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Orenburg State University january 20, 2022   RU/EN
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Mishchenko E.V.
REALIZATION OF THE PRINCIPLE OF RESPECT OF HONOUR AND DIGNITY OF THE PERSONALITY IN PRODUCTION ON APPLICATION OF COERCIVE MEASURES OF MEDICAL CHARACTER [№ 3 ' 2015]
In science of criminal trial the question is actual, whether realization in criminal legal proceedings a number of the principles which are directly concerning the identity of the participant of the criminal trial having a mental disorder and, in particular, the principle enshrined in аrt. 9 of the Criminal Procedure Code of the Russian Federation "Respect of honor and dignity of the personality" is subject. First of all the problem is put forward by absence of uniform treatment of concept of the personality, and her contents were and remain a subject of scientific discussion. The general concept of the personality covers, first of all, the specific person, the individual having own consciousness, outlook, installations, the principles, character, a place in social life of society and legal status. At the legal level of structure of the personality, the person having a mental disorder is a personality. Legal status of such persons admits special and is provided with the state by means of necessary guarantees, one them which the respect of their honor and advantage is. According to the conceptual provision of the principle concerning respect of honor and dignity of the personality it is forbidden to carry out actions and to make proceeding decisions which would humiliate honor of the participant of criminal legal proceedings, and also its human dignity. Of course, at the person having a mental disease, the advantage and honor fully can't be shown, however the Constitution of the Russian Federation in аrt. 21 proclaimed situation according to which "The dignity of the personality is protected by the state. Nothing can be the basis for its derogation" (p.1). So, the person concerning whom production about application of coercive measures of medical character is conducted agrees p.1 аrt. 437 of the Criminal Procedure Code of the Russian Federation, has the right personally to carry out the procedural laws belonging to it if a mental state it allows it. In it respect of the state for the persons having a mental disorder and who made socially dangerous act is shown. Besides, the person can give explanations, declare petitions and branches to participants of process, to produce the evidence, etc. The principle of respect of honor and dignity of the personality provides also situation according to which participants of criminal legal proceedings can't be exposed to violence, tortures, ill treatment. The special relation is deserved thus by mentally sick persons. Thus, the principle of respect of honor and dignity of the personality extends on all participants of criminal legal proceedings.

Mishchenko E.N.
LEGAL REGULATION OF CRIMINAL CASES RELATING TO JUVENILES AND PERSONS SUFFERING FROM MENTAL DISORDERS IN FOREIGN CRIMINAL SCIENCE [№ 3 ' 2014]
This paper discusses the legal doctrine of criminal justice in relation to minors and persons exempt from criminal liability or punishment by virtue of derangement in the criminal law of modern foreign countries (USA, France, Germany, Netherlands, and England).

Mishchenko E.V.
ABOUT THE ESSENCE AND PROPERTIES OF CRIMINAL PROCEDURE FORM [№ 3 ' 2013]
The notion and essence of criminal procedure form are investigated in this article within the interrelation of different institutions. The features and significance of the criminal procedure form are analyzed within the framework of legal proceedings realization.

Mishenko E.V.
METHODOLOGICAL ASPECTS OF SCIENTIFIC RESEARCH OF THE CRIMINALLY-REMEDIAL FORM ON SEPARATE CATEGORIES OF CRIMINAL CASES [№ 3 ' 2012]
Article is devoted features of the criminally-remedial form on separate categories of criminal cases. Are analyzed частнонаучные theories according to which allocate the general and special (private) order of manufactures on criminal case. Conditions of differentiation of private manufactures in criminal trial are offered.

Kondakova K.S., Yapryntseva E.V., Drozdova E.A., Mishchenko N.V.
THE DEPENDENCE OF THE DIGESTIBILITY OF MINERALS AND VEGETATION COMPLEXES ON THE DEGREE OF ADHESION OF MICROORGANISMS TO THE SURFACE OF FOOD PARTICLES [№ 12 ' 2011]
The survey was developed and tested methodology quantifying microorganisms adhered to feed particles by means of a fluorescence microscope. It is noted that the application of mineral supplementation has an effect on bacterial adhesion to the substrate. Established correlation between the number of adhered micro-organisms and food digestion study of substrates.

