Compulsory Measures Research Articles

DIFFICULTIES IN THE TREATMENT OF ADDICTS WITH THE COMPULSORY TREATMENTS

Aimof this study was to present data on addicts with the imposed protective measure of compulsory treatment of addition that were sent to the Institute for Addiction Diseases for the period 2014-2020. The study compares artsof law violation, art of addiction as well as duration of the protective measure of compulsory treatment.Out of 61 patients, 59 (96 %) were males and 2 (4%) females. The only reason for compulsory treatment for all of them was domestic violence. Out of 61 patients 41 (67%) underwent compulsory treatment due to use of psycho-active compounds (PAS) and 20 (33%) due to use of alcohol. Incidence of alcohol or PAS was statistically significant higher in males than in females (19 vs 1, p<0.001; 40 vs 1, p<0.001, respectively). Duration of the treatment was significantly longer in patients who used PAS than in those who used alcohol (10.29 vs 7.4 months; p<0.05). There was not statistically difference between duration ofthe treatment in males and females (9.36 vs 9.00 months; p>0.05). Incidence of the compulsory measures was significantly higher in 2018, 2019 and 2020 than in 2014, 2015 and 2016 (p<0.001). In all analyzed years, except 2015, incidence of the mandatory measureswas significantly higher in patients who misused PAS than who misused alcohol. The most common difficulties are:lowmotivational capacity,inadequate way of thinking, inadequateway of behaving with the adoption of new models and, ultimately, inadequate independent functioning. Keywords: addiction, compulsory treatment, violation of the law, criminal behaviour.

МИГРАЦИОННЫЙ РОЗЫСК ИНОСТРАННЫХ ГРАЖДАН: ВОПРОСЫ ПОНЯТИЯ И АДМИНИСТРАТИВНО-ПРАВОВОГО РЕГУЛИРОВАНИЯ

The intensification of migration processes in the modern world, threatening the national security of the state and generating an illegal flow of population migration, requires the creation of not only ad-ministrative and compulsory measures to combat this negative phenomenon, but also the formation of a scientifically based system of means of preventing illegal migration. This circumstance, accord-ing to the authors, actualizes the need for the formation of an administrative-legal institution of migra-tion search for illegal migrants within the framework of migration law as a sub-branch of Russian administrative law.
 In the presented scientific research, the authors consider one of the areas of preventing and pre-venting illegal migration in the Russian Federation, which is being formed as part of the ongoing re-form of modern Russian migration legislation - the implementation of migration search for illegal mi-grants. Based on an analysis of the theoretical provisions of the doctrine of human search, the au-thors offer their vision of the concept and essence of public search as a complex intersectoral institution, justify the need to introduce a special administrative and legal type of such search - migration search for illegal migrants. The concept of administrative-legal regulation of the implementation of migration search and the formation within the framework of migration law as a sub-branch of administrative law of the institution of migration search is proposed. This type of public search, according to the authors, is an administrative precautionary and preventive measure of administrative coercion, used by officials authorized in the field of migration, and should be carried out in administrative procedural forms determined by law.

Smart Mixes for Sustainable Value Chain Management: An Evaluation of the Conflict Minerals, Palm Oil, and Green Bonds Sectors.

Fragmented governance of international value chains, operating in multiple jurisdictions, is insufficient to prevent social and environmental mismanagement. Smart Mixes, which are combinations of compulsory and voluntary measures, have been proposed as a possible means of securing environmental and social standards, but the concept has not been operationalized in the academic literature. We aim to identify the factors that have contributed to, or hindered, the performance of existing Smart Mixes in three international value chains (conflict minerals, palm oil, and bonds) using data from interviews with 32 experts, supplemented by a literature review. The results suggest that Smart Mixes are effective when they cover a specific issue under conditions in which enforcement mechanisms create a level playing field: thereby aligning public and private sector interests. The keys to success in a Smart Mix include positive interactions, harmonization, and complementary and supportive measures, which combine to motivate engagement by the private sector. We conclude that Smart Mixes can contribute to sustainability in value chains but their effectiveness is dependent on the strength of the relationships between the measures that compose them.

