Принудительное оказание психиатрической помощи по нормам уголовного права и административного судопроизводства

Abstract

The article is devoted to the problem of compulsory provision of psychiatric care. The relevance is due to the complexity of psychiatric diseases themselves, their sufficient prevalence, as well as such concomitant phenomena as simulation and dissimulation. Compulsory treatment, regardless of whether it is preceded by any illegal behavior or not, affects the most important human and civil rights such as freedom and personal integrity, which requires legislative enshrinement of additional guarantees in addressing these issues. The court, when deciding on the use of treatment against the will of a person, must take into account not only the severity of the disease, but also many associated factors in order to prevent the use of such treatment for other non-medical purposes. Placing a person in a psychoneurological hospital according to the rules of administrative proceedings and criminal law has both differences and similarities, so a comparative study allows us to identify common problematic issues. The purpose of the study is to identify existing problems in legislation and law enforcement. The object of the study is the norms of the code of administrative proceedings, criminal law and basic laws governing the provision of medical care. The main conclusions concern the problems of preventing medical and, consequently, judicial errors associated with the implementation of compulsory treatment, providing additional guarantees that ensure the personal participation of a citizen and the assistance of a representative, the role and importance of a specialist in considering such cases, and the need to improve legislation.