Compulsory Medical Measures Research Articles

Problematic aspects of attorney’s participation in pre-trial investigation under martial law

According to Article 59 of the Constitution of Ukraine, everyone has the right to legal aid. In cases provided for by law, this assistance is provided free of charge. Everyone is free to choose a defender of their rights. The Bar operates in Ukraine to ensure the right to defense against accusations and to provide legal assistance in resolving cases in courts and other state bodies. These provisions of the Constitution of Ukraine are duplicated in Article 20 of the Criminal Procedure Code of Ukraine. According to this provision, a suspect, accused, acquitted, or convicted person has the right to defense, which consists in providing him or her with the opportunity to provide oral or written explanations regarding the suspicion or accusation, the right to collect and submit evidence, to participate personally in criminal proceedings, to use legal assistance of a defense counsel, and to exercise other procedural rights provided for by the CPC of Ukraine. Thus, the direct duty of law enforcement agencies is to protect the legitimate rights and freedoms of a person regardless of his or her gender, nationality, language, citizenship, age, social origin, political beliefs, etc. At the same time, the protection of the rights, freedoms and legitimate interests of a suspect, accused, defendant, acquitted person, a person in respect of whom compulsory medical or educational measures are to be applied or the issue of their application in criminal proceedings is being decided, a person in respect of whom extradition to a foreign state is being considered, as well as a person being brought to administrative responsibility during the consideration of an administrative offense case is carried out by an advocate. This is, in particular, stated in the Law of Ukraine «On the Bar and Practice of Law» № 5076-VI of July 05, 2012. Taking into account the above provisions, it is important to identify and analyze the problematic aspects of the participation of an attorney-at-law in pre-trial investigation in accordance with the current legislation of Ukraine in the context of the introduction of martial law in Ukraine (Decree of the President of Ukraine «On the Introduction of Martial Law in Ukraine» approved by the Law of Ukraine of February 24, 2022 № 2102-IX).

Умови застосування примусових заходів медичного характеру

The conditions for applying compulsory medical measures are an important topic that requires careful study and understanding, especially in the context of human rights and medical ethics. Decisionmaking on the application of such measures should be based on specific circumstances and strike a balance between the needs of the individual and the interests of public health. The practice of applying compulsory medical measures is determined by the legislation of each country and international standards. As a rule, they are allowed only in cases of an urgent threat to the life or health of a person or other persons, when an individual cannot make an informed and conscious decision about treatment due to mental illness or other circumstances. At the same time, the use of compulsory medical measures should be limited in time and as effective as possible to achieve the goal of ensuring the safety and well-being of the individual. In addition, it should be accompanied by appropriate human rights guarantees, such as the right to information, consultation and legal protection. This article analyzes the conditions under which coercive medical measures may be applied. In particular, it examines the ethical, legal and practical aspects of this issue, taking into account the rights and interests of patients, as well as the possible consequences for their health and well-being. The article includes a review of relevant international and national legislation, case law and recommendations of professional medical organizations on the use of compulsory medical measures. The author also examines modern approaches to this issue and possible ways to resolve it within the framework of ethical and legal norms. The author of the article provides substantiated recommendations for improving the legislation and practice of applying compulsory medical measures in order to ensure maximum protection of rights and decent treatment of patients in medical institutions.

Criminological Characteristics of Persons Against Whom Compulsory Medical Measures Are Applied

The article is devoted to determining the features of the criminological characteristics of persons against whom compulsory medical measures are applied. To identify such abilities, the materials of fifty criminal cases considered by the courts of various subjects of the Russian Federation for the period from 2017 to 2023 were reviewed.

When will the courts recognize the independence of the grounds for compensation for damage caused by the illegal use of procedural for in Part 3 of Article 133 of the Code of Criminal Procedure of the Russian Federation?

