Issues of Legal Regulation of Applying Coercive Measures of Medical Nature in International and Legal Acts and Legislation of Certain Foreign Countries

The author has researched the main provisions of legal regulation in international and legal acts and national laws of some European Union countries and other foreign countries, where the possible application of coercive measures of a medical nature by courts, as well as decisions of the European Co...

Full description

Saved in:
Bibliographic Details
Main Author: D. V. Turenko
Format: Article
Language:English
Published: Kharkiv National University of Internal Affairs 2021-03-01
Series:Law and Safety
Subjects:
Online Access:http://pb.univd.edu.ua/index.php/PB/article/view/454
Tags: Add Tag
No Tags, Be the first to tag this record!
_version_ 1832573856402898944
author D. V. Turenko
author_facet D. V. Turenko
author_sort D. V. Turenko
collection DOAJ
description The author has researched the main provisions of legal regulation in international and legal acts and national laws of some European Union countries and other foreign countries, where the possible application of coercive measures of a medical nature by courts, as well as decisions of the European Court of Human Rights on this category of criminal proceedings are regulated. The basic provisions, norms and differences of legal regulation of the application of coercive measures of medical nature in the legislation of certain foreign countries have been established. The implementation of international legal acts into national criminal, criminal procedural and other legislation has been analyzed. Based on the results of the research, the author has formulated a number of propositions and recommendations for the introduction into the legislative technique of Ukraine. Besides, the author has studied national theoretical issues of criminal law and criminal proceedings, as well as applied issues in this area of the research within law-enforcement activities of pre-trial investigation and inquiry agencies, prosecutor’s office and, in particular, procedural commissioners of pre-trial investigation. The scientific views of individual scholars and representatives of scientific schools on the researched issues have been also considered, and the relevant author’s opinions have been expressed. The author has characterized joint law-enforcement activities, problematic issues of law enforcement agencies and psychiatric medical institutions during the pre-trial investigation of criminal proceedings of this category, problematic issues and the existing system for providing psychiatric care to insane persons, as well as certain areas of cooperation in criminal and judicial proceedings. According to the results of the study, the author has suggested a number of propositions and recommendations for improving the theory of criminal law and criminal proceedings, law-enforcement activity and current criminal and criminal procedural legislation of Ukraine.
format Article
id doaj-art-baf723bbf6db4df0bd01ee3c0d9305ed
institution Kabale University
issn 1727-1584
2617-2933
language English
publishDate 2021-03-01
publisher Kharkiv National University of Internal Affairs
record_format Article
series Law and Safety
spelling doaj-art-baf723bbf6db4df0bd01ee3c0d9305ed2025-02-02T02:48:39ZengKharkiv National University of Internal AffairsLaw and Safety1727-15842617-29332021-03-0180117317910.32631/pb.2021.1.24454Issues of Legal Regulation of Applying Coercive Measures of Medical Nature in International and Legal Acts and Legislation of Certain Foreign CountriesD. V. Turenko0Kharkiv National University of Internal AffairsThe author has researched the main provisions of legal regulation in international and legal acts and national laws of some European Union countries and other foreign countries, where the possible application of coercive measures of a medical nature by courts, as well as decisions of the European Court of Human Rights on this category of criminal proceedings are regulated. The basic provisions, norms and differences of legal regulation of the application of coercive measures of medical nature in the legislation of certain foreign countries have been established. The implementation of international legal acts into national criminal, criminal procedural and other legislation has been analyzed. Based on the results of the research, the author has formulated a number of propositions and recommendations for the introduction into the legislative technique of Ukraine. Besides, the author has studied national theoretical issues of criminal law and criminal proceedings, as well as applied issues in this area of the research within law-enforcement activities of pre-trial investigation and inquiry agencies, prosecutor’s office and, in particular, procedural commissioners of pre-trial investigation. The scientific views of individual scholars and representatives of scientific schools on the researched issues have been also considered, and the relevant author’s opinions have been expressed. The author has characterized joint law-enforcement activities, problematic issues of law enforcement agencies and psychiatric medical institutions during the pre-trial investigation of criminal proceedings of this category, problematic issues and the existing system for providing psychiatric care to insane persons, as well as certain areas of cooperation in criminal and judicial proceedings. According to the results of the study, the author has suggested a number of propositions and recommendations for improving the theory of criminal law and criminal proceedings, law-enforcement activity and current criminal and criminal procedural legislation of Ukraine.http://pb.univd.edu.ua/index.php/PB/article/view/454criminal proceedingsmental illnessinsane personcoercive measures of medical naturepsychiatric examinationtreatment as an involuntary patient
spellingShingle D. V. Turenko
Issues of Legal Regulation of Applying Coercive Measures of Medical Nature in International and Legal Acts and Legislation of Certain Foreign Countries
Law and Safety
criminal proceedings
mental illness
insane person
coercive measures of medical nature
psychiatric examination
treatment as an involuntary patient
title Issues of Legal Regulation of Applying Coercive Measures of Medical Nature in International and Legal Acts and Legislation of Certain Foreign Countries
title_full Issues of Legal Regulation of Applying Coercive Measures of Medical Nature in International and Legal Acts and Legislation of Certain Foreign Countries
title_fullStr Issues of Legal Regulation of Applying Coercive Measures of Medical Nature in International and Legal Acts and Legislation of Certain Foreign Countries
title_full_unstemmed Issues of Legal Regulation of Applying Coercive Measures of Medical Nature in International and Legal Acts and Legislation of Certain Foreign Countries
title_short Issues of Legal Regulation of Applying Coercive Measures of Medical Nature in International and Legal Acts and Legislation of Certain Foreign Countries
title_sort issues of legal regulation of applying coercive measures of medical nature in international and legal acts and legislation of certain foreign countries
topic criminal proceedings
mental illness
insane person
coercive measures of medical nature
psychiatric examination
treatment as an involuntary patient
url http://pb.univd.edu.ua/index.php/PB/article/view/454
work_keys_str_mv AT dvturenko issuesoflegalregulationofapplyingcoercivemeasuresofmedicalnatureininternationalandlegalactsandlegislationofcertainforeigncountries