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; USE OF SPECIAL MEDICAL KNOWLEDGE BY A PRACTITIONER DURING INTERACTION WITH INVESTIGATOR IN THE INVESTIGATION OF
Abstract:
The article deals with issues related to the use of specialist medical knowledge by a specialist in the investigation of illegal medical activities. The procedural status of a specialist in criminal procedural legislation of Georgia, Ukraine and certain EU countries has been carried out. The analysis of forms and directions of the use of special knowledge in the course of interaction with the investigator, allows to establish a special value for the process of proving the involvement of a specialist in the field of medicine to conduct procedural actions. It was found that by means of special medical knowledge in the course of the investigation there will be more chances to establish the circumstances to be proven, to properly record the evidence and to increase the effectiveness of the procedural action. Based on the consultations with a medical specialist, in the course of organizational and technical cooperation with the investigator, it will help to identify all circumstances that will influence the qualification of the person's actions in conducting illegal medical activity. On the basis of comparison with the Ukrainian legislation, the role in the form of involvement in procedural actions is determined; coverage of procedural and forensic aspects of using specialist medical knowledge by a specialist. Emphasis is placed on procedural interactions between the investigator and the medical specialist by involving his investigative (search) actions, such as: review of scene of action, search, interrogation and investigative experiment. While characterizing the non-procedural form of interaction between the investigator and medical specialist, the role of the latter in providing consultations on the preparation and conduct of individual procedural actions, reference and advisory assistance regarding the availability of special medical knowledge and consequences resulting from treatment, as well as in formulating questions during the appointment of forensic investigations during the investigation of illicit medical activities has been established.
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