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FORENSIC PSYCHIATRIC EXAMINATION IN CIVIL PROCEDURE IN THE RUSSIAN FEDERATION

FORENSIC PSYCHIATRIC EXAMINATION
IN CIVIL PROCEDURE IN THE RUSSIAN FEDERATION

L.M. MINNETDINOVA,
Candidate of Medical Sciences, Associate Professor,
Department of Psychiatry and Forensic Psychiatric Expertise,
Kazan State Medical Academy

F.F. GATIN,
Doctor of Medical Sciences, Professor,
Head of the Department of Psychiatry and Forensic Psychiatric Expertise,
Kazan State Medical Academy

E.F. GATIN,
Candidate of Medical Sciences,
Chief Physician, Naberezhno-Chelninsky Psychoneurological Dispensary,
Assistant, Department of Psychotherapy and Narcology,
Kazan State Medical Academy

DOI: 10.24031/2226-0781-2020-10-5-275-295

In recent years there has been a clear tendency to increase the number of forensic psychiatric
examinations in civil procedure, which is due to a number of factors, the main of which are
associated with the changing social conditions in our society and the updated legislative
base. In this article specialists from the field of medicine – psychiatry and forensic psychiatric
examination examine the current legislative requirements for the production of forensic
psychiatric examination in Russia in civil procedure, the basic principles for conducting
expert examinations, including comprehensive ones, for various categories of cases in
relation to persons with mental disorders: recognition of a person as legally incompetent,
partially legally incompetent, recognition of a transaction invalid, appeal against the actions
of medical workers, family disputes. Forensic psychiatric examinations differ in terms of
the conduct, the composition of the specialists involved in the examination. The procedure
for voluntariness and involuntary examination is described when deciding on the issue of
legal capacity. The article gives a detailed classification of forensic psychiatric examinations,
the procedure for their conduct, as well as the procedure for submitting and attaching
documents on the examination conducted to the case. Variants of conclusions are described
with answers to all questions posed to experts, as well as answers to individual questions
and a message from experts about the impossibility of answering any questions.

Keywords: forensic psychiatric examination; legislation; expert; diagnostics; evaluation.

References

Grazhdanskoe protsessual’noe pravo Rossii: uchebnik dlia bakalavrov [Civil Procedural
Law of Russia: Textbook]. Moscow: Iurait, 2013. 879 p. (In Russ.)
Maleshin D., Silvestri E., Sitdikov R., Valeev D. Reforming Russian Civil Procedure.
Russian Law Journal, 2016, vol. 4(1), рр. 142–147.
Sergeev A.P. (ed.). Kommentarii k Grazhdanskomu kodeksu Rossiiskoi Federatsii. Chast’
vtoraia (postateinyi) [Commentary on the Civil Code of the Russian Federation. Part Two
(Itemized)]. Moscow: Prospekt, 2012. 986 p. (In Russ.)

Information about the author

L.M. Minnetdinova (Kazan, Russia) – Candidate of Medical Sciences, Associate
Professor, Department of Psychiatry and Forensic Psychiatric Expertise, Kazan State
Medical Academ (11 Mushtari St., Kazan, 420012, Russia; e-mail: liliya57@mail.ru).

F.F. Gatin (Kazan, Russia) – Doctor of Medical Sciences, Professor, Head of the
Department of Psychiatry and Forensic Psychiatric Expertise, Kazan State Medical
Academy (11 Mushtari St., Kazan, 420012, Russia; e-mail: ksma.rf@tatar.ru).

E.F. Gatin (Kazan, Russia) – Candidate of Medical Sciences, Chief Physician, Naberezhno-
Chelninsky Psychoneurological Dispensary, Assistant, Department of Psychotherapy
and Narcology, Kazan State Medical Academy (11 Mushtari St., Kazan, 420012,
Russia; e-mail: mz.nchelny_rkpb@tatar.ru).

Recommended citation

Minnetdinova L.M., Gatin F.F., Gatin E.F. Sudebno-psikhiatricheskaia ekspertiza v grazhdanskom
protsesse v Rossiiskoi Federatsii [Forensic Psychiatric Examination in Civil Procedure in the
Russian Federation]. Vestnik grazhdanskogo protsessa – Herald of Civil Procedure, 2020, vol. 10,
no. 5, pp. 275–295. (In Russ.) https://doi.org/10.24031/2226-0781-2020-10-5-275-295

L.M. MINNETDINOVA, F.F. GATIN, E.F. GATIN