{"title":"提高实施强制医疗措施者的诉讼地位","authors":"Bahodir Sayfullayev","doi":"10.51788/tsul.rols.2022.6.3./tyio1667","DOIUrl":null,"url":null,"abstract":"This article examines the legal and practical problems related to the procedural status of persons with temporary mental disorders during the investigation and preliminary interrogation of socially dangerous acts committed by mentally ill or temporarily mentally ill persons or after the commitment of socially dangerous acts. Despite the reforms in our country aimed at ensuring the rights and freedoms of individuals, and their worthy place in society, the application of coercive measures against a person in criminal procedural law is based on the fact that their procedural status is not clearly defined. Even in the Criminal Procedural Code of the Republic of Uzbekistan and in the legal literature, the status of a person subject to coercive medical measures is fragmented and differentiated by various norms. For this reason, coercive medical measures should be enshrined in the laws of our country, clearly indicating the status of the person to whom the coercive medical measures are applied, and clearly defining his rights and obligations. In order to eliminate this problem legally and clearly, it is important to ensure the legal status of a mentally ill person in the investigation process, as provided by the laws of the Republic of Uzbekistan and it should not contradict international requirements. The author argues that the main direction in finding a legal solution to this problem is that the law should clearly define the procedural status, rights, and obligations of a person to whom coercive medical measures are applied.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"77 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"IMPROVING THE PROCEDURAL STATUS OF PERSON WHOM APPLIED COERCIVE MEDICAL MEASURES\",\"authors\":\"Bahodir Sayfullayev\",\"doi\":\"10.51788/tsul.rols.2022.6.3./tyio1667\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This article examines the legal and practical problems related to the procedural status of persons with temporary mental disorders during the investigation and preliminary interrogation of socially dangerous acts committed by mentally ill or temporarily mentally ill persons or after the commitment of socially dangerous acts. Despite the reforms in our country aimed at ensuring the rights and freedoms of individuals, and their worthy place in society, the application of coercive measures against a person in criminal procedural law is based on the fact that their procedural status is not clearly defined. Even in the Criminal Procedural Code of the Republic of Uzbekistan and in the legal literature, the status of a person subject to coercive medical measures is fragmented and differentiated by various norms. For this reason, coercive medical measures should be enshrined in the laws of our country, clearly indicating the status of the person to whom the coercive medical measures are applied, and clearly defining his rights and obligations. In order to eliminate this problem legally and clearly, it is important to ensure the legal status of a mentally ill person in the investigation process, as provided by the laws of the Republic of Uzbekistan and it should not contradict international requirements. The author argues that the main direction in finding a legal solution to this problem is that the law should clearly define the procedural status, rights, and obligations of a person to whom coercive medical measures are applied.\",\"PeriodicalId\":102464,\"journal\":{\"name\":\"Review of Law Sciences\",\"volume\":\"77 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-10-10\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Review of Law Sciences\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.51788/tsul.rols.2022.6.3./tyio1667\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Review of Law Sciences","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.51788/tsul.rols.2022.6.3./tyio1667","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
IMPROVING THE PROCEDURAL STATUS OF PERSON WHOM APPLIED COERCIVE MEDICAL MEASURES
This article examines the legal and practical problems related to the procedural status of persons with temporary mental disorders during the investigation and preliminary interrogation of socially dangerous acts committed by mentally ill or temporarily mentally ill persons or after the commitment of socially dangerous acts. Despite the reforms in our country aimed at ensuring the rights and freedoms of individuals, and their worthy place in society, the application of coercive measures against a person in criminal procedural law is based on the fact that their procedural status is not clearly defined. Even in the Criminal Procedural Code of the Republic of Uzbekistan and in the legal literature, the status of a person subject to coercive medical measures is fragmented and differentiated by various norms. For this reason, coercive medical measures should be enshrined in the laws of our country, clearly indicating the status of the person to whom the coercive medical measures are applied, and clearly defining his rights and obligations. In order to eliminate this problem legally and clearly, it is important to ensure the legal status of a mentally ill person in the investigation process, as provided by the laws of the Republic of Uzbekistan and it should not contradict international requirements. The author argues that the main direction in finding a legal solution to this problem is that the law should clearly define the procedural status, rights, and obligations of a person to whom coercive medical measures are applied.