General principles of coercive medical measure application: concepts and basic criteria

Keywords: personalization, coercive medical measures, impact, general principles, selection of medical measures, change of medical measures.

Abstract

The article is devoted to the study of the general principles of coercive medical measure application and formulation of the author's own generalized conclusions on this basis, aimed at further development of the scientific idea of such coercive measures of criminal law impact personalization and improvement of their practice implementation through compliance of law enforcement entities with certain rules or criteria. It has been noted that one of the shortcomings of the general principles regulatory certainty of coercive medical measures application is that the current criminal legislation of Ukraine does not have an article that would separately enshrine such general principles or rules. In this regard, the author has proposed own definition of general principles of coercive medical measures application concept and a variant of its regulatory definition in a separate article of the current criminal legislation of Ukraine.

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Author Biography

A. M. Yashсhenko , Kharkiv National University of Internal Affairs

Doctor of Law, Professor.
Department of Criminal Law and Criminology.

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Published
2023-03-07
How to Cite
Yashсhenko A. M. (2023) “General principles of coercive medical measure application: concepts and basic criteria”, Law and Safety, 88(1), pp. 35-43. doi: 10.32631/pb.2023.1.03.