FORENSIC AND LEGAL SIGNIFICANCE OF HYPNOSIS DURING A CRIMINAL INVESTIGATION.

The purpose of the article is, based on a comparative legal study of the general and distinctive features of the norms of criminal and criminal procedural legislation of Ukraine, Georgia, Poland, the Czech Republic, Slovakia and Hungary, regarding the possible participation of a psychotherapist in conducting procedural actions aimed at collecting evidence for the crime committed, determine the feasibility and admissibility of the participation of a hypnologist to conduct hypnosis sessions with participants in criminal proceedings. The task is based on an analysis of the norms of criminal and criminal procedural legislation of a number of European countries, as well as taking into account the specifics of hypnotherapy as a branch of psychotherapy, the limitations of legal norms regarding psychotherapists (hypnologists) in the exercise of their professional duties and in attracting them for judicial - investigative actions to collect evidence, the unsettled nature of these legal positions - to outline ways to improve the norms of medical and legal legislation of European countries in this area. It has been established that the problem of realizing the right of the subject to full legal and medical protection during a forensic medical examination, as well as the implementation of the rights and obligations of an expert psychotherapist during the latter, is the lack of clear implementation in the criminal procedural norms of the states of the participation of a hypnologist during a forensic examination, investigative actions that are aimed at collecting evidence for a crime.It has been revealed that the requirements of international legal norms and certain specifics of the situation regarding the conduct of a forensic medical examination, as well as the lack of clearly defined legal norms for the participation of a psychotherapist in collecting evidence by immersing a participant in a criminal trial - a patient in a hypnotic sleep, dictate the need to make a number of changes in criminal procedural legislation not only of Ukraine, but also of the countries of the European Union, such as Poland, Slovakia, Hungary, the Czech Republic. These medico-legal documentary "amendments" should be aimed at a clearer formulation of the definitions of the basic concepts and terms of engaging or prohibiting the participation of a hypnologist during forensic investigative actions that are aimed at obtaining evidence using hypnosis, such as a ban on engaging the latter is clearly provided for in the legislation of Georgia. Thus, these innovations in the legal sphere will act as a guarantor of the implementation of the right to human health, will serve as a "psychotherapeutic impetus" for eradicating cases of obtaining evidence in a case using hypnosis in the practical activities of law enforcement agencies, and will meet the basic international principles and requirements in the field of healthcare and law.

THE SIGNIFICANCE OF FORENSIC DENTAL EXAMINATION IN CRIMINALISTICS.

The purpose of the article is, on the basis of a comparative legal study of common and distinctive features of the norms of the criminal law of Ukraine, Georgia, Poland, and the Czech Republic on the examination, to determine the feasibility and necessity of the obligatory participation of a dentist in a forensic medical examination, namely: dental expertise. Based on the analysis of the norms of the Criminal Procedure Code and the Criminal Code of Ukraine, Georgia, Poland, and the Czech Republic the task is to outline ways to improve the norms of the criminal law and medical legislation of Ukraine and Georgia in this area. It has been established that the constitutional provision of the right to human health in Ukraine and Georgia is contained not only in the codes and medical legislation of both states, but also in a number of international legal acts that have been ratified by the parliaments mentioned above. The analysis of the relevant norms revealed the imperfection of the definitions of concepts and terms, ways, and methods of implementing the norms, which should reflect the specified right. It has been established that the Criminal Procedure Code and the Criminal Code of Ukraine, Georgia, Poland and the Czech Republic and methodological recommendations regarding the participation of a specialist doctor in a forensic medical examination to collect evidence in the commission of a crime have common features, formulations, and requirements. Thus, this article can serve as a driving force for the collection, research, analysis, and evaluation of modern scientific data on forensic dental traumatology, identification of a person by dental status and issues bordering on it, and also serve as a presentation of the features of expertise in cases of criminal prosecution of medical dental workers. The outcome of this research is unlikely to be an exhaustive presentation of all the problems mentioned and each of those presented in particular. But, in turn, the article will contribute to the improvement of the teaching of forensic dentistry and the development of forensic examination, forensic dental examination in particular.

