Особенности применения мер медицинского характера, соединенные с наказаниями без изоляции от общества

Abstract

Relevance. Medical measures are currently not applied to persons who have committed a criminal offense, along with criminal penalties that are not related to isolation from society, due to the lack of clear legislative regulation of legal norms, as well as the contradictions of criminal and penal enforcement legislation in this part. The purpose it consists in identifying the features of the use of medical measures combined with punishments without isolation from society and in developing relevant proposals for improving the current legislation in this part. Objectives: to study the Russian legislation in terms of regulating the features of the use of medical measures, combined with punishments without isolation from society; to develop relevant proposals for improving the legislation in this part. Methodology. The work uses a set of traditional research methods. The methodology is based on the universal dialectical cognitive method. Besides, the authors used general scientific research methods: logical method, analysis and synthesis, which together ensures compliance with the universal principles of scientific knowledge. Results. The features of PMMX connected with punishments without isolation from society are investigated, gaps, contradictions of the criminal and criminal – executive legislation of the Russian state are revealed, on the basis of which actual proposals for improving the legislation in this part are developed. Conclusion. The use of PMMX along with criminal punishment, in law enforcement activities, causes a number of problems, especially this is associated with criminal penalties that are not related to isolation from society, which is why there is no law enforcement practice for the application of PMMX to convicted persons along with criminal penalties that are not related to isolation from society. In this connection, there is a need to improve the criminal and penal enforcement legislation.