THE PROCEDURAL ORDER OF EXAMINATION AND RESOLUTION OF REQUESTS FOR FORCED FEEDING OF THE SUSPECT, THE ACCUSED, TO WHOM PREVENTIVE MEASURE IN THE FORM OF CUSTODY HAVE BEEN APPLIED BY THE INVESTIGATING JUDGE AND THE COURT: THE ISSUES OF THE QUALITY OF THE L

Abstract

The article is devoted to the analysis of the normative regulation of the procedural order of examination and resolution of requests for forced feeding of persons kept in custody by the investigating judge and the court in accordance with the Law of Ukraine No. 2429-IX, assessment of the quality of the relevant legislation and determination of possible ways of its improvement. International standards in the field of treatment of persons in prison and on hunger strike were studied. The fundamental principles regarding the provision of medical assistance to persons who have declared a hunger strike contained in the Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (approved by the resolution of the UN General Assembly of December 18, 1992 No. 37/194), Recommendation No. R (98) 7 (1) of the Committee of Ministers to member states concerning the ethical and organizational aspects of health care in prison and WMA Declaration of Malta on hunger strikers were analyzed. An analysis of the relevant practice of the European Court of Human Rights regarding compliance of forced feeding with the provisions of Art. 2.3 of the Convention on the Protection of Human Rights and Fundamental Freedoms, on the basis of which the main criteria are identified, in the presence of which the application of such a measure to a person is a legitimate interference with his rights and freedoms. It was analyzed the state of normative regulation of the procedural order of examination and resolution of requests for forced feeding of the suspect, the accused, to whom the preventive measure in the form of detention was applied, established by Art. 2061 of the Criminal Procedure Code of Ukraine as amended by Law of Ukraine No. 2429-IX. A number of proposals have been formulated for its improvement and harmonization with international standards in the field of treatment of persons who have declared a hunger strike in conditions of deprivation of liberty.