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LAW OF TURKMENISTAN

of March 31, 2012 No. 285-IV

About the measures connected with treatment of persons, having alcoholism, drug addiction or dependence on psychoactive agents

(as amended on 03-06-2023)
Article 1. General provisions of passing of treatment by person having alcoholism, drug addiction or dependence on psychoactive agents

1. Person having alcoholism drug addiction or dependence on psychoactive agents shall undergo treatment in the Specialized rehabilitation (recovery) center of state bodies of health care or the Special rehabilitation center of law-enforcement bodies.

2. If the person having alcoholism, drug addiction or dependence on psychoactive agents, earlier undergoing hospitalization the behavior connected with abuse of alcohol, and equally systematic consumption of drugs, the psychotropic, toxic or other stupefying substances creates safety hazard, to health and morality of the population and people around, disturbs legality and the public peace, and also subjects family to material difficulties, at the same time refusing voluntary treatment, it under the resolution of etrapsky court or court of the city with the etrap rights for passing of treatment by it can be directed in the Special rehabilitation center of law-enforcement bodies (further – the rehabilitation center) for a period of six months up to one year (further - the direction to treatment).

3. The minor, expectant mothers, women having children under three years are not subject to the direction on treatment, and women are more senior than fifty seven years, men are more senior than sixty two years, person with disability of I and II groups, the persons having chronic sincere diseases or having other accompanying serious illness interfering treatment passing.

Article 2. The main terms used in this Law

In this Law the following main terms are used:

1) alcoholism - the disease which is result of abuse of alcohol, leading to essential mental and behavioural disturbances of the person owing to its physical and mental dependence on alcohol;

2) drug addiction - the disease which is result of systematic consumption of any drug or the narcocontaining substance, leading to essential mental and behavioural disturbances of the person owing to its physical and mental dependence on them;

3) psychoactive agents - the substances of natural or synthetic origin in case of the use making the specific stupefying impact on mentality of the person, causing dependence in case of their systematic use;

4) the rehabilitation center - the organization which is specially created for implementation of package of measures, aimed at overcoming at the person directed to treatment, dependences on alcohol, drugs, the psychotropic, toxic or other stupefying substances, on forming of aspiration at it to social adaptation according to the procedure, established by regulatory legal acts of Turkmenistan.

Article 3. Procedure for passing of treatment for alcoholism, drug addiction and dependence on psychoactive agents and control of persons undergoing treatment

The procedure for passing of treatment for alcoholism, drug addiction and dependence on psychoactive agents and control of persons undergoing treatment in the rehabilitation centers is established by regulatory legal acts of Turkmenistan.

Article 4. The state guarantees to the persons sent on treatment

Their rights and freedoms are guaranteed to persons undergoing treatment in the rehabilitation center taking into account the restrictions following from need of passing of treatment, provided by this Law, they cannot be exempted from execution of civil obligations, except the cases established by the law.

Article 5. Identification of person having alcoholism, drug addiction or dependence on psychoactive agents and carrying out the corresponding inspections

1. Person involved within year two and more times in responsibility for the administrative offenses made in alcohol intoxication or in the condition caused by consumption of drugs, the psychotropic, toxic or other stupefying substances undergoes comprehensive physical examination in the relevant organizations of the state health care system based on the motivated resolution of law-enforcement bodies, and in the cases specified in part two of article 1 of this Law, proposal of labor collectives, public associations, law-enforcement bodies, local executive bodies and municipalities of domicile or statements of members of his family.

2. If person specified in part one of this Article concerning whom good reasons to believe are had that it has alcoholism, drug addiction or dependence on psychoactive agents, evades from voluntary passing of comprehensive physical examination it is subject to forced carrying out such inspection through law-enforcement bodies.

3. The procedure for identification of person having alcoholism, drug addiction and dependence on psychoactive agents, and carrying out concerning it the corresponding inspection is determined by regulatory legal acts of Turkmenistan.

Article 6. Recognition of person, the suffering alcoholism, drug addiction or dependence on psychoactive agents

The conclusion about recognition of person the suffering alcoholism, drug addiction or dependence on psychoactive agents is taken out by the commission with participation of doctors of addiction psychiatrists created in organizations of the Ministry of Health and the Medical Industry of Turkmenistan according to the procedure, established by regulatory legal acts of Turkmenistan.

Article 7. The warning of the direction on treatment

1. In the presence of the bases provided by part two of article 1 of this Law law-enforcement bodies at least two times within six months officially warn person having alcoholism, drug addiction and dependence on psychoactive agents about intention to bring in court idea of the direction it on treatment in the rehabilitation center.

2. The specified official prevention of law-enforcement bodies can be appealed according to the procedure, established by the legislation of Turkmenistan.

Article 8. Preparation of documents and providing appearance in court

1. Preparation, the direction of the relevant documents and submitting for examination by court of idea of the direction of person on treatment based on the medical certificate about recognition of person the suffering alcoholism, drug addiction or dependence on psychoactive agents are performed by authorized bodies.

2. Person evading from voluntary appearance in court concerning which idea of the direction on treatment in the rehabilitation center is initiated is subject to the forced drive through law-enforcement bodies.

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