Temporary Access to Documents Containing Medical Secrecy (Criminal Procedural Aspect)
The relevance of the issue under research is due to the fact that the investigation of certain types of crimes is not possible without studying documents that contain information that may constitute medical secrecy. That is why, the procedure for temporary access to documents containing information...
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| Format: | Article |
| Language: | English |
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Kharkiv National University of Internal Affairs
2020-02-01
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| Series: | Law and Safety |
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| Online Access: | http://pb.univd.edu.ua/index.php/PB/article/view/339 |
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| author | S. Y. Ablamskyi V. V. Romaniuk |
| author_facet | S. Y. Ablamskyi V. V. Romaniuk |
| author_sort | S. Y. Ablamskyi |
| collection | DOAJ |
| description | The relevance of the issue under research is due to the fact that the investigation of certain types of crimes is not possible without studying documents that contain information that may constitute medical secrecy. That is why, the procedure for temporary access to documents containing information that may constitute medical secrecy should be provided at the legislative level in order to ensure their protection.
While writing this research, the author has used a set of methods applied in legal science. With the help of comparative and legal, formal and legal methods, the author has analyzed provisions of the current legislation of Ukraine, which regulate the procedure for protecting medical secrecy and access to documents that may contain such information. The search and bibliographic method provided a search for literature sources on the issue under research, which provided the definition of access to information containing medical secrecy.
The legal basis for the protection of information that may constitute medical secrecy has been clarified. Legislative provisions, which provide the peculiarities of access to documents containing information that may constitute medical secrecy, have been singled out and analyzed. It has been argued that the evidence collected in violation of the procedure of such a measure to ensure criminal proceedings is inadmissible, so can not be taken into account by the court in the future. Particular attention has been paid to the fact that the seizure of documents containing information that may constitute medical secrecy should be carried out only through the temporary access to them. In order to eliminate legislative gaps within the issue under research, it has been offered to make appropriate amendments and alterations to the current legislation. |
| format | Article |
| id | doaj-art-a57a7b0d53d746a4a0b9d386e7a1ba00 |
| institution | Kabale University |
| issn | 1727-1584 2617-2933 |
| language | English |
| publishDate | 2020-02-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Law and Safety |
| spelling | doaj-art-a57a7b0d53d746a4a0b9d386e7a1ba002025-02-02T06:18:49ZengKharkiv National University of Internal AffairsLaw and Safety1727-15842617-29332020-02-0176117217810.32631/pb.2020.1.25339Temporary Access to Documents Containing Medical Secrecy (Criminal Procedural Aspect)S. Y. Ablamskyi0V. V. Romaniuk1Kharkiv National University of Internal AffairsKharkiv National University of Internal AffairsThe relevance of the issue under research is due to the fact that the investigation of certain types of crimes is not possible without studying documents that contain information that may constitute medical secrecy. That is why, the procedure for temporary access to documents containing information that may constitute medical secrecy should be provided at the legislative level in order to ensure their protection. While writing this research, the author has used a set of methods applied in legal science. With the help of comparative and legal, formal and legal methods, the author has analyzed provisions of the current legislation of Ukraine, which regulate the procedure for protecting medical secrecy and access to documents that may contain such information. The search and bibliographic method provided a search for literature sources on the issue under research, which provided the definition of access to information containing medical secrecy. The legal basis for the protection of information that may constitute medical secrecy has been clarified. Legislative provisions, which provide the peculiarities of access to documents containing information that may constitute medical secrecy, have been singled out and analyzed. It has been argued that the evidence collected in violation of the procedure of such a measure to ensure criminal proceedings is inadmissible, so can not be taken into account by the court in the future. Particular attention has been paid to the fact that the seizure of documents containing information that may constitute medical secrecy should be carried out only through the temporary access to them. In order to eliminate legislative gaps within the issue under research, it has been offered to make appropriate amendments and alterations to the current legislation.http://pb.univd.edu.ua/index.php/PB/article/view/339medical secrecylegally protected secrettemporary access to items and documentscollection of evidence |
| spellingShingle | S. Y. Ablamskyi V. V. Romaniuk Temporary Access to Documents Containing Medical Secrecy (Criminal Procedural Aspect) Law and Safety medical secrecy legally protected secret temporary access to items and documents collection of evidence |
| title | Temporary Access to Documents Containing Medical Secrecy (Criminal Procedural Aspect) |
| title_full | Temporary Access to Documents Containing Medical Secrecy (Criminal Procedural Aspect) |
| title_fullStr | Temporary Access to Documents Containing Medical Secrecy (Criminal Procedural Aspect) |
| title_full_unstemmed | Temporary Access to Documents Containing Medical Secrecy (Criminal Procedural Aspect) |
| title_short | Temporary Access to Documents Containing Medical Secrecy (Criminal Procedural Aspect) |
| title_sort | temporary access to documents containing medical secrecy criminal procedural aspect |
| topic | medical secrecy legally protected secret temporary access to items and documents collection of evidence |
| url | http://pb.univd.edu.ua/index.php/PB/article/view/339 |
| work_keys_str_mv | AT syablamskyi temporaryaccesstodocumentscontainingmedicalsecrecycriminalproceduralaspect AT vvromaniuk temporaryaccesstodocumentscontainingmedicalsecrecycriminalproceduralaspect |