13.4 Object and subject of forensic psychiatric examination

In accordance with the current legislation, the object of the forensic psychiatric examination are persons in respect of whom certain civil disputes are resolved - plaintiffs and defendants, persons in respect of whom the issue of disability and incapacity and the need to use guardianship is being resolved. When conducting a forensic psychiatric examination, the subject’s mental state is examined not only at the time of the examination, but also for a period of expertly significant situations. For this, the materials of the civil case characterizing the subject's personality, medical records from psychiatric and somatic medical institutions are analyzed.

The main feature of the forensic psychiatric examination in a civil process is the need for a differentiated approach to the question of the ability of the test person to understand the significance of their actions and direct them in relation to various legal acts relating to different periods of time. Depending on the nature of the legal act or the claim being made, this requires a retrospective, relevant or prognostic assessment of the mental state of the test person. The forensic psychiatric report on the mental state of the subject of interest to the court should be based on an analysis of the complex of clinical, socio-psychological and everyday characteristics. In determining the ability of a test person to understand the significance of his actions and guide them in the situation under study, not only clinical, but also psychological factors (adequacy of emotional reactions, adaptive possibilities, motivation of actions, consistency of claims and perfect transactions) should be taken into account.

The subject of forensic psychiatric examination is determined differentially and depends on the plot of a civil case.

The subject of forensic psychiatric examination in the recognition of a citizen as incapable is the assessment of his mental state in the prognostic aspect.

According to Art. 29 GC a citizen who, due to mental disorder or dementia, cannot understand the meaning of his actions or direct them, may be declared incapable by the court in the manner prescribed by the Code of Civil Procedure, and guardianship is established over him.

The recognition of a citizen as incapable is subject to the forced change of his legal status:

- property transactions committed by an incompetent citizen, in accordance with Art. 171 GK are considered void;

- A marriage committed by an incapacitated citizen is considered invalid;

- An incompetent citizen may be placed in a psycho-neurological orphanage, including apart from his desire.

Due to the fact that the recognition of a citizen as incapable is an invasion of his legal status, the law determines the need to ensure maximum guarantees and protect the rights and interests of such persons. The law establishes that no one can be deprived of legal capacity other than in court. Thus, capacity and disability are legal categories within the jurisdiction of the court.

Since the recognition of a person as incapable affects the essential rights and interests of a citizen, the law provides that the right to initiate a case has a limited circle of persons and organizations. The case of recognizing a citizen as incapable may be initiated upon the application of members of his family, trade unions and other public organizations, a prosecutor, a guardianship and trusteeship body, a psychiatric medical institution (part 2 of article 281 of the Code of Civil Procedure).

An application for the recognition of a person as incapable is submitted to the court at the place of residence of this person, and if it is placed in a psychiatric institution, then at the location of this medical institution (Part 4 of Art. 281 GIC). The statement on the recognition of a citizen as incapable must state information about his mental disorder, which deprives him of the ability to understand the significance of his actions and direct them (part 2 of article 282 of the Code of Civil Procedure).

Cases of this category are considered with the obligatory participation of the prosecutor, who must participate in the case and give an opinion on it, even if it is not he who initiated the case. Obligatory participation in the case and the tutorship and guardianship, which is associated with the implementation of state functions for the protection of the rights and interests of citizens (part 1 of article 284 of the CCP). A citizen in respect of whom the question of declaring him incapable is being considered may be involved in the case, if this is possible according to his state of health (part 1 of article 284 of the CCP). The law does not provide for the obligatory summoning of a psychiatric expert to a court session. However, when the court has reason to doubt the validity of the forensic psychiatric examination, and especially in cases where the person in respect of whom the case of declaring him legally incapable is initiated, due to his state of health, he can testify and be summoned in court. an expert psychiatrist is needed.

In addition to the applicants initiating the case, "interested persons" are involved in the case of recognizing a citizen as incapable. First of all, they include linden, in relation to the legal status of which the case has been initiated. These persons have a direct substantive interest in the matter, since the decision of the case directly affects their legal status.

A judge during the preparation of a case for a trial, if there is enough data on whether a citizen has a mental disorder, appoints a forensic psychiatric examination (Article 283 CCP) to determine his mental state. A forensic psychiatric examination when deciding on the issue of capacity (incapacity) is mandatory. Forensic psychiatric examination in these cases solves the question of the relationship between the mental state of a person (medical criterion for a disability formula) and his ability to understand the significance of his actions and direct them (legal criterion for a disability formula). Only the presence of a mental disorder is not a basis for deciding whether a citizen is incapable. We illustrate this with an example.

Examined V., 82 years old, is sent for examination to solve questions, can she, by her mental state, currently understand the significance of her actions and direct them and does she need to establish guardianship?