Mishchenko E.V.
THE INTERNATIONAL LEGAL CONSOLIDATION OF SPECIAL FEATURES OF LEGAL STATUS OF PERSONS, TO WHICH THE FORCED MEASURES OF MEDICAL NATURE CAN BE APPLIED [№ 3 ' 2011]
The author examined a problem about the consolidation of legal status of the persons, to which the forced measures of medical nature can be applied taking into account international documents. In particular in the Universal Declaration of Human Rights, the international pact about the economic, social and cultural rights and others.

Mischenko E.V.
CRIMINAL PROCEDURAL GUARANTEES FOR PROVIDING PERSON LEGAL STATUS [№ 3 ' 2010]
This article examines the definition of criminal procedural guarantees for person legal status and problems of their providing in the proceeding.

Mishchenko E.V.
COURT CONTROL AT PREJUDICIAL PRODUCTION OF CASES OF COMPULSORY USE OF MEDICAL CHARACTER MEASURES [№ 3 ' 2009]
The essence and concept of court control are revealed in this article and also the peculiarities of its use at production of compulsory use of medical character measures are analyzed here.

Medvedev V.M., Mishchenko V.I., Solokha N.G.
DEVELOPMENT OF PRODUCT OPERATION CONCEPTION [№ 4 ' 2008]
This article is devoted to solution of tasks of complex proving of demands to general parameters of product operation system. The methods of joint optimization of control fullness and terms of product technical service are suggested in this work.

Mishchenko E.V.
MEANING OF COMPLEX FORENSIC PSYCHOLOGICAL-PSYCHIATRIC EXAMINATION AT PRODUCTION OF CASES OF COMPULSORY MEASURES OF MEDICAL CHARACTER USE [№ 3 ' 2008]
The research of question of meaning of complex forensic psychological-psychiatric examination at production of cases of compulsory measures of medical character use is very important now. Advantages of complex psychological-psychiatric examination are proved in this article and also typical reasons for its setting are analyzed here.

Medvedev V.M., Mishchenko V.I., Gizatullin I.M.
COST MODELING OF PRODUCTS OPERATION [№ 2 ' 2008]
This article is devoted to working out of model of cost forming of products operation as a function of more essential operating factors, and also influence of modern methods of repair on cost parameters.

Mishchenko E.V.
BINDING PRODUCTION OF LEGAL-PSYCHIATRIC EXAMINATION AT CASES OF COMPULSIVE MEASURE USING OF MEDICAL CHARACTER [№ 3 ' 2007]
Question investigation of binding production of legal-psychiatric examination is presented in this article as very important. Typical mistakes, originated in practice of legal-psychiatric examination setting at cases of compulsive measure using of medical character are analyzed here.

Mishchenko E.V.
THE PROBLEMS OF PRETRIAL PRODUCTION AT CASES OF USE OF MEDICAL CHARACTER COMPULSORY MEASURES [№ 3 ' 2006]
This article is devoted to the important problems of pretrial production at cases of use of medical character compulsory measures, where the subjects of these measures use are persons, committed an action in state of irresponsibility.

Mischenko E.V.
PROCEDURAL AND PSYCHOLOGICAL PECULIARITIES OF UNDER-AGE ACCUSED EXAMINATION [№ 3 ' 2005]
The procedural peculiarities regulated with criminal procedural law of order of proceedings conduct at some categories of criminal case are regarded in this article.

Mischenko E.V.
SOME ASPECTS OF PROCEDURAL ACTIVITY OF DEFENSE LAWER IN UNDERAGE CASES [№ 3 ' 2004]
The article considers up to date matters of defense lawyer participation in underage cases proceedings. Infant (teenage, underage) age as it is determines the proceeding's peculiarity and also that the person has special psycho physiological and social features of personality, life changes inadaptability. The article pays attention to problem questions of underage rights defense.


Editor-in-chief
Sergey Aleksandrovich
MIROSHNIKOV

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© Электронное периодическое издание: ВЕСТНИК ОГУ on-line (VESTNIK OSU on-line), ISSN on-line 1814-6465
Зарегистрировано в Федеральной службе по надзору в сфере связи, информационных технологий и массовых коммуникаций
Свидетельство о регистрации СМИ: Эл № ФС77-37678 от 29 сентября 2009 г.
Учредитель: Оренбургский государственный университет (ОГУ)
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