Open AccessINVOLUNTARY ADMISSION TO HOSPITAL IN FOREIGN COUNTRIES: ADMINISTRATIVE AND JUDICIAL PROCEDURES
Author(s) -
A. A. Solovyev,
Е. V. Aristov
Publication year - 2020
Publication title -
vestnik permskogo universiteta. ûridičeskie nauki
Language(s) - English
Resource type - Journals
eISSN - 2658-7106
pISSN - 1995-4190
DOI - 10.17072/1995-4190-2020-49-418-441
Subject(s) - normative , legislation , administrative law , judicial review , enforcement , scope (computer science) , principal (computer security) , political science , law , judicial opinion , business , computer science , programming language , operating system
the article deals with the legal regulation of the involuntary admission procedures in different countries. Purpose: to study different administrative and judicial procedures that regulate the process of involuntary hospitalization and treatment through the instrumentality of court and other authorized bodies. Methods: the methodological framework of the research is represented by a group of general scientific methods: systematicity, analysis and synthesis, concretization. The principal private law method of the research is the comparative legal analysis. Results: the research has revealed the absence of a unified approach in legislation of different countries to the content of administrative and judicial procedures regulating the mechanism of involuntary hospitalization and medical treatment. The scope of administrative judicial procedures was found to differ in terms of legal regulation. The competency of administrative and judicial bodies in various countries with regard to the issues under study was defined. Conclusions: analysis of the relevant normative legal acts of various countries allows for a conclusion that different approaches in legal regulation make it possible not only to use different administrative and judicial procedures for involuntary admission but also to introduce different law enforcement acts, while not always by judicial and administrative bodies.