It is known that V. grew up in difficult material and living conditions, graduated from four classes of secondary schools, worked all her life on the collective farm as a laborer and a milkmaid. She was married, the only son died in the war. From 57 years old V. retired. She lived alone in her own house, kept livestock and poultry. After 60 years, she stopped doing housework, issued a will for a house to her niece. For the last three years, she began to sleep poorly, expressed to the neighbors the fear that she might be robbed and killed, she became hot-tempered, irritable, quarreled with her neighbors, accused them of knocking on her windows at night, poisoning her dog. When examined by a psychiatrist who was called by his neighbors, no gross intellectual-mental disorders were detected, the diagnosis of "senile paranoia with hallucinatory episodes" was established. Therapy was prescribed, all the appointments of a psychiatrist carefully performed. She became more balanced in communicating with her neighbors, despite her age, kept poultry, performed all the necessary homework. However, the niece had a conflict relationship, expressed in her address claims that she does not help her either physically or financially, there was a desire to rewrite the will on the house to another person.

A niece filed a lawsuit in court to declare V. incompetent and establish guardianship over her. When conducting a forensic psychiatric examination, V. was correctly oriented, called the current date, her age, correctly dated the basic facts of her life, remembered the names of the medicines she took. During the interviews she said that several years ago her neighbors knocked on the windows at night, interfered with sleep, poisoned her dog. She notes that since the medication prescribed by the doctor began to take, the behavior of her neighbors has changed and her relations with them have normalized. She feels better, ceases to be “afraid,” sleep has returned to normal. Negative attitude to the niece, believes that she should help her with the housework and money, because she wrote a will on her house. The intellect is low, thinking is somewhat slow in pace, emotionally labile. In general, he critically assesses his mental state and situation, his practical orientation is not disturbed. The expert commission concluded that V. suffers from a chronic mental disorder in the form of an organic disease of the brain of vascular origin (cerebral atherosclerosis, hypertension) with mental changes and periodic psychotic episodes in history, which, however, does not deprive V. of the ability to understand its meaning action and lead them now.

As can be seen from this observation, the presence of periodic psychotic episodes in the framework of organic brain damage is not an unconditional reason for declaring a citizen incompetent. Psychotic states observed in the past with delusional ideas of persecution and poisoning, hallucinatory deceptions of perception were easily stopped by adequate therapy, and mental disorders identified in the surveyed did not reach a degree that would affect her ability to understand the significance of her actions and direct them.

The absence of a forensic psychiatric examination in the case of a case is considered in judicial practice as an unconditional reason for the annulment of a court decision recognizing a person as incapable. If the person in respect of whom the case is initiated evades the forensic psychiatric examination, the court at the court hearing with the participation of the prosecutor and the psychiatrist can make a decision about his forced referral to the forensic psychiatric examination (art. 283 CCP ), i.e. . the question of the compulsory referral for examination cannot be decided by the judge alone.

Over persons recognized as incapable, guardianship is established (part 2 of article 285 of the CCP). Guardians may be appointed only capable citizens of full legal age. The main task of guardianship in accordance with Art. 31 GK is the protection of the rights and interests of incapable persons. Guardianship is regulated by the Civil Code, the UK, and the Federal Law of April 24, 2008 No. 48-ФЗ "On Guardianship and Custody". According to Art. 31, 32, 35, 36 GK guardians are the legal representatives of persons under guardianship. As legal representatives of the ward, guardians are entitled to dispose of the income of the ward of a citizen on their own, if these expenses are directed to the maintenance of the ward himself and are carried out with the prior permission of the guardianship and trusteeship body. Guardians may perform on behalf of the beneficiaries and only in their interests all the necessary legal actions and civil law transactions. They are obliged to take care of the maintenance of persons under guardianship, to provide them with regular medical observation and, if necessary, treatment. They are required to provide the necessary care, protect the rights and interests of the wards. At the same time, they must ensure that persons under guardianship do not violate the rights and interests of other citizens.

In accordance with Art. 37 GC for the actions of guardians at the disposal of the property of the wards established control by the guardianship authorities. To ensure the protection of the rights and interests of the wards, without the prior consent of the tutorship and guardianship authorities, guardians are not allowed to make transactions that entail a reduction in the property of the ward. Only with the prior consent of the tutorship and guardianship body can the funds of the ward be spent.

If the ward has immovable or valuable movable property that requires special care and management, the guardianship and trusteeship body may determine the manager and enter into an agreement with him on the trust management of such property (Article 38 of the Civil Code).

A court decision recognizing a citizen as incapable may be appealed on a general basis in cassation or protested by a prosecutor.