The uncertainty of the criminal procedure legislation regarding the recognition of the right to compensation for harm for a certain category of persons gives rise to the relevance of the study of this issue. Based on the provisions of part 3 of Article 133, Article 139 of the Criminal Procedure Code of the Russian Federation, an analysis of the normative complex has been carried out with the help of which, in judicial practice, compensation for harm to persons caused by the unlawful application of procedural coercion measures to them should be ensured. Special attention is paid to court cases, the content of which reveals the problems of establishing the grounds for compensation for damage caused by the illegal use of procedural coercion measures. It is concluded that only participants in criminal proceedings, criminal prosecution against whom has been terminated on rehabilitative grounds, or illegally subjected to compulsory medical measures, as well as other persons illegally subjected to procedural coercion measures, have the right to compensation for harm in rehabilitation. Thus, the list of persons eligible for rehabilitation is definite and not subject to broad interpretation.

Features of sentencing for the commission of a crime under Article 314 of the Criminal Code of the Russian Federation

The subject of the study is a criminal law norm establishing criminal liability for evasion from serving a sentence and from the use of compulsory medical measures (Article 314 of the Criminal Code of the Russian Federation), the practice of sentencing for committing a crime regulated by Part 1 of Article 314 of the Criminal Code of the Russian Federation. The purpose of the work is to identify patterns of sentencing for evading the restriction of liberty imposed as an additional punishment, and on their basis to identify problems that arise when sentencing. The article analyzes judicial practice regarding the application of the provisions of Articles 69 and 70 of the Criminal Code of the Russian Federation when imposing punishment for committing a crime under Part 1 of Article 314 of the Criminal Code of the Russian Federation. The possibility of simultaneous execution of restriction of freedom, acting as an additional punishment and a suspended sentence, is being investigated. The research methodology is based on general scientific (logical, systematic, analysis, interpretation, generalization) and private scientific (specifically sociological, formal legal) methods. The scientific novelty of the study lies in an integrated approach to studying ambiguous judicial practice in cases involving evasion from serving a sentence in the form of restriction of liberty imposed as an additional punishment, based on which convicted persons undergo various consequences of criminal punishment for committing identical crimes. The necessity of attaching the unserved term of restriction of liberty (as an additional punishment) to the newly imposed punishment is justified. Recommendations are formulated to supplement the resolution of the Plenum of the Supreme Court of the Russian Federation dated 06/28/2022 No. 20 "On certain issues of judicial practice in criminal cases of crimes against justice" regarding the inexpediency of simultaneous execution of restriction of liberty imposed as an additional punishment and conditional punishment.

The state of scientific development of the use of compulsory medical measures

At the beginning of any search, regardless of its nature (legal, scientific, historical), a researcher faces a number of tasks, one of the most important of which is choosing the right methodology and algorithm for conducting his or her own research. That is why the beginning of a research often involves systematizing and analyzing existing research papers on a particular topic. This process helps to solve such key tasks as: a) clarifying the real state of scientific research on the outlined issue; b) determining the range of problematic issues that require their own scientific analysis. One of the key elements for the formation of scientific conclusions and recommendations on the application of coercive medical measures to persons is the scientific genesis of the subject matter. The purpose of the paper is to study the current state of scientific development of the use of compulsory medical measures. The paper uses the works of domestic scholars and materials from periodicals. To achieve the research objective, the paper uses general scientific and special research methods, namely: analysis, synthesis, comparison and generalization. The paper is devoted to highlighting the current state of development in the application of compulsory medical measures. The author identifies the scientific works which first mention the issues under study and the state of development since Ukraine’s independence. In addition, special attention is paid to the coverage by domestic scholars of research on the issues of application of compulsory medical measures. The author concludes that further scientific developments are needed to address the issues described in the paper. The need to improve the legislation on the application of compulsory medical measures is obvious, since the procedure for this type of differentiated proceedings has significant features that affect the subject matter of proof, the nature of decisions made and the procedural rules of the proceedings.

