LAW OF THE REPUBLIC OF BELARUS

of January 4, 2010 No. 104-Z

About procedure and conditions of the direction of citizens in medical and labor dispensaries and stay conditions in them

Accepted by the House of Representatives on December 11, 2009

Approved by Council of the Republic on December 17, 2009

Chapter 1. General provisions

Article 1. The main terms applied in this Law and their determinations

For the purposes of this Law the following main terms and their determinations are applied:

the citizens sick with chronic alcoholism, drug addiction or toxicomania, – the citizens of the Republic of Belarus, foreign citizens and persons without citizenship who are constantly living in the Republic of Belarus (further if other is not established by this Law, – citizens) which by results of medical examination establishes respectively diagnoses chronic alcoholism, drug addiction or toxicomania;

civil personnel of medical and labor dispensary – the citizens who are holding established posts in medical and labor dispensary and not having special ranks, except for technical and service personnel of medical and labor dispensary;

medical and labor dispensary – the organization which is a part of the system of law-enforcement bodies, created for forced isolation and medico-social readaptation with obligatory labor involvement of the citizens specified in part one of article 4 of this Law;

medico-social readaptation – package of measures of restrictive nature (preventive, rehabilitation and other measures) performed according to this Law, Regulations of medical and labor dispensaries of the Ministry of Internal Affairs (further – Regulations of medical and labor dispensaries) and other acts of the legislation concerning the citizens who are in medical and labor dispensaries, directed to overcoming alcoholic, drug or toxic addiction by them, forming at them of readiness for adaptation in society;

forced isolation – the measure of restrictive nature performed concerning the citizens who are in medical and labor dispensaries according to this Law, Regulations of medical and labor dispensaries and other acts of the legislation;

employees of medical and labor dispensary are the staff of law-enforcement bodies holding established posts in medical and labor dispensary.

Article 2. Coverage of this Law

This Law regulates:

the relations connected with establishment of the bases for the direction of citizens in medical and labor dispensaries for their forced isolation and medico-social readaptation with obligatory labor involvement;

organization of activities of medical and labor dispensaries;

legal status of the citizens who are in medical and labor dispensaries;

the bases for the termination of stay, prolongation and reducing term of finding of citizens in medical and labor dispensaries;

other relations arising in case of execution of decisions of the courts about the direction of citizens in medical and labor dispensaries.

Operation of this Law does not extend to the relations connected using the enforcement powers of safety and treatment appointed according to the Criminal code of the Republic of Belarus.

Article 3. The legislation on the direction of citizens in medical and labor dispensaries and stay in them

The legislation on the direction of citizens in medical and labor dispensaries and stay in them consists of this Law, regulatory legal acts of the President of the Republic of Belarus, Regulations of medical and labor dispensaries, and also other acts of the legislation.

Chapter 2. The bases and procedure for the direction of citizens in medical and labor dispensaries. The term of finding of citizens in medical and labor dispensaries

Article 4. The citizens sent to medical and labor dispensaries

Can go to medical and labor dispensaries:

citizens who within year two and more times were brought to the administrative responsibility for making of administrative offenses in alcohol intoxication or in the condition caused by consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances were warned according to this Law on possibility of the direction in medical and labor dispensaries and within year after such prevention made administrative offense in alcohol intoxication or in the condition caused by consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances for what were brought to the administrative responsibility and at which by results of medical examination it is revealed the disease of chronic alcoholism, drug addiction or toxicomania (is confirmed);

citizens who addressed (arrived) in the organization of health care for delivery of health care in connection with the poisoning caused by consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances were warned according to this Law on possibility of the direction in medical and labor dispensaries and within year after such prevention repeatedly addressed (arrived) in the organization of health care for delivery of health care in connection with the poisoning caused by consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances and at which by results of medical examination it is revealed the disease of chronic alcoholism, drug addiction or toxicomania (is confirmed).

Are not subject to the direction in medical and labor dispensaries:

the citizens who did not reach age of eighteen years;

the citizens who reached generally established retirement age;

expectant mothers;

the women raising children aged up to one year;

disabled people of I and II groups;

citizens at whom the diseases interfering their stay in medical and labor dispensaries are revealed.

The list of the diseases interfering finding of citizens in medical and labor dispensaries is established by the Ministry of Health.

Article 5. Procedure for the warning of the citizen of possibility of the direction it in medical and labor dispensary 

The chief of territorial authority of internal affairs or his deputy within ten days after receipt of information that the citizen within year two and more times was brought to the administrative responsibility for making of administrative offenses in alcohol intoxication or in the condition caused by consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances issue the warning of possibility of the direction it in medical and labor dispensary if he within year after this prevention makes administrative offense in alcohol intoxication or in the condition caused by consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances for what it will be brought to the administrative responsibility.

The chief of territorial authority of internal affairs or his deputy within ten days after obtaining from the organization of the health care of the notice in writing signed by the head of the organization of health care or its deputy and certified by seal of the organization of health care on the fact of the appeal (receipt) of the citizen to the organization of health care for delivery of health care in connection with the poisoning caused by consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances issue the warning of possibility of the direction of such citizen in medical and labor dispensary if he within year after this prevention addresses (will arrive) in the organization of health care for delivery of health care in connection with the poisoning caused by consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances.

The warning of possibility of the direction of the citizen in medical and labor dispensary appears to the citizen concerning whom it is taken out the employee of territorial authority of internal affairs with delivery to it the copy of the prevention.

The form of the warning of possibility of the direction of the citizen in medical and labor dispensary is established by the Ministry of Internal Affairs.

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