Since the recognition of a citizen as incapable is not indefinite, since the mental state of a person recognized as incapacitated may improve or he may even recover, it becomes necessary to restore the legal status of a citizen and his capacity. The law provides that the recognition of a citizen as capable is possible if the grounds by virtue of which the citizen was found incapacitated disappeared (clause 3 of Article 29 of the Civil Code).

The recognition as capable of a person who has previously been declared incapable is carried out in an independent process and is governed by clause 3 of the art. 29 GK. The right to apply to the court for the recognition of a person previously recognized as incapable by a person who is legally capable has interested persons, including the guardian (part 2 of article 286 of the Code of Civil Procedure). The most often question of the recognition of a citizen as capable is put in psychiatric medical institutions. The application is filed according to the rules of jurisdiction (at the place of residence or at the location of the medical institution where it is located). Thus, the application for restoration of legal capacity does not necessarily have to be considered by the court that previously passed the decision on incapacity. This case is also considered with the mandatory participation of the prosecutor and a representative of the guardianship and trusteeship bodies.

Having accepted the application to the proceedings, the court, in order to prepare the case for the trial, must request and attach to the case a copy of the court decision, which the citizen was declared incapable of. In deciding whether to restore the capacity of a citizen, a forensic psychiatric examination is necessary. Examination in these cases is appointed according to the general rules by the court.

Having established that a person who had previously been declared incapable, recovered, or was in a state of mental health, had a significant improvement, as a result of which the citizen regained the ability to understand the significance of his actions and direct them, the court makes a decision recognizing the person to be competent. On the basis of a court decision, the guardianship established over a citizen is canceled (part 2 of article 286 of the Code of Civil Procedure).

In recent years, in the new economic conditions, there have been frequent cases of violations of the civil rights of substance abusers (SAS), as well as their family members. Being under the influence of surfactants. these persons are unable to defend their property interests and become the object of manipulation by various kinds of fraudsters.

The practice of the courts shows that in recent times there have been more and more cases of recognition of a legal transaction (usually a real estate purchase and sale) invalid on the basis that one of the participants in the transaction was intoxicated by a surfactant or in a state " binge drinking. " This turns out to be the subsequent subject of forensic psychiatric expert research in the framework of the trial.

According to the modern views of the forensic psychiatry on this problem, despite the mental disorders and especially the disorder of critical abilities that are present, a person in a state of simple alcoholic or nonpsychotic forms of drug intoxication retains the ability to understand the significance of his actions and direct them. And this means that all legal transactions concluded by him in such a state cannot be considered invalid by the criterion of a painful disorder of mental activity. In this state of affairs, the only measure that to some extent protects the interests of both the patient with chronic alcoholism or drug addiction and his family is the recognition of such persons with limited ability.

According to Art. 30 GK, if an adult citizen abuses alcohol or narcotic drugs and thereby puts his family in a difficult financial situation, he may be limited in legal capacity. From the moment a court decision about this comes into effect, this person establishes guardianship (Part 1, Art. 285 GIC).

Establishing the limited legal capacity of alcohol or drug abusers has two goals. On the one hand, it is one of the indirect measures to combat alcoholism and drug addiction, and on the other hand, it protects the interests of people who, to one degree or another, depend materially on a patient with a narcological disease. In the case when the court receives objective evidence about the termination of this person's abuse of alcohol or drugs, he is entitled to fully restore his capacity.

Учитывая тот факт, что ограничение дееспособности совершеннолетнего гражданина является существенным вторжением в его правовой статус, установление ее законом допускается при наличии на то серьезных оснований. Предпосылки вынесения такого решения носят исключительно социальный характер и не имеют отношения к медицинским аспектам проблемы алкоголизма и наркомании.

Первым и необходимым условием для постановки вопроса об ограниченной дееспособности лица в судебном порядке является факт злоупотребления им спиртными напитками иди наркотическими веществами. ГК не оговаривает обязательное наличие у данного лица хронического алкоголизма или наркомании, а также диспансерный учет в связи с этим. Лишь чрезмерное и систематическое употребление спиртного, которое находится в противоречии с интересами семьи и приводит к тяжелому материальному положению, дает право на ограничение дееспособности данного лица.

Причинно-следственная связь между фактом злоупотребления лицом тем или иным ПАВ и тяжелым материальным положением его семьи является обязательным условием, поскольку основной целью признания лица ограниченно дееспособным является защита интересов семьи, которая материально от этого лица зависит.

Ограничение дееспособности граждан определяется судом в порядке, установленном ГПК. Как показывает практика, дела по признанию лиц ограниченно дееспособными возбуждаются, как правило, при обращении прокурора. Общественные организации, а также органы опеки, попечительства, психиатрические лечебные учреждения редко используют предоставленное им законом право обратиться в суд по такого рода делам.

