In the Fundamentals of the Legislation of the USSR and the Union Republics on Health Care, approved at a session of the USSR Supreme Soviet on 19.12.69, it is stated: “The forensic and forensic psychiatric examination is carried out in accordance with the legislation of the USSR and the Union republics by order of the person conducting the inquiry , the investigator, the prosecutor, as well as by the court. The procedure for organizing and conducting forensic and forensic psychiatric examinations is established by the USSR Ministry of Health in coordination with the USSR Supreme Court, the USSR Prosecutor’s Office, the Ministry of Internal Affairs and other departments ”(Article 51).
Based on this law on the basis of previous organizational experience, in accordance with the applicable norms of the criminal procedure and civil procedure codes, the instruction on conducting a forensic medical examination has been developed and entered into force on 21. 07. 78.
This instruction was approved by the USSR Ministry of Health and agreed with the USSR Prosecutor’s Office, the USSR Supreme Court, the USSR Ministry of Justice, the USSR Ministry of Internal Affairs and the State Security Committee under the USSR Council of Ministers.
Simultaneously with this “Instruction”, “Regulations on the Bureau of Forensic Medical Examination”, “Regulations on the Head of the Bureau of Forensic Medical Examination of the Ministry of Health of the Union Republic”, “Regulations on the Head of the Bureau of Forensic Medical Examination of the Regional (Territorial), Republican Republic ), city (Moscow, Leningrad) subordination "," Regulations on the head of the department of the Bureau of Forensic Medical Examination "," Regulations on the head of the department of the Bureau of Forensic Medical Examination "," Regulations on the doctor - forensic -Medical experts "," Regulations on the Methodological Council of Forensic Medicine Office, "and" Regulations on the main forensic expert of Ministry of Health of the USSR. "Go
In the "Instructions" and "Regulations" are indicated: purpose and tasks of forensic medical examination in the USSR; legislative documents defining its functioning; structure and subordination of examination units; general characteristics of the objects within its competence; principles of forensic documentation; regulation of the rights and obligations of each unit in the system of forensic medical examination. There are organizational-methodical and administrative-economic subordination between these divisions, forensic experts, and health authorities (Scheme 1).
Scheme 1. Forensic medical examination in the USSR
The “Provision on the Bureau of Forensic Medical Examination” stipulates that the staff of the bureau is approved in accordance with the established procedure according to the relevant staff standards and that the bureau should have the following structural units: 1) the department of forensic medical examination of victims, defendants and other persons; 2) the department of forensic examination of corpses with a forensic-histological department; 3) the forensic laboratory, which includes the forensic biological, physical-technical, forensic chemical departments; 4) district, interdistrict and city branches of the bureau of forensic medical examination; 5) economic part. In the capitals of the Union republics, district, interdistrict, and city branches are not organized (Figure 2).
Scheme 2. Bureau of Forensic Medicine .
The “Instruction” defines the competence of a forensic medical examination, which includes: 1) an examination of corpses in the event of violent death or suspicion of it (see Chapter 10); 2) examination of victims, defendants and other persons (see Chapter 38); 3) examination of material evidence through the use of laboratory methods for the investigation of objects (see Chapter 43); 4) expertise on medical documents, as well as on materials of criminal and civil cases, when the forensic medical conclusions (conclusion) are based only on the data of medical and forensic medical documents (medical history , outpatient cards, protocols or autopsy reports, testimony of medical workers and witnesses, etc.).
In forensic medical examinations (research and certification) there should be a single organizational basis ensuring, on the one hand, that experts comply with legislation and regulatory documents, and on the other, production expertise using scientifically sound, rational and expediently chosen methods. Such a basis is the instructional and methodological instructions operating in the system of forensic medical examination.