Foreign experience in legislative regulation of forced treatment
Journal Title: Альманах міжнародного права - Year 2018, Vol 19, Issue
Abstract
The article is devoted to the comparative legal analysis of the legislative regulation of forced treatment in the criminal legislation of Ukraine and foreign countries. The legal nature of this measure, the basis, terms and the procedure for its application are investigated. This made it possible to conclude that in criminal law of foreign countries, forced treatment is usually considered as a variety of “security measures” (there are also the names of “measures of safety and treatment”, “measures of correction”), whereas in Ukraine it refers to criminal-law measures that are not punishable. Interesting and promising from the point of view of possible implementation are provisions on the application of forced treatment not only to persons who have a disease that presents a danger to the health of others, but also to alcoholics and drug addicts; specification and refinement of the purpose of forced treatment; definition of the limits of the duration of forced treatment, for example, the minimum or maximum term; establishing a court order to visit the institution where alcoholic beverages are sold. Іn general, studying and analyzing foreign experience in the legal regulation of forced treatment, comparing it with domestic norms, allowed to draw important conclusions and identify areas for improving national criminal law and law enforcement practice.
Authors and Affiliations
І. В. ЖУК
Keywords
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