March 2015, № 3 (178)

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 CHARACTERIn 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.Key words: the personality, the person having a mental disorder, coercive measures of medical character, legal status, honor, advantage.

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About this article

Author: Mishchenko E.V.

Year: 2015

Editor-in-chief

Sergey Aleksandrovich
MIROSHNIKOV

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