LAW OF THE REPUBLIC OF MOLDOVA

of April 13, 2017 No. 66

About modification and amendments in some legal acts

The Parliament adopts this organic law.

Art. I. – In part (2) article 3 of the Law on departure from the Republic of Moldova and entry into the Republic of Moldova No. 269/1994 (1995, No. 6, the Art. 54), with subsequent changes and amendments, words to "persons recognized by degree of jurisdiction incapacitated" shall be replaced with words the official monitor of the Republic of Moldova to "persons protected by measure of judicial protection in the form of guardianship".

Art. II. – In the Law about mental health No. 1402/1997 (Official monitor of the Republic of Moldova, 1998, Art. No. 44-46, 310), with subsequent changes and amendments, to make the following changes and additions:

1. In part (Article 7 of the word "and guardianship" to exclude 2).

2. Add the law with Articles 14-1 and 14-2 of the following content:

"Article 14-1. The conclusion of the extrajudicial psychiatric examination performed for the purpose of establishment of measure of protection

(1) In addition to the requirements established by the legislation on judicial and expert activities, the conclusion of extrajudicial psychiatric examination shall contain:

a) the detailed description of mental disease or physical, intellectual or psychological violation at the corresponding person;

b) extent of decline in the ability of the corresponding person to understand value of the actions or to express the will, both the property, and personal nature which came owing to this mental disease or physical, intellectual or psychological violation, and also the need for the help or representation in case of transactions;

c) specifying of the fact that hearing of the corresponding person in degree of jurisdiction can do harm to his health or that this person is not capable to express the wishes and feelings;

d) information on whether there are strong indications of possible improvement of condition of person, proceeding from the existing level of development of science;

e) specifying of the fact that the conclusion is issued only for establishment of measure of protection of the corresponding person.

(2) Mer of protection it is established concerning person according to provisions of the Civil code of the Republic of Moldova.

(3) the Degree of jurisdiction can oblige the body issuing the conclusion of extrajudicial psychiatric examination, to furnish explanations on it in writing or within judicial session.

(4) In departure from part provisions (5) article 19 of the Law on judicial examination and the status of the court expert No. 68/2016 the conclusion of extrajudicial psychiatric examination can serve as the proof both in the extrajudicial procedure, and in legal procedure.

Article 14-2. Extrajudicial psychiatric examination for the purpose of establishment of measure of protection

(1) in case of request of extrajudicial psychiatric examination for the purpose of establishment of measure of protection the corresponding person shall be examined within no more than seven days from the date of filing of application by it personally or persons according to the law having the right to request establishment of measure of protection, and also to the attorney authorized by the order about its protection in the future. The conclusion of extrajudicial psychiatric examination is issued to the applicant within seven days after survey of the corresponding person.

(2) the Applicant submits the application personally, showing the document proving his identity, and the identity document of the corresponding person. It is forbidden to demand from the applicant or the corresponding person of submission of any other documents. Upon the demand of judicial and expert organization the body of the public power, medical and sanitary organization and the doctor of the corresponding person, in departure from regulations about personal data protection, about the rights of patients and other relevant acts, shall provide information necessary for creation of the conclusion of extrajudicial psychiatric examination for the purpose of establishment of measure of protection.

(3) If issue of the conclusion of extrajudicial psychiatric examination for the purpose of establishment of measure of protection is requested by the attorney authorized by the order about protection in the future, he encloses to the application the original of the order signed by the principal and ratified the attorney who to it returns.

(4) If issue of the conclusion of extrajudicial psychiatric examination for the purpose of establishment of measure of protection is requested by the attorney who is authorized by the order about protection in the future, stipulated in Article 48-17 Civil codes, he encloses to the application:

a) the original of the order signed by the parent or parents and ratified the attorney;

b) the death certificate of the parent or both parents who issued the corresponding order, or the conclusion of extrajudicial psychiatric examination for the purpose of establishment of measure of protection concerning the parent or parents who issued the order.

(5) the Corresponding person cannot be forced to psychiatric survey differently as in accordance with the terms, established by the Code of civil procedure.

(6) If survey of person in the location of judicial and expert organization is difficult or it is not possible, it passes survey across the place of stay if stays in the territory of the Republic of Moldova.".

3. In Article 27:

part (to state 4) in the following edition:

"(4) the Minor is hospitalized in psychiatric hospital at request or with the consent of his parents or other legal representative.";

add Article with parts (4-1), (4-2) and (4-3) following of content:

"(4-1) Application for hospitalization of person can be submitted to psychiatric hospital on behalf of person suffering from mental disturbance, to the attorney authorized by the order about its protection in the future if the order directly provides it.

(4-2) If concerning person the protection measure in the form of temporary protection or guardianship is established, and its condition does not allow to make the decision on hospitalization independently, in case of filing of application about hospitalization in psychiatric hospital the temporary defender or the custodian provides to the protected person the help, fastening the statement with the signature according to the law. If over person guardianship is established, the application for its hospitalization in psychiatric hospital is signed by the guardian.

(4-3) V the cases provided in part (4-1) and (4-2), hospitalization of person suffering from mental disturbance is forbidden if hospitalization contradicts the desires expressed to them. In case of determination of desires of person concerning which the protection measure is established presence of person helping to determine essence of wishes (authorized representative) is obligatory. Person who is freely elected person suffering from mental disturbance is confidential. For lack of the choice the authorized representative is appointed by the communitarian center of mental health.".

4. To add article 28 after the words "or without the consent of his legal representative" with words ", acting according to the desires expressed to them,".

