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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF BELARUS

of June 30, 2005 No. 7

About practice of consideration by courts of cases on forced hospitalization and treatment of citizens

(The last edition from 30-03-2017)

Having considered materials of generalization of court practice on cases on forced hospitalization and treatment of the citizens having the diseases constituting health hazard of the population, and evading from treatment, the Plenum of the Supreme Court of the Republic of Belarus

DECIDES:

1. Draw the attention of courts that the correct and timely hearing of cases about forced hospitalization and treatment of the citizens having the diseases constituting health hazard of the population guarantees protection of the rights and legitimate interests of these citizens, and also ensures safety of health of the population of the republic.

2. Courts should mean that forced hospitalization and treatment of citizens are possible only in the cases which are directly provided by the law, and only by a court decision.

The laws of the Republic of Belarus of June 18, 1993, in particular, belong to such laws. "About health care" and of January 7, 2012. "About rendering mental health services".

3. Cases on forced hospitalization and treatment of citizens are considered by rules of special proceeding (the Art. of the Art. 362, 391-393 GPK) taking into account the features provided by the laws regulating questions of such hospitalization and treatment.

4. Draw the attention of courts that put about forced hospitalization and treatment are initiated according to statements of the relevant healthcare institutions for the place of their stay or at the place of residence of the citizen and are considered within five days from the moment of their receipt in court.

According to the Art. of 81 GPK the prosecutor has the right to take a legal action with the statement for forced hospitalization and treatment.

5. The statement for forced hospitalization and treatment, in addition to general details of the procedural document (the Art. 109 GPK), shall contain also specifying on the bases for forced hospitalization and treatment provided by the law. In case of non-compliance with this requirement the court takes out motivated determination about leaving of the statement without movement and provides to the applicant term for correction of shortcomings according to the procedure, established by the Art. 111 GPK.

The motivated medical certificate of healthcare institution about need of forced hospitalization and treatment, and in stipulated by the legislation cases - the documents confirming the evasion fact from voluntary treatment joins the statement. Non-presentation of the specified documents is not the basis for refusal in initiation of proceedings.

6. Courts should mean that in force subitem 1.17 of item 1 of Art. 257 of the Tax code of the Republic of Belarus (Special part) the state organizations of health care when giving in court of statements for forced hospitalization and treatment of citizens are exempted from payment of the state fee.

7. Draw the attention of courts that put about forced hospitalization and treatment are considered with obligatory participation of the citizen against which proceedings are initiated, except for impossibility of its participation for health reasons, and the representative of healthcare institution on whose initiative it is initiated.

Citizens concerning whom the question of forced hospitalization and treatment is put participate in case in quality of interested persons. They have the right to use services of the representative participating in case according to the procedure and on the conditions provided by the civil procedural legislation.

Protection of the rights and legitimate interests of minors, and also the citizens recognized in the procedure established by the law as incapacitated or it is limited by capable, their legal representatives perform.

8. Explain to courts that the bases to allowance of the application about forced hospitalization and treatment of the citizen are availability at it of the disease constituting health hazard of the population, and evasion from voluntary treatment. The list of the diseases constituting health hazard of the population is specified in appendix to the resolution of the Ministry of Health of the Republic of Belarus of June 15, 2012 No. 75 "About establishment of the list of the diseases constituting health hazard of the population, and recognition voided some resolutions of the Ministry of Health of the Republic of Belarus.

Persons suffering from mental disturbances (diseases) can be compulsorily hospitalized and subjected to treatment and on other bases provided by Art. 36 of the Law of the Republic of Belarus of January 7, 2012. "About rendering mental health services" (in particular, danger of the patient to, his helplessness, possibility of causing essential harm to the health in case of leaving without mental health services).

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