Peculiarities of a court decision in criminal proceedings involving persons suffering from mental disorders

The article, based on the analysis of the provisions of criminal and criminal procedural law and relevant judicial practice, reveals the peculiarities of the court decision in which compulsory medical measures are applied to persons with limited criminal convictions. Such peculiarities include: the adoption of a court decision regarding defendants with limited convictions in the form of a sentence; the regulatory limitation of the variability of compulsory medical measures only by the provision of outpatient psychiatric care on a compulsory basis; inconsistency in the terms of the prescribed punishment and the use of compulsory medical measures. The latter determines the logic of the question regarding the need for the simultaneous application of two criminal-legal measures of a different nature. It is noted that the procedure for applying compulsory medical measures to persons with a limited criminal record is related to criminal proceedings regarding the application of compulsory medical measures (Chapter 39 of the CPC).In the context of the problems considered, the issue of the possibility of concluding and approving an agreement in criminal proceedings involving persons suffering from mental disorders is investigated. Both court decisions that approved such an agreement and court verdicts that refused to approve the agreement are analyzed from the point of view of argumentation. In terms of three key aspects (the subject of criminal procedural consensus; voluntariness as one of the manifestations of criminal procedural capacity; prospects for fulfilling the terms of the concluded agreement), the position is expressed regarding the expediency of enshrining at the legislative level the impossibility of concluding and approving an agreement with the participation of a suspect, an accused person who has a limited criminal record. It is proposed to extend a similar approach to the victim suffering from mental disorders and to determine that it is impossible to conclude a reconciliation agreement with their participation.

The impact of the Covid-19 pandemic restrictions on children entering and leaving care in Scotland

ObjectivesThe Covid-19 pandemic caused huge upheaval across the world, and the Scottish children’s social care sector was not exempt from this. This study explored the extent to which the Covid-19 pandemic restrictions impacted on the rate at which children and young people were entering and leaving care in Scotland.
 MethodsAnalysis was conducted on the Scottish Government’s ‘Longitudinal Looked After Children’ dataset which contains information on the care journeys of all children who were ‘looked after’ in Scotland between April 2008 and July 2021. Through a descriptive analysis, the study determined how the pandemic restrictions impacted the rates of children entering care, the rates of children leaving care, and the stability and duration of care placements at this time.
 ResultsDuring the initial year of the pandemic, there was a marked reduction in the number of children both entering (38%) and leaving (22%) care when compared to the year prior. The reduction in entries to care were less notable for infants under the age of 1 than it was for older age groups. Fewer children entered care under compulsory measures, with an increased proportion entering through ‘voluntary’ Section 25 measures. The impact on entries to care and exits from care varied substantially across local authorities in Scotland. The stability and duration of children’s placements were also impacted, with children moving placements less and staying in care for longer periods of time.
 ConclusionThe pandemic restrictions had a substantial impact on the interactions of children and young people with the ‘care system’. At a time where there is great focus on improving the experience of young people in care within Scotland, it is important that lessons are learned and implemented for future disruptive events.

OSNOVNA OBILJEŽJA KRIVIČNOG POSTUPKA PROTIV PRAVNIH LICA U BOSNI I HERCEGOVINI

The subject of this paper is the analysis of the provisions of the criminal procedural legislation of Bosnia and Herzegovina devoted to the regulation of the criminal proceedings against the legal person. The paper in question has two aims. The first aim is to cast light on the legal standing of the legal person in the criminal proceedings in the event when this subject finds itself in the role of the person against whom the criminal proceedings are being conducted. In that sense, this analysis took into consideration the unity of the criminal proceedings against the natural and the legal person, the jurisdiction as regards the legal person, the right and duties of the representative of the legal persons, the issue of the delivery and the expenses of the representative, as well the right of the legal person to the defense attorney and compulsory measures applicable against the legal persons. In this connection, by virtue of his significance for the exercise of the defense of the legal person, special attention is devoted to the role of representative of the legal person. The second aim consists in consideration of the shortcomings of the regulation of the procedural standing of the legal person subjected to the criminal procedure. The paper employed the normative and the formal dogmatic method in analyzing the particulars of its subject. The paper concluded that the legal regulation of the criminal proceedings against the legal person in Bosnia and Herzegovina is not at a satisfactory level since many issues of special significance are not included in the criminal procedure acts in force.

Offenders and non-offenders with schizophrenia spectrum disorders: the crime-preventive potential of sufficient embedment in the mental healthcare and support system.

