Court Sentences Research Articles

Observance of Due Process Rights in Capital Offence Trials: Assessing Nigeria through the Lens of International Instruments.

Observance of Due Process Rights in Capital Offence Trials: Assessing Nigeria through the Lens of International Instruments. Emmanuel Olugbenga Akingbehin Abstract The trial rights of a capital offender range from arraignment to sentencing. Section 33 of the Constitution of the Federal Republic of Nigeria 1999, authorizes a deprivation of life, if the execution is of a sentence of court, in respect of criminal offence, for which such person has been found guilty. The Criminal Justice Administration Act and the Nigerian Constitution, inter alia make provisions for the various safeguards aimed at protecting citizen‟s rights in ensuring due process in trial procedures, including the execution of death sentences. Also, the U.N ECOSOC has encouraged UN member states, in which death penalty has not yet been abolished to ensure that a defendant facing a possible death sentence is given all guarantees to ensure a fair trial. However, this research work has found that many capital offence trials in Nigeria have fallen short of international standards of fair trial. This paper is therefore aimed at analyzing the extent of compliance or otherwise, of the various stakeholders in the Nigerian criminal justice system, with the international due process requirements, in the legal processing of a capital offender at the trial stage. The paper, which is divided into six parts, delved on the analysis of fair hearing and trial within a reasonable time in the public before a court or tribunal. The author also appraised capital offender‟s rights to presumption of innocence, adequate time and facility to prepare defence and mandatory legal representation. The author made his findings and proffered appropriate recommendations. Full Text: PDF DOI: 10.15640/jlcj.v9n1a4

The rule of law as a leading principle of administrative judiciary

The article analyzes the essence and content of the principle of the rule of law as the leading principle of administrative proceedings. The normative consolidation of the principle of the rule of law in Ukraine testifies to the harmonization of the national legal system with the European legal doctrine. Attention is drawn to the etymology of the rule of law , it’s and noted the lack of clear, accurate and single scientific expression and the existence of a unanimous doctrinal position to clarify its essence. The meaning of the concept of « rule of law » is studied on the basis of the provisions of encyclopedic literature, where it’s ed emphasis is on the rule of law in the state, and the priority of human rights. The scientific positions on understanding the principle of the rule of law in administrative proceedings are analyzed. It is noted that the comprehensive implementation of the rule of law in practice is ensured in numerous court sentences made by domestic administrative courts in view of the provisions and case law of the European Court of Human Rights. It is proved that for administrative proceedings the main element of the principle of the rule of law is the responsibility of the state to carry out its activities, identify ways of further development in accordance with the priority of human rights and freedoms and provide guarantees for their implementation. It is established that the activity of state institutions should be subordinated to the needs of realization and protection of human rights. It is argued that in modern conditions the main functions of the administrative court should be law enforcement and human rights, and its main tasks are to ensure the realization of rights, freedoms and legitimate interests of a person and a citizen, protection and restoration of violated rights. It is substantiated that a person, his rights and interests become the main objects of protection, and the task of the administrative court is to protect human and civil rights in case of violation by executive authorities, local governments, their officials and officials. It is determined that the principle of the rule of law is a set of principles, provisions, ideas and requirements based on the natural rights of the individual and his autonomy in relation to the state. The implementation of these requirements should be reflected in the activities of all branches of government, including the judiciary.

ОСОБЕННОСТИ ПРАВОПРИМЕНИТЕЛЬНОЙ ПРАКТИКИ РАССМОТРЕНИЯ АДМИНИСТРАТИВНЫХ ИСКОВЫХ ЗАЯВЛЕНИЙ ОБ УСТАНОВЛЕНИИ ВРЕМЕННОГО ОГРАНИЧЕНИЯ В ПОЛЬЗОВАНИИ СПЕЦИАЛЬНЫМ ПРАВОМ

