of June 30, 2005 No. 7
About practice of consideration by courts of cases on forced hospitalization and treatment of citizens
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 No. 2435-XII "About health care" and of January 7, 2012 No. 349-Z "About rendering mental health services", in particular, belong to such laws.
3. Cases on forced hospitalization and treatment of citizens are considered by rules of special proceeding (the Art. of the Art. 406, 440-442 Codes of civil legal proceedings of the Republic of Belarus (further - KGF) taking into account the features provided by the laws regulating questions of such hospitalization and treatment.
4. Draw the attention of courts that proceeedings about forced hospitalization and treatment of the citizen are initiated according to the statement of the state organization of health care in the place of its stay or at the place of residence (the place of stay) of the citizen. The application is considered within five calendar days after its receipt in court.
According to the Art. of 71 KGF the prosecutor has the right to take a legal action with the statement for forced hospitalization and treatment of the citizen.
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