CONSENT OF THE PERSON WHO SHOULD MAKE INSURANCE COMPENSATION TO TREATMENT OF THE VICTIM IN A FOREIGN STATE AS A FORM OF CONVENTIONAL PROCEDURE IN A JOINED PROCESS

Abstract

The article states that the issue of the implementation of conventional procedures in criminal proceedings remains relevant and requires further scientific research. In particular, the procedure for assigning criminal procedural procedures to conventional procedures, the selection of characteristic signs of conventionality in criminal proceedings, and the development of criteria for assigning certain procedures to conventional procedures require further research. In the work, we come to the conclusion that conventional procedures include procedures in the form of agreements and procedures in the form of consent by a participant in criminal proceedings. At the same time, sometimes within the framework of criminal proceedings there is a need to obtain consent from a person who is not a participant in the criminal proceedings. We prove that the consent of the person who has to make the insurance compensation (regulatory payment) to the treatment of the victim abroad is a conventional procedure of criminal proceedings. We propose to define it as a «conventional procedure in a connected process». At the same time, in cases where it is proven that the victim of a criminal offense could not receive medical assistance in health care institutions of Ukraine, the person who has to make insurance compensation (statutory payment) will be obliged to make a payment for the victim’s treatment for border (her consent will not be asked). Therefore, this procedure will not be considered conventional and will be implemented regardless of the person’s consent.