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FEDERAL LAW OF THE RUSSIAN FEDERATION

of March 30, 1995 No. 38-FZ

About the prevention of distribution in the Russian Federation the disease caused by human immunodeficiency virus (HIV infection)

(as amended on 08-12-2020)

Accepted by the State Duma of the Russian Federation on February 24, 1995

Recognizing that the chronic disease caused by human immunodeficiency virus (HIV infection)

acquires mass distribution around the world,

ceased to be valid

creates threat of personal, public, state security, and also threat to existence of mankind,

causes the necessity of protection of the rights and legitimate interests of the population,

and also considering need of application of timely effective measures of complex prevention of HIV infection,

The State Duma of Federal Assembly of the Russian Federation adopts this Federal Law.

Chapter 1. General provisions

Article 1. Basic concepts

In this Federal Law the following concepts are applied:

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

HIV-positive people - persons infected with human immunodeficiency virus.

Article 2. Legislation of the Russian Federation on the prevention of spread of HIV infection

1. The legislation of the Russian Federation on the prevention of spread of HIV infection consists of this Federal Law, other Federal Laws and other regulatory legal acts, and also the laws and other regulatory legal acts of subjects of the Russian Federation accepted according to them.

2. The Federal Laws and other regulatory legal acts, and also the laws and other regulatory legal acts of subjects of the Russian Federation cannot reduce the guarantees provided by this Federal Law.

3. If international treaties of the Russian Federation establish others, than provided by this Federal Law, governed, then rules of international treaties are applied.

4. The decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.

Article 3. Application of this Federal Law

This Federal Law extends to citizens of the Russian Federation, on the foreign citizens and persons without citizenship including who are constantly living in the Russian Federation being in the territory of the Russian Federation and also is applied to the organizations registered in accordance with the established procedure in the territory of the Russian Federation irrespective of their form of business.

Article 4. Guarantees of the state

1. Are guaranteed by the state:

regular informing the population, including through mass media, about available measures of prevention of HIV infection;

epidemiological surveillance behind spread of HIV infection in the territory of the Russian Federation;

production of medicines for medical application and medical products for prevention, diagnostics and treatments of HIV infection, and also control of quality, efficiency and safety of medicines for the medical application, biological liquids and fabrics used in the diagnostic, medical and scientific purposes;

availability of medical examination to detection of HIV infection (further - medical examination), including anonymous, with initial and subsequent consulting and safety of such medical examination both for osvidetelstvuyemy, and for person who is carrying out survey;

provision of medical care by the HIV-positive - to citizens of the Russian Federation according to the program of the state guarantees of free rendering medical care to citizens;

development of scientific research in HIV infection problems;

the paragraph of the eighth ceased to be valid according to the Federal Law of the Russian Federation of 02.07.2013 No. 185-FZ;

the social help to HIV-positive people - to citizens of the Russian Federation, receipt of education by them, their employment;

training of specialists for implementation of measures for the prevention of spread of HIV infection;

development of international cooperation and regular exchange of information within the international programs of the prevention of spread of HIV infection;

free providing with medicines for medical application for treatment of HIV infection in out-patient conditions in the medical organizations subordinated to federal executive bodies, according to the procedure, established by the authorized Government of the Russian Federation federal executive body, and in the medical organizations subordinated to executive bodies of the government of subjects of the Russian Federation, according to the procedure, established by public authorities of subjects of the Russian Federation.

2. Implementation of the specified guarantees is assigned to federal executive bodies, executive bodies of subjects of the Russian Federation and local government bodies according to their competence.

Article 5. Guarantees of observance of the rights and freedoms of HIV-positive people

1. HIV-positive people - citizens of the Russian Federation have in its territory all rights and freedoms and perform duties according to the Constitution of the Russian Federation, the legislation of the Russian Federation and the legislation of subjects of the Russian Federation.

2. The rights and freedoms of citizens of the Russian Federation can be limited in connection with availability of HIV infection at them only the Federal Law.

Article 6. Financial provision of activities for the prevention of spread of HIV infection

1. Financial provision of the events for the prevention of spread of HIV infection held by the medical and other organizations subordinated to federal executive bodies belongs to payment commitments of the Russian Federation.

1.1. Financial provision of the events for the prevention of spread of HIV infection held by the medical organizations subordinated to executive bodies of the government of subjects of the Russian Federation belongs to payment commitments of subjects of the Russian Federation.

1.2. Financial provision of the events for the prevention of spread of HIV infection held by organizations of municipal health care system belongs to payment commitments of municipalities.

2. Financial provision of activities for the prevention of spread of HIV infection is considered in priority procedure taking into account need of protection of personal security of citizens, and also safety of society and the state.

Chapter II. Medical care by the HIV-positive

Article 7. Medical examination

1. Medical examination is carried out in the medical organizations and includes including the corresponding laboratory research which is conducted based on the license provided according to the procedure, established by the legislation of the Russian Federation.

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