Suffering from schizophrenia spectrum disorder (SSD) has been well-established as a risk factor for offending. However, the majority of patients with an SSD do not show aggressive or criminal behavior. Yet, there is little research on clinical key features distinguishing offender from non-offender patients. Previous results point to poorer impulse control, higher levels of excitement, tension, and hostility, and worse overall cognitive functioning in offender populations. This study aimed to detect the most indicative distinguishing clinical features between forensic and general psychiatric patients with SSD based on the course of illness and the referenced hospitalization in order to facilitate a better understanding of the relationship between violent and non-violent offenses and SSD. Our study population consisted of forensic psychiatric patients (FPPs) with a diagnosis of F2x (ICD-10) or 295.x (ICD-9) and a control group of general psychiatric patients (GPPs) with the same diagnosis, totaling 740 patients. Patients were evaluated regarding their medical (and, if applicable, criminal) history and the referenced psychiatric hospitalization. Supervised machine learning (ML) was used to exploratively evaluate predictor variables and their interplay and rank them in accordance with their discriminative power. Out of 194 possible predictor variables, the following 6 turned out to have the highest influence on the model: olanzapine equivalent at discharge from the referenced hospitalization, a history of antipsychotic prescription, a history of antidepressant, benzodiazepine or mood stabilizer prescription, medication compliance, outpatient treatment(s) in the past, and the necessity of compulsory measures. Out of the seven algorithms applied, gradient boosting emerged as the most suitable, with an AUC of 0.86 and a balanced accuracy of 77.5%. Our study aimed to identify the most influential illness-related predictors, distinguishing between FPP and GPP with SSD, thus shedding light on key differences between the two groups. To our knowledge, this is the first study to compare a homogenous sample of FPP and GPP with SSD regarding their symptom severity and course of illness using highly sophisticated statistical approaches with the possibility of evaluating the interplay of all factors at play.

The Relation Between Restriction Policies against Covid-19, Economic Growth and Mortality Rate in Society

How do mortality rate of Coronavirus Disease 2019 (COVID-19) and economic growth of countries are affected by high restrictions and compulsory measures? This study confronts this question through a comparative analysis of countries that implement high and low level of restrictions against COVID-19 in order to understand whether high levels of restrictions are better at diminishing the adverse impacts of COVID-19 on public health and economies. The results of the study indicate that countries that implement high levels of restrictions are unable to reduce mortality per 1,000 people in comparison to those implementing little compulsory measures. Furthermore, that adopt high levels of restrictions exhibit a lower average growth of quarterly Gross Domestic Product than those with low levels of restrictions. The results obtained from this study can encourage countries to craft balanced and influential restriction policies to address COVID-19 and other pandemic crises of similar nature, which reduce mortality rates while safeguarding the socioeconomic systems.

Changes in Ecosystem Service Values of Forests in Southwest China’s Karst Regions from 2001–2020

Forests, serving as crucial custodians of our planet’s ecological balance, also constitute a significant source of livelihood for humanity. Karst regions, recognized as some of the world’s most susceptible landscapes, grapple with the dual predicaments of ecological restoration and resident impoverishment. To bridge the gap between environmental and economic concerns, this manuscript employs an amalgamation of remote sensing and socio-economic methodologies to devise a comprehensive assessment framework, thereby scrutinizing the alterations in forest ecosystems from 2001 to 2020.The investigation reveals that over the past two decades, forest rehabilitation within the study area has yielded commendable outcomes, substantially mitigating various ecological dilemmas instigated by rocky desertification in this region. The forested area has increased significantly, and the ecosystem service value has more than doubled. These improvements are largely attributed to compulsory forest conservation measures, demonstrating their decisive influence. The study advocates meticulous management and conservation strategies to safeguard these unique ecosystems and ensure their sustainability. This research underscores the significance of striking a balance between maintaining ecological integrity and fostering economic development, thereby contributing to the broader discourse on sustainable forest management in vulnerable landscapes.

Households' participation in energy transition and sustained use of clean energy: Evidence from China's clean heating program

Household energy transition is a critical tool for air pollution mitigation and energy inequality reduction. The effectiveness of the transition largely relies on not only households' decision to participate but also their sustained use of clean energy after participation. However, the sustained use of clean energy has not yet received sufficient attention in policy making and in literature. This study examines China's Household Clean Heating program, which has switched millions of households' heating energy sources from coal to electricity and gas. We focus on both households' adoption and coal substitution behavior in the program. Based on the large-scale household survey conducted in rural areas of Northern China, we find that both high subsidies and compulsory measures effectively increased the household adoption rate; however, the latter did not guarantee sustained use of clean energy. We also find that In-person and repeated dissemination of program information had a better effect on involvement than passive announcements. Moreover, lower-income households were less likely to participate. Our findings suggest effective implementation approaches and supplementary measures to promote household energy transition, with fewer negative consequences for participants, particularly for the participants with lower income.

