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LAW OF UKRAINE

of December 12, 1991 No. 1972-XII

About counteraction to spread of the diseases caused by the human immunodeficiency virus (HIV) to both legal and social protection of the people living with HIV

(as amended on 16-10-2012)

This Law according to rules of international law determines procedure for legal regulation of activities in the sphere of prevention, treatment, leaving and support, necessary for ensuring effective counteraction to spread of the disease caused by human immunodeficiency virus and the relevant activities for legal and social protection of the people living with HIV.

Section I. GENERAL PROVISIONS

Article 1. Determination of terms

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

1) HIV - human immunodeficiency virus which causes disease of Vichinfektion;

2) HIV-positive person - person in whose organism HIV is revealed and which is in condition of asymptomatic carriage of HIV;

3) the HIV status of person - condition of organism of person concerning absence or availability of HIV in it: the negative HIV status of person is characterized by absence in its organism of HIV, the positive HIV status of person is characterized by availability in its organism of HIV;

4) groups of the increased risk concerning infection Vichgruppy of the population to which taking into account features of their behavior and behavior of their environment the increased risk of contact with HIV source threatens. Determination and review of the list of such groups is performed by the central executive body providing forming of state policy in health sector taking into account criteria and recommendations of the World Health Organization;

5) the people living with HIV - the HIV-positive persons and persons having disease, caused by HIV;

6) person having disease, caused by HIV - person at whom by results of physical and laboratory examination AIDS or other clinical displays of the disease caused by HIV established by the International classification of diseases is revealed;

7) the partner - the sexual partner of HIV-positive person or his partner in the use of drugs and psychotropic substances by injection method;

8) post-contact prevention - short-term rate of anti-retrovirus treatment which purpose is decrease in reliability of infection of HIV of person who tested the increased risk of such infection;

9) acquired immunodeficiency syndrome (AIDS) - stage of development of the disease caused HIV (HIV infection) which is characterized by the clinical manifestations caused by deep defeat of immune system of the person under the influence of HIV;

10) diseases, the caused HIV (HIV infection), - the complex of the diseases of the damages of human body caused by the damages of immune system connected with influence by HIV which at the initial stage of the development has nature of condition of asymptomatic carriage of HIV and on condition of lack of the corresponding treatment and influence of others of circumstances, adverse for organism of HIV-positive person, determined by the International classification acquires clinical manifestations in the form of various infectious, parasitic diseases, malignant tumors, other diseases or the caused Vichsindrom of the acquired immunodeficiency.

Article 2. The principles of state policy in the sphere of counteraction to spread of the diseases caused by HIV

1. State policy in the sphere of counteraction to spread of the diseases caused by HIV is implemented by the organization of accomplishment of this Law, other regulatory legal acts of Ukraine, and also by development of financial and material security of implementation of the nation-wide and other programs providing implementation of actions for prevention of spread of HIV infection is information explanatory work concerning the principles of healthy and moral conduct of life, cultural wealth and responsible behavior, in the sphere of the sexual relations, development of training, educational and educational programs on these questions for average, professional and higher educational institutions, implementation of special training of medical personnel, carrying out basic and applied scientific research, development of international cooperation in this sphere.

Article 3. The legislation of Ukraine in the sphere of counteraction to spread of the diseases caused by HIV

1. The legislation of Ukraine in the sphere of counteraction to spread of the diseases caused by HIV is based on the Constitution of Ukraine and consists of Bases of the legislation of Ukraine on health care, the laws of Ukraine "About ensuring sanitary and epidemic wellbeing of the population", "About counteraction to disease of tuberculosis", this Law, other regulatory legal acts.

Article 4. The state guarantees in the sphere of counteraction to spread of the diseases caused by HIV

1. The state guarantees providing:

1) priority in prevention of spread of HIV infection of informatsionnorazjyasnitelny work with the population concerning the principles of healthy and moral conduct of life, cultural wealth and responsible behavior, in the sphere of the sexual relations;

2) promotion of healthy lifestyle;

3) permanent monitoring of epidemic situation and control of implementation of actions for prevention of disease of HIV infection;

4) availability and proper quality of testing for the purpose of Vichinfektion's identification, including anonymous with provision of the preliminary and subsequent advisory help, and also safety of testing for the examined person and personnel which will see off it;

5) regular informing the population, including through mass media about the infection reasons, ways of transfer of HIV infection, importance of healthy and moral conduct of life for prevention of infection with HIV infection, actions and prophylactics of disease of HIV infection, and also about opportunities of diagnostics and treatment;

6) inclusions of questions concerning prevention of HIV infection, healthy and moral conduct of life, cultural wealth, responsible behavior in the sphere of the sexual relations, traditional family values, treatments, leaving and support of the people living with HIV and their relatives and also concerning inadmissibility of discrimination of such people and need of forming of the tolerant attitude towards them in the appropriate training programs for average, professional and higher educational institutions;

7) access of the population to the prophylactics giving the chance to prevent infection and spread of HIV infection sexually;

8) prevention of spread of HIV infection among the persons using drugs and psychotropic substances by injection method by means of programs of rehabilitation of such persons and programs of reduction of harm which, among other things, provide use of the replacement supporting therapy for persons having drug addiction, and creation of conditions for replacement of the used injection needles and syringes on sterile with subsequent their utilization;

9) information and explanatory and rehabilitation work, including with involvement of representatives of the public, charitable and religious organizations, among the persons using drugs and psychotropic substances by injection method for the purpose of counteraction to distribution of Vichinfektion;

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