LAW OF UKRAINE

of November 14, 2017 No. 2205-VIII

About modification of some legal acts of Ukraine concerning provision of mental health services

The Verkhovna Rada of Ukraine decides:

I. Make changes in such legal acts of Ukraine:

1. In the Criminal code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2001, Art. No. 25-26, 131):

1) in Article 95:

state part one in the following edition:

"1. Continuation, change or phase-out of enforcement powers of medical nature is performed by court according to the statement of the representative of organization on rendering mental health services (psychiatrist) who provides to person mental health services. The conclusion of the commission of psychiatrists proving need of continuation, change or phase-out of such enforcement powers is enclosed to the application.

Change or phase-out of enforcement powers of medical nature can be performed by court also according to the statement of person to which enforcement powers of medical nature, his defender or legal representative are applied if such person on condition of the health cannot realize the actions (divergence) or direct them, including cannot bring into court the corresponding statement consciously. The conclusion of the commission of psychiatrists of organization in which mental health services, or, in case of availability, conclusion of the independent psychiatrist elected by it are provided to person is enclosed to the application";

the second to add part with paragraphs second and third such content:

"Persons to whom enforcement powers of medical nature are applied have the right to take a legal action with the statement for change or phase-out of enforcement powers of medical nature is not more often than once in 6 months and irrespective of whether this question during the specified period was considered by court.

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