INVOLUNTARY TREATMENT OF PERSONS SUFFERING FROM SOCIALLY SIGNIFICANT DISEASES: COMPLEX RESEARCH OF LEGAL REGULATION

On the basis of an integrated approach the authors of the paper address to the problem of involuntary treatment of persons suffering from socially signifi cant diseases. The paper provides the assessment of nature and intensity degree of repressive measures that can satisfy the concern of people interested in isolating a person suffering from a socially significant disease, on the one hand, and the interests of a patient hospitalized in a medical institution, despite the fact that the person did not commit any illegal malicious acts, on the other hand. Taking into account the chosen integrated approach, the authors refer to the assessment of criminal law measures, as well as to the assessment of protective measures currently being implemented in administrative proceedings. The paper analyzes the judicial activity on hospitalization sanctioning in terms of legality of referring it to administrative proceedings (rather than to civil proceedings, as it was before), as well as to the cases related to the judicial control over the exercise of power. Considering the nature of court decisions enforcement in this category of cases the authors assess the appropriateness of its positioning as ordinary enforcement proceedings. This paper attempts to determine the stimulation admissibility of a debtor to enforce judicial decisions in this category of cases on the basis of criminal law prohibitions.