Ye. Lukianchykov; S. Petriaiev
The article analyzes the development of the regulatory framework of the institution of certification, starting with the Lithuanian charters to the present day. It is noted that at various historical stages, the definition of the content of the medical examination as a means of obtaining information about the crime and the person who committed it was approached in different ways, but it was always considered in connection with the examination. This emphasizes the affinity of the methods that were used during the examination and medical examination. The specificity of the examination was determined by the subject of inspection – the body of a living person. Sometimes examination was called inspection of objects and a corpse, and in some cases, the tasks of the examination included determining the state of the human body, its age, etc.
Analysis of the regulatory regulation of the examination at various stages shows that standards have always been provided to ensure the rights and interests of the person being examined. In the first place, this concerned the examination of persons of a different gender than the investigator, referred to persons who could carry it out, in order to protect the honor and dignity of the person being examined.
The article analyzes the legislation of different periods in the history of the USSR and some countries that emerged after its collapse in terms of the purpose of the medical examination. It is noted that the purpose of certification in the Code of Criminal Procedure of these states is not determined equally. In some, as in Ukraine, the goal is to establish on the human body traces of crime and special signs. In others, the objectives of the examination include the establishment of a state of intoxication or other properties that are relevant to the criminal case.
Article examines the issue of the possibility of compulsory examination of the person; the opinions of various groups of authors and their justification are given; Additional arguments are given about the necessity and possibility of compulsory examination of a suspect, victim, witness who refuse to voluntarily pass it, after using the available means and methods of persuasion.
Attention is drawn to the fact that the investigator or the prosecutor should not be deprived of the opportunity to establish the truth and protect the rights and interests of the victim of the crime, due to the fact that for some reason he does not want this.
Key words: examination, regulation, subject of examination, human properties.