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LAW OF THE REPUBLIC OF KAZAKHSTAN

of April 7, 1995 No. 2184

About forced treatment of patients with alcoholism, drug addiction and toxicomania

(The last edition from 28-12-2018)
Article 1. Social danger of alcoholism disorder, drug addiction and toxicomania, their treatment

Alcoholism, drug addiction and toxicomania are the diseases doing harm to health of citizens, to gene pool of the country and promoting rise in crime.

The patients with alcoholism, drug addiction and toxicomania evading from voluntary treatment are subject to forced hospitalization in the narcological organizations for forced treatment of health care system with labor involvement for treatment passing.

The direction on forced treatment in narcological the organization of health care system does not attract criminal record.

Article 1-1. The narcological organization for forced treatment

The narcological organization for forced treatment - the medical organization of health care which main objective is treatment of persons to whom the court applies enforcement powers of medical nature.

The organization of protection of the narcological organization for forced treatment is assigned to administration of the organization and performed according to the legislation of the Republic of Kazakhstan in the field of security activities.

Article 2. Legal status of the patients directed to forced treatment

Patients with alcoholism, drug addiction and toxicomania in case of the direction on forced treatment and its passing have the rights of citizens of the Republic of Kazakhstan with the restrictions connected with need of observance of the mode of treatment.

For protection of their rights and legitimate interests judicial protection is guaranteed to them, and also the legal and public assistance is provided.

Stay time on forced treatment of patients in the narcological organizations for forced treatment does not interrupt working life and is set off in general working life.

For the patients directed to forced treatment the right to living space still to the residence remains.

Article 3. Procedure for recognition of person sick alcoholism, drug addiction and toxicomania

Recognition of person sick alcoholism, drug addiction and toxicomania is performed by the state organizations of health care after the corresponding medical examination according to the procedure, established by the Ministry of Health of the Republic of Kazakhstan.

Persons evading from medical examination in case of the solution of question of the direction on forced treatment are exposed to the drive law-enforcement bodies in the narcological organization for forced inspection.

In case of disagreement of person with recognition by his sick alcoholism, drug addiction and toxicomania such decision can be appealed in higher body of management of health care or in court.

Article 4. The direction bases on forced treatment in the narcological organizations for forced treatment

Registration of patients with alcoholism, drug addiction or toxicomania on forced treatment is performed by the state organizations of health care at the initiative of relatives of the patient, labor collectives, public organizations, law-enforcement bodies, prosecutor's office, guardianship and custody only in the presence of medical certificates.

Registration on forced treatment of the patients who do not have the permanent residence is performed by law-enforcement bodies in the location at the time of initiation of the petition.

Article 5. Procedure for the direction on forced treatment in the narcological organizations for forced treatment

The question of the direction in the narcological organizations for forced treatment is considered by court at the place of residence of the patient in time not over ten days from the date of intake of materials, on proceeding in open court with its participation, and also representatives of bodies of health care and internal affairs, relatives of the patient, representatives of labor collectives, public associations.

The term of stay in the narcological organizations for forced treatment shall not exceed two years, and in case of the repeated direction - three years.

The direction of person in the narcological organizations for forced treatment is not considered repeated if from the date of its termination there passed at least three years.

In case of evasion from appearance on judicial session of the patient concerning which the petition for the direction on forced treatment in the narcological organization is initiated he is exposed to the drive law-enforcement bodies.

During forced treatment in the narcological organization for forced treatment time of forced hospitalization for inspection is set off.

The direction in the narcological organizations to forced treatment is not applied to the minors, expectant mothers, women having children aged up to 8 years, who are not deprived in accordance with the established procedure of the parent rights, to disabled people of 1 and 2 groups, and also having medical contraindications which list affirms the Government of the Republic of Kazakhstan.

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