Forensic medical aspects of the problematic issues of legal nature arising in the work of the department of forensic medical examination of corpses

Abstract

This survey article presents a review and analysis of the most pressing problematic issues of legal nature arising in the work of the department of forensic examination of corpses of medical examiner’s offices of Ukraine with reference to relevant legal documents, orders and regulations. In our opinion such topical issues causing debates are: contents of article 238 (part 4) of the Criminal Procedure Code of Ukraine, regarding the issue of when the corpse can be handed over for burying - only after performing (that is, completion) of forensic medical examination and establishment of the cause of death with drawing up the “Medical examiner’s conclusion”, or after the autopsy of the body, to whom exactly the corpse has to be handed over; to whom medical certificate of death has to be issued, taking into consideration provisions of item 2 of the “Regulations for filling out and issuance of medical death certificate”, who is to establish relatives of the deceased in compliance with the effective laws and how to understand the definition “a person who is undertaking to bury the deceased”; how to deal with the letters and inquiries pertaining to the disclosure of data obtained in the result of forensic medical examination sent to the bureau’s address by the “not judicial-investigative authorities”, presence or absence of legal documents, regulating actions of the medical examiner connected with the procedure of performance (or non-performance) of forensic medical examination of corpses of the nationals of foreign countries. At the same time conclusions have been made from this article pertaining to the vision of the ways for resolving the presented problematic issues in order to make easier, improve and optimize functioning of the department of forensic examination of corpses.
 The main legal document the most often referred to in the work of the department of forensic examination of corpses is the Code of Criminal Procedure of Ukraine (with amendments made in accordance with the Law #5076-VI of 05.07.2012) that brought in new requirements and innovations in the work of forensic medical service of Ukraine. It should be noted, that in this legal document we have found 19 articles that deal directly or indirectly with the work of doctors medical examiners. Aside from this document we must also take into consideration the following effective legislative acts: “Regulations for filling out and issuance of medical death certificate (Form #106/o)”, approved on the order of the Ministry of Public Health of Ukraine #545 of 08.08.2006; “The procedure of carrying out investigation and registration of casualties, occupational diseases and industrial accidents”, approved by the Decree of the Cabinet of Ministers of Ukraine #1232 of 30.11.2011; the Law of Ukraine “On advocacy and legal practice”, the Law of Ukraine “On burial and undertakers’ business”.
 Conclusions: to improve the quality of work of the department of forensic medical examination of corpses in particular and forensic medical service in general, to avoid and bring down to the minimum the problems of legal nature arising in practical work of doctors-medical examiners it is necessary, in our opinion, to resolve the following problematic issues:
 
 To provide explanation of contents of article 238 (part 4) of the Code of Criminal Procedure of Ukraine in the part stating, that “the corpse can be handed over … only after performing forensic medical examination and establishing the cause of death”.
 Solicit competent authorities to make additions or amendments to article 238 of the Code of Criminal Procedure of Ukraine binding indication of the name of person to whom the corpse can be handed over from the morgue for
 To resolve the problem of responding to the inquiries from various enterprises, establishments and organizations requesting to provide results of the performed forensic medical examination of corpses, copies of the conclusions of expert examination taking into consideration provisions of article 69 (part 5) and article 222 (parts 1, 2) of the Code of Criminal Procedure of Ukraine.
 Resolve the problem of legal aspects of performing forensic medical examination of corpses of foreign