RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of April 14, 2011 No. 497

About approval of the Regulations on procedure for carrying out survey of physical persons regarding identification of the alcohol intoxication and (or) condition caused by consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances

Based on paragraph two of Article 19 and part two of article 35 of the Law of the Republic of Belarus of July 23, 2008 "About Council of Ministers of the Republic of Belarus" the Council of Ministers of the Republic of Belarus DECIDES: No. 424-Z

1. Approve Regulations on procedure for carrying out survey of physical persons regarding identification of the alcohol intoxication and (or) condition caused by consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances it (is applied).

2. Recognize invalid:

subitem 1.15 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of December 23, 2008 No. 2010 "About modification and amendments in some resolutions of Council of Ministers of the Republic of Belarus concerning documentation of the population of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2009, No. 14, 5/29066);

Item 1 of the resolution of Council of Ministers of the Republic of Belarus of December 31, 2008 No. 2055 "About change and recognition voided some resolutions of Council of Ministers of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2009, No. 14, 5/29090);

subitem 1.4 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of May 19, 2009 No. 646 "About modification and amendments in some resolutions of Council of Ministers of the Republic of Belarus concerning forced migration" (The national register of legal acts of the Republic of Belarus, 2009, No. 131, 5/29780).

3. To republican state bodies in three-months time to bring the regulatory legal acts into accord with this resolution and to take other measures for its realization.

4. This resolution becomes effective in three months after its official publication, except for Item 3, of this resolution which is becoming effective from the date of official publication.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of April 14, 2011 No. 497

Regulations on procedure for carrying out survey of physical persons regarding identification of the alcohol intoxication and (or) condition caused by consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances

1. This Provision determines procedure for carrying out survey of physical person concerning which it is conducted administrative process, the suspect, the person accused, for the victim condemned to punishment in the form of restriction of freedom (further if other is not determined, – physical person) regarding identification of the alcohol intoxication and (or) condition caused by consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances (further, unless otherwise specified, – state of intoxication), according to requirements of the legislation determining procedure for conducting administrative process, the criminal and executive and (or) criminal procedure legislation.

2. Survey of physical persons is performed in cases when concerning them good reasons to believe are had that they are in state of intoxication, and carried out by the official of the body conducting administrative process, performing punishment in the form of restriction of freedom without the direction in correctional facility of open type (further – IUOT), the organization performing punishment in the form of restriction of freedom with the direction in IUOT, the investigator, person making inquiry (further – the official).

Data and signs which availability is good cause to believe that the physical person is in state of intoxication are determined according to appendix 1.

3. For the purposes of this provision the following terms and their determinations are used:

survey – set of the actions of the official made if necessary with participation of the specialist doctor (further – the doctor) or other specialist according to the procedure, established by this Provision, the legislation determining procedure for conducting administrative process, the criminal and executive and (or) criminal procedure legislation on identification of availability or lack of state of intoxication, the fact of consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances at physical person if conducting examination for this purpose is not required;

alcohol intoxication – availability of absolute ethyl alcohol in blood or the exhaled air in concentration of 0,3 and more than a per mille or availability of vapors of absolute ethyl alcohol in concentration of 150 and more micrograms on one liter of the exhaled air;

the condition caused by consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances (condition of drug intoxication) – availability of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances (condition of drug intoxication) (further, unless otherwise specified, – drugs or other substances) in the biological samples which are taken away from physical person in case of simultaneous identification of set of violations at it physical and (or) mental functions owing to consumption of the corresponding drugs or other substances;

the fact of consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances – availability of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances in the biological samples which are taken away from physical person in the absence of identification of set of violations at it physical and (or) mental functions owing to consumption of the corresponding drugs or other substances;

refusal of passing in accordance with the established procedure surveys – disagreement of physical person expressed in written or oral form to undergo in accordance with the established procedure survey in general, and equally in refusal of physical person of accomplishment of instructions of the official (the doctor or other expert) concerning survey.

4. Survey is carried out with use of the measuring instruments which underwent the state checking, intended for determination of concentration of vapors of absolute ethyl alcohol in the exhaled air (further – gages), and (or) rapid tests (test strips, express plates) intended for determination of availability of drugs or other substances (further – rapid tests) in the biological samples which are taken away from physical person.

Gages and rapid tests are used according to the procedure, determined by the manufacturer of gages (rapid tests) according to the legislation.

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