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  • Title: [PARTICIPATION OF A DOCTOR IN THE INTERROGATION OF A MINOR AS A MANDATORY LEGAL NORM IN THE LEGISLATION].
    Author: Osmolian V, Dombrovska E, Khorosheniuk O.
    Journal: Georgian Med News; 2021 Apr; (313):186-192. PubMed ID: 34103455.
    Abstract:
    The purpose of the article is, on the basis of a comparative legal study of the general and distinctive features of the norms of the criminal procedure legislation of Ukraine and Georgia regarding the possible participation of a doctor during the interrogation of a minor, to determine the expediency and necessity of the mandatory participation of a doctor during the interrogation of a child. Objective - on the basis of the analysis of the norms of the Criminal Procedure Code of Ukraine and the Criminal Procedure Code of Georgia, as well as taking into account the vulnerability and originality of the development of the psyche of a minor, the specifics of the implementation of pediatric methods in overcoming barriers to communication with a child, outline ways to improve the norms of criminal law in both countries in this domain. It has been established that the constitutional provision of the right to human health (in particular of a child) in Ukraine and Georgia is contained not only in the codes and medical legislation of both states, but also in a number of international legal acts that have been ratified by their parliaments. The analysis of the relevant norms revealed the imperfection of the definitions of concepts and terms, methods and methods of implementing the norms that should reflect the specified right. It has been established that the problem of realizing the child's right to full legal and medical protection during interrogation is the lack of a clear implementation in the criminal procedural norms of states of the mandatory (and not alternative - at the discretion of a government official) participation of a doctor (pediatrician, child psychiatrist) in the conduct of judicial investigative actions with a minor. It was also established that the Criminal Procedure Code of Ukraine, the Criminal Procedure Code of Georgia and methodological recommendations regarding the conduct of interrogations have common features, formulations and requirements for interrogating a minor, involving parents, teachers and doctors to objectively influence the psyche of a child in the selection of information on an incident. It was revealed that the requirements of international legal norms and psychological characteristics of the development and formation of a child's personality, the child's perception of the world around him and the events taking place in it dictate the need to amend the criminal procedural legislation of Ukraine and Georgia. These changes should be aimed at a clearer formulation of terms for the involvement and mandatory participation of a doctor in the conduct of judicial investigative actions with a minor, in particular his interrogation. Thus, these changes will act as a guarantor of the realization of the right to human (child) health; meet the basic international principles and requirements in the field of healthcare and law.
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