In this article, the problem of compulsory enforcement of the court judgments in cases of administrative offenses in the field of road safety against debtors, both physical entities and private entrepreneurs, is discussed. In accordance with the existing law “On enforcement proceedings”, there are several ways to forcibly claim fines for traffic violations. One of them is withdrawing money from the debtor’s account, which is prompt and most effective. It assumes arranging periodic payments from the debtor’s account and other income. Nevertheless, it is often impossible to recover such receivables from persons evading the enforcement of the administrative court sentence. To prevent this negative phenomenon, a temporary restriction on the exercise of the special right can be used, i.e., suspending the special right to drive vehicles until the full compliance with the executive document is achieved or the grounds for cancellation of this restriction appear. Here, the mechanism of this procedure is discussed in detail and can be defined as the most effective tool for the execution of certain enforcement documents

О СУЩНОСТНЫХ СВОЙСТВАХ ПРИГОВОРА

The article analyzes the features of the court sentence, which the science of criminal pro-cedure law traditionally defines as its external properties. The authors justify that such traits of the sentence as exclusivity, obligatory, verity and prejudicialness should be understood not as external, but as essential properties of the sentence. This is explained by the fact that the sentence as an individual act of a sub-regulatory regulation is an additional element of the legal criminal and criminal procedure regulation mechanisms, strengthening their impact on public relations. In this regard, the sentence a priori, regardless of the law-realization activities of the court, must have the properties of exclusivity, generally binding nature, verity and prejudi-cialness, because otherwise, the legal regulation will not achieve its purpose. This is the point of the sentence coming into force, and therefore, in the state of the final law enforcement decision, which means a certain resolution of the criminal dispute. The onset of the mentioned legal condition is associated with the launching of the principle of legal certainty, which ap-plies to the sentence only if there are such properties as exclusivity, generally binding nature, stability (irrevocability, cogency, invariability, and steadfastness), verity and prejudicialness. Prejudicialness and the related presumption of truth are not characteristic of any court deci-sion, but only the sentence, as they are based on the legal reliability of the court's conclusions, which is ensured by the course and the result of the trial, which includes the proof in the judi-cial investigation. Therefore, legal reliability is inherent only in the court's findings obtained during the trial, which is conducted in general order - without exemption from traditional fact-establishment procedures. In the case of the sentence, it should be a degree of legal reliability that allows it to be confirmed externally in the sentence by a legal symbol, i.e. the indication that it is ruled in the name of the Russian Federation. It is substantiated that the sentences, which were ruled in a special order, are illogical to confer on the property of stability because of the lack of legal reliability, which should not only be externally confirmed by the ruling on behalf of the Russian Federation but be also ensured by the entire course of the trial with a full-fledged judicial investigation. Such sen-tences, which were ruled in a special order, should not only be "blessed" by the symbol of legal reliability but should also be called in a different way, that will distinguish them from the sentences - full-fledged acts of justice, having all the necessary essential properties. It is argued that the reflection of the "conciliatory" nature of such a court decision, which is the result of compromise proceedings in the names of the above sentences, is appropriate. It is proposed to call it a "conciliation sentence" - as such it will represent a separate type of conviction.

HOW DOES THE LAW PUT A HISTORICAL ANALOGY TO WORK?: DEFINING THE IMPOSITION OF “A CONDITION ANALOGOUS TO THAT OF A SLAVE” IN MODERN BRAZIL - DOI: 10.12818/P.0304-2340.2020v77p43

Over two decades, the Brazilian state has engaged in concerted legal efforts to identify and prosecute cases of what officials refer to as the imposition of “slave labor” (trabalho escravo). At a conceptual level, the campaign has paired the constitutional protection of human dignity with an interpretation of the offense described in Article 149 of the Criminal Code as “the reduction of a person to a condition analogous to that of a slave.” At the operational level, mobile teams of inspectors and prosecutors have intervened in thousands of work sites, and labor prosecutors have obtained hundreds of consent agreements and convictions in the labor courts. This article – co-authored by a legal historian, a staff attorney at the Brazilian Chamber of Deputies, and a federal judge – draws on a massive archive of work site inspection reports to explore the ways in which inspectors and prosecutors give specific meaning to the analogy with chattel slavery. The authors find that the term “slave labor,” in this context, does not depend upon the international law definition of slavery as the exercise over a person of “any or all of the powers attaching to the right of ownership.” Instead, it identifies specific behaviors that are no longer permissible as between employer and worker, and which reproduce elements of what was once imposed by masters upon slaves. Intermediate normative terms introduced in the 2003 revision of the penal code – which prohibits the subjection of workers to “degrading conditions” and “debilitating work days” – have through the inspection processes taken on specific meaning. Rather than representing subjective notions in potential conflict with the principal of legality, as critics argue, their interpretation has unfolded through careful processes of documentation, negotiation, and prosecution. In Brazil’s current situation of political polarization and institutional fracture, this remarkable campaign against slave labor is coming under fierce attack from large-scale landholders and from elements within the executive, a development which adds urgency to the task of explicating the campaign’s legal bases and operational practices.

