The organizational and legal model of the use of compulsory medical measures in the soviet period

The article considers the stages of formation and development of the Soviet organisational and legal model of coercive measures of medical nature. It is noted that the first stage covers the 20s-40s of the twentieth century and is characterised by the emergence and formation of the legal foundations and system of compulsory provision of psychiatric care to the population, and the second stage covers the 40s-80s of the twentieth century and is characterised by the formation of the Soviet model of application of coercive measures of medical nature. It is indicated that the features of the first stage of compulsory treatment are the following: compulsory measures against mentally ill persons were considered as measures of social protection of society from new violations on their part; such measures were separated from punishment, since they were applied to persons with mental illnesses and other mental disorders who committed crimes or other acts dangerous to society; there was a practice referrals to psychiatric institutions for people without mental disorders, but with obvious antisocial or criminal behavior; the terminology of mental disorders has acquired a stigmatizing character (persons with "mentally and morally defective", etc.); a system of specialized psychiatric hospitals has been formed for the treatment of mentally ill persons who have committed socially dangerous acts; the activities of psychiatric medical institutions have become closed to society, since a system of subordination and control of specialized psychiatric hospitals to internal affairs bodies has developed, and There were no elements of public control; the use of radical methods of treatment in the treatment of mental disorders; the acquisition by psychiatric medical institutions of the appearance of penitentiary institutions due to their departmental affiliation to internal affairs bodies and the detention of persons who have committed crimes in them. It is proved that the features of the second stage of compulsory treatment are: a gradual transition from stigmatizing terminology to the use of more neutral terminology; clearer legal regulation of the procedure for the application of compulsory medical measures; legislative consolidation of an exclusively judicial procedure for the application, extension, modification and termination of compulsory medical measures. It is stated that the Soviet model of the use of compulsory medical measures is characterized by such features as the use of stigmatizing terminology ("mentally and morally defective", etc.); the closed nature of psychiatric medical institutions for society (isolation of patients from society, lack of public control over their treatment methods); the dominance of departmental legal regulation of psychiatric institutions; the use of radical therapy; widespread use of occupational therapy methods. The authors declare no conflicts of interests.

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