scholarly journals Commenting the article by P.Y. Kantor: сounter-arguments

2016 ◽  
Vol 6 (1) ◽  
pp. 9-17
Author(s):  
F.S. Safuanov ◽  
S.N. Shishkov
Keyword(s):  
Mental Disorder ◽  
Point Of View ◽  
Legal Norm ◽  
Psychiatric Examination ◽  
Civil Proceedings ◽  
Forensic Psychiatric ◽  
Psychological Knowledge ◽  
Legal Capability ◽  
Legal Consequences

The article presents objections to the arguments set out in article «Revisiting an issue of mandatory assignment of complex forensic psychological and psychiatric examination of legal capability: pro arguments» by P.Yu. Kantor in favor of legislative recognition of mandatory complex forensic psychological and psychiatric examination of legal capability in the case of adjudge a citizen incapable due to mental disorder. From the point of view of the theory and methodology of complex forensic psychological and psychiatric examination, the authors inappropriately constrict competence limits of forensic psychiatrists and ignore the possibility and the need to integrate medical and psychological knowledge in forensics. P. Yu. Kantor’s theses about the total dominance of psychiatric examinations in civil proceedings and a painful and humiliating for subject forensic psychiatric examination in Russia are objectionable. The present paper shows negative organizational and legal consequences of this legal norm and proposes a wide interdisciplinary discussion on the problem.

scholarly journals A new approach regarding to the recognition of an individual incapable

2021 ◽  
pp. 159-164
Author(s):  
I.Yu. Tatulich
Keyword(s):  
Legal Status ◽  
Court Decision ◽  
New Approach ◽  
Psychiatric Examination ◽  
Direct Participation ◽  
Civil Proceedings ◽  
Mandatory Participation ◽  
Forensic Psychiatric ◽  
The Right ◽  
Judicial Protection

The article is devoted to the analysis of the procedural order of consideration and resolution of cases related to the change of an individual’s legal status, namely - recognition of an individual incompetent. The article analyzes the updated procedure for declaring an individual incompetent. The author of the article draws attention to the fact that the legislator has expanded the range of litigants in this type of proceedings; has provided for the possibility of direct participation of the person in respect of whom the proceedings for recognition of his/ her incompetence were initiated, both in-person and his/ her participation in the case through a videoconference from the medical institution where such person is at that moment; has set the terms of the court decision on declaring an individual incompetent, for not more than two years; has granted the right to certain entities to apply for an extension of the decision declaring an individual incompetent, which may be filed no later than fifteen days before the end of two years; has granted a person who was declared incompetent the right to apply to the court with a request to cancel the court decision, etc.It is noted that the validity of a court decision declaring an individual incompetent, which is provided by law, requires certain clarifications. It is substantiated that the obligatory appointment of a forensic psychiatric examination during the consideration of the case and to confirm the request for extension of the decision validity also requires some clarification, depending on the individual’s state of disease. The author considers the views of scholars and practitioners regarding mandatory participation in the consideration of an individual’s incompetence cases and the cancellation of a court decision on such cases - a lawyer who will provide adequate judicial protection and effective civil proceedings. It is concluded that it is expedient to expand the range of entities authorized to initiate the issue of revoking a court decision declaring an individual incompetent, supplementing them with such a participant as a prosecutor, which in turn will guarantee access to court, promote fair judicial protection of rights, freedoms, and interests of the persons, making a lawful and reasonable decision.

scholarly journals Special features of the outpatient forensic psychiatric examination in civil proceedings according to the Varna district court docket for the period 2007-2012

2018 ◽  
Vol 28 (4) ◽  
pp. 23-26
Author(s):  
A. Dzhordzhanova
Keyword(s):  
Psychological Research ◽  
Medical Documentation ◽  
District Court ◽  
Post Mortem ◽  
Psychiatric Examination ◽  
Case File ◽  
Civil Proceedings ◽  
Forensic Psychiatric ◽  
Object Of Study ◽  
The Individual