5. In part (Article 30 of the word "and guardianship" to exclude 2).

6. Part (articles 39 after words to "the statement of his legal representative" to add 2) with words ", acting according to the desires and feelings expressed by the patient in any form, specifying that hospitalization contradicts his desires,", and at the end – the offer: "In case of determination of desires of the patient presence of the authorized representative helping to determine essence of these desires is obligatory.".

7. In Article 40:

part (to state 1) in the following edition:

"(1) the Basis for the placement to psychoneurological organization is the conclusion of the medical commission with participation of the psychiatrist issued on the basis:

a) statements of person suffering from mental disturbance (irrespective of whether the measure of judicial protection is established in its relation). If concerning person temporary protection or guardianship is established, and its condition does not allow to make independently the decision on hospitalization, the temporary defender or the custodian helps it to make the decision;

b) the application submitted on behalf of person suffering from mental disturbance by the attorney authorized by the order about its protection in the future if the order directly provides it;

c) the application submitted according to the law the guardian of person suffering from mental disturbance concerning which guardianship is established.

In the cases provided by Items a) and b), hospitalization of person suffering from mental disturbance is forbidden if this decision contradicts the desires expressed to them. In case of determination of desires of person presence of the authorized representative helping to determine essence of these desires is obligatory.";

add Article with part (1-1) following contents:

"(1-1) Conclusion of the medical commission issued based on Item a) parts (1), shall contain data on availability at person of the mental disturbance depriving of its opportunity to be in unspecialized organization.";

in part (the words "and guardianship" to exclude 2).

8. In part (3) Article 42 of the word", and also about possibility of review of decisions on incapacity of patients." shall be replaced with words "and also, on circumstances, about review of decisions on establishment in their relation measures of judicial protection.".

9. Part (Article 43 to state 2) in the following edition:

"(2) the Statement from psychoneurological organization is made on the basis:

a) statements of person which is in organization or the desires and feelings specifying that hospitalization contradicts his desires expressed to them in any form. In case of determination of desires of person presence of the authorized representative helping to determine their essence is obligatory;

b) statements of parents, relatives, the legal representative or, on circumstances, the faces responsible for protection (the assistant, the attorney authorized by the order about protection in the future, the temporary defender, the custodian, the guardian, members of family council) which care of the minor or person concerning whom the measure contractual (the agreement on assistance, the order about protection in the future) or judicial protection (temporary protection, guardianship, guardianship) is established shall perform after the statement.".

Art. III. – Item d) parts (5) Article 128 of the Customs code of the Republic of Moldova No. 1149/2000 (repeated publication: The official monitor of the Republic of Moldova, special release of January 1, 2007), with subsequent changes and amendments to state in the following edition:

"d) it is protected by measure of judicial protection (temporary protection, guardianship or guardianship).".

Art. IV. – In the Family code No. 1316/2000 (Official monitor of the Republic of Moldova, 2001, Art. No. 47-48, 210), with subsequent changes and amendments, to make the following changes and additions:

1. Item f) parts (Article 15 to state 1) in the following edition:

"f) persons, concerning at least one of which establish measure of judicial protection (temporary protection, guardianship or guardianship) and there is no permission required by the law for marriage;".

2. In part (2) Article 33 of the word "the guardian of the spouse recognized as incapacitated." shall be replaced with words "the guardian of the spouse concerning whom the measure of judicial protection in the form of guardianship is established.".

3. Item and) parts (Article 36 to state 2) in the following edition:

"a) it is protected by measure of judicial protection;".

4. In Article 42:

in Item c) parts (1) word "the guardian of the spouse recognized as incapacitated", shall be replaced with words "the guardian of the spouse concerning whom the measure of judicial protection in the form of guardianship is established,".

in part (2) the word "with person, acknowledged incapacitated", shall be replaced with words "in case of the scrap concluded in violation of Item f) parts (1) Articles 15,".

5. In part (6) Article 47 of the word "died, it is unknown absent or incapacitated", shall be replaced with words "died or it is unknown absent,", and at the end to add part with the offer: "If concerning mother the measure of judicial protection is established, provisions of Articles 48-52 and 48-53 of the Civil code are applied.".

6. In part (Article 49 of the word "or the guardian of one of parents recognized as incapacitated" to exclude 1), and at the end to add part with the offer: "If concerning the father the measure of judicial protection is established, provisions of Articles 48-52 and 48-53 of the Civil code are applied.".

7. In part (Article 51 of the word "are recognized as incapacitated or it is unknown absent" shall be replaced with words 4) "are protected by measure of judicial protection or are acknowledged it is unknown absent".

8. In Article 92 the text "If the debtor and/or the creditor are acknowledged incapacitated, the agreement is signed by their legal representatives. Incapacitated persons sign the agreement with the consent of custodians." to exclude.

9. In part (Article 94 of the word "or incapacitated full age" to exclude 5).

10. In part (2) Article 107 of the word "the incapacitated full age receiver of the alimony," shall be replaced with words "the receiver of the alimony protected by measure of judicial protection".

11. Item b) parts (Article 143 to state 4) in the following edition:

"b) concerning which the measure of judicial protection is established;".

12. Item b) parts (Article 150 to state 2) in the following edition:

"b) concerning which the measure of judicial protection is established;".

13. In all text of the code in the phrase to exclude "guardianship and custody body" in any grammatical form of the word "and guardianship".

Art. V. – In article 1 of the Law on control and the prevention of abuse of alcohol, illegal consumption of drugs and other psychotropic substances No. 713/2001 (Official monitor of the Republic of Moldova, 2002, 208), with subsequent changes and amendments, to state the concept "house nursing home" to Art. No. 36-38, in the following edition:

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