Peculiarities of legislative regulation of temporary placement of a person in a medical setting providing residential mental health care during criminal proceedings

The regulatory provisions of criminal procedure legislation governing the placement of a person in a medical setting providing residential mental health care as well as the attitude of the Constitutional Court of the Russian Federation on this issue are analyzed in the article. The authors come to the conclusion that the placement of a suspect (an accused) in a psychiatric hospital has a dual legal nature. It combines the features of measures of procedural coercion and medical assistance to a citizen. This conclusion is crucial in establishing the purposes, grounds and procedural order of the given form of restriction of rights and freedoms. According to its functional purpose, the placement of a person in a mental health clinic tends more towards preventive measures. The authors believe that the procedure for temporary placement of a person in a medical setting providing residential mental health care does not depend on the preventive measure applied to the person and in all cases should be carried out according to Art. 108 of the Criminal Procedure Code of the Russian Federation.