Criminal procedural consequences of the court’s return of an indictment to the prosecutor

The article analyses the criminal procedural consequences which will occur under the current Criminal Procedure Code of Ukraine if the court returns an indictment to the prosecutor. Based on a comparison of the provisions of the Criminal Procedure Code of Ukraine of 1960 and the current Criminal Procedure Code of Ukraine, it has been established that the current consequences of returning an indictment by a court are different from those which existed when a case was returned for additional investigation under Article 246 of the Criminal Procedure Code of Ukraine of 1960 by a judge's decision. It has been argued that no practical attempts should be made, contrary to the provisions of the current Criminal Procedure Code of Ukraine, to impose on the existing (albeit not perfect) procedural procedure for the prosecutor to eliminate the deficiencies of the indictment, the features of additional investigation which are not inherent to it.
 It has been determined that the return to the prosecutor of an indictment or a petition for the application of compulsory medical or educational measures due to the fact that they do not meet the requirements of paragraph 3 of Part 3 of Article 314 of the Criminal Procedure Code of Ukraine does not resume the pre-trial investigation, nor does it restore the course of its term. It has been proved that after returning the said procedural documents to the prosecutor, the prosecution should act without unreasonable delays and should not conduct new investigative (search) actions or other actions related to the collection of evidence. Such a return does not exclude the possibility of the prosecutor performing certain procedural actions which are of an organisational nature or are necessary to ensure the execution of a court order and to correct the deficiencies of an indictment, or a request for the application of compulsory medical or educational measures. It has been argued that a prosecutor may not, by abusing his/her rights (powers), i.e. contrary to the scope and procedure for exercising his/her discretionary powers, use the return of the above documents to actually continue the pre-trial investigation and eliminate its shortcomings. It has been concluded that in case of the opposite development of events, due to the commission of a criminal procedural offence by the prosecutor, there will be grounds for criminal procedural consequences, for example, the court's declaring the evidence inadmissible or those provided for in paragraph 10 of Part 1 of Article 284 of the Criminal Procedure Code of Ukraine.

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

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).

Compulsory Treatment of Persons Who Have Committed a Socially Dangerous Act in a State of Mental Disorder or Who Have Fallen Ill After Such an Аct: Historical Aspect

Introduction. The object of the study is the legal relationship on the establishment of state compulsory medical treatment for persons with mental disorders who have committed socially dangerous acts established in the monuments of Russian criminal law (1649–1960). Methods. In this study, the historical method was used accordingly. The comparative legal method was also used, which made it possible to draw the main conclusion – about the evolutionary (smooth, not abrupt) state regulation of these legal relations. The application of the theological method led to the conclusion that until the beginning of the XIXth century, these persons who had not committed serious socially dangerous acts were kept either by relatives or in monasteries, being essentially outcasts. Results. One of the main conclusions was the conclusion that it is necessary to return to the list of socially dangerous acts committed by persons in a state of insanity or by persons who became insane after committing such an act, as the basis for applying compulsory medical measures to such a person. Discussion and Conclusion. In this study, the author came to the following conclusions: 1) state compulsory measures against persons with mental disorders were first officially enshrined in the Cathedral Code of 1649: they represented control over the independent healing of a sick person for his subsequent responsibility in court; 2) state compulsory measures for persons with mental disorders in the form of premises: in the monastery were provided in 1715 by the Military Article, in the orders of public charity in 1775, in special homes of the insane in 1845 by the Code of Criminal and Correctional Punishments; 3) state compulsory measures against persons with mental disorders in the form of compulsory treatment of such persons were first provided for in 1922 by the Criminal Code of the RSFSR. At the same time the basis for the application of such measures narrowed: if before the RSFSR Criminal Code of 1922, such a basis (in addition to the crime committed by him) was the danger of such a person (both for himself and for society), then since 1922 such the basis (in addition to the crime committed) began to recognize the danger of such a person only to society. This state of affairs existed normatively until the Criminal Code of the Russian Federation in 1996. The statement of this fact refuted the hypothesis of an evolutionary improvement in the attitude towards persons with mental disorders according to the monuments of Russian law. This research can be used in the study of the historical development of the types of state compulsory measures on the treatment of persons with mental disorders (who committed or fell ill after a socially dangerous act), and for determination of the grounds for the application of each of them.

