Details

Autor(en) / Beteiligte

• Yukhno, A
• Hlobenko, H
• Fomina, T
• Denysova, A
• Rudoi, K

Titel

PROBLEMS OF ENSURING AND IMPLEMENTING THE RIGHTS OF MENTALLY DISTURBED PEOPLE WITHIN CRIMINAL PROCEEDINGS OF UKRAINE

Ist Teil von

• Georgian medical news, 2019-01 (286), p.90

Ort / Verlag

Georgia (Republic)

Erscheinungsjahr

2019

Link zum Volltext

Quelle

EZB Free E-Journals

Beschreibungen/Notizen

• The objective of this article is to determine the scope of the rights of mentally disturbed people while carrying out criminal proceedings. To achieve this objective, the authors have formulated the methodological complex, which included both general scientific methods and special methods of cognition. The scope of the rights of a mentally disturbed person in criminal proceedings has been determined with the help of the method of legal analysis. The statistical method was used to study the dynamics in the processes related to the investigation and submission to the court of criminal proceedings with a petition for the application of compulsory medical measures. The comparative and legal method made it possible to compare the norms of national legislation with the cases of the European Court of Human Rights on the possibility of appeal and cassation appeal of the application of compulsory medical measures. The conducted study led to the conclusion that mentally disturbed people are a special category of participants in criminal proceedings in Ukraine. These persons have the same rights as a suspect, accused and, in certain cases defined by the law exercise them through a legal representative, a defense attorney. Since the status of a legal representative is not legally defined in national legislation, the authors have offered to establish the rights and obligations of a legal representative as the main subject representing the rights and interests of a mentally disturbed person in the Criminal Procedural Code of Ukraine. The need to apply the practice of the European Court of Human Rights in Ukraine during criminal proceedings demonstrates the advisability of revising national legal provisions on the possibility of appealing and cassational appealing of compulsory medical measures by mentally disturbed people.