On The Legal Nature Of Coercive Measures Of Medical Character

Abstract

Solution of problems of improvement of the Russian criminal legislation including validity of reference by the legislator of a certain legal phenomenon to the sphere of criminal and legal regulation, will be impossible without explanation of the legal nature of this phenomenon. One of these legal phenomena is the institute of coercive measures of medical character of domestic criminal law applied to mentally sick persons who made socially dangerous acts or crimes. For research of validity of reference of coercive measures of medical character to the sphere of criminal and legal regulation explanations of the maintenance of these measures are analyzed by appropriate subjects as the uniform understanding scientific their legal nature will allow us to establish the right legislative decision. Besides, the analysis of doctrinal interpretation of coercive measures of medical character of criminal law will help to develop measures for improvement of the existing criminal legislation in case positions of scientists are shared and this institute is given various interpretation. Research showed that today scientists-lawyers offer over twenty definitions of concept of coercive measures of medical character which both are mostly similar among themselves, and are opposite each other. So one authors considering the legal nature of coercive measures of medical character consider them legal measures (criminal and legal). Other researchers adhere to the mixed approach and consider these measures at the same time criminal and legal and medical. Supporters of the third approach consider coercive measures of medical character of the Russian criminal law only medical. Therefore, in the criminal legislation there are problems in a regulation of these measures. As it is represented, as the main reason that in the same legal phenomenon the rules of law of various branch accessory having various mission are integrated acts. These precepts of law reflect features of legal regulation in various areas of the public relations, including the relations which are outside action of criminal law and branches, adjacent to it. Their number includes the criminal and criminal procedure law, the criminal and executive right, international law and a constitutional right, the medical right and its such branches as the general and judicial psychiatry. Therefore, as the main problem establishment and permission of questions of a ratio of regulations of various branch accessory acts, and also in definition of temporary borders when one standardly legal act stops the action and begins the action another.