Institute of Compulsory Medical Measures (Problems and Prospects for Improvement)

The institute of compulsory medical measures plays an important role in addressing the issue of increase in efficiency of criminal law rules in the sphere of safety assurance of the society from social dangerous acts of persons suffering from mental frustrations. In this paper, problems and prospects for improving the institute of compulsory medical measures were identified. In particular, the following tasks were performed to achieve this goal: In this study, three main groups of definitions and types of compulsory medical measures were considered. Separately, the features of the application of coercive measures of a medical nature to persons who have committed crimes in a state of insanity or of diminished responsibility were considered. The role of the expert in the judicial process was also analyzed. The problem of budgetary constraints affecting law enforcement decisions related to medical coercive measures was highlighted, and issues of criminal procedural incapacity, also closely related to the use of medical coercive measures, were disclosed. In a separate chapter, a review of foreign legislation on compulsory psychiatric care (in Ghana and in France) was conducted, which made it possible to make some suggestions for improving the institution of coercive measures in our country. Also in this study, theoretical and practical proposals were developed to improve legislation in the field of medical coercive measures. These findings contribute in several ways to understanding of the institute of compulsory medical treatment and provide a basis for increase in efficiency of provisions of criminal legislation in the sphere of safety assurance of the society from social dangerous acts of persons suffering from mental frustrations.