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The document ceased to be valid since May 30, 2017 according to article 222 of the Code of health care of the Republic of Tajikistan of 30.05.2017 No. 1413

LAW OF THE REPUBLIC OF TAJIKISTAN

of December 28, 2005 No. 150

About counteraction to human immunodeficiency virus and acquired immunodeficiency syndrome

(as amended on 14-03-2014)

This Law, regulating the legal basis of implementation of complex measures of counteraction of epidemic of human immunodeficiency virus and to acquired immunodeficiency syndrome, covers questions of observance of the civil, political, economic, social, cultural laws and fundamental freedoms of the person, and it is directed to prevention of spread of infection of human immunodeficiency virus, decrease in vulnerability to infection, rendering qualified medical care to persons with human immunodeficiency virus and acquired immunodeficiency syndrome and mitigation at individual and social level.

Chapter 1. General provisions

Article 1. Basic concepts

The basic concepts used in this Law:

- human immunodeficiency virus - virus which causes immunodeficiency in human body;

- HIV infection - the chronic disease caused by human immunodeficiency virus;

- infected with human immunodeficiency virus - persons infected with human immunodeficiency virus (carriers of human immunodeficiency virus and patients with acquired immunodeficiency syndrome);

- acquired immunodeficiency syndrome - the terminal (final) stage of infection caused by human immunodeficiency virus;

- patients with acquired immunodeficiency syndrome - persons with clinical displays of the disease which is characterized by deep defeat of immune system human immunodeficiency virus;

- antiretrovirusiy medicines - the medical supplies influencing human immunodeficiency virus, allowing to reduce sharply content of virus in blood of the person and to prolong human life with HIV infection;

- special national groups with the human immunodeficiency virus raised by risk of infection - persons who most likely can have contact with source of human immunodeficiency virus and also play key role both in development of epidemic, and in response measures, including persons having the same-sex sexual contacts, faces providing sexual services, and the faces using injecting drugs;

- vulnerable national groups - national groups for which the risk of infection with human immunodeficiency virus, in connection with influence of adverse family, economic, social, cultural and labor conditions, including labor migrants, prisoners, street children, youth with symptoms of infections, sexually transmitted, sexual partners of persons using injecting drugs increases;

- anonymity - inspection of person on human immunodeficiency virus (consultation, testing) without specifying of surname, name and middle name and other data;

- confidentiality - prohibition on any discussion of the state of health of person or disclosure of information on him, except as in professional relations and only with the consent of person.

Article 2. Legislation on counteraction of human immunodeficiency virus and acquired immunodeficiency syndrome

The legislation on counteraction of human immunodeficiency virus and acquired immunodeficiency syndrome is based on the Constitution of the Republic of Tajikistan and consists of this Law and other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by the Republic of Tajikistan.

Article 3. Application of this Law

Operation of this Law extends to citizens of the Republic of Tajikistan, foreign citizens, refugees, displaced persons and stateless persons.

This Law is applied to the organizations registered in accordance with the established procedure in the territory of the Republic of Tajikistan, the organizations and the companies, regardless of their form of business.

Article 4. State policy of the Republic of Tajikistan in counteraction of human immunodeficiency virus and acquired immunodeficiency syndrome

State policy of the Republic of Tajikistan in counteraction of human immunodeficiency virus and acquired immunodeficiency syndrome is implemented based on this Law, other laws and other regulations of the Republic of Tajikistan adopted according to this Law.

Are guaranteed by the state:

- observance of all rights and freedoms according to the legislation of the Republic of Tajikistan concerning people with HIV infection, patients with acquired immunodeficiency syndrome and members of their families;

- implementation of epidemiological surveillance behind spread of human immunodeficiency virus and acquired immunodeficiency syndrome in the territory of the Republic of Tajikistan taking into account observance and priority of human rights, anonymity of testing and respect for the principles of confidentiality in case of its carrying out;

- rendering free high-quality and evidence-based qualified medical and social psychological assistance to persons with human immunodeficiency virus and acquired immunodeficiency syndrome with maintaining confidentiality of its inspection;

- availability and safety of medical examination to detection of HIV infection, including anonymous;

- providing with prophylactics, diagnostics and treatments of HIV infection, and also control of safety of the medical supplies, biological liquids and fabrics used in the diagnostic, medical and scientific purposes;

- development of scientific research in problems of human immunodeficiency virus and acquired immunodeficiency syndrome;

- regular informing the population on human immunodeficiency virus and acquired immunodeficiency syndrome, including through mass media;

- development of international cooperation and regular exchange of information within the international programs of counteraction to human immunodeficiency virus and acquired immunodeficiency syndrome;

- availability and timeliness medical and social psychological assistance;

- adoption of the periodic State program of fight against human immunodeficiency virus and acquired immunodeficiency syndrome.

Measures for counteraction to human immunodeficiency virus and acquired immunodeficiency syndrome are performed by the Government of the Republic of Tajikistan and local authorities of the government. The companies, organizations, the organizations, public associations, irrespective of forms of business, including the international, and also physical persons, including foreign citizens can take part in implementation of measures for counteraction to human immunodeficiency virus and acquired immunodeficiency syndrome. The state guarantees support of the specified physical persons and legal entities in implementation of these programs.

Article 5. Financing of activities for counteraction of human immunodeficiency virus and acquired immunodeficiency syndrome

Financing of activities for counteraction of human immunodeficiency virus and acquired immunodeficiency syndrome has priority character.

Financing of actions for counteraction of epidemic of human immunodeficiency virus and acquired immunodeficiency syndrome is performed for the account:

- means of the government budget;

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