Summary: In recent years, in connection with reconsideration of the place of forensic psychiatry among other expert sciences, the apparent deficit of research in the field of forensic psychiatric examination methodology has been noted. The outpatient forensic psychiatric examination as well as other court expertises are procedural tools for collecting and verifying evidence in criminal and civil proceedings. The aim of the article is to examine the peculiarities of an outpatient expertise and the difficulties in preparing the post-mortem forensic psychiatric examinations in civil proceedings. Material: 327 individuals, certified by experts with subsequent judgments delivered by Varna District Court for the period 2007-2012, were examined. Methods: a specially designed card for collecting data from the certified individuals surveyed by: forensic psychiatric examinations, parts of disease histories, psychological research, and court decisions. Results: a post-mortem expert opinion is particularly complex due to the absence of the object of study and the conclusion is based on evidence from the case file. In a number of cases, a common difficulty in preparing post-mortem forensic psychiatric examination is the absence of medical documentation. The objectification of the status of the individual under examination during the act or during the conclusion of a civil act in such circumstances is significantly complicated and it is impossible to characterize the individual and the mental health. This raises the question of creating a national electronic database that provides timely and reliable access in case of preparation documents of expert significance, as well as a single institute for forensic expertise.

Where is semiotic-cultural constructivism in psychology heading? Contemporary reflections on the trajectory of an approach to cultural psychology

2021 ◽  
pp. 1354067X2110173
Author(s):  
Danilo Silva Guimarães
Keyword(s):  
Knowledge Construction ◽  
Cultural Psychology ◽  
Scientific Progress ◽  
Human Action ◽  
Point Of View ◽  
Cultural Experience ◽  
Ethical Implications ◽  
Psychological Knowledge ◽  
The Relationship

This article aims to discuss the relationship between personal cultural experience and knowledge construction in psychology, from the perspective of the Semiotic-Cultural Constructivism. The thoughts here presented are, at the same time, from within psychology and about psychology. The researcher is culturally situated and science is a field of production of cultural works that aims to create perspectives of knowledge about the world. Researchers can and must create some detachment from their field of study to be able to understand the course of their own knowledge constructions. This detachment is achieved through a historical–philosophical view on the theoretical–methodological propositions of their field of research. As a case study, we selected for analysis the field’s pioneer productions, from the years 1982 to 2004. The material showed that the rationality that characterizes scientific research is directed, in this field, to creating semiotic resources for further developing reflexivity in psychology, as a recursive and open-ended process. The theoretical–methodological work of the researcher concerns its own personal cultural experience and the tradition of the already constructed knowledge, selected to a dialogue about the ethical implications of human action. Therefore, advances in psychological knowledge construction cannot be addressed from an external, allegedly neutral point of view, focused on the efficacy of the instruments resulting from the said “scientific progress.”

A Medico-Legal Case

1896 ◽  
Vol 42 (176) ◽  
pp. 114-119
Author(s):  
Bonville B. Fox
Keyword(s):  
Point Of View ◽  
Legal Case ◽  
Legal Consequences

I venture to take up your time with a brief recital of this case for two chief reasons: (1) That its diagnosis was not too clear from a purely medical point of view, and (2) that grave legal consequences depended upon the acceptance or rejection of that diagnosis as correct. At the outset I confess that my view was decisively rejected. We all of us learn more from our mistakes than our successes, and I will try to tell the story as concisely as I can, and ask you to decide whether I was right or wrong, or how far the patient was responsible.

Dispositive Model of Active Legal Capacity of People with Mental Disabilities in France and Quebec in the Context of the Russian Civil Code Reform (Part II)

2021 ◽  
pp. 80-87
Author(s):  
Terdi E. S. ◽  
◽  
Skrynnik I. K. ◽  
Keyword(s):  
Mental Disorder ◽  
Legal Protection ◽  
Legal Regulation ◽  
Civil Code ◽  
Point Of View ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Legal Norms ◽  
Leading Role ◽  
Legal Method