Peculiarities of a court decision in criminal proceedings involving persons suffering from mental disorders

The article, based on the analysis of the provisions of criminal and criminal procedural law and relevant judicial practice, reveals the peculiarities of the court decision in which compulsory medical measures are applied to persons with limited criminal convictions. Such peculiarities include: the adoption of a court decision regarding defendants with limited convictions in the form of a sentence; the regulatory limitation of the variability of compulsory medical measures only by the provision of outpatient psychiatric care on a compulsory basis; inconsistency in the terms of the prescribed punishment and the use of compulsory medical measures. The latter determines the logic of the question regarding the need for the simultaneous application of two criminal-legal measures of a different nature. It is noted that the procedure for applying compulsory medical measures to persons with a limited criminal record is related to criminal proceedings regarding the application of compulsory medical measures (Chapter 39 of the CPC).In the context of the problems considered, the issue of the possibility of concluding and approving an agreement in criminal proceedings involving persons suffering from mental disorders is investigated. Both court decisions that approved such an agreement and court verdicts that refused to approve the agreement are analyzed from the point of view of argumentation. In terms of three key aspects (the subject of criminal procedural consensus; voluntariness as one of the manifestations of criminal procedural capacity; prospects for fulfilling the terms of the concluded agreement), the position is expressed regarding the expediency of enshrining at the legislative level the impossibility of concluding and approving an agreement with the participation of a suspect, an accused person who has a limited criminal record. It is proposed to extend a similar approach to the victim suffering from mental disorders and to determine that it is impossible to conclude a reconciliation agreement with their participation.

Производство о применении принудительных мер медицинского характера: проблемы регламентации процесса доказывания

Производство о применении принудительных мер медицинского характера: проблемы регламентации процесса доказывания

Problematic issues of collecting evidence by the defense in criminal proceedings

The genesis, legislative enshrining in the norms of international legislation and the Constitution of Ukraine of the national process regarding the provision and implementation of the right to professional legal assistance in the criminal proceedings of Ukraine, as well as the state of the procedural mechanism for collecting evidence by the defense party, have been studied. The method of comparison has been applied with respect to the previous criminal procedural legislation of 1960 and the current Criminal Procedure Code of Ukraine of 2012 on the issues raised. At the retrospective level, existing problematic issues of the procedural mechanism for collecting and obtaining evidence by the defense at the stage of pre-trial investigation have been investigated. For this purpose, it has been clarified the powers of the defense party, including defense counsel, suspect, accused, convicted, acquitted person, person in respect of whom the use of compulsory medical or educational measures are envisaged or the issue of their use has been decided, as well as person in respect of whom the issue of extradition to a foreign state is to be considered, to collect evidence. At the same time, the scientific positions of scientists and representatives of scientific schools, the results of the existing discussion on the raised problematic and promising issues have been investigated.
 Based on the results of the research, a number of proposals and recommendations for improving theoretical and applied issues in the researched direction have been developed and proposed. Attention has been drawn to the fact that the Criminal Procedure Code of Ukraine enshrines provisions according to which the defense is granted the right to collect factual data significant for criminal proceedings, but at the same time, the procedural form of implementing this right is not fully provided for, which is the subject to legislative clarification. In the course of discussion, the suggestions of the scientists regarding the elimination of the inconsistency between the use and application of the phrase “the right to professional legal assistance”, which is enshrined in the Basic Law of Ukraine, but not implemented and used in the current Criminal Procedure Code of Ukraine and other legislative acts, have been supported. It has been proposed to eliminate the indicated inconsistencies in a legislative manner.

FORMATION OF THE INSTITUTION OF THE APPLICATION OF COMPULSORY MEDICAL MEASURES IN THE RUSSIAN STATE

The issue of legal regulation of the use of compulsory treatment measures is of interest, since it contains a number of gaps regarding the development of the institution of formation itself. The article notes the importance of studying the normative material of the XVII century, since it allows you to get a more comprehensive idea of the legal status of persons who have violated the law and are subject to compulsory treatment. The methodological basis consisted of: the method of formal legal analysis of legal acts before the XVIII century; the historical and legal method made it possible to trace the formation of the institution of the use of compulsory medical measures. The aim of the work is to analyze the legal material and the positions of researchers regarding the use of compulsory medical measures before the XVIII century. Particular importance is given to the XVII century. Since that time, the state begins to pay attention to the problem of legal regulation of the situation of persons with mental disabilities and who have violated the law. In 1669 New proof articles are accepted, which for the first time speak about the insane who committed murder, endowing them with legal personality. The author comes to the conclusion that since the XVII century in Russia, the institution of the use of compulsory medical measures begins to form, as evidenced by the available legal acts. The article shows that the place of isolation and forced treatment was, as a rule, the church. Compulsory treatment was provided for males.

