generalization) were used in the work. The integrated use of these methods has contributed to an objective and comprehensive scientific study. Based on the analysis of the current legislation and judicial practice, the specific features of application of preventive measures in criminal proceedings regarding compulsory psychiatric care are singled out, namely: a) they are applied to a person suffering from a mental disorder; b) are selected only in criminal proceedings concerning the application of compulsory psychiatric care; c) have a specific purpose conditioned by the presence of a mental disorder from which the person suffers. The specifics of the applying the measures envisaged by Art. 508 of the Criminal Procedure Code of Ukraine (hereinafter referred to as the CPC) allowed to question the legitimacy of the legislative approach as to their allocation to the institution of precautionary measures in criminal proceedings. In particular, it was concluded that in contrast to the general purpose of application of precautionary measures stipulated by Art. 177 of the CPC (concerning the suspect, the accused, the condemned), for the purpose of applying precautionary measures envisaged by Art. 508 of the CPC (concerning a person in respect of whom the application of compulsory psychiatric care is stipulated) are: 1) prevention of risks of their possible illegal behaviour; 2) provision of qualified psychiatric care to them; 3) ensuring the person’s safety and the safety of others. In this regard, it should be noted that the position of the domestic legislator on the possibility of applying precautionary measures to persons suffering from mental disorders is subject to reasonable criticism of the legal community. The main argument in this debatable issue is that these persons cannot be subjects to which precautionary measures are applied, as the latter, according to the general rules, can be applied to clearly defined subjects of criminal proceedings - suspects, accused, and convicts.

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Vapniarchuk, V. V..
    Specific Features of Criminal Proceeding Regarding Criminal Misdemeanours [Текст] / V. V. Vapniarchuk, I. L. Bespalko, M. G. Motoryhina // Statute Law Review. - 2022 [в Scopus 2020]. - Vol. 43, Iss. 2. - P. 198-208
   Перевод заглавия: Особливості кримінального провадження у справах про кримінальні проступки

УДК

343.13

РУБ DOI: 10.1093/slr/hmaa006

Аннотация: The urgency of the problem stated in the article is conditioned by amendments to the criminal procedural legislation, which in a new way regulate the procedure of criminal proceedings concerning criminal offences. The aim of the article is to investigate the procedure for conducting criminal proceedings for criminal offences and to make suggestions for improving its regulatory framework. The basic approach to the study of this problem was to conduct a critical analysis of the rules of the current criminal procedural legislation, which regulate criminal proceedings for criminal offences, and to express views on rules' proper understanding and application. Based on the analysis of the features of the normative regulation of criminal proceedings concerning criminal offences, the publication comments on a number of norms of the current Criminal Procedure Code of Ukraine, which regulate both pre-trial investigation of criminal offences in the form of enquiries and court proceedings against them; approaches to their elimination have been proposed. The materials of the article represent both theoretical and practical values. They can be used for further scientific investigation of the features of criminal proceedings regarding criminal offences, as well as for the proper understanding and implementation of law enforcement criminal proceedings.

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