Forensic Medical And Forensic Psychiatric Examination: Some Issues Of Legal Regulation.

Abstract

The article deals with the issues of legal regulation of forensic and forensic psychiatric examinations in Ukraine. Issues related to forensic examinations in the field of healthcare are urgent and particularly difficult to implement and enforce novadays in Ukraine, given the significant gaps and controversies in legal regulation. The rights of patients and medical professionals may be violated in course of the named examinations provision. Current national legislation in the field of forensic examination is riddled with numerous lacunae and conflicts, partly given in the study, filled with Letters of the MoH of Ukraine instead of regulatory decisions, and thus, acute legal uncertainty creates difficulties in legal implementation and execution, which negatively affects the protection of human rights and violates the rule of law standards. In view of the spectral transformation processes in Ukraine, we consider it expedient that the newly created Commission on Legal Reform, approved by Presidential Decree No. 584/2019 as of 07.08.2019, put on the agenda the issue of reforming forensic examination, which can play a significant role in the administration of justice in the light of best international statutory practice.