On the issue of returning to the prosecutor a petition for the application of compulsory medical measures

In preparatory proceedings, the court has the right to return to the prosecutor a petition for the application of compulsory medical measures (hereinafter referred to as CMM) in case of non-compliance with the requirements of the Criminal Procedure Code of Ukraine (hereinafter – CPC). The article highlights and discusses the typical shortcomings of a petition for the application of CMM, which became the basis for its return to the prosecutor. At the same time, the scientific analysis of the identified shortcomings of this final document was carried out in the context of the modern approach of judicial practice, which is that the return of a petition for the application of CMM to the prosecutor does not imply a formal non-compliance of such an act with the requirements of the law, but the presence of shortcomings that prevent the court from ordering a trial. Thus, based on the results of the scientific analysis, it is concluded that there are no such procedural errors, the elimination of which is possible only in the format of returning a petition for the application of CMM to the prosecutor. At the same time, attention is focused on the expediency of eliminating the shortcomings of a petition for the application of CMM in the preparatory proceedings by postponing the hearing and giving the prosecutor the opportunity to adjust the content of the petition for the application of CMM and submit an updated version at the next hearing. To some extent, this is facilitated by the lack of a clearly defined deadline for the completion of the preparatory proceedings.
 It is stated that the return of the petition to the prosecutor a petition for the application of CMM increases the terms of criminal proceedings without objective necessity, given the lack of time limits in the law to return the amended petition to court. At the same time, it is noted that in the perspective of considering this petition, the court appoints CMM, therefore, the untimely appointment of proper treatment to a person may result in the onset of inevitable consequences of their mental health.

Features of the criminal procedural status of a person in respect of whom proceedings are being conducted on the application of compulsory medical measures

The criminal procedural status of a participant in criminal proceedings is of particular importance in the implementation of his criminal procedural functions during the investigation of a criminal case. In the article, the author presents the characteristics of the criminal procedural status of a person who committed a socially dangerous act in a state of insanity and a person whose mental disorder occurred after the commission of a crime. The procedural rights, duties and legal responsibility of a key participant in the proceedings on the use of compulsory medical measures are considered. The procedural rights of this participant in criminal procedural legal relations are classified depending on the implementation of a specific function during the investigation of a criminal case. The author draws attention to the specifics of the content of the procedural status of a person in respect of whom proceedings are being conducted on the application of compulsory medical measures, and argues that such elements as procedural duties and legal responsibility of a participant in criminal procedural legal relations are not included in the criminal procedural status of a person suffering from a mental disorder. It is noted that the problem of balancing the rights and obligations of participants in the criminal process is emerging in this regard. The author suggests filling this gap with the duties of the legal representative of the person against whom the proceedings on the application of compulsory medical measures are being conducted.

VALUE AND AMOUNT OF THE RETURN OF THE APPROVAL ACT AND CLOSURE ON THE APPLICATION OF APPLICABLE MEASURES OF MEDICAL OR EXCITING CHARACTER OF THE PROSECUTOR

