Some problems of implementation and civil rights protection of natural persons who have attempted suicide

Автор: Zinkovsky M.A., Rubanov S.A., Tsukanova E.Y., Peremyshlennikova I.N., Tsukanov O.V.

Журнал: Суицидология @suicidology

Рубрика: Дискуссии

Статья в выпуске: 1 (26) т.8, 2017 года.

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Problems of implementation and civil rights protection of the natural persons who have attempted suicide are discussed in the article. The first problem is identified as how to implement personal non-property and property rights suicide subjects. Authors indicate that before and after suicide the natural person has a certain set of non-property and property civil rights, among which the right to health, the right for the qualified medical care, the right to make deals, the right for housing, the right for inviolability personal privacy and so on. The subject of a suicide does not always realize the character, the purposes and consequences of civil transactions, can be limited in implementation of the civil rights deliberately or unintentionally by relatives, family members, cohabitants, criminal elements. The second problem concerns time period preceding suicide commission. The civil law practically does not regulate time period from the moment suicide ideation originated to deliberate actions directed to commit suicide. This legal situation is characterized and defined by the fact that prior to hospitalization the subject of a suicide is occupied with thoughts of how to attempt suicide, to treat his disease or unhealthy condition, and other circumstances. Authors suggest to bring in the concept "legal pre-suicide condition" into the existing Civil Code of the Russian Federation. Third problem deals with committed suicide. We offer to expound the term "suicide" in the 3rd part of article 418 of the Civil Code of the Russian Federation that will allow to strengthen civil rights protection of subjects of a suicide. The fourth problem regards life after a suicide. We suggest to differentiate between usual suicide and criminal suicide (when other persons help the subject die). Authors suggest to improve on institute of involuntary hospitalization legislatively as in practice two extreme situations can occur. The first one happens when a healthy person is illegally placed in psychiatric clinic and for the period of his treatment, other persons can dispose of his property. The second one takes place when a person is truly sick, possess threat to herself and environment, but he isn't hospitalized until he commits a crime, suicide or other offense. Fifth problem touches on protection of the rights of psychiatrists. We believe that protection of the civil rights of the natural persons who have made attempt of a suicide is inconceivable without the qualified legislative protection of psychiatrists or other physicians as the latter can otherwise be subjected to groundless attacks from the victims - patients, including, including cases of compulsory hospitalization of the natural person in psychiatric clinic expresses.

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Suicide, compulsory hospitalization in psychiatric clinic, implementation and protection of the civil rights of natural persons of subjects of a suicide

Короткий адрес: https://sciup.org/140219298

IDR: 140219298

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