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FEDERAL LAW OF THE RUSSIAN FEDERATION

of May 7, 2009 No. 92-FZ

About ensuring protection of lunatic asylums (hospitals) of specialized type with intensive observation

Accepted by the State Duma on April 22, 2009

Approved by the Federation Council on April 29, 2009

Article 1. Subject of regulation of this Federal Law

This Federal Law determines the legal basis of ensuring protection of lunatic asylums (hospitals) of specialized type with intensive observation (further psychiatric hospital), safety of persons which are in their territories, maintenance and protection of persons to whom forced treatment in the specified hospitals is appointed.

Article 2. The basic concepts used in this Federal Law

In this Federal Law the following basic concepts are used:

1) psychiatric hospital - the healthcare institution intended for performing by a court decision forced treatment of persons who made the acts provided by the Special part of the Criminal Code of the Russian Federation in condition of diminished responsibility, persons at whom after crime execution there came the mental disturbance making impossible appointment or execution of the punishment if they on the mental condition constitute special peril for themselves or other persons and require permanent and intensive observation;

2) division of protection of psychiatric hospital - the organization of criminal executive system providing protection of psychiatric hospital, safety of persons which are in its territory, maintenance and protection of persons which appoints forced treatment in psychiatric hospital;

3) the staff of division of protection psychiatric statsionaraproshedshy special preparation employees of criminal executive system, replacement positions in division of protection of psychiatric hospital;

4) protection of psychiatric hospital - set of the organizational and technical actions directed to exception of possibility of illegal leaving of psychiatric hospital by persons who are on forced treatment in psychiatric hospital, suppression of illegal penetration on the territory of psychiatric hospital of strangers, bringing (transportation) of the objects, substances and products forbidden to bringing (transportation) or storage, carrying out (export) of material values on protection of the protected objects of psychiatric hospital against illegal encroachments;

5) the protected objects of psychiatric hospital - the building, structure, construction, the adjacent territories in which regime requirements are established and which borders are approved by administration of psychiatric hospital with local government body, the vehicles and other property which are subject to protection against illegal encroachments;

6) safety in psychiatric statsionaresovokupnost of the actions sent on free rendering the medico-public assistance to the persons who are on forced treatment in psychiatric hospital, permanent and intensive observation of their behavior, suppression of any violent acts from specified persons concerning other persons, mutilation and suicide of persons which are on forced treatment in psychiatric hospital, safety of medical personnel of psychiatric hospital and the other persons who are in its territory;

7) intensive observation - the doubled watch of condition and behavior of persons which are on forced treatment in psychiatric hospital performed by medical personnel with assistance of the staff of division of protection of psychiatric hospital including with use of technical means;

8) technical means - the means of TV, video and radio control used for permanent and intensive observation of condition and behavior of persons which are on forced treatment in psychiatric hospital;

9) administration of psychiatric hospital - the head of psychiatric hospital, his deputies, and in their otsutstviyeupolnomochenny faces.

Article 3. Principles of ensuring protection of psychiatric hospital

Ensuring protection of psychiatric hospital and safety of persons which are in its territory is performed on the basis of the principles of legality and observance of rights and freedoms of man and citizen.

Article 4. The legal basis of ensuring protection of psychiatric hospital and safety of persons which are in its territory

1. Ensuring protection of psychiatric hospital and safety of persons which are in its territory is based on the Constitution of the Russian Federation, the conventional principles and rules of international law, international treaties of the Russian Federation, the Law of the Russian Federation of July 2, 1992 N 3185-I "About mental health services and guarantees of human rights in case of its rendering", this Federal Law and other regulatory legal acts of the Russian Federation.

2. Ensuring protection of psychiatric hospital and safety of persons which are in its territory, maintenance and protection of persons to whom forced treatment in the specified hospital is appointed is made according to the procedure, established by the federal executive body performing functions on development and realization of state policy and normative legal regulation in the sphere of execution of criminal penalties together with the federal executive body performing functions on development of state policy and normative legal regulation in health sector.

Article 5. Bases of the organization of activities of division of protection of psychiatric hospital

1. Creation, reorganization and liquidation of division of protection of psychiatric hospital are made by the federal executive body performing functions on development and realization of state policy and normative legal regulation in the sphere of execution of criminal penalties.

2. Management of activities of division of protection of psychiatric hospital is performed of territorial authority of criminal executive system.

3. In case of reduction of number of persons which appoints forced treatment in psychiatric hospital the number of staff of division of protection of the specified hospital remains invariable within two years.

4. Guarantees of legal and social protection of staff of division of protection of psychiatric hospital are determined by the legislation of the Russian Federation regulating activities of criminal executive system.

Article 6. The translation from organizations of criminal executive system of persons which appoints forced treatment in psychiatric hospital

When translating from organizations of criminal executive system of persons which appoints forced treatment in psychiatric hospital maintenance and transfer of specified persons to psychiatric hospital are performed by forces and means of criminal executive system with involvement of medical personnel of organizations of criminal executive system.

Article 7. Tasks of division of protection of psychiatric hospital

Tasks of division of protection of psychiatric hospital are:

1) protection of psychiatric hospital;

2) safety of persons which are on forced treatment in psychiatric hospital, medical personnel, and also other persons who are in the territory of psychiatric hospital;

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