The dissertation for the scientific degree of candidate of legal sciences in specialty 12.00.09 – criminal procedure and criminalistics; forensic examination; operative and search activity. − PJSC «Higher education institution «Interregional Academy of Personnel Management». – Kyiv, 2023.
In the dissertation, a comprehensive study of the theoretical and practical problems of criminal proceedings regarding coercive medical measure application is carried out in view of the normative provisions of the current criminal procedural legislation and the theory of criminal procedural law of Ukraine. The genesis of scientific research and legislative regulation of the institution of coercive medical measure application in the criminal proceedings is determined. Scientific approaches to defining the concept and essence of criminal proceedings regarding coercive medical measure application are systematized, as well as the foreign experience is summarized. Circumstances subject to proof in criminal proceedings regarding coercive medical measure application are singled out, the procedural procedure for participation of the defense attorney and the activities of the prosecutor in such special procedure of criminal proceedings are specified. The peculiarities of the trial of such criminal proceedings are revealed.
The principles of ensuring the right to defense in criminal proceedings regarding coercive medical measure application are defined, namely: the right to professional legal assistance of a defender, whose participation does not restrict the procedural rights of the client; existence of the obligation of the investigator, prosecutor, investigating judge, court to ensure the right to defense and clarify the rights of the detained person; state guarantee of provision of free legal aid to a person in respect of whom the issue of coercive medical measure application is being decided.
An understanding of the legal nature of the protection of the rights of a person by a defender, in relation to which the issue of coercive medical measure application is being decided as a multi-level legal mechanism, which is conditioned by the presence of effective guarantees, is formulated: assessment of the circumstances of criminal proceedings; if necessary, filing a complaint about the actions, decisions and inaction of the investigator, prosecutor; filing a complaint for violation of procedural terms established by law in criminal proceedings; verification of the request for the coercive medical measure application; submission of a motion to select, change, or cancel measures to ensure criminal proceedings, to summon certain persons to court for questioning, to request certain medical documents, to conduct a trial in closed court, to review the materials of criminal proceedings; familiarization with materials of criminal proceedings; interrogation of experts and research of the conclusions formed by them.
The ways of improving the prosecutor's procedural activities in criminal proceedings regarding coercive medical measure application in terms of the implementation of his powers during the organization and procedural supervision of pre-trial investigation regarding non-judgmental person, limited liability persons (making a decision to change the order of pre-trial investigation; approval (refusal of approval, independent preparation) petition) and court proceedings regarding them (petition to the court; participation in court proceedings; proof of general and special circumstances).
It is proposed to specify the petition for coercive medical measure application in terms of providing the court with information characterizing the person in relation to whom the question of their application is being decided on the basis of the HCR-20 risk assessment (international instrument for assessing the risk of violence among mentally unstable offenders).
Keywords: coercive medical measure, criminal proceedings, pre-trial investigation, socially dangerous act, prosecutor's supervision, psychiatric examination, investigating judge, judicial proceedings, non-judgmental person, limited liability person.