Il luminoso futuro di un concetto antico: la subordinazione nell’esemplare sentenza di Palermo sui riders: Tribunale di Palermo, 24 novembre 2020

The Author comments on the collective agreement between Assodelivery-Ugl and the subsequent sentence of the Court of Palermo which, for the first time in Italy but aligning itself with the case-law prevailing in the other civil law countries, qualifies riders as employees

Criminal law measures and criminal liability: scientific discussion and search for solutions

The paper analyzes the content of scientific discourse on the relationship between criminal liability and criminal law measures and proves that the corresponding concepts are not subordinate and interchangeable. Criminal law measures are defined as legal means and normative structures established by law, which the state uses to respond to a crime. Criminal liability is defined as a real phenomenon, a special combination of criminal law measures implemented on the basis of a court sentence. The common feature of criminal liability and criminal law measures is that they can only be applied in case of commission of a crime. In this regard, measures imposed on persons who have committed a socially dangerous act before reaching the age of criminal liability or in a state of insanity should be excluded from the list of measures of a criminal legal nature. The difference between liability and criminal law measures is that liability requires official recognition of a person guilty of committing a crime, while criminal law measures can also be applied in the absence of a decision on guilt, when a person is exempt from criminal liability. Based on this, all criminal law measures are divided into two groups: a) measures applied outside the scope of liability, and b) measures that are part of liability. We give the nomenclature of each of them and identify promising opportunities for their expansion. In particular, the list of criminal law measures may be supplemented with community service, limited paid work, and administrative supervision. Keywords: criminal liability; measures of a criminal-legal nature; criminal punishment; conditional conviction; criminal record; administrative supervision; criminal-legal attitude.

Prisión preventiva y error judicial probatorio

The article aims to analyze the evidentiary difficulties of the miscarriage of justice contained in the article 19 No 7 letter i) of the Political Constitution of the Republic by dealing exclusively with preventive criminal law, more specifically, pre-trial detention.The following study postulates the systemic incoherence of detecting the evidentiary error in a criminal justice system that does not recognize it due to its lack of standard. To this effect, Case No 1.579-2015, the Excellency Supreme Court sentence is used as a guiding thread for it remains the only verdict thus far that has allowed a miscarriage of justice appeal regarding a pre-trial detention.

¿Está justificada la extensión de la figura del indefinido no fijo que realiza a los trabajadores de sociedades mercantiles públicas la STS de 18 de junio de 2020 (Rº. 2811/2018, Sala de los Social)?

El objetivo de este trabajo es comentar la STS de 18 de junio de 2020 (Rº. 2811/2018, Sala de los Social) para criticar la extensión de la figura del inde­finido no fijo a las sociedades mercantiles públicas. A tal efecto, tras resaltar el interés de la sentencia, se realizará una descripción de los hechos que dan lugar al litigio, se describirá la problemática planteada, se profundizará en la resolución y los Fundamentos de Derecho que la motivan, se centrará la atención en el Voto Particular existente, y, finalmente, se realizará una valoración personal en la que se considerarán aspectos que de haber sido considerados hubieran supuesto la no extensión de la figura del indefinido no fijo a las sociedades mercantiles públicas.

The impact of public sector accounting reform on corruption: Causal evidence from subnational Indonesia

SummaryIt is widely believed that the adoption of quality public sector accounting practices can assist in reducing corruption. In theory, accounting reform, especially the shift from cash‐to accrual‐based methods, leads to the production of much improved financial information, which ultimately can be used by citizens to hold government more accountable and limit corruption. Empirical evidence from cross‐country analyses appears to support the theoretical predictions. We investigate the impact of accounting practices on corruption among districts in Indonesia. We use external financial audits to measure the adoption of reforms and the number of corruption case court convictions as our proxy for corruption. We estimate Poisson regression models using instrumental variable techniques to identify the causal effects of adopting accrual‐based accounting procedures on corruption. We show that the employment of improved accounting methods is strongly associated with declining corruption. However, after accommodating the endogeneity of accounting practices, we determine that reform adoption has no effect on corruption.

