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  • Title: [THE LEGAL STATUS OF A PSYCHIATRIC EXPERT DURING A FORENSIC PSYCHIATRIC EXPERTISE].
    Author: Kravchuk O, Nalutsyshyn V, Balan M, Osmolian V, Dombrovska E.
    Journal: Georgian Med News; 2021 Oct; (319):152-160. PubMed ID: 34749342.
    Abstract:
    The purpose of the article is to determine the feasibility and necessity of the mandatory participation of a psychiatrist in the conduct of a forensic psychiatric examination under the legislation of Ukraine and Georgia. The task is to outline the ways of improving the norms of the criminal law of both countries in the legal and medical spheres based on the analysis of the norms of the Criminal Procedure Code of Ukraine and the Criminal Procedure Code of Georgia. It has been established that the constitutional provision of the right to human health (in particular the researched one) 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 carried out in the article revealed the imperfection of concepts and terms, methods and methods of implementing the norms that should reflect the specified right. The authors of the article found that the main problem of realizing the human right to full legal and medical protection in the conduct of forensic psychiatric examination, as well as in the exercise of the rights and duties of an expert psychiatrist, is the lack of a clear procedure for the participation of a doctor in the conduct of judicial and investigative actions. Scientific research has established that the Criminal Procedure Code of Ukraine, the Criminal Procedure Code of Georgia and methodological recommendations regarding the participation of a psychiatrist in carrying out procedural measures to collect evidence in the commission of a crime have common features, wording and requirements. The authors of the article revealed that the requirements of international legal norms and a certain specificity of the situation for conducting a forensic psychiatric examination dictate the need to amend the criminal procedural legislation of Ukraine and Georgia. Changes in the legislation of these countries should be aimed at a clearer formulation of the basic concepts and terms of the doctor's participation in the conduct of judicial and investigative actions. These new norms of the law will act as a guarantee for the realization of the right to health, meet the basic international principles and requirements in the field of health care and law.
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