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LAW OF UKRAINE

of January 15, 2025 No. 4223-IX

About system of mental health care in Ukraine

This Law determines legal, organizational, economic and social basis of system of mental health care in Ukraine, governs the public relations in this sphere for the purpose of ensuring availability, service quality, observance of the rights of people with the mental disturbances, other problems concerning mental health, prevention of emergence of mental disturbances, assistance to achievement of psychological wellbeing and development of the person, elimination of the factors which are negatively influencing mental health.

Section I. General provisions

Article 1. Determination of terms

1. In this Law the stated below terms are used in the following value:

1) the help in area of mental health - any actions directed to prevention or treatment of mental disturbances, overcoming difficult vital circumstances or the solution of other problems concerning mental health, preserving and recovery of mental functions, working capacity and social activity of the person, achievement of psychological wellbeing which types are determined by this Law;

2) other problems of mental health are psychosocial, emotional, behavioural difficulties which do not correspond to diagnostic criteria of mental disturbances, but can be connected with mental disturbances or can be caused by difficult vital circumstances, stress or other factors;

3) the service provider in the sphere of mental health - the specialist in the sphere of mental health registered in accordance with the established procedure as the physical person - the entrepreneur, or the legal entity irrespective of pattern of ownership and legal form with which there are in employment or contractual relations specialists in the sphere of mental health. specialists in the sphere of mental health who pass military (special) service on positions in structural divisions of psychological service of components of the sector of safety and defense of Ukraine also treat service providers;

4) mental health care - system of the actions directed to preserving and recovery of mental functions, prevention of mental disturbances, other problems concerning mental health, optimum working capacity and social activity of the person, achievement and maintenance of psychological wellbeing;

5) service in the sphere of mental health - the amount of the help in the sphere of mental health determined by the relevant agreement which is paid by her customer. Can be the customer of such service central and/or local executive bodies, local government bodies, legal entities and physical persons, including her receiver;

6) mental health - component of general health and condition of wellbeing, and not just lack of mental and behavioural disturbances in case of which each person can realize own potential, copes with vital difficulties, productive and fruitful study and work, and also make contribution to life of the community;

7) psychological wellbeing - the subjective feeling of person concerning achievement of optimum mental performance including feeling of satisfaction with quality of own life, commitment and sense of vital events, the choice of efficient strategy of realization of personal potential, optimum level of psychological stability and adaptability in overcoming vital difficulties;

8) superviziya - the professional support of specialists in the sphere of mental health directed to overcoming professional difficulties, the analysis and remedial action in work, enhancement of its organization, motivation to professional development, ensuring compliance with ethical standards and standards of provision of services in the sphere of mental health, prevention of professional burnout, ensuring emotional support;

9) specialists in the field of mental health - the physical persons giving help in the sphere of mental health have the corresponding education, have professional knowledge and skills necessary for this purpose, and also conform to the requirements for certification and/or certification established by the legislation. The list of professions of specialists affirms as the sphere of mental health the Cabinet of Ministers of Ukraine.

2. Other terms are used in this Law in the values given in the Civil code of Ukraine, Bases of the legislation of Ukraine on health protection, the laws of Ukraine "About mental health services", "About social services", "About rehabilitation in health sector", "About system of public health", other legal acts of Ukraine.

Article 2. The legislation in the field of mental health care

2. If the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine establishes other rules, than stipulated by the legislation mental health care in the sphere, rules of the international treaty are applied.

Article 3. State policy in the field of mental health care

1. The purpose of state policy in the sphere of mental health care is creation of conditions for strengthening of mental health, assistance to psychological wellbeing of the population, prevention of mental disturbances, ensuring recovery of persons having mental disturbances by provision of timely complex, evidence-based and high-quality services in this sphere, coordinating of activities of subjects of mental health care.

2. State policy in the field of mental health care is implemented with respect for the principles:

1) intersectoral cooperation, effective distribution of powers and responsibility between public authorities, local government bodies;

2) equal access to mental health services;

3) priority of prevention and timely reaction;

4) orientations to needs of the person;

5) integrated and integrated approach to assistance in the field of mental health;

6) destigmatization, prevention and overcomings social isolation, discrimination non-admission;

7) increase in stability and inclusivity of communities and communities;

8) involvement of family and community in program implementation of mental health;

9) the scientific justification based on results of scientific research and the best international practicians;

10) rational use of resources for program implementation and actions in the sphere of mental health.

3. The main objectives of state policy in the field of mental health care are:

1) approval of human rights, ensuring its safety, honor and dignity protection;

2) development and accomplishment of programs of prevention of mental disturbances, other problems concerning mental health, maintenance of psychological wellbeing of the population;

3) distribution of available information and holding educational actions for mental health;

4) development and enhancement of medical and social infrastructure for rendering services in the sphere of mental health;

5) inclusivity assistance, creation of the barrier-free circle, assistance of adaptation and integration into society of persons having the mental disturbances, other problems concerning mental health;

6) assistance to reforming of system of institutional leaving and to forming of inclusive systems of support at the level of communities;

7) elimination of stigma and discrimination, providing the equal rights in the field of mental health, assistance to reduction of isolation and restriction of freedom, reducing use of compulsion of the person to inspection and treatment;

8) providing effective quality management system of mental health services;

9) implementation and active development of the approaches based on standards and practicians who have scientific recognition and substantiality;

10) involvement of receivers of the help in the field of mental health to decision making about provision of necessary types of service by it in the field of mental health;

11) assistance to return of the person having mental disturbances to independent life in society, in particular opportunity to carry out daily household activities and to satisfy requirements without other faces;

12) development of system of long-term leaving and palliative care, ensuring social support and protection of the rights of persons having the mental disturbances, other problems concerning mental health;

13) coordination of activities of subjects in this sphere among themselves and with other directions of policy of the state, including economic and social, assistance to development of efficient ways of redirection between services and departments;

14) training and development of personnel capacity of service providers in the sphere of mental health taking into account needs of the sphere of mental health;

15) financing and support of scientific research and implementation of international standards of the help in the sphere of mental health;

16) assistance to system of professional self-regulation of specialists in the sphere of mental health, and also support of their organizations.

Article 4. The rights and obligations of persons in the sphere of mental health care

1. Persons who are given help in area of mental health their legal representatives have the right:

1) to receive timely, corresponding and high-quality services and the help in area of mental health which correspond to their requirements and have the proved efficiency;

It is free to choose 2) taking into account specialization of service providers, specialists in the sphere of mental health;

3) to obtain reliable and complete information about the condition of mental health, the rights connected with assistance in the sphere of mental health, conditions, methods and forms of rendering such help;

4) to provide the written consent or disagreement to rendering services in the sphere of mental health, to receive the independent help in case of decision making concerning provision of such services, except the cases determined by the legislation;

5) to study the documents concerning their mental health except the cases determined by the legislation;

6) to participate in decision making at the level of the state and at the local level on the questions concerning realization of the right to maintenance of mental health;

7) to participate in determination of methods and measures of assistance in the sphere of mental health, except the cases determined by the legislation.

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