Suchergebnisse

The objective of the study was to determine the legality of the application of coercive medical measures and to develop recommendations to improve the legislative regulation of their use. The study included data on the number of offenders with mental disorders; the empirical background was the decision of the European Court of Human Rights on the application of coercive medical measures; provisions of the legislation of 31 countries. Methods of system approach, comparison, descriptive analysis, pragmatic approach, prognosis were used. The national criminal law of most states regulates the application of coercive medical measures to persons who have committed a crime in a state of limited sanity or insanity or have acquired it before sentencing or during the execution of the sentence, but its practical application causes several complications. It is concluded that the legislative definition of coercive medical measures corresponds to human rights legislation. But there are problems with its practical application. Proposals were made to amend national and international legislation: to broaden the range of grounds for the application of coercive medical measures; regulate the possibility of early termination of a coercive medical measure; oblige the courts to determine the appropriate terms.

Judicial practice shows that the request of all lawyers is not answered, so the study of the role of the application is relevant. The objective of the research was to carry out a theoretical and legal analysis of the role of the lawyer's request in the field of the defense of human rights due to the peculiarities of its normative support as a means of legal communication. The following methods were used: direct observation; comparison method; analysis of the content of the documents governing the procedure for giving and receiving a response to a lawyer's request. Documents and normative-legal programs that regulate the order and peculiarities of the legal work of lawyers and their requests were identified. The article also examines the legal practice of using applications and analyzes the activity of lawyers to ensure the role of the application as an effective means of legal communication. It was found that, in Ukraine, the application practice itself remains an ineffective means of legal communication. However, the attorney does not always collect the information and documents necessary for the defense in due time.