Procedure on the application of compulsory medical measures: national and international legal dimension
This article is devoted to the study of issues of rights and legitimate interests of persons with mental disorders in the course of criminal proceedings in the context of international fair trial standards, the central of which is the case law of the ECHR. The relevance of this topic is due to a considerable number of ECHR judgments in which the ascertained violations of the rights of this category of subjects of criminal proceedings for judicial protection, a fair trial, as well as qualified medical assistance. At the present stage it is necessary to consider the compliance of legal position of higher courts in Russia and modern forms of enforcement practice with the specified legal standards of the ECHR. The article analyzes the patterns of evolution of legal regulation of criminal procedure status of persons with mental disorders, describes the content of the latest decisions of the ECHR and the Supreme Court on these matters, and identifies current trends in the Russian judicial practice. Considerable attention is given to the identification of problematic areas of legal regulation of procedure on application of compulsory medical measures and to the formulation of proposals de lege ferenda aimed at improving the provisions of the Criminal Procedural Code, the harmonization of its provisions with the acts of the ECHR on the basis of the balance of public and private interests.