GENESIS OF THE INSTITUTE FOR THE APPLICATION OF COMPULSORY MEDICAL MEASURES
Journal Title: Правовий часопис Донбасу - Year 2018, Vol 65, Issue 4
Abstract
On the basis of a comprehensive analysis of diverse sources of research, the article analyzes the peculiarities of the phased development of the institute of compulsory measures of a medical nature. Particular attention is paid to the issues of normative consolidation of the state's relation to insane persons. It also reflects the genesis of formulating the very concept of insanity and the creation of special institutions with the introduction of medical measures. Achievement of social and scientific significance is possible through the comparative legal study of the development stages of the institute of compulsory measures of a medical nature through a historical prism, starting with the mythological notions of people about mental disorders of individuals and the isolation of compulsory measures of a medical nature in a separate institute. Conducting such studies will open up additional opportunities for improving the process of implementing European standards in national legislation. The distinction between the stages of the historical formation of the opinion and the scientists’ attitude and the state towards the institute of compulsory measures of a medical nature contributes to the possibility for scientists to predict retrospective ways of improving the institute of primitive measures of medical character in order to implement European standards in the process of realizing the people’s rights with mental disorders Taking into account the volume of existing information on the given issue and foreign experience, it is possible to conduct a study of the establishing stages the institute of compulsory measures of medical nature. Conducting such a study will open up the opportunity to know the modifications that have undergone the process of protecting society from the mentally ill who have committed crimes, as well as the process of treatment these individuals. In addition, the article provides normative legal acts that stipulate the status of persons with mental disorders since the time of existence of the state and until the end of the year.
Authors and Affiliations
Volodymyrа Pechko
Keywords
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- EP ID EP496515
- DOI 10.32366/2523-4269-2018-65-4-214-220
- Views 133
- Downloads 0
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