Theoretical aspects of administrative supervision of persons for whom compulsory medical measures were applied
The article is devoted to the theoretical problems of the implementation of administrative supervision of law enforcement and other bodies of persons for whom compulsory medical measures were applied along with or instead of criminal punishment execution. It is noted that the establishment of administrative supervision is possible only for a strictly limited range of subjects with mental abnormalities, whom compulsory medical measures were prescribed. In particular, the Federal law № 64 «About administrative supervision of persons released from prison» (adopted on 06.04.2011) provides for the possibility of establishing administrative supervision only for persons with mental abnormalities such as sexual preference disorder in the form of pedophilia, not excluding sanity. Analysis of the norms of this Federal law shows that indirectly the number of supervised persons may include persons suffering from not only pedophilia, but also other mental diseases within the sanity. At the same time, it is completely impossible to establish administrative supervision over persons with mental disorders (excluding sanity) to whom compulsory medical measures were imposed instead of the execution of criminal punishment. This is due to the fact that from the point of view of the current legislation, a person recognized by the court as insane is not the subject of the crime. However, it cannot be denied that it is linked in some way to crime and is danger to society. Thus, it is highly inadvisable to leave without proper supervision by law enforcement agencies individuals who have been declared insane by a court sentence that has entered into force and who have undergone compulsory treatment in a psychiatric hospital. Administrative supervision, as a possible way of state’s influence on persons with mental disorders, both excluding and not excluding sanity within the framework of administrative legal relations, will help to reduce their potential danger to society. It indicates the usefulness of its consolidation in administrative law. Moreover, in this article the functional role of the Internal Affairs bodies and health care institutions in the implementation of administrative supervision of persons against whom compulsory medical measures were applied is determined; the problems of interaction of these bodies and institutions at the present stage are also revealed. As a conclusion, it is proposed to correct the current legislation in terms of the establishment of administrative supervision of persons against whom compulsory medical measures were applied.