SEVERE PAIN AND SUFFERING AS EFFECTS OF TORTURE: DETECTION IN MEDICAL AND LEGAL PRACTICE.

The aim of the study is to identify the features and to determine the relationship between medical and legal (investigative & judicial) practice on detection of the torture effects. It is emphasized that the paper is a continuation of the thesis study on the criminal law problems of torture, which were prepared by the Department of Criminal Law No. 1, Yaroslav Mudryi National Law University, Kharkiv, Ukraine. During the preparation of this article, the following material were used: the publications issued by the centers for rehabilitation of torture victims, specialized medical journals, manuals for physicians, publications by the IASP and the Ukrainian Association for the Study of Pain, explanations by leading specialists of Bogomolets National Medical University, Kyiv, Ukraine, Danylo Halytsky Lviv National Medical University, Lviv, Ukraine, UN reports, OHCHR official explanations, international treaties on prohibition of torture, criminal codes of post-Soviet countries. The empirical basis of the study was provided by 41 final decisions of the court on torture cases of taken since 2014 till 2019. To achieve the aim of the study the analysis and induction methods, as well as statistical and systemic methods were applied. According to the results of the study, it is concluded that only the joint medical and legal detection of severe pain and suffering is the key to the correct solution of the issue of presence or absence of the torture effects. It is noted that neither medical nor law enforcement assessments are self-sufficient and require addition of the mutual contexts. Attention is drawn to the fact that development of the guidelines on the joint medical and legal detection of severe pain and suffering is one of the main tasks for the scientific community. It is proved that the peculiarity of medical practice on detecting the effects of torture consist of is the need to determine both statutory (severe pain and suffering) and "remote" (physical, psychosomatic and mental) effects of this crime. The reasonable arguments are put forward that the specificity of legal (investigative & judicial) practice in detection of severe pain and suffering (as effects of torture) is associated with the need to use a wide range of tools: scientific and legal methods used for determination of severe pain and suffering, medical reports on intensity of pain and suffering, medical documentation on fixation of "remote" effects of torture, reports on forensic, psychological and psychiatric examinations, testimonies and protocols of interrogation of the victim and witnesses, protocols of inspection of crime-committing scene, search, investigative experiment, inspection of material evidence, etc.

[MEDICAL AND LEGAL ASPECTS IN PROOF OF RAPES].

The purpose of the study is to analyze new edition of the article 152 of the Criminal Code of Ukraine «Rape¼, which was adopted with the aim of implementing the Council of Europe Convention on preventing and combating violence against women and domestic violence. The analysis was carried out in terms of the possibility of implementing legal definitions in evidence, taking into account the fundamental medical scientific provisions related to sexual relations. The authors, taking into account the study of more than 100 sentences handed down by the courts of Ukraine in 2010-2018 in criminal cases of rape from the point of view of using medical knowledge in evidence, found a significant change in the objective side of rape, which affected the subject of evidence in criminal proceedings. Now rape is defined as committing acts of a sexual nature associated with vaginal, anal or oral penetration into the body of another person using the genitals or any other object, without the voluntary consent of the victim. A significant change in the rape modus operandi leads to a number of problematic issues in the practical application of these provisions by law enforcement agencies and courts. These issues can be solved, according to the authors' opinion, only by taking into consideration medical and legal aspects of rape. The medical aspect of rape is very important because the concept of rape is legal, but its interpretation is based on the use of medical concepts. The concept of "committing acts of a sexual nature associated with vaginal, anal or oral penetration into the body of another person using the genitals or any other object" is analyzed taking into account the existing and well-established in Forensic Medicine notions of sexual intercourse. The legal aspect of rape is not only to give a legal interpretation of the medical facts of committing sexual acts, but also to establish the absence of the voluntary consent of the victim. The problem of false statements about rape is analyzed, possible indicators of such statements are identified. This problem is quite topical in many countries with a similar interpretation of rape. It is concluded that the medical and legal aspects of rape are closely interrelated, since mechanism of this crime is based on physiological sexual act that is subject to legal assessment.