TESTIMONY OF A PERSON WHO IS UNDERGOING PROCEEDINGS REGARDING THE APPLICATION OF COERCIVE MEASURES OF A MEDICAL CHARACTER IN VIEW OF THE PRECEDENT PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS

Abstract

It has been established that one of the examples of unjustified limitation of the right to protection of persons who are subject to proceedings regarding the application of coer-cive measures of a medical nature is that, according to the current Code of Criminal Proce-dure of Ukraine, the right to give evidence to them (with the exception of those with limited convictions) is not ensured. It is noted that the relevant legal regulation is also inconsistent with a number of decisions of the European Court of Human Rights. It is argued that not every mental disorder deprives the ability to perceive and reproduce facts and events. A person who has committed a socially dangerous act, with a certain state of mind, can main-tain the possibility of a formal assessment of events and their understanding, even in the absence of the ability to control his act. The statement is justified, according to which the possibility of using the testimony of these participants in the process is fully consistent with the provisions of the Criminal Code of Ukraine on the conditions for conducting investiga-tive actions with their participation and their mandatory participation during the court ses-sion. It was established that the testimony of this participant (as well as the person against whom proceedings are being conducted regarding the application of coercive measures of an educational nature and who is not a suspect/accused) should be considered as a source of evidence. Therefore, a conclusion was made about the need for legislative correction and addition to the provisions of Part 1 of Article 95 of the Criminal Procedure Code of Ukraine.