В ГПК определены требования, которым должно соответствовать заявление об ограничении дееспособности (ч. 1 ст. 282 ГПК). В нем излагаются факты, подтверждающие, что данное лицо чрезмерным и систематическим злоупотреблением спиртными напитками ставит свою семью в тяжелое материальное положение. В связи с этим суды должны располагать следующими материалами:

- the statements of the applicants, reflecting the facts of excessive alcohol abuse, as a result of which the family of the person suffers material damage;

- materials on violations of public order by this person;

- act of examination of material living conditions;

- documents on the composition of the family, certificate of earnings, characteristics of the place of work;

- The act of medical examination on the presence of the person signs of chronic alcoholism or addiction to alcohol abuse.

Решение суда, вынесенное только на основании медицинского заключения о наличии у данного лица признаков хронического алкоголизма и наркомании, неправомерно, поскольку подобное решение в соответствии сост. 30 ГК допускается только при условии, что тяжелое материальное положение семьи связано со злоупотреблением им спиртными напитками независимо от того, есть ли у него признаки хронического алкоголизма или нет.

Обследуемый М., 48 лет, направлен на экспертизу в связи с иском жены о признании его ограниченно дееспособным. М. имеет высшее медицинское образование, работал врачом реанимационной бригады на машине "скорой помощи", по работе характеризовался высококвалифицированным специалистом. Женат, имеет взрослую дочь, которая живет отдельно, и двух детей подросткового возраста (11 и 12 лет). Последние 10 лет злоупотребляет алкоголем, стал пропускать работу без уважительной причины, несколько раз увольнялся с работы за прогулы, но в связи с прошлыми заслугами и высокими профессиональными качествами вновь восстанавливался на той же работе. Последние три года в связи со снижением профессионального уровня работает на той же работе санитаром. Ежедневно употребляет алкоголь с больших количествах (до 1,5 л водки в день), выносит из дома вещи, зарплату жене не отдает. Семья живет только на заработную плату жены, которая работает медицинской сестрой, и получаемых ей денег не хватает на обеспечение нормального питания и одежды себе и детям. Дети питаются и одеваются за счет поддержки соседей и родительского комитета школы. Семья имеет задолженность по квартплате более чем за три года.

When surveyed in GNSSSSP them. V.P. Serbian at the conclusion of the therapist revealed hypertensive disease of the second stage, toxic hepatitis, according to the conclusion of the neurologist - toxic polyneuropathy.

Mental state: orientation in all kinds of saved; in conversation it is facilitated, careless, formally agrees that the wife and children are in a difficult financial situation. It is easy to make promises to stop drinking alcohol and will be reinstated at work in the previous position. A specific type of thinking, superficial judgments, is emotionally unstable, the memory of past events is somewhat reduced. Psychotic symptoms (delusions, hallucinations) were not identified.

The expert commission concluded that M. had signs of alcohol dependence of the second stage. When considering this case, the court took into account the fact that as a result of M.'s abuse of alcoholic beverages, the family was in a difficult financial situation, and therefore it was decided to recognize him as partially capable.

В соответствии с ч. I ст. 284 ГПК дело о признании гражданина ограниченно дееспособным суд рассматривает в присутствии его самого, прокурора и представителя органа опеки и попечительства. Поскольку в данных делах не предусматривается иска, в них нет и предполагаемых субъектов спорного правоотношения. Поэтому лица, в отношении которых рассматривается данное дело, именуются не ответчиками, а заинтересованными лицами, а члены семьи, терпящие ущерб от таких субъектов, принимают участие в процессе как заявители независимо от того, какая инстанция возбудила данное дело.

Префектура в течение месячного срока обязана назначить ограниченному в дееспособности лицу попечителя, без согласия которого данный гражданин не сможет принимать участие в правовых актах установленного судом объема.

Article 30 of the Civil Code provides for the possibility of cancellation of a court decision on limiting the capacity of a citizen. This is possible in cases where the grounds on which this measure was applied have "disappeared". At the same time, nowhere is there a clarification of what is meant by the term "have disappeared". Apparently, it is a question of stopping or reducing the abuse of alcohol or drugs, in which the person no longer puts his family in a difficult financial situation.

Предметом судебно-психиатрической экспертизы в гражданском процессе о признании сделки, в том числе и завещания, недействительными является ретроспективная оценка состояния лица на момент совершения данного юридически значимого действия. При этом оцениваются не только психическое состояние лица, но и индивидуально-психологические особенности его личности и их влияние на поведение испытуемого в исследуемой ситуации, наличие состояния алкогольного опьянения и т.д.

