Siberian Journal of Life Sciences and Agriculture (Dec 2021)
CONCEPTUAL ASPECTS OF PRODUCING A MEDICAL EXAMINATION IN JUDICIAL APPEAL OF CONCLUSIONS HAS BEEN IMPLEMENTED ON THE RESULTS OF A MILITARY EXPERTISE
Abstract
Background. The activities of military medical examination bodies is a relevant subject of research, since by their medical and legal nature they affect a wide range of citizens who are undergoing military service (service in law enforcement agencies). In relation to these persons, according to the results of a medical examination and medical examination, military medical commissions issue various types of conclusions. Since the above conclusions are a document affecting the rights and freedoms of these persons, the scope of guarantees and compensations provided depends on these decisions, they (decisions, conclusions) are subject to appeal in administrative and civil proceedings. Accordingly, the resolution of these issues may become the subject of various medical examinations in court. When conducting a military medical examination in court, the courts may encounter practical law enforcement difficulties associated with the lack of regulation of this issue in the legislation governing the conduct of military medical examination. Materials and research methods. Based on the application of the methods of comparative jurisprudence, systemic and structural-functional analysis, the scientific literature, regulatory legal acts and court decisions on the issues of judicial appeal against the conclusions of the military medical examination are consistently studied. The analysis also examines the aspects of the appointment of a military medical examination in court, the features of the actions of the conclusions of military medical commissions in this case and their assessment as evidence in the implementation of legal proceedings. Results. Based on the study of scientific literature, the requirements of regulatory legal acts and law enforcement practice, it is proposed to amend the Regulations on military medical examination, in order to resolve the issues of issuing an opinion by the military medical commission, in the event of a military medical examination in court. ... Currently, the specified procedure is not defined, which leads to practical difficulties for the law enforcement officer. Conclusion. The proposed amendments to the Regulations on military medical expertise will fully resolve the issue of appointment and conduct of military medical expertise in court, as well as determine the scope of such conclusions and compensation for the cost.
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