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LAW OF THE RUSSIAN FEDERATION

of July 2, 1992 No. 3185-1

About mental health services and guarantees of the rights of citizens in case of its rendering

(as amended on 08-12-2020)

Recognizing high value for each person of health in general and mental health in particular;

considering that mental disturbance can change the relation of the person to life, to and society, and also the attitude of society towards the person;

noting that lack of due legislative regulation of mental health services can be one of the reasons of its use in not medical purposes, cause damage to health, to human dignity and the rights of citizens, and also the international prestige of the state;

in view of need of realization for the legislation of the Russian Federation recognized as the international community and the Constitution of the Russian Federation of rights and freedoms of man and citizen,

The Russian Federation in this Federal Law establishes the legal, organizational and economic principles of rendering mental health services in the Russian Federation.

Section I. General provisions

Article 1. Mental health services and principles of its rendering

(1) Mental health services are given on the bases and according to the procedure which are established by this Law and other laws of the Russian Federation, and includes psychiatric inspection and psychiatric survey, prevention and diagnostics of mental disturbances, treatment and medical rehabilitation of persons suffering from mental disturbances.

(2) Mental health services to persons suffering from mental disturbances are guaranteed by the state and is performed on the basis of the principles of legality, humanity and observance of rights of man and citizen.

Article 2. Legislation of the Russian Federation on mental health services

(1) the Legislation of the Russian Federation on mental health services consists of this Law, other Federal Laws, and also the laws of subjects of the Russian Federation.

(2) the Relations connected with activities in the field of rendering mental health services are regulated also by regulatory legal acts of the Government of the Russian Federation and regulatory legal acts of the federal executive bodies authorized on the solution of questions in the field of rendering mental health services and also regulatory legal acts of subjects of the Russian Federation published according to them.

(3) Ceased to be valid

(4) If the international treaty in which the Russian Federation participates establishes other rules, than stipulated by the legislation the Russian Federation about mental health services, then rules of the international treaty are applied.

(5) 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 Law

(1) This Law extends to citizens of the Russian Federation when rendering mental health services to them and is applied to all organizations and persons giving mental health services in the territory of the Russian Federation.

(2) the Foreign citizens and stateless persons which are in the territory of the Russian Federation when rendering mental health services to them have all rights established by this Law on an equal basis with citizens of the Russian Federation.

Article 4. Voluntariness of the request for mental health services

(1) Mental health services are given in case of the voluntary address of person and in the presence of its informed voluntary consent to medical intervention, except as specified, provided by this Law.

(2) aged up to fifteen years or to the minor sick with drug addiction aged up to sixteen years mental health services are given to the Minor in the presence of the informed voluntary consent to medical intervention of one of parents or other legal representative, and mental health services are given to person recognized in the procedure established by the law incapacitated if such person on the condition is not capable to give the informed voluntary consent to medical intervention in the presence of the informed voluntary consent to medical intervention of his legal representative according to the procedure, established by this Law.

(3) Person who addressed for rendering mental health services, one of parents or other legal representative of person specified in part two of this Article have the right to refuse medical intervention or to demand its termination, except as specified, established by this Law. The legal representative of person recognized in the procedure established by the law as incapacitated performs this right if such person on the condition is not capable to refuse medical intervention.

Article 5. The rights of persons suffering from mental disturbances

(1) Persons suffering from mental disturbances have all rights and freedoms of citizens provided by the Constitution of the Russian Federation and the Federal Laws. The restriction of the rights and freedoms of citizens connected with mental disturbance is admissible only in the cases provided by the laws of the Russian Federation.

(2) All persons suffering from mental disturbances when rendering mental health services to them have the right on:

the valid and humane relation excluding humiliation of human dignity;

receipt of information on the rights, and also in form, available to them, and taking into account their mental condition of information on nature of the mental disturbances which are available for them and the applied treatment methods;

mental health services in the least restrictive conditions, whenever possible at the place of residence;

stay in the medical organization giving mental health services in stationary conditions only during the term necessary for rendering mental health services in such conditions;

all types of treatment (including sanatorium) on medical indications;

rendering mental health services in the conditions conforming to sanitary and hygienic requirements;

prior consent and refusal at any stage of use as object of testing of methods of prevention, diagnostics, treatment and medical rehabilitation, medicines for medical application, specialized products of clinical nutrition and medical products, scientific research or training, from photo, video or filmings;

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