Иски по признанию юридических сделок недействительными в новых экономических условиях, сложившихся в Российской Федерации, рассматриваются в судах все чаще. Наиболее часто встречаются дела по оспариванию следующих сделок: завещание, купля-продажа, доверенность, дарственная и т.д. According to Art.79 GIC, if it is necessary to determine the mental state of the person during the transaction, the judge has the right to appoint a forensic psychiatric examination.

Article 30 of the Civil Code does not affect the results of a legal transaction concluded by a citizen in the period preceding his recognition by the court as having limited legal capacity. In these cases, the rights of a citizen may be protected in accordance with Art. 177 of the Civil Code, which says that “a transaction made by a citizen, although capable and capable, but at the time of its execution in such a state when he could not understand the meaning of his actions or direct them, is recognized by the court as invalid on the claim of this citizen or other persons, whose rights or legally protected interests are violated as a result of its commission. " The invalidity of a transaction means that the action performed in the form of a transaction does not have the quality of a legal fact that can lead to the consequences that the subjects of the transaction desired.The recognition of the transaction as invalid shall entail the annulment of rights and obligations, the implementation of which would lead to a violation of the law. Each of the parties to the transaction, recognized as invalid, is obliged to return the other all received in kind, and if it is impossible to return the received in kind to refund its value in money.

Так как период совершения юридической сделки ограничен точными временными границами, то при производстве такого рода судебно-психиатрических экспертиз необходимо как можно более точно установить время начала возникновения психического расстройства и решить вопрос о том, насколько была выражена болезненная симптоматика и как она влияла на способность лица понимать значение своих действий и руководить ими в период совершения сделки.

Since a legal transaction is an act of deliberate, purposeful, volitional actions of individuals, making which they strive to achieve certain legal consequences, the essence of any legal transaction is the will and expression of the parties with which the legal consequences of transactions are connected. Free expression of will can be violated by many reasons not only mental, but also psychological. Therefore, when addressing the issue of bargaining, it is advisable to conduct a comprehensive psychological and psychiatric examination, which will determine the existing mental disorder, fully and qualitatively investigate the personality, its individual psychological characteristics, motivational and emotional-volitional spheres, the safety of which affected the free expression of will.

The Civil Code contains only a legal (psychological) criterion, and the expert doctor is given the opportunity to decide for himself. under what painful conditions a citizen could not understand the meaning of his actions or direct them. In connection with this wording, the “state” CC at the time of the transaction, which is subject to peer review, is a broader subject for study. In this case, it is supposed to assess not only mental, but also psychological or some other state at the time of the transaction, including the state of intoxication or binge drinking.

It is not a basis for applying to a citizen of art. 177 GK a formal statement of his signs of mental illness. In this case, it’s not just the fact that he has any mental disorders, but the citizen could understand the meaning of his actions or direct them in the situation under study.

Examined F. for 15 years suffering from schizophrenia, occurring with hypochondriacal and affective disorders. On this occasion, she was repeatedly treated in psychiatric hospitals, received a course of drug therapy. As a result of the therapy, her condition returned to normal, and she continued to work as an engineer, in accordance with the production characteristics, she coped with her professional duties and maintained business relations with her colleagues. She is married, has two minor children, the relations in the family are even. Two years ago, she exchanged her apartment for another smaller area with a cash surcharge. Currently filed a lawsuit in court for the recognition of the transaction void due to the fact that she suffers from chronic mental illness in the form of schizophrenia. The panel of experts has concludedthat F. suffers from a chronic mental disorder in the form of schizophrenia, however, her mental disorders for the period of the transaction were not so pronounced as to deprive her of the ability to understand the significance of her actions and direct them.

To determine the ability of a person to understand the actual nature of his actions and lead them, it is necessary first of all to assess the integrity of intellectual-mnestic functions, volitional sphere, critical and prognostic abilities. When identifying a patient with signs of dementia, the question of applying to it art. 177 GK is always solved positively.

Surveyed N., 76 years old, lived alone in a three-room apartment, had no close relatives, never maintained any relationship with her nephew. Registered with a psychiatrist has never been. The last five years, the memory was broken. I stopped recognizing housemates. I messed up their names, often at a meeting they were told absurd stories about themselves. Contained apartment in an unsanitary condition. Outwardly, it became untidy. Accidental friend issued a general power of attorney with the right to dispose of all their property. On the day of the sale of her apartment, this man was placed in a psychiatric hospital, where she was disoriented, did not understand the meaning of simple questions and the essence of the events happening to her. She was diagnosed with senile dementia, unspecified, with progressive mental disorders, intellectual decline,violation of critical functions and adaptive abilities, characterized by a progressive course.