LK-IB: a hybrid framework with legal knowledge injection for compulsory measure prediction

LK-IB: a hybrid framework with legal knowledge injection for compulsory measure prediction

Containment Measures and Business Confidence in COVID Times: A Global Study

ABSTRACTIn this article, we take a global perspective to assess the impact of the exogenous COVID pandemic shock on business confidence. Through a quantitative analysis of 31 advanced and 12 emerging economies over the period from January 2018 to December 2020, we provide a novel investigation of a unique worldwide event, in contrast to the most frequent exogenous shocks, which typically have a more limited local or regional scope. We proxy business expectations with the business confidence indicator or BCI. First, we find that the containment measures for the COVID pandemic have negatively affected business confidence, with the compulsory policies having a greater negative effect on BCI than the voluntary ones. Second, we find positive spillover effects on the local BCIs from the containment measures implemented in neighboring countries. This suggests that business people are not against compulsory measures per se, but rather that they are less inclined to assume the costs of these. Third, we find that while the severity of containment measures has been greater in emerging countries, the negative impact on BCI of these containment measures has been larger in advanced economies.

Examining the Czech Presidency’s Role in the Convergence of the EU’s Energy-Climate Agenda

The Czech presidency of the Council of the EU faced a challenging term, commencing just months after Russia invaded Ukraine. Its priorities were to maintain the unity of the European bloc against Moscow, manage the energy crisis, and adhere to the ambitious climate agenda. During its term, the Czech presidency significantly improved the EU՚s energy security by promoting energy solidarity, cooperation, and reaching key agreements on issues such as the windfall tax or reduction of gas demand. Although the climate policy remained in sight, the revisions of the Renewable Energy Directive and Energy Efficiency Directive not only lacked momentum and important commitments, such as an agreement on reducing energy demand, but also strong compulsory measures. Despite the Czech presidency’s prioritization of security of supply over ambitious climate goals, its overall successful performance in both areas has contributed to aligning energy and climate policies between Western and Eastern Europe in the long term.

LEGISLATIVE BASIS AND JUDICIAL PRACTICE OF EXEMPTING MINORS FROM CRIMINAL LIABILITY UNDER ARTICLES 90, 75, 76, 76.2 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

Countering juvenile delinquency through criminal law means is one of the current tasks of Russian criminal policy at the present stage. In addition to criminal liability and sentencing, such measures include a particular and special means of exempting minors from criminal liability through compulsory educational measures. However, under the conditions laid down by criminal law, minors are also subject to general rules on exemption from criminal liability, the application of which, according to judicial statistics, is preferred by judicial practice. The purpose of this paper is to analyze the legislative regulation of exempting minors from criminal liability under special (Article 90) and general rules (Articles 75, 76, 76.2) of the Criminal Code of the Russian Federation, as well as the legal explanatory and law enforcement practice emerging in this area. The study is carried out using a set of methods: general scientific (induction, deduction, analysis, synthesis, system-structural) and specific scientific (formal legal, sociological, statistical). Results: two negative, according to the author, trends are identified, which are developing in the practice of exempting minors from criminal liability: 1) courts departure from the specialization established by the Russian Criminal Code in this area, which is manifested in the priority of applying general rules (exemption under Articles 75, 76 and 76.2 in connection with active repentance, in connection with reconciliation with the victim and with the imposition of a judicial fine) over special rule (exemption with the use of compulsory educational measures under Article 90); 2) the imposition of a judicial fine on minors, with the obligation to pay it by their parents or other legal representatives, hampers the achievement of the sectoral objective of crime prevention. The author’s options for eliminating the identified negative trends at the legislative and explanatory levels are proposed.

