Issue: № 4, 2024
Doi: https://doi.org/10.37634/efp.2024.4.18
At the beginning of any search, regardless of its nature (legal, scientific, historical), a researcher faces a number of tasks, one of the most important of which is choosing the right methodology and algorithm for conducting his or her own research. That is why the beginning of a research often involves systematizing and analyzing existing research papers on a particular topic. This process helps to solve such key tasks as: a) clarifying the real state of scientific research on the outlined issue; b) determining the range of problematic issues that require their own scientific analysis. One of the key elements for the formation of scientific conclusions and recommendations on the application of coercive medical measures to persons is the scientific genesis of the subject matter. The purpose of the paper is to study the current state of scientific development of the use of compulsory medical measures. The paper uses the works of domestic scholars and materials from periodicals. To achieve the research objective, the paper uses general scientific and special research methods, namely: analysis, synthesis, comparison and generalization. The paper is devoted to highlighting the current state of development in the application of compulsory medical measures. The author identifies the scientific works which first mention the issues under study and the state of development since Ukraine’s independence. In addition, special attention is paid to the coverage by domestic scholars of research on the issues of application of compulsory medical measures. The author concludes that further scientific developments are needed to address the issues described in the paper. The need to improve the legislation on the application of compulsory medical measures is obvious, since the procedure for this type of differentiated proceedings has significant features that affect the subject matter of proof, the nature of decisions made and the procedural rules of the proceedings.
Keywords : compulsory medical measures, state of scientific research, scientific developments, mental disorder, scientific genesis
References:
1. The state of mental health of the population of Ukraine. URL: http://dspace.zsmu.edu.ua/bitstream/123456789/19647/1/s42-44.pdf. (in Ukrainian).
2. The number of patients with PTSD has almost quadrupled compared to 2021. URL: https://www.ukrinform.ua/rubric-health/3841538-kilkist-pacientiv-iz-ptsr-zrosla-majze-vcetvero-porivnano-z-2021-rokom-moz.html. (in Ukrainian).
3. January 10, 2023 - World Mental Health Day. Information sheet. Kharkiv, 2023. URL: https://sahnovshinskij.pmsd.ukr/novyny/10-zhovtnia-2023-roku-vsesvitnij-den-mentalnoho-psykhichnoho-zdorov-ia/ (in Ukrainian).
4. Sharenko S.L. Criminal Procedural Problems of Application of Compulsory Measures of Medical Character: abstract dis. … PhD in legal sciences: 12.00.09. Kharkiv, 2000. 19 p. (in Ukrainian).
5. Orlovska N. A Sanity and its Types (Comparative Analysis of Legislation of Ukraine and Other States): abstract dis. … PhD in legal sciences: 12.00.08. 2001. 20 p. (in Ukrainian).
6. Zaitsev O.V. Limited Sanity in the Criminal Law of Ukraine: abstract dis. … PhD in legal sciences: 12.00.08. Kharkiv, 2006. 20 p. (in Ukrainian).
7. Zhuk I.V. Compulsory Medical Measures and Compulsory Treatment in the Criminal Law of Ukraine: abstract dis. … PhD in legal sciences: 12.00.08. Kyiv. 2009. 20 p. (in Ukrainian).
8. Knyga M.M. Compulsory measures of medical nature as a means of crime prevention: abstract dis. … PhD in legal sciences: 12.00.08. 2009. 20 p. (in Ukrainian).
9. Pukach I.B. Procedure of criminal proceedings in cases of limited sanity of persons: abstract dis. … PhD in legal sciences: 12.00.09. Kyiv, 2011. 17 p. (in Ukrainian).
10. Teteriatnik V.M. Protection of Rights and Legal Interests of Insane and Partially Sane Persons at the Stage of Pre-trial Investigation in the Criminal Procedure of Ukraine: dis. … PhD in legal sciences: 12.00.09. 215 p. (in Ukrainian).
11. Derdiuk B.M. Proceedings against insane and partially sane persons in the courts of first instance: abstract dis. … PhD in legal sciences: 12.00.09. Odesa. 2012. 20 p. (in Ukrainian).
12. Bersh A.Y. Compulsory measures of medical nature: legal nature and types: abstract dis. … PhD in legal sciences: 12.00.08. Odesa, 2017. 21 p. (in Ukrainian).
13. Farynnyk V.I. Theoretical, Legal and Praxeological Problems of Application of Measures to Ensure Criminal Proceedings in the Criminal Procedure of Ukraine: dis. … Doctor of legal sciences. Kyiv, 2017. 565 p. (in Ukrainian).
14. Kyrychenko V.L. Criminal proceedings on the application of coercive measures of a medical nature: : abstract dis. … PhD in legal sciences: 12.00.09. Dnipro, 2020. (in Ukrainian).
15. Tkach A.V. Procedural Activity of the Prosecutor in Criminal Proceedings on the Application of Compulsory Medical Measures: : abstract dis. … PhD in legal sciences: 12.00.09. 2021. (in Ukrainian).
16. Pechko V.V. The Institute of Application of Compulsory Medical Measures in the Criminal Procedure of Ukraine: dis. … PhD in legal sciences. Mariupol, 2021. 207 p. (in Ukrainian).
17. Kozariichuk D.V. Ensuring the Rights of a Person in Criminal Proceedings for the Application of Compulsory Medical Measures: abstract dis. … PhD in legal sciences: 12.00.09. 2021. (in Ukrainian).
18. Turenko D.V. Appealing to the court with a petition for the application of compulsory medical measures: dis. … PhD in legal sciences: 081. Kharkiv, 2023. 243 p. (in Ukrainian).
19. Podliehaieva K.V. Criminal proceedings on the application of compulsory measures of a medical nature: abstract dis. … PhD in legal sciences: 12.00.09. 2023. (in Ukrainian).
20. Haievyi V.F. Participation of the prosecutor in judicial criminal proceedings on the application of compulsory medical measures. Kyiv, 2013. 48 p. (in Ukrainian).
21. Nikiforova T.I. Theory and practice of application of measures of criminal law. Khmelnytskyi, 2020. 175 p. (in Ukrainian).