RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF BELARUS

of June 30, 2005 No. 7

About practice of consideration by courts of cases on forced hospitalization and treatment of citizens

Having considered materials of generalization of court practice on cases on forced hospitalization and treatment of the citizens having the diseases constituting health hazard of the population, and evading from treatment, the Plenum of the Supreme Court of the Republic of Belarus

DECIDES:

1. Draw the attention of courts that the correct and timely hearing of cases about forced hospitalization and treatment of the citizens having the diseases constituting health hazard of the population guarantees protection of the rights and legitimate interests of these citizens, and also ensures safety of health of the population of the republic.

2. Courts should mean that forced hospitalization and treatment of citizens are possible only in the cases which are directly provided by the law, and only by a court decision.

The laws of the Republic of Belarus of June 18, 1993 No. 2435-XII "About health care" and of January 7, 2012 No. 349-Z "About rendering mental health services", in particular, belong to such laws.

3. Cases on forced hospitalization and treatment of citizens are considered by rules of special proceeding (the Art. of the Art. 362, 391–393 Codes of civil procedure of the Republic of Belarus (further – GPK) taking into account the features provided by the laws regulating questions of such hospitalization and treatment.

4. Draw the attention of courts that put about forced hospitalization and treatment are initiated according to statements of the relevant healthcare institutions for the place of their stay or at the place of residence (stay) of the citizen and are considered within five days from the moment of their receipt in court.

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