Impacts of the COVID-19 pandemic on the profile and preferences of urban mobility in Brazil: Challenges and opportunities

Daily commuting characteristics were highly affected by the COVID-19 pandemic, since restriction of the movement of people was one of the main preventive measures adopted. Understanding of the effects that the pandemic had on mobility is essential to help in mitigating the problems arising from this crisis, while also providing an opportunity for the implementation of sustainable policies in the post-pandemic period. Therefore, the aim of this study was to identify the impacts of the pandemic on the profile of travel behavior and mobility preferences in Brazil, using a case study of cities located in the state of Rio Grande do Sul. The data obtained from an online survey were modeled using exploratory factor analysis, resulting in the extraction of 15 main factors that explain behavioral changes in mobility due to the effects of the pandemic, as well as future perspectives. In the pandemic period, the use of private vehicles grew as the main mode of transport to the principal activity. Conversely, the use of public transport decreased drastically, due to compulsory measures taken by the health authorities to prevent the spread of the new virus. There was also greater receptivity to the adoption of active mobility, especially the bicycle, although it is necessary to provide better conditions for use of this transport mode. The findings support the development of public policies to reduce urban mobility problems and to provide guidelines for sustainable planning in the post-pandemic period.

Measuring spectators' perception toward peripheral stadium quality services after COVID-19: impact on their emotions and attendance intentions

PurposeThe perception of sport consumers on peripheral stadium-quality services (PSQS) has evolved after compulsory precautionary measures were imposed on gatherings to alleviate the spread of coronavirus. This study attempts to reassess five principal dimensions of PSQS? Stadium parking, stadium cleanliness, fan control, food services and perceived crowding? through reflecting on the COVID-19 control and prevention measures established during this pandemic. Furthermore, it aims to measure the impact of the multi-dimensional PSQS on spectators' emotions and future attendance intentions.Design/methodology/approachThe purposive sampling technique was used to collect data from spectators watching the live matches of cricket at the stadium. A total of 680 responses were collected from spectators and uploaded to the measurement model. The covariance-based structural equation modeling technique was used subsequently for analysis purposes.FindingsThe study found a positive impact of the stadium cleanliness and fan control services on spectators' happiness and excitement emotions; and a negative impact of stadium parking, stadium cleanliness, fan control and perceived crowding on their anger, anxiety and dejection emotions. The happiness and excitement emotions of the spectators induced them to visit again at the stadium. Of all the peripheral quality services, the study found only stadium cleanliness service indirectly effect spectators' revisit intentions through excitement emotion as a mediator.Research limitations/implicationsThe incorporation of the safety procedures through PSQS can reduce spectators' negative emotions especially when they face psychological fear of the pandemic. These services work as a stimulus for spectators that directly affect their organism (emotions) and indirectly affect their response (attendance intentions).Originality/valueThis study contributed to sports research by novelty evaluating sport consumers' perception of the PSQS after incorporating COVID-19 preventive measures. It empirically examines the effect PSQS on spectators' emotions and re-visits intentions.

A Spatiotemporal Solution to Control COVID-19 Transmission at the Community Scale for Returning to Normalcy: COVID-19 Symptom Onset Risk Spatiotemporal Analysis

Following the recent COVID-19 pandemic, returning to normalcy has become the primary goal of global cities. The key for returning to normalcy is to avoid affecting social and economic activities while supporting precise epidemic control. Estimation models for the spatiotemporal spread of the epidemic at the refined scale of cities that support precise epidemic control are limited. For most of 2021, Hong Kong has remained at the top of the "global normalcy index" because of its effective responses. The urban-community-scale spatiotemporal onset risk prediction model of COVID-19 symptom has been used to assist in the precise epidemic control of Hong Kong. Based on the spatiotemporal prediction models of COVID-19 symptom onset risk, the aim of this study was to develop a spatiotemporal solution to assist in precise prevention and control for returning to normalcy. Over the years 2020 and 2021, a spatiotemporal solution was proposed and applied to support the epidemic control in Hong Kong. An enhanced urban-community-scale geographic model was proposed to predict the risk of COVID-19 symptom onset by quantifying the impact of the transmission of SARS-CoV-2 variants, vaccination, and the imported case risk. The generated prediction results could be then applied to establish the onset risk predictions over the following days, the identification of high-onset-risk communities, the effectiveness analysis of response measures implemented, and the effectiveness simulation of upcoming response measures. The applications could be integrated into a web-based platform to assist the antiepidemic work. Daily predicted onset risk in 291 tertiary planning units (TPUs) of Hong Kong from January 18, 2020, to April 22, 2021, was obtained from the enhanced prediction model. The prediction accuracy in the following 7 days was over 80%. The prediction results were used to effectively assist the epidemic control of Hong Kong in the following application examples: identified communities within high-onset-risk always only accounted for 2%-25% in multiple epidemiological scenarios; effective COVID-19 response measures, such as prohibiting public gatherings of more than 4 people were found to reduce the onset risk by 16%-46%; through the effect simulation of the new compulsory testing measure, the onset risk was found to be reduced by more than 80% in 42 (14.43%) TPUs and by more than 60% in 96 (32.99%) TPUs. In summary, this solution can support sustainable and targeted pandemic responses for returning to normalcy. Faced with the situation that may coexist with SARS-CoV-2, this study can not only assist global cities in responding to the future epidemics effectively but also help to restore social and economic activities and people's normal lives.

