TOPICAL ISSUES OF THE REALIZATION OF THE RIGHT TO PSYCHIATRIC CARE

Improving the quality and life expectancy of citizens largely depends on the availability and quality of medical care. The article is devoted to the right to psychiatric care. Having analyzed the definition of mental health given by the World Health Organization, one can conclude that it is a mentally healthy person who can fully realize their potential, withstand stress, carry out productive activities, and make contributions to public life. The main reflections are concentrated around the immediate receipt of psychiatric care, not only with the patient’s consent, but also without it. In this case, on the one hand, the right to medical care is respected, and on the other, the constitutional right to freedom is limited. This thesis applies equally to all cases of involuntary hospitalization. The problem of respecting the rights of citizens is especially acute in proceedings for the application of compulsory medical measures. It is noted that after establishing the fact of a mental disorder, a person cannot be held in a pre-trial detention center, but must be provided with timely assistance. Having analyzed the norms of substantive and procedural law related to involuntary hospitalization, the authors identified gaps in legal regulation. In particular, it is noted that the Basic Law on Mental Health Care of 02.07.1992 No. 3185-1 does not contain provisions concerning the placement of persons who committed a socially dangerous act in a state of insanity in a medical organization that provides psychiatric care in inpatient conditions during the investigation of a criminal case.

health protection, mental health, psychiatric care, a person suffering from a mental disorder, consent to medical intervention, compulsory treatment, involuntary hospitalization, placement in a medical organization, rights of citizens, a socially dangerous act prohibited by the criminal code.

Berezin I. G., Samoilova Yu. B. Topical issues of the realization of the right to psychiatric care. Business. Education. Law, 2021, no. 2, pp. 230—233. DOI: 10.25683/VOLBI.2021.55.227.