[THE RELEVANT ISSUES ON PROTECTING THE RIGHTS OF A PERSON IN RESPECT OF WHOM THE USE OF COMPULSORY MEASURES OF A MEDICAL CHARACTER IS INTENDED OR THEIR APPLICATION IS CONSIDERED].Georgian Med News 2019; (290):150-157GM
The aim of this manuscript is to identify the current issues relating to protecting the rights of a person in respect of whom the use of compulsory measures of a medical character is intended or their application is considered. The complex of general scientific and special methods of legal science was used to achieve the goal of the study, solve the problems and prove the results of the research. The comparative legal method was used for analyzing the criminal procedural legislation of Ukraine, other countries and the practice of the European Court of Human Rights. The systematic structural method gave an opportunity to describe an order of closing a pre-trial investigation in criminal proceedings for the application of compulsory measures of a medical character. The formal logical (dogmatic) method lies at the basis of the definitions' formation in the framework of the research's subject. The statistical method was used for summarizing and working on the statistical reports, materials of investigative and judicial practice. Special attention to this issue is due to the fact that there exists a separate category of people committed a socially harmful act, stipulated by the Ukrainian law on crimtinal responsibility, who were found legally insane, or committed a criminal offense in a state of sanity, but have caught a mental illness before sentencing. According to this fact, there are additional guarantees for the protection of the rights of such persons in the Chapter 39 of the Criminal Procedural Code of Ukraine, which are fully consistent with the international legal standards. Due to the conducted research, it has been proposed the following: firstly, to provide for mandatory participation of the legal representative of the person in respect of whom the use of compulsory measures of a medical character is intended or their application is considered at the legislative level; secondly, to change the name of the procedural document, which completes the pre-trial investigation in the criminal proceedings on the application of compulsory medical measures to the decision allowing the court to resolve the issue of the application of compulsory measures of a medical character; thirdly, to determine the content of this resolution by clearly specifying the list of information that should be contained in such resolution.