Недобровольное медицинское вмешательство: опыт судебного санкционирования

Abstract

We analyze the features of the legal regulation of the issues of providing medical care in an involuntary manner in connection with infectious diseases that pose a danger to society. We formulate the grounds for compulsory application of medical interventions to people with or suspected of having COVID-19. We substantiate the need for involuntary use of various types of medical intervention in situations of mass spread of dangerous infectious diseases. We propose a mechanism for compulsory implementation of medical intervention measures, which involves mandatory judicial control over the legality, necessity and proportionality of their application. It is sub-stantiated that in an epidemic or pandemic, all medical interventions that are authorized to use by health care professionals should be supported by an en-forcement mechanism. In addition, we assume that the court can authorize not only compulsory hospitalization, which is currently explicitly specified in the legislation, but also compulsory medical examination (inspection), re-strictive quarantine measures (isolation), preventive vaccination in a situation of infectious diseases mass spread. We justify the possible allocation of a single section in the Code of Administrative Judicial Procedure of the Russian Federation on judicial control over various types of involuntary medical intervention.