{"title":"Problems Issues for Police Care for a Person who has the Signs of a Strong Mental Disorder and Creates a Real Danger of Anywhere","authors":"T. Myroniuk, Yuryi Levchenko","doi":"10.33270/01191134.104","DOIUrl":null,"url":null,"abstract":"The purpose of the article is to identify the range of problematic issues that arise in the course of police custody of a person suspected of escaping from a psychiatric institution or specialized medical institution where he/she was detained on the basis of a court decision, and a person who has signs of severe mental disorder and creates a real mental disorder. danger to others or yourself. In order to fulfill this goal, the following tasks were performed in the article: the law institute «police care» was considered as one of the newly introduced preventive police measures, the concept of «mental disorder», «severe mental disorder»; the issues of gaps in the legislation and in the practice of implementation of this measure, as well as the issues that need to be addressed to ensure its implementation within the framework of psychiatric medicine reform and police reform, are investigated; relevant suggestions and recommendations on improving the legal regulation of «police care» for mentally ill persons in organizational, managerial and other measures have been provided. Methodology. In the course of the research the dialectical method of scientific knowledge of social and legal phenomena in their contradictions, development and changes was used; a formal-logical method that identifies elements of the legal mechanism of «police care». The comparative legal method is used in the analysis of current legislation and international regulations; statistical – in the analysis of empirical data and in the process of researching statistical material in order to obtain a mathematical basis. The scientific novelty of the publication is that it identifies problematic issues of police concern regarding a person suspected of escaping from a psychiatric institution or specialized medical institution where he was detained on the basis of a court decision, and a person with signs of severe mental disorder and creating a real danger. or yourself. Suggestions were made to increase the effectiveness of this measure by improving the work in the field of health care and psychiatric care, emphasizing the need for interaction between psychiatric and specialized medical institutions with the national police. Conclusions. Based on the results of the scientific search, it is proposed to consider the possibility of legislative changes to the Laws of Ukraine «On National Police», «On Psychiatric Assistance»; adoption of departmental and inter-departmental instructions on the interaction of police and medical institutions with regard to placement of mentally ill persons in psychiatric and specialized medical institutions; creation of a single register of mentally ill persons, etc.","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"14 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.33270/01191134.104","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 1
Abstract
The purpose of the article is to identify the range of problematic issues that arise in the course of police custody of a person suspected of escaping from a psychiatric institution or specialized medical institution where he/she was detained on the basis of a court decision, and a person who has signs of severe mental disorder and creates a real mental disorder. danger to others or yourself. In order to fulfill this goal, the following tasks were performed in the article: the law institute «police care» was considered as one of the newly introduced preventive police measures, the concept of «mental disorder», «severe mental disorder»; the issues of gaps in the legislation and in the practice of implementation of this measure, as well as the issues that need to be addressed to ensure its implementation within the framework of psychiatric medicine reform and police reform, are investigated; relevant suggestions and recommendations on improving the legal regulation of «police care» for mentally ill persons in organizational, managerial and other measures have been provided. Methodology. In the course of the research the dialectical method of scientific knowledge of social and legal phenomena in their contradictions, development and changes was used; a formal-logical method that identifies elements of the legal mechanism of «police care». The comparative legal method is used in the analysis of current legislation and international regulations; statistical – in the analysis of empirical data and in the process of researching statistical material in order to obtain a mathematical basis. The scientific novelty of the publication is that it identifies problematic issues of police concern regarding a person suspected of escaping from a psychiatric institution or specialized medical institution where he was detained on the basis of a court decision, and a person with signs of severe mental disorder and creating a real danger. or yourself. Suggestions were made to increase the effectiveness of this measure by improving the work in the field of health care and psychiatric care, emphasizing the need for interaction between psychiatric and specialized medical institutions with the national police. Conclusions. Based on the results of the scientific search, it is proposed to consider the possibility of legislative changes to the Laws of Ukraine «On National Police», «On Psychiatric Assistance»; adoption of departmental and inter-departmental instructions on the interaction of police and medical institutions with regard to placement of mentally ill persons in psychiatric and specialized medical institutions; creation of a single register of mentally ill persons, etc.