The article is devoted to the problem of the inconsistency of the Russian imperative model of active legal capacity, according to which the content of active legal capacity in case of its restriction due to mental disability of a person is prescribed by the law, to the Convention on the Rights of Persons with Disabilities ratified by Russia in 2012. The purpose of the paper is to demonstrate the shortcomings of the imperative model, the main of which is the lack of authority of the Russian court to individually determine the consequences of restriction of active legal capacity of a person due to mental disorder, taking in account degree of actual decrease of his cognitive and volitional abilities. This purpose is achieved by the consistent implementation of the following tasks. First of all, characteristic of the Russian imperative model of active legal capacity is given. Secondly, the French dispositive model of legal capacity is described. In this model the forms of legal protection, but not the categories of active legal capacity, incapacitation and restricted active legal capacity are the backbone concepts for the legal regulation of this group of relationship. It is noted that under the influence of the Convention on the Rights of Persons with Disabilities the more progressive, from the point of view of international law, forms of this model are stipulated in many foreign countries. Thirdly, the evolved form of the French dispositive model of active legal capacity, implemented in the Bill 18 «An Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons», that was adopted by the National Assembly of Quebec in 2 June 2020, is analyzed. The main advantage of the latter is that the court, establishing the form of protection, is not bound by the legal norms that imperatively determine the content of active legal capacity of a person with mental disorder. The court is able, based on the cognitive and volitional abilities of particular person, to individually determine which acts person can perform by himself, alone or with the assistance of the tutor, and which one can be performed by the tutor only. The objectives of the study determine the leading role of the comparative legal method in its implementation. The provided research makes possible to assess the perspectives of borrowing of French or Quebec dispositive models of active legal capacity of people with mental disorder by the Russian legislator.

scholarly journals MEDICAL AND PROCEDURAL-LEGAL ASPECTS OF INPATIENT AND OUTPATIENT FORENSIC PSYCHIATRIC EXAMINATION

2020 ◽  
Vol 73 (7) ◽  
pp. 1533-1538
Author(s):  
Sandra Kaija ◽  
Inga Kudeikina ◽  
Nataliya Gutorova
Keyword(s):  
Medical Practitioner ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Procedure ◽  
Legal Doctrine ◽  
Psychiatric Examination ◽  
Legal Norms ◽  
The Subject ◽  
Forensic Psychiatric

The aim: The aim of the study is to define the legal framework of forensic psychiatric examination commissioned by the court in relation to the competence of medical practitioners and the position of the subject as a patient in the process of forensic psychiatric examination in order to determine the correlation of special legal regulation with criminal and civil procedure regulation and to make proposals for the enhancement of the legal regulation. Materials and methods: This study is based on the analysis of international law, medical civil procedure and criminal procedure legislation, juridical practice, medical law legal doctrine. The following methods were used in this research: the method of interpretation of legal norms, analysis of legal acts, and the induction-deduction method, upon which the conclusions were drawn and recommendations were provided. Conclusion: The current regulatory framework does not provide for the procedure by which the subject’s medical treatment is conducted during forensic psychiatric examination, nor does it determine the criteria for the admissibility of treatment of the persons concerned and the extent of treatment. During the examination, the medical practitioner who is in the expert’s procedural position in relation to the subject under examination in the particular examination should not carry out the treatment of the subject.

Speaking up for Superstition: A Note on The Ethics of Chinese Popular Belief

2014 ◽  
Vol 41 (5) ◽  
pp. 709-722
Author(s):  
Timothy H. Barrett
Keyword(s):  
Religious Life ◽  
Religious Practice ◽  
Point Of View ◽  
The Body ◽  
Practical Reasons ◽  
Speaking Up ◽  
Spirit World ◽  
To Come ◽  
Legal Consequences ◽  
Vast Area

Most Chinese religious practice and belief in times past, and even throughout much of the Chinese world today, falls into the still current category of superstition. Assessing the ethical notions that tend to obtain within this vast area of religious life is not easy, but it needs to be done for practical reasons, not least because the legal consequences of moral actions arising from the body of beliefs concerned are starting to come before courts outside China itself. Once the assumptions of a very different worldview affirming the existence of an unseen spirit world are taken into account, the deeds of believers in this worldview can be discussed from the point of view of ethics. Philosophers might do well to pay more attention to this topic.

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