Conditions for the provision of psychiatric care under compulsion: civil law aspect

Abstract

The article is devoted to the issues of compulsory psychiatric care and ensuring the legitimate rights and interests of a person suffering from mental disorders and subjected to compulsory medical measures. It is noted that the level of a person’s mental health is determined by the influence of many factors – social, biological and psychological. The analysis of current legislation and specialised literature are allowed the author to argue that the issue of mental health of people, the population as a whole, is relevant today also because humanity is faced with various stress factors which can negatively affect human health, and in particular, mental health, worsen the moral and psychological climate in the family due to illness or death of loved ones, devastating natural disasters with a huge number of victims, military conflicts, military operations, including in Ukraine, which entail huge human losses and cause suffering for many.
 The author is substantiated the conclusion that compulsory psychiatric care is possible and necessary on the following grounds: the presence (assumption) of an acute mental illness or exacerbation of a chronic mental illness requiring inpatient treatment; danger of a mentally ill person to others or to himself/herself (psychomotor agitation with a tendency to aggressive actions, systematic delusional syndromes if they determine the patient’s socially dangerous behaviour, depressive states with suicidal tendencies, epileptic status, manic and hypomanic states that cause violations of public order or aggressive behaviour towards others, etc. etc.); inpatient examination (labour, military, forensic psychiatric).