About the compulsory measures of educational influence as a special type of exemption from criminal liability

About the compulsory measures of educational influence as a special type of exemption from criminal liability

Behandlungsvereinbarungen in der Psychiatrie – reale Praxis in einem Verbund psychiatrischer Kliniken

Joint crisis plans (JCPs) are offered in many psychiatric hospitals, but patients only rarely make use of them. To assess the rates of JCPs among inpatients of mental health hospitals and to analyze the clinical characteristics of patients who make use of aJCP. We carried out aretrospective analysis of routine data from the statistical database/basis documentation of the LVR hospital association, which consists of nine psychiatric hospitals. The basis documentation is consistent in the nine hospitals. All admissions between 2016 and 2020 were considered. We recorded the existence of aJCP, age, gender and main diagnosis at release, as well as previous hospital stays, detention under the Mental Health Act of the Federal State of NRW and experiences with compulsory measures (seclusion/restraint) in the previous 24months before index admission. Out of atotal of 117,662 inpatients 467 (0.4%) had completed aJCP. Patients with JCP were more likely to be diagnosed with schizophrenia, bipolar disorder, or emotionally unstable personality disorder. Patients with aJCP had more previous inpatient stays and they had more frequently experienced detentions and compulsory measures. However, 50% of the patients with aJCP had other diagnoses and the vast majority of them had experienced no detention or compulsory measure in the 24months preceding the first documentation of aJCP. Overall, the use of JCPs is limited. The targeted group of patients with severe mental illness and previous experience with involuntary placements and compulsory measures make use of the offer of aJCP but so do other patients as well. Additional qualitative analyses are required in order to analyze the content and objectives of JCPs in more detail.

Problematic issues of collecting evidence by the defense in criminal proceedings

The genesis, legislative enshrining in the norms of international legislation and the Constitution of Ukraine of the national process regarding the provision and implementation of the right to professional legal assistance in the criminal proceedings of Ukraine, as well as the state of the procedural mechanism for collecting evidence by the defense party, have been studied. The method of comparison has been applied with respect to the previous criminal procedural legislation of 1960 and the current Criminal Procedure Code of Ukraine of 2012 on the issues raised. At the retrospective level, existing problematic issues of the procedural mechanism for collecting and obtaining evidence by the defense at the stage of pre-trial investigation have been investigated. For this purpose, it has been clarified the powers of the defense party, including defense counsel, suspect, accused, convicted, acquitted person, person in respect of whom the use of compulsory medical or educational measures are envisaged or the issue of their use has been decided, as well as person in respect of whom the issue of extradition to a foreign state is to be considered, to collect evidence. At the same time, the scientific positions of scientists and representatives of scientific schools, the results of the existing discussion on the raised problematic and promising issues have been investigated.
 Based on the results of the research, a number of proposals and recommendations for improving theoretical and applied issues in the researched direction have been developed and proposed. Attention has been drawn to the fact that the Criminal Procedure Code of Ukraine enshrines provisions according to which the defense is granted the right to collect factual data significant for criminal proceedings, but at the same time, the procedural form of implementing this right is not fully provided for, which is the subject to legislative clarification. In the course of discussion, the suggestions of the scientists regarding the elimination of the inconsistency between the use and application of the phrase “the right to professional legal assistance”, which is enshrined in the Basic Law of Ukraine, but not implemented and used in the current Criminal Procedure Code of Ukraine and other legislative acts, have been supported. It has been proposed to eliminate the indicated inconsistencies in a legislative manner.