При рассмотрении гражданского дела о недействительности сделки по продаже квартиры, заведенного по исковому заявлению племянника, была проведена комплексная психолого-психиатрическая экспертиза, которая пришла к заключению, что Н. страдает сенильной деменцией с прогредиентным течением, в период совершения сделки не понимала значения своих действий и не могла руководить ими. Решением суда данная сделка была признана недействительной.

Статья 177 ГК может быть применена и по отношению к больным, которые при совершении юридической сделки находились в психотическом состоянии (наличие в психическом состоянии признаков расстроенного сознания, бреда, галлюцинаций).

Предметом судебно-психиатрической экспертизы по бракоразводным делам является:

- assessment of the mental state of the person at the time of marriage in the event of a claim by one of the spouses to invalidate the marriage ;

- assessment of the mental state of a married person in a lawsuit by one of the spouses to dissolve the marriage.

According to Art.14 SC is not allowed to marry between persons, of which at least one is recognized by the court as incapable. If this condition is not complied with, the marriage is declared invalid by the court (Section 1.2, Art. 27 SC).

Закон предусматривает также возможность признания брака недействительным, если он заключен хотя и дееспособным гражданином, но находящимся в период регистрации брака в состоянии, исключающем способность понимать значение своих действий и руководить ими. В задачу судебно-психиатрической экспертизы в этом случае входит изучение психического состояния лица в момент заключения брака. При этом важно не только установить психическое состояние лица, но и уточнить время его возникновения по отношению к моменту вступления в брак, а также тяжесть и глубину психических расстройств в тот период в аспекте их влияния на способность лица понимать значение своих действий и руководить ими при заключении брака.

Surveyed K., 78 years old, a musician by profession, worked for many years at the Moscow Philharmonic Society, was married, had no children from marriage, his wife died 15 years ago. After the death of his wife, he made a will to the apartment in which he lived, and cash contributions to his wife's niece, with whom he maintained close relations after the death of his wife. Two years ago, married a woman younger than him by 26 years. Shortly after the marriage was registered, he wrote a new will on his property for his wife. Niece of the first wife filed a statement of claim to the court for the recognition of the second marriage and the second will to be invalid, because K. at that time showed signs of mental disorder. From the materials of the civil case it followed that for the last five years K. became ridiculous in behavior, often lost in the street, could not find his house, instead of his apartment went to the neighbors' apartment, while confusing not only the floors, but also the entrances. He stopped talking to his niece. Once, against the background of high fever, due to a cold, I went to the neighbors around the site, told them that he was in a gay club, and asked the neighbors to take him home. Two days after the normalization of body temperature, these phenomena disappeared, recalled this later as real events. Once I was taken by ambulance to a city hospital in a state of confusion, I could not give my name and address. According to the documents was found his wife, who took him home. When examined by psychiatrists was confused, disoriented, did not understand where he is, and the purpose of the survey. When asked about his marriage, he talked about his first wife, spoke in detail about their life together. He did not tell about the second marriage and the new will, he gave only formally positive answers to questions about it. A diagnosis of senile dementia was established and it was concluded that during the period of marriage and at the time of the last will, K. did not understand the meaning of his actions and could not direct them.

In accordance with paragraph 2 of Art. 16 SC marriage can be terminated by its dissolution at the request of one or both spouses, as well as at the request of the guardian of the spouse, recognized by the court as incapable. The subject of forensic psychiatric examination in these cases is the assessment of the mental state of the subject (recognized as an incapacitated spouse) during the period of cohabitation in a marriage with the identification of a mental disorder that may interfere with further family life. To answer this question, the depth and progression of the existing mental disorders are analyzed, it becomes clear whether these mental disorders create difficult conditions for living together. For the objectification of the decision being made, the social and everyday status, the level and stability of the social adaptation of the test spouse, and the peculiarities of family relations are examined.

Mental disorders that prevent further family life include:

- gross psychopathic disorders with auto- and heteroagression;

- crazy ideas of different content, directed against the people of the inner circle, including the second spouse, children, grandchildren;

- existing mental disorders that significantly affect the conditions of cohabitation, hindering reasonable care for children, are harmful to the other spouse.

Surveyed P., 36 years old, an economist by training. Married 15 years, from marriage has two children, eight and 14 years old. For the last eight years, he has suffered from paranoid schizophrenia with delusional ideas of poisoning, exposure, and auditory perception fraud. He is periodically treated in connection with this in a psychiatric hospital, is discharged from the hospital without noticeable improvement. Assessment of the mental state: aggressive at home, accuses his wife and children of pouring rat poison into his food and want to poison him. He repeatedly beat his wife and eldest son, after one of the beatings, the son was treated at the hospital for a concussion.