Illegal Crossing of the Russian Federation State Border in the Siberian Federal District: Criminal Activity and Problems of Investigation

The authors discuss the features of transnational criminal activity on the example of one of its varieties in the Siberian Federal District of the Russian Federation to highlight the criminal situation and criminal activity associated with illegal crossing of the Russian Federation state border. For the analysis of the specified criminal activity, sentences of courts of the District were studied and analyzed. The geographical factors influencing implementation of this criminal activity in the constituent entities of the Siberian Federal District, ways of crime concealment, combinatorics of various crimes and offences in the course of implementation of criminal activity, and also its long-term character showing in some cases are considered. Discussion of this issue can contribute to a more effective investigation of the considered category of crimes

Criminal Law Analysis of Iatrogenic Crimes and Practice of Applying the Norms of Criminal Law, Providing Responsibility for their Commission

Introduction. Caring for the health of citizens is the most important task of any state, and the article 41 of the Constitution of Russia directly establishes the right of everyone to protection of health and medical care. Despite the noble and humane mission that medical workers are called upon to carry out, helping people and saving their lives, the problem of medical errors (iatrogenic) leading to tragic consequences has clearly indicated its presence recently. The high public danger of such phenomena causes the need for their criminal law assessment. The problems that arise in this case are connected, first of all, with a diverse understanding of the essence of medical errors and iatrogenic crimes, the lack of uniformity in the application of the criminal law establishing liability for their commission. Theoretical Basis. Methods. The article is based on the analysis of Russian and foreign criminal, administrative, civil legislation, court sentences and decisions, scientific publications in Russian and foreign publications. In addition, expert opinions, doctrinal ideas and opinions on the topics of this work were used. In the process of preparing the article, a number of general scientific and private scientific research methods were used. Results. The article discusses issues related to the specifics of the criminal law assessment of acts committed by medical workers in the process of professional activity. The positions of specialists are given regarding the definition of this specific group of crimes, the author’s vision is formulated on the classification of specific socially dangerous acts as “iatrogenic”. The current legislation in the field of health care is examined, which makes it possible to concretize the terminology used in the articles of the Russian Criminal Code providing liability for iatrogenic crimes. The judicial-investigative practice of applying the indicated norms of the criminal law is analyzed, the problems of qualification of such acts are revealed. Discussion and Conclusion. In conclusion, the authors differentiate such concepts as “medical error”, “accident”, “iatrogenic crime”, determine that the deliberate commission of an iatrogenic crime should be assessed either according to the rules on the circumstances that exclude the criminal act, or as a general criminal act; designate a circle of crimes defined as “iatrogenic”; come to the conclusion that the solution to the problem of counteraction to iatrogenic crimes cannot be associated with the intensification or expansion of criminal repression.

Реформирование и цифровизация досудебного производства в уголовном судопроизводстве Киргизской Республики

The article is devoted to the peculiarities of changes in the model of criminal proceedings in the Kyrgyz Republic and the definition of ‘criminal proceedings’ is given in a new edition. It has been established that pre-trial proceedings as a stage in the criminal process; begins with the registration of statements and messages and is the initial independent stage of the criminal process, manifesting in two forms: investigation and proceedings on misdemeanor cases. It was confirmed that the refusal from the stage of initiating a criminal case was replaced by a new institute of the Unified Register of Crimes and Misdemeanors, which includes a process starting from the moment of electronic registration and a system for recording applications and messages, and ending with the execution of a court sentence. The object of the research is public relations associated with the reform and digitalization of pre-trial proceedings in the Kyrgyz Republic. The subject of the research is the novelties of the criminal procedure legislation of the Kyrgyz Republic regarding pre-trial proceedings. In connection with the latest legislative reforms and digitalization in Kyrgyzstan, a comparative analysis of the state of the criminal procedure legislation of a number of post-Soviet states (Kazakhstan, Ukraine, Georgia, Moldova) on issues related to the electronic system of the unified register of crimes and misconduct seems relevant to the author.