Purpose. The purpose is to investigate the essence of the return of the indictment and the request for the use of compulsory measures of medical or educational nature of the prosecutor and the identification of its significance in criminal proceedings. Methods. The methods used are analysis, synthesis, comparison, analytical and statistical. Results. It is established that the importance of the institute for the return of the indictment, the institute for the return of the request for the use of compulsory measures of a medical nature and the institution for the return of the petition for the use of compulsory measures of educational nature of the prosecutor, if they do not meet the requirements of the CPC of Ukraine in the system of current norms of the CPC of Ukraine and generally accepted principles and norms of international law, should be considered as important elements of the mechanism for ensuring a human right to a fair trial. The main aspects that determine their essence, such as ensuring by means of a return of the indictment by the court, a request for the use of compulsory measures of a medical nature and a petition for the use of compulsory measures of educational nature of the prosecutor on the constitutional rights of the accused and the victim for judicial protection and access to justice, as well as realization of other principles of criminal proceedings. It is stated that after analysing the legislative regulation of existing institutes of returning to court proceedings in the first instance, their limited regulatory consolidation, which could lead to abuses of pre-trial investigation, delaying consideration, violation of the rights and interests of participants in criminal proceedings. Conclusions. It is recommended to formalize (to standardize) the reasons for the return of the indictment, the request for the use of compulsory measures of a medical or educational nature of the prosecutor, to establish clearly defined deadlines for eliminating the identified deficiencies, and to legislatively establish the duty of the prosecutor to immediately send the indictment, a request for the use of compulsory medical or educational measures character to the court after eliminating the identified shortcomings.

Problems of juvenile criminal liability

Despite many years of discussion by scientists and practitioners, the issue of juvenile criminal liability remains relevant today. In the criminal legislation of the Soviet period, the peculiarities of the criminal responsibility of minors were regulated not by an independent institution, but by separate norms of various institutions of Criminal Law (chapters on crime, on punishment, on sentencing and on release from punishment, on compulsory medical and educational measures). With the adoption in 1996 of the Criminal Code of the Russian Federation, the regulation of juvenile criminal liability changed both in form and in content, which led to the appearance in the criminal law doctrine of heated discussions concerning the validity of certain legislative decisions. They have not stopped to this day. The article examines the effectiveness of measures of criminal law impact on juvenile criminals, proves the need to reduce the age of criminal responsibility for certain types of crimes, as well as the need to expand the application of criminal penalties not related to imprisonment to adolescents.

Some issues of the institute of compulsory medical measures

Some issues of the institute of compulsory medical measures

Legislative Initiatives Regarding the Tightening of the Responsibility for Non-Fulfillment of the Obligation to Undergo Treatment for Drug Addiction: Problems and Future Visions

Various psychoactive substances that are in illegal circulation cause significant damage to the health of the population. Discussions among scientists about measures to reduce the level of drug use have not been stopped for many decades. The main goal of all researches is to search for effective anti-narcotic drugs and the implementation into practice of new technologies to counter drug crime. Following the scientists, a legislator tries to choose the most optimal designs that allow an objective and comprehensive assessment of the actions of violators, taking into account the need to save repressive measures. In the first edition, the current Criminal Code of the Russian Federation allowed the use of compulsory medical measures to persons with an established diagnosis of "drug addiction". Later, the measures of compulsory treatment were recognized as inhumane and abolished. They were replaced by the institution of imposing by the court on a drug addict the obligation to undergo treatment for drug addiction, medical and (or) social rehabilitation. As an interim measure, a legislator in 2013 put into effect Article 6.9.1 of the Code of Administrative Offences of the Russian Federation, which provides liability for evading a drug addict from the duty imposed by the court. Currently, a legislator offers to tighten the responsibility of a drug addict for evading treatment and rehabilitation by introducing an administrative prejudice. The conducted research has shown that it is possible to achieve the desired result by other means.

The socio-legal nature of compulsory medical measures in accordance with the criminal legislation of Russia and Mongolia

The subject of this study is the institute of compulsory medical measures.
 Goal. This study involves determining the essence of compulsory medical measures in accordance with the criminal legislation of the Russian Federation and Mongolia, as well as scientific justification of the need to distinguish between criminal liability and other measures of criminal legal influence applied to persons who have committed an act prohibited by criminal law.
 Methodology. The methodological basis of this study is presented by the dialectical method of scientific cognition. In the course of the research, private scientific methods of cognition used in the humanities were also used, namely: in determining the essence of compulsory medical measures inductive, deductive, system-structural and content analysis; in the process of studying the provisions of the criminal legislation of Mongolia on the regulation of compulsory medical measures-a comparative legal method.
 Results. The criminal legislation of the Russian Federation and Mongolia is analyzed, doctrinal studies on the declared topic are studied, the socio-legal essence of compulsory medical measures is formulated and scientifically substantiated.