The wife filed a lawsuit to declare the marriage null and void. In a forensic psychiatric examination of this case, P. is tense, irritable, easily gives brutal reactions of anger, accuses his wife of trying to poison him, and he is confident that she and the eldest son sprinkle him with rat poison. It feels like pain in the stomach, the feeling of "dying out" and "drying out" of internal organs. Says threats to his wife and son. Thinking is inconsistent, paralogical, emotionally cold, there is no criticism of one’s condition and situation.

It was concluded that P. suffers from a chronic mental disorder in the form of paranoid schizophrenia, cannot understand the significance of his actions and lead them, his delusional ideas and gross psychopathic disorders with heteroagression impede his further family life.

Thus, forensic psychiatric examinations in cases of invalidation of a marriage and the dissolution of a marriage have different tasks, and the evaluation of the subject’s mental state concerns different time periods. In cases of marriage invalidation, the retrospective assessment of the subject's condition in the past at the time of marriage is of crucial importance. In a forensic psychiatric examination of the issue of divorce, the subject of the research is the subject’s present mental state, taking into account his prognostic evaluation.

The decision on the possibility of one of the parents to take part in the upbringing of children is regulated by Art. 73 SK, according to which the court may, taking into account the interests of the child to decide on the removal of the child from the parents (one of them) without depriving them of parental rights (restriction of parental rights). Restriction of parental rights is allowed if leaving a child with parents (one of them) is dangerous for a child due to circumstances, from parents (one of them) not dependent (mental disorder or other chronic illness, difficult circumstances, etc.), restriction of parental rights is allowed also in cases where leaving the child with the parents (one of them) due to their behavior is dangerous for the child, but sufficient grounds for depriving the parents (one of them) of parental rights have not been established.

According to Art. 73 SC restriction of parental rights is significantly different in its content and procedural consequences of deprivation of parental rights (Art. 69 SC). Parents (one of them) may be deprived of parental rights if they are guilty of non-performance of their duties: they evade the duties of their parents, abuse their parental rights, abuse children, are patients with chronic alcoholism or drug addiction, have committed an intentional crime against life and health spouse. In contrast, the restriction of parental rights provides for cases where leaving a child with parents or one of them is dangerous for a child due to circumstances, from parents (one of them) not dependent, in particular due to the presence of mental disorder in parents (one of them) .

In accordance with the wording of paragraph 2 of Art. 73 SC subject to forensic psychiatric examination in these cases is to determine the mental state of the test parent in terms of its danger to the child with the mandatory establishment of a long-term forecast of mental illness.

Most often, a forensic psychiatric examination in these cases is carried out in relation to women with an unfavorable course of such mental diseases as schizophrenia and organic brain damage. The hazard criteria for a child in these cases are:

- the presence in the clinical picture of the disease of gross psychopathic disorders;

- the presence of delusions (jealousy, persecution, influence, poisoning) aimed at specific individuals from the inner circle (second spouse, children, grandchildren, parents);

- the presence of deep and prolonged depression with suicidal tendencies.

The surveyed M., 29 years old, has a higher engineering education, has not worked anywhere for the last five years, lives on a disability pension due to the presence of a chronic mental disorder in her form of schizophrenia. From an unknown person three years ago gave birth to a girl. He lives with a child in a separate apartment. According to the testimony of neighbors and parents, she often leaves the child alone at home, does not come home for the night, and the girl is alone in the apartment at night. The child walks around the apartment always without clothes. M. explains this to others by the fact that she tempers the girl. Practically from the age of six months, he feeds the child with food that she eats herself, "teaches her to be an adult." She does not take the girl for a walk, but if she goes out with her to the street, she does not let the child go to other children, "so that she does not get infected." Strongly objects to the participation of their parents in the upbringing of their child.

M.'s parents filed a lawsuit in court for the removal of her child without depriving her of parental rights. In a forensic psychiatric examination of the case, paranoid schizophrenia was diagnosed with delusions of influence, progressive negative disorders and a progressive deepening of social maladjustment. M.'s mental disorders are characterized by a progressive course and are dangerous to the child.

A claim for restriction of parental rights may be brought by close relatives of the child, bodies and organizations entrusted with the law to protect the rights of minor children, pre-school educational institutions, educational institutions and other institutions, as well as the prosecutor (Section 3 of article 73 of the SC). Cases of restriction of parental rights are considered with the participation of the prosecutor and the guardianship and trusteeship body (clause 4 of article 73 SC).