Cataloguing of the Defects Existing in Aluminium Window Frames and Their Recurrence According to Pluvio-Climatic Zones

The sustainability of building envelopes is affected by its windows, since these establish the connection/separation between the indoor rooms and the external environment. They can also lead to problems if they do not offer sufficient protection against external agents. The data source in this research is unprecedented, as it is based on records of court sentences. There is a significant number of cases (1615), which provides high representativeness for the functional reality of windows. The methodology that was developed classifies the defects and the causes that were found, also analysing correspondence with their recurrence according to aspects of climatological location. In the results, the cases pertaining to water infiltration, air permeability and humidity by condensation are highlighted. This study provides a vision that categorizes problems related to aluminium windows that may be useful for future interventions by agents participating in the construction process.

Primary health care pharmacists and vision for community pharmacy and pharmacists in Chile.

The Chilean healthcare system is composed of public and private sectors, with most of the higher-income population being covered privately. Primary healthcare in the public system is provided in more than 2,500 public primary care centers of different sizes with assigned populations within territories. Private insurance companies have their own healthcare networks or buy services from individual health providers. Patients from the public system receive most medications free of charge in primary care pharmacies embedded in each care center. Private patients must purchase their medicines from community pharmacies. Some government policies subsidize part of the cost of medications, but original medicines remain as the most expensive of Latin America. Three chain pharmacies have more than 90% of the market share, and these pharmacies have negative public perception because of price collusion court sentences. A non-profit, municipal pharmacy model was developed but has limited implementation. Most privately owned independent and chain community pharmacies do not provide pharmaceutical services as there is no remuneration or cover by insurers. The limited number of publicly owned Municipal pharmacies could implement pharmaceutical services in community settings as they are non-profit establishments and have full-time pharmacists but are not resourced for these services. A limited number of pharmaceutical services are almost exclusively provided in public primary care, including medication reviews, pharmaceutical education, home visits and pharmacovigilance services, but several barriers to their implementation remain. A risk-based multimorbidity care model was implemented in 2020 for public primary care with additional employment of part-time pharmacists to provide services. We believe that this model will help pharmacists to optimize their time by prioritizing the much-needed clinical tasks. We propose within this multimorbidity care model that the more time-consuming services are provided to higher risk patients. Pharmacy prescribing i.e. amending or approving changes in medications in primary care for chronic conditions could also be useful for the health system, but pharmacists would require additional training. The landscape for pharmaceutical services for primary care in Chile is promising, but the integration with community pharmacies will not be possible until they are funded by public and private insurance, and the public perception of these establishments is improved.

Primary health care pharmacists and vision for community pharmacy and pharmacists in Chile

The Chilean healthcare system is composed of public and private sectors, with most of the higher-income population being covered privately. Primary healthcare in the public system is provided in more than 2,500 public primary care centers of different sizes with assigned populations within territories. Private insurance companies have their own healthcare networks or buy services from individual health providers. Patients from the public system receive most medications free of charge in primary care pharmacies embedded in each care center. Private patients must purchase their medicines from community pharmacies. Some government policies subsidize part of the cost of medications, but original medicines remain as the most expensive of Latin America. Three chain pharmacies have more than 90% of the market share, and these pharmacies have negative public perception because of price collusion court sentences. A non-profit, municipal pharmacy model was developed but has limited implementation. Most privately owned independent and chain community pharmacies do not provide pharmaceutical services as there is no remuneration or cover by insurers. The limited number of publicly owned Municipal pharmacies could implement pharmaceutical services in community settings as they are non-profit establishments and have full-time pharmacists but are not resourced for these services. A limited number of pharmaceutical services are almost exclusively provided in public primary care, including medication reviews, pharmaceutical education, home visits and pharmacovigilance services, but several barriers to their implementation remain. A risk-based multimorbidity care model was implemented in 2020 for public primary care with additional employment of part-time pharmacists to provide services. We believe that this model will help pharmacists to optimize their time by prioritizing the much-needed clinical tasks. We propose within this multimorbidity care model that the more time-consuming services are provided to higher risk patients. Pharmacy prescribing i.e. amending or approving changes in medications in primary care for chronic conditions could also be useful for the health system, but pharmacists would require additional training. The landscape for pharmaceutical services for primary care in Chile is promising, but the integration with community pharmacies will not be possible until they are funded by public and private insurance, and the public perception of these establishments is improved.

