Exercising the right to protection of persons with substance use disorders, addictive behavior

Abstract

The article explores the problem of the independent possibility exercise of the right to protection of persons with disorders caused by the use of psychoactive substances, addictive behavior and the need for mandatory application of paragraph 3 of Part 2 of Art. 52 of the CCP of Ukraine, according to which "mandatory participation of a defender is ensured in criminal proceedings against persons who, due to mental or physical disabilities (dumb, deaf, blind, etc.), are unable to fully exercise their rights - from the moment of their establishment", in cases involving such persons and, accordingly, the establishment of defects which indicate an inability to fully exercise their right. The purpose of the article is to investigate the issue of exercising the right to protect persons with disorders caused by the use of psychoactive substances, addictive behavior. The author analyzed the legal position of the Supreme Court and scientific developments in this area and made a comparison of their conclusions. In addition, the results of the study of patients diagnosed with "mental and behavioral disorders due to alcohol consumption, addiction syndrome" are presented to support the arguments. The analysis uses the results of the study of patients who were examined and treated at the narcological ward of the Odessa Regional Clinical Psychiatric Hospital №1, partially reflecting psychiatric and behavioral disorders that result from substance abuse, addictive behavior. The conclusion is made on the basis of the stated data on the obligation to apply paragraph 3 of Part 2 of Art. 52 of the CCP of Ukraine in cases where the defendant is a person with disorders caused by the use of psychoactive substances, addictive behavior. Psychological defects of a person with disorders caused by the use of psychoactive substances, addictive behavior alone are not confirmation of the inability of the accused (convicted) to fully exercise their rights, and, accordingly, the mandatory application of paragraph 3 of Part 2 of Art. 52 of the CCP of Ukraine, because the perception of a person with disorders caused by the use of psychoactive substances, addictive behavior reflects the reality to the extent that is sufficient to create the preconditions for complete intellectual activity. The of substantiated that the issue of the application of Clause 3 Part 2 of art. 52 The CPC of Ukraine must be addressed based on a complex of circumstances of the case, not only in the presence of evidence of the stay of persons on special accounts and on inpatient treatment with the diagnosis of "disorder of mentality and behavior as a result of narcotic drugs, Psychotropic substances, their analogues or precursors".