[THE LEGAL STATUS OF A PSYCHIATRIC EXPERT DURING A FORENSIC PSYCHIATRIC EXPERTISE].

The purpose of the article is to determine the feasibility and necessity of the mandatory participation of a psychiatrist in the conduct of a forensic psychiatric examination under the legislation of Ukraine and Georgia. The task is to outline the ways of improving the norms of the criminal law of both countries in the legal and medical spheres based on the analysis of the norms of the Criminal Procedure Code of Ukraine and the Criminal Procedure Code of Georgia. It has been established that the constitutional provision of the right to human health (in particular the researched one) in Ukraine and Georgia is contained not only in the codes and medical legislation of both states, but also in a number of international legal acts that have been ratified by their parliaments. The analysis of the relevant norms carried out in the article revealed the imperfection of concepts and terms, methods and methods of implementing the norms that should reflect the specified right. The authors of the article found that the main problem of realizing the human right to full legal and medical protection in the conduct of forensic psychiatric examination, as well as in the exercise of the rights and duties of an expert psychiatrist, is the lack of a clear procedure for the participation of a doctor in the conduct of judicial and investigative actions. Scientific research has established that the Criminal Procedure Code of Ukraine, the Criminal Procedure Code of Georgia and methodological recommendations regarding the participation of a psychiatrist in carrying out procedural measures to collect evidence in the commission of a crime have common features, wording and requirements. The authors of the article revealed that the requirements of international legal norms and a certain specificity of the situation for conducting a forensic psychiatric examination dictate the need to amend the criminal procedural legislation of Ukraine and Georgia. Changes in the legislation of these countries should be aimed at a clearer formulation of the basic concepts and terms of the doctor's participation in the conduct of judicial and investigative actions. These new norms of the law will act as a guarantee for the realization of the right to health, meet the basic international principles and requirements in the field of health care and law.

[PARTICIPATION OF A DOCTOR IN THE INTERROGATION OF A MINOR AS A MANDATORY LEGAL NORM IN THE LEGISLATION].

The purpose of the article is, on the basis of a comparative legal study of the general and distinctive features of the norms of the criminal procedure legislation of Ukraine and Georgia regarding the possible participation of a doctor during the interrogation of a minor, to determine the expediency and necessity of the mandatory participation of a doctor during the interrogation of a child. Objective - on the basis of the analysis of the norms of the Criminal Procedure Code of Ukraine and the Criminal Procedure Code of Georgia, as well as taking into account the vulnerability and originality of the development of the psyche of a minor, the specifics of the implementation of pediatric methods in overcoming barriers to communication with a child, outline ways to improve the norms of criminal law in both countries in this domain. It has been established that the constitutional provision of the right to human health (in particular of a child) in Ukraine and Georgia is contained not only in the codes and medical legislation of both states, but also in a number of international legal acts that have been ratified by their parliaments. The analysis of the relevant norms revealed the imperfection of the definitions of concepts and terms, methods and methods of implementing the norms that should reflect the specified right. It has been established that the problem of realizing the child's right to full legal and medical protection during interrogation is the lack of a clear implementation in the criminal procedural norms of states of the mandatory (and not alternative - at the discretion of a government official) participation of a doctor (pediatrician, child psychiatrist) in the conduct of judicial investigative actions with a minor. It was also established that the Criminal Procedure Code of Ukraine, the Criminal Procedure Code of Georgia and methodological recommendations regarding the conduct of interrogations have common features, formulations and requirements for interrogating a minor, involving parents, teachers and doctors to objectively influence the psyche of a child in the selection of information on an incident. It was revealed that the requirements of international legal norms and psychological characteristics of the development and formation of a child's personality, the child's perception of the world around him and the events taking place in it dictate the need to amend the criminal procedural legislation of Ukraine and Georgia. These changes should be aimed at a clearer formulation of terms for the involvement and mandatory participation of a doctor in the conduct of judicial investigative actions with a minor, in particular his interrogation. Thus, these changes will act as a guarantor of the realization of the right to human (child) health; meet the basic international principles and requirements in the field of healthcare and law.