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LAW OF UKRAINE

of September 6, 2022 No. 2573-IX

About system of public health

This Law determines legal, organizational, economic and social basis of functioning of system of public health in Ukraine for the purpose of strengthening of health of the population, prevention of diseases, improvement of quality and increase in life expectancy, governs the public relations in the sphere of public health and sanitary and epidemic wellbeing of the population, determines the appropriate rights and obligations of state bodies and local government bodies, legal entities and physical persons in this sphere, establishes legal and organizational basis of implementation of the state supervision (control) in spheres of economic activity which can represent risk for sanitary and epidemic wellbeing of the population.

Section I. General provisions

Article 1. Determination of terms

1. In this Law terms are used in such value:

1) accredited laboratory - the laboratory of any pattern of ownership located in Ukraine or other country, accredited on compliance to requirements of the ISO/IEC 17025 standard (GSTU ISO/IEC 17025) and/or ISO/IEC 15189 (GSTU ISO/IEC 15189), and/or proper laboratory practice of Organization for Economic Cooperation and Development (GLP OECD) or National authority of Ukraine on accreditation, foreign accreditation body which is complete member of the International organization for cooperation in the field of accreditation of laboratories (International Laboratory Accreditation Cooperation - ILAC) or other foreign accreditation body which activities meet the requirements of the ISO/IEC 17011 standard (GSTU ISO/IEC 17011);

2) public health - the sphere of knowledge and organized activities of subjects of system of public health for strengthening of health, prevention of diseases, improvement of quality and increase in life expectancy;

3) disinfection actions (disinfection, disinsection, deratization) - the actions directed to destruction in living environment of the person of vegetative forms of causative agents of infectious diseases (disinfection) and their carriers - insects (disinsection) and rodents (deratization);

4) the state medical and sanitary standard rates (sanitary standard rates) - the obligatory parameters of safety of living environment of the person and epidemic wellbeing approved by the central executive body providing forming of state policy in health sector which are evidence-based on the basis of the corresponding researches and risk analysis according to safety requirements for life and health of the person by medical criteria and expressed in admissible maximum or minimum, quantitative and (or) high-quality measure value, characterizing living environment factor, and also the state of health of the population by criteria of incidence, prevalence of diseases, physical development, immunity and so on, including threshold limit values, admissible doses, the maximum levels of impact, the maximum limits of remaining balance, the maximum levels of content, admissible daily doses, levels of inclusions, restrictions on use of products or access for workers and/or the populations on objects after application of dangerous factors, epidemiological indicators, anti-epidemic standard rates which non-compliance can lead to harmful effects on health of the person;

5) the state medical and sanitary rules (sanitary regulations) - measures, obligatory for accomplishment, and the requirement necessary for providing the state medical and sanitary standard rates which non-compliance creates health hazard and human lives and future generations, and also threat of origin and spread of infectious and mass noninfectious diseases (poisonings) among the population. The state medical and sanitary rules include the state sanitary standards and rules, sanitary and hygienic and sanitary and anti-epidemic rules and regulations, sanitary and epidemiologic rules and regulations, anti-epidemic rules and regulations, hygienic and anti-epidemic rules and regulations, the state sanitary regulations and affirm the central executive body providing forming of state policy in health sector;

6) health determinants - complex of the individual, social, economic and ecological factors determining the state of health of certain people, contingents or national groups, in particular:

individual determinants of health - genetic (heritable) and behavioural features of the specific person;

social determinants of health - the level of availability of foodstuff, housing, work, education, medical care;

economic determinants of health - condition and level of the economic relations which are directly influencing living environment of the person;

7) epidemiological surveillance - systematic and continuous process of identification, collection, creation, the analysis, interpretation and distribution of data about health of the population, diseases and indicators of living environment which is performed for the purpose of studying of epidemic situation, its forecasting, establishment of causes and effect relationships between risk factors for health and consequences of specific impact or intervention on health, determinations of nature and scales of necessary medical and sanitary actions, planning, realization and assessment of adequate measures in the sphere of public health;

8) epidemic - origin in certain territory for certain period of cases of infectious or noninfectious disease, the specific behavior connected with health or other events connected with health which exceed average long-term values or authentically exceed normal expectation by criteria known or unknown earlier and influence or tend to simultaneous impact on disproportionately large number of people within the territory population. The quantity of the cases testimonial of epidemic availability depends on the activator, number and type of the population which underwent to influence, the previous experience or lack of contact with disease, time and the place of origin;

9) single health - intersectoral approach to development and accomplishment of programs, realization of state policy, acts of the legislation and carrying out scientific research within which several sectors, such as medicine, work medicine, veterinary medicine, safety of food and environmental protection for the purpose of ensuring protection of health and sanitary epidemic wellbeing of the population and achievement of the best results in the sphere of public health interact;

