Coercive Measures of Medical Intervention: «Public Security Measures» Sectio

A draft Section "Public Security Measures" is formulated in accordance with the authorized concept of coercive measures of medical intervention, according to which compulsory treatment is not criminal in nature, as in its legal nature, as well as other measures of medical intervention, it amounts to a security measure that is governed by prescriptions traditionally included in the Criminal and Criminal Procedure Codes of the PF and the basic provisions are laid down in the Law of the RF № 3185-I of 2 June 1992 "On psychiatric care and guarantees of the rights of citizens in its provision." The draft Section reflects basic requirements of legislative technique concerning the structure of a normative regulatory text and clarity of presentation of regulations. As a result of compliance with this requirements, new articles, parts of articles and a note have been included in the Chapter entitled "Coercive Measures of Medical Intervention." A number of articles have changed their location. In deciding on the titles of the section, chapter, articles and penal provisions, the author takes into account recommendations of legislative textology aimed at improving their quality Titles generalizing normative texts of the chapter are brought in exact accordance with their contents. The initial article of the chapter defines the key concept of "coercive measures of medical intervention." The grounds for imposing and application of coercive measures of medical intervention include danger of persons who committed socially dangerous acts or crimes caused by their mental disorder. For the first time, within the framework of a certain article, the criteria for imposing compulsory treatment in medical organizations of various types that provide psychiatric care are outlined Separate articles highlight the substitute of examination of a person subjected to compulsory treatment and the substitute of prolongation, modification and termination of compulsory treatment. Within this section, an integral theoretical model of the Chapter "Coercive Measures of Medical Intervention" has been developed and a brief legislative and textological characterization of each article and its structural elements is given

Public safety measures, coercive measures of medical intervention, concept of compulsory measures of medical intervention, criteria for imposing compulsory treatment in various types of medical organizations, examination of a person subjected to compulsory treatment

1. Достовалов С. Цели принудительных мер медицинского характера // Законность. - 2000. - № 1.

2. Качество уголовного закона : проблемы Общей части / отв. ред. А. И. Рарог. - М., 2016.

3. Понятие и виды иных мер уголовно-правового характера. - М., 2011.

4. Ситникова А. И. Уголовно-правовая текстология. - М., 2016.

5. Уголовный закон. Опыт теоретического моделирования / отв. ред. В. Н. Кудрявцев, С. Г. Келина. - М., 1987.