Some aspects of providing psychiatric aid for a person in compulsory order according to the civil procedural legislation of Ukraine

Abstract

The article examines some aspects of providing psychiatric aid for a person in compulsory order according to the civil procedural legislation of Ukraine. In particular, the current legal norms, which regulate the procedure for conducting a psychiatric examination, providing outpatient psychiatric care, and hospitalization in a psychiatric care facility in the event that a person does not gives his informed consent to this, are analyzed.An analysis of the proposed legislative initiatives in this direction was also carried out, based on the relevance of the issue of ensuring the rights of persons with signs of a mental disorders.
 It has been established that providing psychiatric aid for a person in compulsory orderpredictedto a person in compliance with the Law of Ukraine «On Psychiatric Care» and in accordance with the provisions of the Civil Procedure Code of Ukraine. At the same time, consideringto certain imperfections, some of it’s norms need to be updated, which is due to the need to respect the rights of the individual, the patient, as well as the presumption of mental health.
 The legislative initiatives considered in the article regarding to the optimization of civil procedural legislation, which provide for the expansion of the list of subjects of appeals to the court with an application for compulsory psychiatric examination of a person, are fully justified and expedient. However, the provisions regarding the capabilityof an opportunity to carry out a preliminary assessment of a person's mental state by a doctor with any medical specialty, as well as the extension of the deadline for considering an application for a compulsory psychiatric examination of a person, which excludes the urgency of providing psychiatric aid for a personwithouthis informed consent, are debatable.
 The legislators took into account certain problematic aspects that arise in the course of civil proceedings during the consideration of the specified category of cases, however, it would be expedient to provide into the norms of the current legislation effective mechanisms for observing the confidentiality and safety of persons with signs of a mental disorder, as well as to establish the right of a person who is providedcompulsory psychiatric care (or its representative) to refuse such care.