What If It Wasn’t Kato Who Raped Diana? Representing the Yearning for Justice in As I Stood Dead Before the World: Creative Writing from Luzira Prison (2018)

The article examines how selected works in Uganda’s first anthology of prison-authored work, As I Stood Dead before the World: Creative Writing from Luzira Prison (2018), handle one of the issues of paramount importance to inmates and their families: the possibility that convictions in courts of law are not foolproof since judicial officers are human beings and therefore susceptible to error. Drawing from four examples: two poems (Jackson O’s “Letter to Aber” and Sebuuma Gadafi’s “Twenty-Years”), one short story (Rachael Pearl Orishaba’s “A Secret”), and one short play (Jennifer Janette’s “What If It Wasn’t Kato?”), I show how different inmates imagine situations where judicial officers (prosecutors and magistrates/judges) make errors of judgement that see innocent people convicted of crimes they did not commit. The article closely reads the four selected pieces with the objective of investigating how creative writers can help judicial officers realise how important it is to turn every proverbial stone before a conviction is made.

Ресоціалізація засуджених неповнолітніх, які відбувають покарання в місцях несвободи

У статті проаналізовано організаційно-правове забезпечення виконання вироків стосовно неповноліт-ніх осіб. Застосування кримінального покарання, а та-кож виконання вироків суду стосовно неповнолітніх осіб є одним із найскладніших елементів криміналь-но-правового захисту суспільних відносин. Неповно-літні особи мають специфічне кримінально-правове становище, зумовлене їхнім віком, рівнем індивідуаль-ної правової свідомості, рівнем психологічної стійкості та правової культури. Все це має визначальний вплив на формування особистості, а також на ставлення неповнолітньої особи до скоєного злочинного діяння. Основним завданням кримінальної відповідально-сті стає не лише покарання, але й виправлення модусу поведінки неповнолітньої особи. З цих позицій пошук особливостей організаційно-правового забезпечення виконання вироків стосовно неповнолітніх осіб, пов’я-заний із теоретико-методологічним забезпеченням можливих шляхів підвищення ефективності та дієвості виконання вироків щодо таких осіб, має ще й суспільну необхідність. Останнє пояснюється тим, що для держа-ви важливим є формування генофонду нації, основним потенціалом для чого і є молодь. Тому виконання ви-років щодо неповнолітніх осіб не повинно створювати в них відчуття асоціалізації, викреслення державою їх із нормального суспільного життя. Додатковою слід зазначити, що через контекст по-шуку ефективних, однозначних і змістовних, навіть вичерпних способів викладення нормативно-право-вого закріплення механізму виконання вироків суду стосовно неповнолітніх осіб підвищуватиметься якість виконання функцій держави щодо забезпечення на-лежного рівня прав осіб навіть у процесі виконання ви-років щодо них. Сучасна вітчизняна пенітенціарна система об’єк-тивно характеризується низьким рівнем дотриман-ня вимог законодавства в сфері виконання вироків через брак фінансування, недостатній рівень компе-тенції працівників системи виконання покарань тощо. Держава повинна забезпечувати належний рівень ор-ганізаційно-правового забезпечення процесу виконан-ня вироків, особливо щодо неповнолітніх осіб. Через це пошук особливостей такого забезпечення, проведений в межах цього дослідження, супроводжується виділен-ням найслабших місць практичного виконання виро-ків стосовно вказаного кола осіб.