The Law on Psychiatric Assistance provided an opportunity to appeal against actions that infringe upon the rights of citizens in the provision of psychiatric assistance to them directly to the court, which deals with a complaint in civil proceedings (art. 47). Most often, these are cases of improper, in the opinion of the complainant, the use of involuntary psychiatric measures - involuntary psychiatric examination, involuntary hospitalization, involuntary registration in a psycho-neurological clinic, etc. Since the actions appealed in these cases relate to special psychiatric issues, the court in accordance with Art. 79 GIC must appoint a forensic psychiatric examination. When evaluating such cases, the courts should consider the following circumstances:

- the legal aspect of the situation - ensuring the procedures established by the Law on Psychiatric Assistance and compliance with legislative criteria for the application of psychiatric measures;

- medical aspect - the establishment of the fact that the person to whom medical measures were applied, really suffers from a mental disorder of a certain severity and needs psychiatric treatment;

- social aspect - the study of family and social relations and relationships of a person, such as the possibility of caring for him and ensuring his treatment outside a psychiatric hospital.

The subject of forensic psychiatric examination when considering claims related to involuntary psychiatric examination, involuntary hospitalization and registration in a psycho-neurological dispensary is the assessment of the subject's mental state during these periods, as well as the assessment of the correctness of compliance with the procedure for applying these measures in accordance with the Law on Psychiatric Assistance . In this case, the expert assessment is subjected to both the compliance of the person’s mental state with the basic provisions according to which involuntary medical measures could be applied to him, as well as the procedure for carrying out involuntary examination and involuntary hospitalization.

When considering the issue of the legality of an involuntary psychiatric examination, the tasks of the forensic psychiatric examination include the determination of the compliance of the mental state of a person specified in Part 4 and 5 of Art. 23 of the Law on Psychiatric Aid Criteria for Involuntary Examination.

When appealing against involuntary hospitalization in a psychiatric hospital, it is necessary to establish the compliance of the mental state of the person with the legal grounds for involuntary hospitalization, regulated in paragraph "a" - "in" part 4 of art. 29 of the same law. When appealing against an involuntary psychiatric examination or involuntary hospitalization, a forensic psychiatric examination should answer the following questions:

- whether the person suffers from any mental disorder at the present time and whether they have suffered during the period relating to involuntary psychiatric examination or hospitalization; if so, how?

- is the existing mental disorder severe (requirement of article 29 on involuntary hospitalization) and at the same time did it cause, during the period of involuntary psychiatric examination or hospitalization, the immediate danger of a person to himself or others, his helplessness, significant harm to his health due to deterioration of mental state, Will the person be left without mental health care?

- did this person, due to his mental state, at that time needed an involuntary psychiatric examination or involuntary hospitalization, and, if so, due to what characteristics of his mental state?

- Is the person able, during the period of filing a claim, to understand the significance of his actions, go over them, and also take part in the trial as a plaintiff, protect his interests?

When deciding on the legality of establishing a follow-up clinic, the subject of a forensic psychiatric examination is to determine the compliance of a person’s mental state with the criteria for establishing a follow-up clinic contained in art. 27 of the Law on Psychiatric Care. In these cases, the forensic psychiatric report should contain answers to the following questions:

- whether the person suffers from any mental illness and whether they suffered during the period when the decision was made to establish a follow-up clinic; if so, how?

- If there is a mental disorder, is it chronic or protracted with severe and persistent or often exacerbated painful manifestations?

- whether the person needed at the time of making the decision in question and whether he is currently in need of dispensary observation; If so, why?

Psychiatric experts have no right to touch upon legal assessments of the contested actions and cannot evaluate the procedure for rendering psychiatric assistance, since assessment of these circumstances does not require psychiatric knowledge, and the court establishes them on the basis of other evidence.

In cases of appealing an illegal dismissal from the point of view of the plaintiff, the subject of the forensic psychiatric examination is to decide on the mental state of the person during the period preceding his dismissal, or during a forced absenteeism, i.e. about whether it was legitimate dismissal for absenteeism, if the street showed signs of exacerbation of mental illness at that time.

In such civil actions, plaintiffs often seek compensation for disability, allegedly related to the actions of their colleagues, the alleged infringement of their rights, and a biased attitude to them.

Another category of labor disputes is to establish a diagnosis of mental disorder, as a result of which a person was found to be unfit for certain types of activities associated with increased danger (for example, military service, service in the internal affairs bodies, or aviation). In these cases, the competence of forensic psychiatric commissions of experts includes only the solution of diagnostic questions — a retrospective assessment based on the submitted medical documents, the testimony of witnesses for that period, and the written production of the subjects themselves. The question of professional suitability is decided by the Central Medical and Flight Expert Commission of Civil Aviation, specialized military commissions. Federal Bureau of Medical and Social Expertise.

If a conflict situation of this kind arises after the establishment of a psychiatric diagnosis in the order of involuntary psychiatric care and after an administrative decision on dismissal from work or suspension from the performance of professional duties, then first of all, the question of whether the subject’s mental state in accordance with the criteria provided for by psychiatric care.