AКТУAЛЬНI КРИМIНAЛЬНO-ПРAВOВI AСПЕКТИ ЗAСТOСУВAННЯ ПРИМУСOВИХ ЗAХOДIВ МЕДИЧНOГO ХAРAКТЕРУ

Abstract

This scientific work is a comprehensive and systematic study of the criminal law aspects of the application of coercive measures of medical nature, which includes a question of both theoretical and practical content.

The main purpose of the scientific work is to study the legal nature and types of coercive measures of medical nature, as well as to make theoretically substantiated proposals to improve the current criminal legislation in this area.

To realize this goal, a number of normative legal acts were analyzed, such as the Law of Ukraine "On Psychiatric Care", the Criminal Code of Ukraine, the Criminal Procedural Code of Ukraine, as well as an analysis of judicial practice and many scientific works were researched. Based on this, some shortcomings that take place in the national legislation, the absence of certain concepts and the presence of problematic issues that should be solved at the legislative level were found.

The institute of application of coercive measures of medical nature covers the legal and medical branches of knowledge, so the solution of issues of application of coercive measures of medical nature to a person is quite a complex and responsible task, since coercion as such is primarily a restriction of human rights, therefore, strict compliance with guarantees of protection of human rights by the state in applying this kind of coercion must be ensured.

Thus, the definition of criminal-legal aspects of the application of compulsory measures of medical nature to persons with mental disorders is a hot topic to this day, as it requires constant legal improvement to ensure the safety of mentally ill persons and protect society from their socially dangerous deeds.

In this connection, I consider it necessary to study the criminal-legal aspects of the application of coercive measures of medical nature today.