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ORDER OF THE MINISTRY OF HEALTH OF THE KYRGYZ REPUBLIC

of September 12, 2014 No. 521

About improvement of the organization of mental health services to persons suffering from mental disturbances concerning which stationary forensic-psychiatric examination and enforcement powers of medical nature is appointed

For the purpose of enhancement of activities in the sphere of medical support of persons concerning whom stationary forensic-psychiatric examination and enforcement powers of medical nature is appointed of prevention of socially dangerous actions of patients with mental disturbances I order:

1. Approve enclosed:

- The instruction about production organization of forensic-psychiatric examinations in department of forensic-psychiatric examination of the state psychiatric organizations (appendix 1);

- The instruction about procedure for the room, content and the statement from forensic-psychiatric expert hospitals of persons who are not held in custody (appendix 2);

- Regulations on the Central forensic-psychiatric commission of experts of the Ministry of Health of the Kyrgyz Republic (appendix 3);

- Regulations on procedure for application of enforcement and other powers of medical nature concerning persons with mental disturbances who made socially dangerous acts (appendix 4);

- The instruction about procedure for the room, content and the statement from departments of forced treatment with high security of observation of the organization giving stationary mental health services (appendix 5);

- The instruction about procedure for the room, content and the statement from departments of forced treatment with the strengthened mode of observation of the organization giving stationary mental health services (appendix 6);

- The instruction about procedure for the room, content and the statement from forensic-psychiatric expert department of persons who are held in custody (appendix 7);

- Methodical instructions for creation of the conclusion (act) of forensic-psychiatric examination (appendix 8).

2. To heads of UOMP and LP M3, UFP M3, DZ Bishkek, NTs, the republican medical and educational organizations, the Republican center of mental health, Republican lunatic asylums of the village of Chym-Korgon, the item Kyzyl Heat, Republican children's lunatic asylum the village of Ivanovka, the Osh and Zhalal-Abadsky regional centers of mental health, the regional joint and territorial hospitals, the regional, city and district centers of family medicine, the centers of all-medical practice to organize work of subordinated divisions in strict accordance with the above-stated provisions and instructions.

3. To impose control over the implementation of this order on the deputy minister Kaliyev M. T.

Minister

D. Saginbayeva

Appendix 1

to the Order of the Ministry of Health of the Kyrgyz Republic of September 12, 2014 No. 521

The instruction about production organization of forensic-psychiatric examinations in department of forensic-psychiatric examination of the state psychiatric organizations

General provisions

1. This Instruction determines procedure for production organization of forensic-psychiatric examinations (further - SPE) in department (department) of forensic-psychiatric examination (further - department (department) of SPE) the state psychiatric organizations according to requirements of the Code of penal procedure of the Kyrgyz Republic (further - the Code of Criminal Procedure of the KR), the Code of civil procedure of the Kyrgyz Republic (further - GPK of the KR).

2. SPE, including complex psikhologo-psychiatric (further - examination), SPE of the state psychiatric organizations made in departments, is performed according to rules of production of judicial examinations in the state judicial and expert organizations, in Law No. 100 compliance of 26.06.2013. Examination is made for bodies of inquiry, pretrial investigation and courts.

3. Examination in department of SPE is made by the experts working in these departments, according to the procedure of execution of the job responsibilities.

4. The experts working in department of SPE (further - the expert), draw the conclusion on its own behalf based on the researches conducted by it according to the special knowledge.

Obligations and managerial rights of the state psychiatric organization

5. The production organization of examination in department of SPE of the state psychiatric organization is assigned to the head of this organization. The head of the state psychiatric organization (further - the head) has the right to give part of the obligations and the rights connected with the organization and production of examinations in the organization subordinated to it, to the deputy for expert work, and also the head (manager) of department of SPE.

6. The head shall:

- in case of receipt of the resolution or determination about purpose of examination to charge its production the commissions of experts of this organization which have special knowledge in the amount required for answers to the questions posed;

- explain the rights and the expert's obligations before examination production;

- take away from experts (experts) subscription about nondisclosure of the evidence;

- at the request of the body or person who appointed examination to warn the expert about criminal liability for making obviously false conclusion, to take from it the corresponding subscription and to send it together with the expert opinion to body or person who appointed examination;

- provide control of examination production adherence to deadlines, completeness and quality of the conducted researches, without breaking the principle of independence of the expert;

- upon termination of researches to send the conclusion of the commission of experts to the person or the body which appointed examination and also to return to the specified person or body case papers and all other materials and objects of research which were made available to the expert (the commission of experts);

- provide the conditions necessary for preserving confidentiality of researches and their results and not disclose data which became known to it in connection with the organization and production of examination, including the data which can limit constitutional rights of citizens, and also the data, components the state, commercial or protected by the law other secret;

- provide the conditions necessary for carrying out expert researches.