10) infectious disease - the disorder of health of the person caused by live activators (viruses, bacteria, rikketsiya, protozoa, fungi, helminths, pincers, other pathogenic parasites), products of their activity (toxins), pathogenic proteins (prions) which can be transferred from the infected persons to healthy and represents risk of mass distribution;

11) infectious diseases which can be prevented by immunoprevention, - diseases which emergence and distribution can be prevented, having provided forming at considerable part of the population of collective immunity by introduction of medical immunobiological supplies;

12) infectious control - the complex of the organizational, preventive and anti-epidemic actions directed to prevention of origin and spread of infectious diseases, based on results of the epidemiological analysis;

13) information fund of public health - the state information resource containing data on the state of health, sanitary and epidemic wellbeing of the population and indicators of living environment is also filled according to the procedure, established by the Cabinet of Ministers of Ukraine, from the information systems and databases which are in property or the order of the central executive body which provides forming of state policy in health sector, other state bodies, or other certain sources;

14) quarantine - the administrative and medical and sanitary measures applied to prevention of spread of infectious diseases, contamination by the biological agent, chemical or radiation factor;

15) the contact person - person who was in contact with infection source, the biological agent, chemical or radiation factor owing to what represents risk of spread of disease, poisoning or defeat;

16) mass noninfectious diseases - mass diseases, poisonings, defeats which emergence is caused by impact of biological agents, physical, chemical factors or social factors of living environment, including objects economic and other types of activity, goods, works, services;

17) medical and sanitary measures (sanitary and anti-epidemic actions) - complex of the organizational, administrative, technical, medical, normative (regulatory), ecological, veterinary and other measures directed to elimination or reduction of harmful effects per capita of habitat factors, prevention of origin and spread of infectious and mass noninfectious diseases and their liquidation which ultimate goal is protection of health and ensuring sanitary and epidemic wellbeing of the population;

18) the International medical and sanitary rules - the international legal document accepted by state members of the World Health Organization, regulating questions of prevention of the international spread of diseases, protection against them, fight against them and acceptance of response measures in the sphere of public health;

19) emergency situation in system of public health - origin or direct threat of emergence of dangerous event which brings or can lead to spread of infectious or mass noninfectious diseases, other negative consequences for human health and requires acceptance of the adequate coordinated measures;

20) health hazard of the person - harm which can be caused to health of the person owing to action of the phenomena, processes, objects under certain conditions suddenly or in the future;

21) dangerous factor - any chemical, physical factor, the biological agent who performs or under certain conditions can exert adverse effect on health of the person;

22) unsuccessful epidemic situation - situation in case of which the illness rate of people infectious or mass noninfectious diseases exceeds average long-term values at the same time the outbreaks of infectious diseases are registered;

23) noninfectious diseases - disorders of health which emergence is caused by the combined influence of genetic, physiological, ecological and behavioural factors;

24) the carrier of the causative agent of infectious disease - the person in whose organism causative agents of infectious disease in the absence of symptoms of this disease are found;

25) restrictive anti-epidemic actions - the medical and sanitary and administrative measures performed within the center of infectious disease for the purpose of the prevention of its distribution;

26) observation - stay of person concerning which there is reasonable risk of infection or spread of infectious disease by it, in specialized agency (observator) for the purpose of its inspection and implementation of medical supervision of it;

27) operational functions of public health - the activities performed for the purpose of achievement and providing the highest rates of health and sanitary and epidemic wellbeing of the population, and also the most full compliance with concept of justice on providing and preserving health;

28) services in the sphere of public health - the services provided within realization of operational functions of public health;

29) preventive inoculations - introduction in human body of medical immunobiological supply for creation of specific immunity to infectious diseases which is carried out according to calendar of preventive inoculations which affirms the central executive body providing forming of state policy in health sector;

30) response to dangerous factors and emergency situations in the sphere of public health care - complex of organizational, medical and sanitary, anti-epidemic and administrative actions in the center of identification of dangerous factor and/or emergency situation and beyond its limits, the dangerous factors directed to liquidation and reduction of adverse effect on health of the population of the factors of the habitat creating health hazard, lives or working ability of the person or health of future generations;

31) referens-laboratory in system of public health - accredited laboratory which performs functions and answers the criteria established by the central executive body providing forming of state policy in health sector;

32) self-isolation - stay of person concerning which there is reasonable basis concerning risk of infection or spread of infectious disease by it, in the place (room) determined by it for the purpose of observance of anti-epidemic measures on the basis of the obligation of such person or according to the approved standard rates;

33) the sanitary legislation - set of regulatory legal acts which govern the public relations arising in the sphere of ensuring sanitary and epidemic wellbeing of the population is established by the state medical and sanitary rules, medical and sanitary standard rates and medical and sanitary regulations which are obligatory for execution by all participants of legal relationship irrespective of legal status;

