FEATURES OF THE APPLICATION OF COMPULSORY TREATMENT TO PERSONS WHO COMMITTED CRIMINAL ACTS IN THE FIRST YEARS OF SOVIET POWER

Abstract

The article considers the main problems associated with the formation of measures of a compulsory medical nature of the first years of Soviet power from 1918 to the mid-1930s. It was noted that it was during this period of time that the most complex processes occurred due to the need to form a new approach to understanding compulsory treatment. It was determined that the problems were associated not only with the process of developing a holistic right position on the concept and definition of the essence of insanity and the need to apply isolation, but also with the process of practical implementation. Features of the formation of measures of compulsory treatment at different stages of development are highlighted. Initially, the policy was characterized by the temporality and instructiveness of a legal approach focused on punitive methods. In the 1920s there was a transition to social protection measures. In the 1930s there was a clear legal division of competencies between law enforcement and medical authorities in the matter of making a diagnosis and making a decision on the appointment of measures for compulsory treatment, regulated by the 1935 Instruction and based on a scientific approach. The results of the legal development of the Soviet state in the first decades of its existence regarding compulsory treatment against persons who committed criminal acts were summed up. The methodological basis of the work was the formal-legal method, which made it possible to conduct a comprehensive analysis of the legal acts of the period under consideration, the historical and legal method helped to trace the peculiarities associated with the formation of the legal approach of the state in relation to insane persons.