On some types of compulsory isolation from society in Russian legislation

The national legislation establishes the list of measures of compulsory isolation from society with regard to the criteria developed by the legal science and international legal standards. These include measures that have such features as special bodies and institutions they are implemented in; protection and supervision over persons held in these bodies and institutions; strict regulation of lifestyle of such persons; limitation of their satisfaction of a range of social and biological needs including those of living conditions. The European Court of Human Rights considers compulsory isolation from society as a form of deprivation of physical liberty, which consists in a forced stay in a confined space, isolation of a person from society, family, termination of his / her duties, inability to move freely and communicate with the general public. The features of measures of compulsory isolation from society, in our opinion, also include their appointment by the court or application by specifically authorized agencies or officials in the procedural order. They involve limitation of fundamental rights and freedoms of persons, and their execution, although temporary, lasts for an extended period and usually implies placement to other persons serving similar types of compulsory isolation. By international standards, compulsory isolation is all types of forced seclusion from society appointed in order to ensure the interests of pre-trial proceedings and justice in criminal and other cases, as well as security in the execution of criminal sanctions and other coercive measures that are executed in special closed institutions by court decisions and do not exclude educational, medical and correctional impact. Among the measures of compulsory isolation from society in the domestic legislation are the following. Coercive measures of isolation of administrative nature are administrative detention, administrative arrest, placement in detention and isolation centers. Penal measures in the narrow sense include pre-trial detention and custody, criminal penalties involving isolation from society, as well as detention when executing the sentence. Penal measures in the broad sense include criminal procedure detention, forced detention in a specialised psychiatric hospital and a specialised psychiatric hospital with intensive supervision, criminal punishment not related to isolation from society. Coercive measures similar to penal, but other than the latter, are compulsory education of a minor in a special closed educational institution and house arrest. These measures differ in their legal nature, implementation order, as well as the gravity of service.

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