A person in respect of whom proceedings are being conducted on the application of compulsory medical measures: issues of theory and regulatory measures

Introduction: the article covers scientific understanding of the procedural status of a person against whom proceedings are being conducted on the use of compulsory medical measures, determining their role and significance in criminal proceedings, the possibility of implementing criminal procedural functions. Materials and Methods: the author used Constitution of the Russian Federation, the Code of Criminal Procedure of the Russian Federation, other regulatory acts and statistical data of the Judicial Department of the Supreme Court of the Russian Federation for the basis of the study. The methodological basis of the study was the dialectical method of scientific cognition, logical, comparative legal, statistical methods, as well as observation and other private methods of studying legal phenomena. Results: the study allowed to form an author's position regarding the procedural status of the person against whom the proceedings on the application of compulsory measures of medical nature are conducted, as well as to identify the main directions for improvement of the current criminal procedural legislation governing the participation of such a person in modern criminal proceedings in Russia. Discussion and Conclusions: the author's version of the definition of the concept of a person against whom proceedings on the use of compulsory medical measures are being conducted is presented. It is argued about the inadmissibility of identifying this participant in criminal proceedings with the suspect and the accused. It is proposed to introduce the necessary amendments to the Code of Criminal Procedure of the Russian Federation aimed at improving the institution of the use of compulsory medical measures by regulating the procedural status of a key participant in this proceeding. The main procedural issues requiring additional scientific research are identified.