INTERNATIONAL LAW AND COGNITIVE APPROACH AS SOURCES OF LEGAL REGULATION OF PARTICIPATION IN THE CRIMINAL PROCEEDINGS OF THE PERSONS WITH MENTAL DISORDERS

The article raises the question of the need for legal regulation of participation in criminal proceedings of persons suffering from mental disorders. The principles of legal protection of incapacitated adults recommended by the Committee of Ministers of the Council of Europe in the context of the Russian criminal procedure legislation are considered. The application of cognitive approach in the formation of the legal status of participants in criminal proceedings from among persons suffering from mental disorders, including taking into account certain recommendations contained in the norms of the Model code of Criminal procedure for the member States of the Commonwealth of Independent States. The importance of taking into account international legal norms in the formation of national criminal procedure legislation as one of the most important sources of law, which corresponds to the clauses of the Constitution of the Russian Federation. The comparative legal analysis of settlement of questions of participation in criminal process of the persons having mental disorders and violations of work of cognitive functions is given: the norms of the Model code of Criminal procedure for the member States of the Commonwealth of Independent States and the Criminal procedure code of the Russian Federation. With the help of official statistics, attention is drawn to the risks of involvement in criminal proceedings of persons with limited cognitive abilities as a result of their mental disorders. As a consequence, persons who, as a result of mental disorders, have cognitive impairment, leading to the limitation of their cognitive abilities, initially do not have the opportunity to exercise their rights and perform their duties as participants in the criminal process. Given the importance of respect for human rights in General, and in criminal proceedings in particular, it is concluded that it is necessary to bring into line with the spirit and letter of international law norms of the Criminal procedure code of the Russian Federation.

criminal proceedings, participants in criminal proceedings, legal status, guarantees of legal status, international law, human rights, mental disorders, cognitive functions, limited cognitive abilities, criminal procedure legislation.

Kurbatova S. M. International law and cognitive approach as sources of legal regulation of participation in the criminal proceedings of the persons with mental disorders. Business. Education. Law, 2019, no. 4, pp. 371–377. DOI: 10.25683/VOLBI.2019.49.448.