The dissertation at the monographic level comprehensively researches the procedural procedure of applying to the court with a request for the application of coercive measures of a medical nature.
Based on the study of the state of scientific development of the theoretical and legislative problems of the legal institution of the application of the PZMH, the following stages of its development have been determined: 1st stage - pagan-pre-Christian (VI-X centuries); 2nd stage - state-Christian, pre-scientific (X1-XV1 centuries); 3rd stage - the beginning of the formation of theory and legislation regarding non-convicts and the introduction of psychiatric hospitals (XV1-XV11 centuries); 4th stage - introduction of scientific approaches and basic legislation regarding the use of coercive measures of a medical nature (XV11-X1X art. art.); Stage 5 - modern state.
The prerequisites for the emergence and development of the legal institution of the use of coercive measures of a medical nature in different historical periods were:
1) the influence of mythological pagan Eastern Slavic beliefs about the mentally ill as punishment from the gods for not believing in them; 2) the need to isolate persons with mental illnesses and disabilities from society by keeping them in monasteries, and in the future - in specialized psychiatric treatment facilities; 3) the need for treatment of mentally ill persons, which was initially performed with prayers, folk remedies and achievements of primary medicine, and later - improved medical means on a scientific basis; 4) step-by-step development of theoretical principles, legislation and practice by state and judicial bodies regarding the concept of insanity and, as a result, a conclusion about the inexpediency of bringing mentally ill people to criminal responsibility; 5) creation and implementation of specialized prisons for convicts serving their sentences.
It was determined that the legal institution of coercive measures of a medical nature should be understood as a set of material and procedural norms and rules of forensic expertise, regulated on the basis of the general principles of criminal proceedings, which regulate the legal relationship between the state and persons recognized in the procedure prescribed by law as unreprehensible or with limited reprehensibility, who have committed socially dangerous acts actions (omissions) and in respect of which, regardless of their will, the compulsory application of treatment and rehabilitation medical measures is envisaged by a court decision with the aim of curing such persons or improving their mental state and health, preventing them from committing new acts, as well as preventive protection of others citizens from socially dangerous actions (inaction) of this category of persons.
In order to harmonize the provisions of the Law of Ukraine "On Psychiatric Care" and the Code of Criminal Procedure of Ukraine, it is proposed to amend Article 4 of the Law of Ukraine "On Psychiatric Care" and set it out in the following version: "Psychiatric care is provided on the basis of the principles of legality, humanity, respect for human and citizen rights , voluntariness, availability and in accordance with the modern level of scientific knowledge, drug treatment, the necessity and sufficiency of treatment measures, medical, psychological and social rehabilitation, provision of educational and social services, as well as during the implementation of criminal proceedings on the basis of the principles provided for in Article 7 of the Criminal Procedure of the Code of Ukraine".
It is proposed to amend Article 503 of the Criminal Procedure Code of Ukraine by supplementing it with Part 5 in the following version: "Criminal proceedings regarding the application of coercive measures of a medical nature, provided for by the Law of Ukraine on Criminal Liability, are carried out with the provision of urgency of psychiatric examination, confidentiality, necessity and adequacy of treatment measures."
It is emphasized that the subject of proof during the pre-trial investigation in criminal proceedings regarding the application of the Code of Criminal Procedure of Ukraine should be defined as the circumstances provided for by the Code of Criminal Procedure of Ukraine, which are subject to mandatory establishment by the inquirer, investigator, prosecutor, taking into account the individual characteristics of the mental state of an unconvicted or limitedly convulsable person, in connection with her committing a socially dangerous act (both at the time of its commission and afterwards).
