Ensuring the proper behavior of the person against whom the proceedings on the application of compulsory medical measures are carried out

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Introduction: the article deals with the problems of applying procedural coercion measures, in particular preventive measures to persons suffering from a mental disorder, during criminal proceedings, the debatable nature of the issue is noted, with the relevant scientific views of scientists. Materials and Methods: the article was prepared on the basis of an analysis of the legislation of the Russian Federation in the field of criminal proceedings against persons suffering from a mental disorder, legislation on the basics of psychiatric care and the position of the Constitutional Court of the Russian Federation regarding the use of procedural coercion in the course of proceedings on the use of coercive measures of a medical nature. The theoretical and methodological basis of the research was the work of scientists - specialists in the field of criminal procedure law, the methodological basis was made up of such general scientific methods of cognition as dialectical method, analysis, comparison method, and special scientific methods, such as legal and comparative legal. Literature Review: during the preparation of the article, the scientific works of major Russian scientists of the Soviet period were studied and analyzed: S.P. Shcherba, P.S. Elkind, N.N. Nikolyuk, V.V. Kalnitsky, A.I. Galagan, Z.Z. Zinatullin, A.V. Lenskiy, Yu.K. Yakimovich, A.V. Savchenko, etc.; modern scientific publications, dissertation research and scientific articles by the following authors were studied: L.G. Tatiana, A.Y. Koptyaeva, Zh.A. Bazhukova, A.V. Vaselovskaya, E.V. Sukhoverkhova, Yu.A. Gerasina, A.A. Ruchina, etc. Results: in the course of the study, the procedural situation of the person against whom the proceedings on the application of compulsory medical measures are carried out, the legal framework governing legal relations in this area was analyzed. The positions on the possibility of applying preventive measures, including detention, to the subject in respect of which the specified production is carried out are considered. Discussion and Conclusions: in conclusion, it is concluded that placement in a medical organization providing psychiatric care in inpatient conditions is a measure of procedural coercion, but is not a means of ensuring proper behavior of participants in criminal proceedings, and therefore the only effective way to ensure proper behavior of a person in the proceedings under consideration is the application of preventive measures to them.

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Proceedings, procedural coercion, preventive measures, temporary placement, forced hospitalization, medical examination

Короткий адрес: https://sciup.org/142236827

IDR: 142236827   |   DOI: 10.37973/KUI.2022.50.52.021

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