Russian Federation
343.828
The article analyzes the theoretical and practical problems that arise when performing compulsory medical measures against the insane and other persons. The article describes the evolution of these measures and modern approaches to assessing their essence. The authors consider these measures as measures of medical and social security, and provide arguments in support of their position. The study concludes with the finding that there is a need for two-level regulatory regulation of such measures within the framework of the relevant federal law containing administrative and legal norms.
compulsory medical measures, other measure of a criminal-legal nature, measure of medical and social security, insane
1. Gorshkov, M. M., Gutnikova, O. I. & Edomsky, E. A. 2020, ‘Historical review of the formation of the institute of compulsory medical measures in Russia’, Omsk Psychiatric Journal, iss. 1(23), pp. 13–17.
2. Polubinskaya, S. V. 2016, ‘The appointment of compulsory medical measures’, Proceedings of the Institute of State and Law of the Russian Academy of Sciences, iss 4, pp. 173–186.
3. Spasennikov, B. A. 2003, Compulsory medical measures, Law Center – Press, St. Petersburg.
4. Belik, Yu. S. 2016, ‘Problems of the application of norms on compulsory medical measures’, Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia, iss. 1, pp. 79–83.
5. Sverchkov, S. S. 2013, ‘Factors influencing the validity of the use of compulsory medical measures’, Legal technology, iss. 7, part 1, pp. 306–311.
6. Gorobtsov, V. I. 1998, Compulsory medical measures against mentally ill persons under the Criminal Code of the Russian Federation: textbook, Krasnoyarsk.
7. Nazarenko, G. V. 2017, ‘Compulsory medical measures: section “public safety measures”’, Lex Russica, iss. 8(129), pp. 101–111.
8. Pudovochkin, Yu. E. 2021, ‘System of criminal law measures’, Law Bulletin of Kuban State University, iss. 1, pp. 46–54.
9. Boyko, A. I., Golik, Yu. V. & Eliseev, S. A. 2010, ‘Errors in the Criminal Code’, Rossiyskaya gazeta, June 10, pp. 10–16.
10. Zvecharovsky, I. E. 2007, ‘The concept of criminal law measures’, Legality, iss. 1(867), pp. 19–21.
11. Golovastova, Yu. A. 2019, Penal law as a branch of Russian law: subject, method, sources, system: monograph, Jurisprudence, Moscow.