[PARTICIPATION OF A DOCTOR IN THE INTERROGATION OF A MINOR AS A MANDATORY LEGAL NORM IN THE LEGISLATION]

Area of Science:

• Comparative Law
• Criminal Procedure
• Child Psychology

Background:

• Children's right to health is constitutionally protected in Ukraine and Georgia, reinforced by international legal acts.
• Existing criminal procedure norms in both countries exhibit imperfections in defining terms and implementing rights related to child protection.
• Vulnerability of minors necessitates specific legal and medical safeguards during interrogations.

Purpose of the Study:

• To conduct a comparative legal analysis of Ukrainian and Georgian criminal procedure legislation concerning doctor's participation during minor interrogations.
• To determine the necessity and expediency of mandatory medical professional involvement in interrogating children.
• To propose improvements to criminal law norms in Ukraine and Georgia for enhanced child protection.

Main Methods:

• Comparative legal study of criminal procedure codes of Ukraine and Georgia.
• Analysis of international legal acts pertaining to child rights and healthcare.
• Consideration of pediatric methods and child psychological development characteristics.

Main Results:

• Current legislation in Ukraine and Georgia lacks clear mandates for doctor participation during minor interrogations, leaving it to official discretion.
• Both legal systems share commonalities in interrogating minors, involving parents, teachers, and doctors, but lack mandatory medical presence.
• Identified imperfections in legal definitions and implementation methods hinder the realization of children's right to full legal and medical protection.

Conclusions:

• Amending criminal procedural legislation in Ukraine and Georgia is essential for clearer regulations on doctor involvement in judicial actions with minors.
• Mandatory participation of a doctor (pediatrician or child psychiatrist) during interrogations will better protect children's health and rights.
• Legislative changes will align national laws with international principles of healthcare and legal protection for children.