34) sanitary and epidemic situation - condition of living environment of the person and the state of health of the population caused by it in certain territory in specifically certain time;

35) sanitary and epidemic wellbeing of the population - the state of health of the population and living environment of the person in case of which indicators of incidence are at the established level for this territory conditions of accommodation are favorable for the population, and parameters of factors of living environment are in the limits determined by the sanitary legislation;

36) living environment of the person (further - living environment) - set of objects, phenomena and factors of the environment (natural and artificially created) which directly surround the person, influence and determine conditions of its accommodation, food, work, rest, training, education, etc.;

37) system of public health - complex of the tools and actions performed by subjects of system of public health and directed to protection and strengthening of health of the population, prevention of diseases, improvement of quality and increase in life expectancy, ensuring sanitary and epidemic wellbeing of the population;

38) the outbreak of infectious disease - one or several cases of the diseases of infectious disease connected among themselves by general source and (or) factor of transmission of infection;

39) favorable conditions for activity of the person - living environment condition in case of which there is no adverse effect of its factors on health of the person and is opportunities for ensuring normal functioning of organism and recovery of the broken functions;

40) risk factor - factor, the characteristic, influence, condition of living environment of the person which can affect the state of health of the person and/or increase probability of development of disease;

41) factors of transfer of causative agents of infectious diseases (further - factors of transmission of infection) - the objects of living environment of the person (air, the soil, water, foodstuff, blood and other biological liquids, medical tools, household items, etc.) polluted by causative agents of infectious diseases, and also live organisms infected with causative agents of infectious diseases to which participation there is transfer of causative agents of infectious diseases from infection sources to other persons;

42) living environment factors - any biological (virus, prionny, bacterial, parasitic, genetically modified organisms, biotechnology products, etc.), chemical (organic and inorganic, natural (including climatic) and synthetic), physical (noise, vibration, ultrasound, infrasound, thermal, ionizing, not ionizing and other types of radiation), social (food, water supply, conditions of life, work, rest, training, education, etc.) and other factors which influence or can influence health of the person or health of future generations;

43) harmful effects on health of the person - the influence of factors of living environment creating health hazard, lives or efficiency of the person or health of future generations.

2. Other terms are used in this Law in the values given in Bases of the legislation of Ukraine on health care, the Code of civil protection of Ukraine, the Law of Ukraine "About protection of the population against infectious diseases", other legal acts of Ukraine.

Article 2. Legislation on system of public health

1. The relations arising in system of public health and ensuring sanitary and epidemic wellbeing of the population are regulated by the Constitution of Ukraine, this Law, other laws of Ukraine adopted in their execution by other regulatory legal acts, and also international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.

2. If the international treaty of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine establishes other rules, than those that are provided by this Law, rules of the international treaty are applied.

3. Provisions of this Law do not extend to foodstuff, except foodstuff concerning which epidemiological investigations of the diseases caused by infectious, noninfectious diseases and also the cases which are directly provided by this Law are made.

Article 3. Basic principles of system of public health

1. The system of public health in Ukraine is effective with respect for the following basic principles:

1) legality - compliance of the Constitution and to the laws of Ukraine and international treaties of Ukraine;

2) justice - creation of proper conditions for realization by each person of right to health and ensuring equal access to services of health care according to requirements throughout all life;

3) integrity - complete approach to health and unity of its physical, mental, psychological, spiritual and social aspects;

4) focus on the population - priority of interests of health and safety of the population under the organization and provision of services in system of public health;

5) harm minimization - system elimination or reduction of negative consequences for health of the person from different types of his behavior and types of activity;

6) participation and responsibility - involvement of society to realization of operational functions of public health, implementation of actions and the cross liability of person and the state for actions or failure to act in the sphere of public health;

7) timeliness - operational taking measures, necessary for ensuring protection of health of the population which are applied in case of availability of potential risks to health and epidemic wellbeing of the population;

8) cross-industry cooperation - coordination of activities of public authorities and local government bodies in the sphere of public health;

9) implementation of the advanced world practices - international cooperation and orientation on timely and proper implementation of the advanced world practices in the sphere of public health based on proofs;

10) justification of decisions - decision making in the sphere of public health on the basis of the preliminary analysis of consequences, including economic, safety and strategic, and economic feasibility;

11) counteraction of discrimination against health - prevention of discrimination on the basis of disability and state of health, overcoming stigma concerning people with diseases.

Article 4. Main objectives and operational functions of system of public health

1. The main objectives of system of public health care are the organization and ensuring accomplishment of operational functions of public health care.

2. Operational functions of system of public health are:

1) epidemiological surveillance, and also assessment, observation and control of the indicators and factors influencing health of the population;

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