КРИМІНАЛЬНО-ПРОЦЕСУАЛЬНІ ОСОБЛИВОСТІ ЗАСТОСУВАННЯ ЗАПОБІЖНИХ ЗАХОДІВ ЩОДО ОСІБ ІЗ ПСИХІЧНИМИ РОЗЛАДАМИ

Abstract

The article is devoted to the application of preventive measures to persons with mental disorders. The article presents the views and positions of leading domestic scientists on the types of the most effective precautionary measures for persons in respect of whom proceedings on the application of coercive measures of a medical nature are considered. The article draws attention to international standards as guidelines on the path to legality and justice in the process of applying precautionary measures against insane persons. Scientific positions on the types and features of special precautionary measures that can be applied to insane persons are given. The author found that the problematic issues of application of precautionary measures against persons subject to proceedings on the application of coercive measures of a medical nature are the lack of regulations in the CPC of Ukraine or family members within the precautionary measure in the form of transfer to the care of guardians, close relatives or family members with compulsory medical supervision, as well as the lack of direct right of the person in respect of which the application of coercive measures of a medical nature is decided. appeal against a court decision on the application of a precautionary measure. To improve the legislative provision of the rights of persons subject to coercive measures of a medical nature, as well as to eliminate legislative gaps in the mechanism of application of precautionary measures against such persons, the author proposed specific regulations on the procedure of application of precautionary measures under Chapter 39 of the CPC of Ukraine. care for guardians, close relatives or family members with mandatory medical supervision; as well as placement in a psychiatric institution in conditions that exclude its dangerous behavior. The article expresses the point of view on the need to improve the legislative technique by developing sanctions against persons responsible for the implementation of precautionary measures against insane persons.