7. The head has the right:

- return without execution the resolution or determination of court, the judge, investigator, prosecutor on purpose of examination, the case papers, other materials and objects for researches provided for its production if in this department of SPE there is no expert of the corresponding specialty necessary material and technical resources, or special conditions for carrying out researches, having specified motives for which return is made in the cover letter;

- petition before the body or person who appointed examination about inclusion in structure of the commission of experts of persons which are not working in department of SPE of the state psychiatric organization if their special knowledge is necessary for making the conclusion;

- organize production of examination with participation of other organizations specified in the resolution or determination of court, the judge, investigator, investigator, prosecutor on purpose of examination;

- act as the court expert, according to the expert qualification appropriated to him.

8. The head has no right:

- request without resolution or determination of court, the judge, the investigator, the prosecutor about purpose of examination from the objects and materials necessary for examination production, except available in the state psychiatric organizations;

- independently without coordination with the body or face which appointed examination to involve persons which are not working in department of SPE of this state psychiatric organization in its production;

- instruct the expert, determining content of conclusions on specific examination.

Obligations and rights of experts

9. Experts shall:

- accept the examination charged to it by the head to production, conduct complete research of the materials necessary for examination production provided to it, including necessary inspection of person directed to examination (in case of internal examination) and to draw the reasonable and objective conclusion on the questions raised before it;

- constitute the motivated written message on impossibility to draw the conclusion and to send to his face or body which appointed examination if the questions posed go beyond special knowledge of the expert, the modern level of development of science does not allow to answer the questions posed, objects of researches and case papers are not suitable or insufficient, and also is refused their amendment for carrying out researches;

- be on challenge of court, the judge, investigator, prosecutor in the cases provided by the procedural law in connection with the appointed, appointed or already carried out expertize;

- declare to the head rejection in the presence of the bases provided by the procedural legislation;

- ensure safety of the provided objects of research and materials necessary for examination production;

- not disclose data which became known to it in connection with examination production, including data which can limit constitutional rights of citizens, and also the data, components the state, medical, commercial or protected by the law other secret;

- not disclose the data of preliminary inquiry which became to it known in connection with participation in criminal case as the expert if the expert was in advance warned about it by the investigator or the prosecutor according to the procedure, established by the Art. 330, 331 UK KR.

10. The expert has the right:

- get acquainted with the case papers relating to subject of the examination charged to it;

- petition for representation of additional materials to it, necessary for making the conclusion;

- petition before the head for need of attraction to production of examination of other experts if it is necessary for carrying out researches and making the conclusion;

- participate from the leave of court, the judge, the investigator, the prosecutor in legal proceedings and to ask participants of these actions the questions relating to examination subject;

- draw within the competence the conclusion on the questions though which are not delivered in the resolution or determination of court, the judge, investigator, prosecutor on purpose of examination, but concerning subject of expert research;

- do subjects to entering in the protocol of investigative action or judicial session of the statement concerning the wrong interpretation by participants of legal proceedings of its conclusion or indications;

- write claims to action (failure to act) and judgment, judges, the investigator, the prosecutor limiting it the rights;

- draw own, separate conclusion in case of discrepancy of his opinion with the general conclusion.

11. Experts have no right:

- to independently collect the objects of research and materials necessary for conducting examination, except available in the state psychiatric organizations;

- perform judicial and expert activities as the non-state expert;

- without the knowledge of the body or person who appointed examination to conduct negotiations with participants of legal proceedings on the questions connected with the made examination;

- come into personal contacts with participants of legal proceedings if it calls into question disinterest of the expert in the outcome of the case;

- report to someone about results of examination, except for the body or person who appointed it.

12. The doctor who before its appointment provided to the specified person medical care cannot participate in production of examination of living person. The specified restriction is effective also in case of production of the forensic-psychiatric examination performed without direct inspection of person.

13. The expert cannot be interrogated concerning obtaining by him from the face concerning which it made examination, the data which are not relating to subject of this examination; interrogation of the expert before submission of the conclusion to them is not allowed.

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