FORENSIC AND LEGAL SIGNIFICANCE OF HYPNOSIS DURING A CRIMINAL INVESTIGATION.

The purpose of the article is, based on a comparative legal study of the general and distinctive features of the norms of criminal and criminal procedural legislation of Ukraine, Georgia, Poland, the Czech Republic, Slovakia and Hungary, regarding the possible participation of a psychotherapist in conducting procedural actions aimed at collecting evidence for the crime committed, determine the feasibility and admissibility of the participation of a hypnologist to conduct hypnosis sessions with participants in criminal proceedings. The task is based on an analysis of the norms of criminal and criminal procedural legislation of a number of European countries, as well as taking into account the specifics of hypnotherapy as a branch of psychotherapy, the limitations of legal norms regarding psychotherapists (hypnologists) in the exercise of their professional duties and in attracting them for judicial - investigative actions to collect evidence, the unsettled nature of these legal positions - to outline ways to improve the norms of medical and legal legislation of European countries in this area. It has been established that the problem of realizing the right of the subject to full legal and medical protection during a forensic medical examination, as well as the implementation of the rights and obligations of an expert psychotherapist during the latter, is the lack of clear implementation in the criminal procedural norms of the states of the participation of a hypnologist during a forensic examination, investigative actions that are aimed at collecting evidence for a crime.It has been revealed that the requirements of international legal norms and certain specifics of the situation regarding the conduct of a forensic medical examination, as well as the lack of clearly defined legal norms for the participation of a psychotherapist in collecting evidence by immersing a participant in a criminal trial - a patient in a hypnotic sleep, dictate the need to make a number of changes in criminal procedural legislation not only of Ukraine, but also of the countries of the European Union, such as Poland, Slovakia, Hungary, the Czech Republic. These medico-legal documentary "amendments" should be aimed at a clearer formulation of the definitions of the basic concepts and terms of engaging or prohibiting the participation of a hypnologist during forensic investigative actions that are aimed at obtaining evidence using hypnosis, such as a ban on engaging the latter is clearly provided for in the legislation of Georgia. Thus, these innovations in the legal sphere will act as a guarantor of the implementation of the right to human health, will serve as a "psychotherapeutic impetus" for eradicating cases of obtaining evidence in a case using hypnosis in the practical activities of law enforcement agencies, and will meet the basic international principles and requirements in the field of healthcare and law.