[PROBLEM OF ENSURING THE RIGHT TO MEDICAL CARE OF A DETAINEE (DETAINED IN CUSTODY) WITHIN CRIMINAL PROCEEDINGS:...

Area of Science:

• Law
• Criminology
• Human Rights

Background:

• The right to medical care for detainees is a critical human rights issue within criminal proceedings.
• Existing Ukrainian legislation presents challenges in effectively guaranteeing this right for individuals in custody.

Purpose of the Study:

• To scientifically analyze the challenges in providing medical care to detainees in Ukraine.
• To compare Ukrainian practices with those of other nations to identify areas for improvement.
• To develop recommendations for legislative and practical enhancements.

Main Methods:

• Utilized general scientific, special, and legal research methodologies.
• Employed questionnaires for interviews with National Police officers and lawyers in Ukraine.
• Applied analytical methods to identify root causes of medical care provision issues.
• Used comparative law analysis to contrast Ukrainian legislation with international standards.

Main Results:

• Identified significant problems in ensuring the right to medical care for detainees under Ukrainian criminal proceedings.
• Comparative analysis revealed shortcomings in Ukrainian criminal procedural law relative to international norms.
• Survey data highlighted specific obstacles faced by law enforcement and legal professionals.

Conclusions:

• Concluded that Article 42 of the Criminal Procedure Code of Ukraine needs supplementation.
• Recommended including provisions for appropriate medical care, free physician choice, and independent medical examinations for detainees.
• Legislative changes are expected to reduce human rights violations, align with EU standards, and minimize ECHR claims against Ukraine.