Compulsory measures of medical character: theoretical and practical legal problems
The article concerns some debatable issues concerning application of the compulsory measures of medical character. In particular, the author analyzes legal nature of the said measures, evaluating various approaches in the science of criminal law towards this issue. The most preferential approach seems to involve defining the compulsory measures of medical character as criminal law security measures. The author also provides detailed analysis of the issue on the goals of compulsory measures of medical character, including the studies of Art. 98 of the Criminal Code of the Russian Federation «Goals of application of the compulsory measures of medical character», the generally accepted classification of such goals, their nature and correlation. The author pays attention to the existing defects of the said article and provides her own substantiation and propositions on the further improvement of the goals of the compulsory measures. Finally, the author discusses the problems of legislative regulation of the procedure of implementation of the compulsory measures of medical character, uncovering the defects and significant gaps in their legal regulation and offering the possible ways to overcome these gaps and defects.