FORENSIC MEDICAL AND LEGAL ASPECTS OF THE PROVISION OF MEDICAL CARE IN OBSTETRICS AND GYNECOLOGY

Relevance. Sometimes statistics on medical errors are hushed up, and information about individual incidents becomes known thanks to the media.
 Objective: to identify the most common obstetric-gynecological profile defects and their causes by analyzing the data of the State Statistics Service on maternal and infant mortality during pregnancy, childbirth, and the postpartum period and compare it with the forensic analysis of obstetric-gynecological profile medical care.
 Materials and methods. 625 cases were analyzed according to the State Statistics Service on maternal and infant mortality during pregnancy, childbirth and the postpartum period, court sentences in criminal cases under Articles 139 and 140 of the Criminal Code of Ukraine, according to the Unified State Register of Court Decisions of Ukraine since 2009 in 2019, as well as data from forensic medical examination commissions on “medicinal matters” for 2013-2019 performed by the State Institution “Main Bureau of Forensic Medical Examination of the Ministry of Health of Ukraine”, including cases of previous departmental audits by the commissions of the Health Administration. The data obtained were subjected to statistical processing by standard methods of descriptive statistics.
 Results. In these 255 examinations, defects in the provision of medical care were found by expert commissions in 186 cases, which amounted to 72.9%. Moreover, of these "defective cases", 62.9% (117 cases) were in a direct causal relationship with an unfavorable outcome; 35.5% (6 cases) - in some deficiencies that did not have a causal relationship with the onset of fetal death. In 3 cases of examinations in gynecology, there were contradictions in the entries in the medical documentation, they did not allow assessing the quality of medical care and the relationship with the consequences. At the pre-hospital stage (in the clinic), defects were allowed in 65.5%, and at the hospital - in 72.8%. In the presence of departmental inspections in 23%, there was a complete coincidence of the results of the conclusions of the commissions of the bureau of forensic medical examination and medical examination, and only in cases of significant defects in direct causal connection with the consequences. At the same time, when analyzing 53 court sentences according to the register of court decisions, it turned out that 13 of them related to the obstetric and gynecological profile, and 12 of them were indictment. In all cases, the source of evidence in cases was exclusively the “Expert Conclusions”.
 Conclusions. It was found that forensic medical examinations for the provision of obstetric and gynecological medical care occupy a leading place in the overall structure of commission examinations in “medical matters”, in the vast majority of examinations, defects in the provision of medical care were found that were in direct causal connection with an unfavorable outcome.

Problematic issues of Criminal and Criminal Procedural Legislation in Applying Coercive Medical Measures

The author of the article proves that the possibility for a court to apply coercive medical measures to an insane person who has committed a socially dangerous act is regulated by the norms of the law on criminal liability and the provisions of the criminal procedural legislation of Ukraine. Their implementation is carried out in the interaction of substantive and procedural law, in particular in certain forms of criminal liability and in measures that are not covered by criminal liability, but are called criminal coercion, and is resolved through individual procedural institutions. The scientific positions of certain scholars and representatives of scientific schools on these issues were studied. On their basis the author expressed a number of own conclusions on problematic and debatable areas and issues raised in the article. Based on the results, the author of the article made some conclusions about the application of coercive medical measures: establishing the fact of committing a criminal offense by a specific person; after a forensic psychiatric examination to determine that such a person is mentally ill and according to its results cannot be sane; such a person is socially dangerous to society and must be isolated for the period of involuntary treatment. In the absence of at least one of the elements of the specified structure, coercive medical measures cannot be applied. The author made generalization, based on the initial provision that the main component of criminal liability is the conviction of a person, the adoption of a court conviction, which provides a legal assessment of the act and the specific person who committed it. Comparison of the current criminal and criminal procedural legislation provides an opportunity to assess coercive medical measures by coercive measures of a criminal law nature, as those used in criminal law relations against persons who committed a socially dangerous act, are ill with certain types of mental illness at the moment of the commission of a crime. The tendency of modern development of the direction in criminal law about delimitation of concepts and essence of "release of the person from criminal liability" and "punishment" from "exclusion of such responsibility" and existence and allocation at the same time of other direction - "criminal coercion" is distinguished. At the same time, the conclusions concerning persons who fell ill with a mental illness after the commission of a crime or while serving a sentence in places of imprisonment that relate to the procedural mechanism of temporary suspension of the imposed criminal punishment, were singled out. The results of the study of criminal and criminal procedural legislation on the application of coercive medical measures confirm and present the mechanism of interaction and implementation of substantive and procedural legislation to ensure the objectives of criminal proceedings under the Art. 1 of the Criminal Code and the Art. 2 of the Criminal Procedural Code of Ukraine.