Identifying deficits in Ukrainian law: Forensic psychiatry misuse in proceedings of administrative offenses

Abstract

Ukraine is actively denouncing and abandoning its Soviet legacy, with the legal process of decommunization being at the forefront of this process.11Two bills from 2015 regulate the process of decommunization: ‘On denouncing the Communist and the National-Socialist (Nazi) totalitarian regimes in Ukraine and banning the propaganda of their symbols’ and ‘On access to archives of repressive bodies of the Communist totalitarian regime of 1917–1991’ However, despite Ukraine's ongoing judiciary reformation process amplified by the signing of the Association Agreement between Ukraine and the European Union, Ukraine's legal system still contains inherited Soviet legal deficiencies that allow for human rights violations. Some of the most glaring deficiencies relate to the rules and regulations for assigning and conducting forensic psychiatric examinations in cases of administrative offenses.With an aim to aid Ukraine in eliminating present legal deficiencies that allow for violations of human rights, here we discuss current definitions, rules, and regulations concerning appointment and execution of forensic psychiatric examinations in cases of administrative law violations. We place particular emphasis in our discussion on the European Court for Human Rights case “Zaichenko v Ukraine, No 2”, and the reform bill that followed this case. This case is an ‘in vivo’ illustration of how Ukraine's legal deficiencies have created grounds for the violation of individual human rights.Our assessment of the current rules and regulations for assigning and conducting forensic psychiatric examinations in proceedings of administrative offenses reveals that the legal deficiencies persist. The proposed reform bill is thus a highly warranted initiative, which however has several issues in its formulations and fails to address a few of the worst existing deficiencies. Ukraine's legislators must do further work to put through reforms that will safeguard individuals from unjustified forensic psychiatric examinations.