Legal regulation of the use of compulsory medical measures at the present stage (systematic review)

Legal regulation of the use of compulsory medical measures at the present stage (systematic review)

 

Authors

 

A.V. Vaselovskaya

Federal State Autonomous Educational Institution of Higher Education “National Research Tomsk State University”, Tomsk, Russian Federation

N.V. Olkhovik

Federal State Autonomous Educational Institution of Higher Education “National Research Tomsk State University”, Tomsk, Russian Federation

A.V. Shesler

Federal State Autonomous Educational Institution of Higher Education “National Research Tomsk State University”, Tomsk, Russian Federation

 

https://doi.org/10.26617/1810-3111-2025-3(128)-95-104

 

Journal: Siberian Herald of Psychiatry and Addiction Psychiatry. 2025; 3 (128):  95-104.

 

Abstract

Introduction. Mental disorders and behavioral disorders cause serious negative social consequences associated with the real and (or) potential danger of persons suffering from mental disorders to themselves or others. In connection with the increase in the number of psychotraumatic factors in the modern world and, as a consequence, the increase in the number of people committing crimes or other socially dangerous acts in one or another morbid mental state, the issue of legal regulation of the use of compulsory medical measures is relevant. Objective: to identify conflicts and legal gaps in the legal regulation of the use of compulsory medical measures. Material and Methods. The analysis and systematization of regulatory legal acts of the Russian legislation regulating the use of compulsory medical measures were carried out. To search for and analyze regulatory legal acts, official publication sources were used, such as the Official Internet Portal of Legal Information (http://pravo.gov.ru), the Collection of Legislation of the Russian Federation, as well as legal reference systems (SPS ConsultantPlus, Garant, etc.). As part of the analysis of scientific literature on the topic under study, scientometric databases were searched (Scopus, Web of Science, Google Scholar, eLibrary). Results. Based on the analysis of legal regulation of the use (administration and execution) of compulsory medical measures, three levels of legal regulation in this area were distinguished: federal legislative, federal by-laws, local (the level of individual medical organizations). Legal regulation at the federal level is considered through the system of regulatory acts of the criminal law branch and a block of legislative acts in the field of healthcare. Conclusion. Legal regulation of compulsory medical measures is carried out by the norms of different branches of law, which is due to the multifaceted and ambiguous legal nature of these measures. There is no sufficient legal regulation of the procedure for the execution of compulsory medical measures. The authors make proposals to improve the legislation in this area and substantiate the need to adopt a departmental instruction on the procedure for use of compulsory medical measures with the addition to it of standard internal regulations of medical organizations implementing compulsory medical measures for each type of compulsory treatment.

 

Keywords: compulsory medical measures, mental disorders and behavioral disorders, public danger of a person suffering from a mental disorder, security measures.

 

Article (pdf)

 

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Materials  

 

For citation: Vaselovskaya A.V., Olkhovik N.V., Shesler A.V. Legal regulation of the use of compulsory medical measures at the present stage (systematic review). Siberian Herald of Psychiatry and Addiction Psychiatry.2025; 3 (128): 95-104. https://doi.org/10.26617/1810-3111-2025-3(128)-95-104

 

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