On Measures For Combating Illegal Narcotic Drugs, Psychotropic Substances And Precursors And Abuse Them

Original Language Title: Про заходи протидії незаконному обігу наркотичних засобів, психотропних речовин і прекурсорів та зловживанню ними

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With a k o n u r as th h s on measures combating illegal narcotic drugs, psychotropic substances and precursors and abuse them (Supreme Council of Ukraine (BD), 1995, N 10, art. 62) {entered into BP N 63/95-VR from 15.02.95, VVR, 1995, N 10, 63} {amended in accordance with the laws of N 863-XIV (863-14) of 07.08.1999 , VVR, 1999, N 36, 317 N 662-IV (662-15) from 03.04.2003, VVR, 2003, N 27, 209 N IV-1130 (1130-15) on 11.07.2003, VVR, 2004, N 8, 66 N 530-V (530-16) from 22.12.2006, VVR, 2007, N 10, 89 N 3712-VI (3618-17) from Sep. 2011, VVR, 2012, N 15, 4652 N 99-VI (4652-17) from 13.04.2012, VVR, 2013, N 21, 208 N VI-5460 (5460-17) from 26.10.2012 , VVR, 2014, N 2-3, art. 41 N 245-VII (245-18) from 16.05.2013, VVR, 2014, N 12, 178 N 406-VII (406-18) from 04.07.2013, VVR, 2014, N 20-21, 712 N 901-VIII (901-19) from 23.12.2015, VVR, 2016, N 4, art. 44} {in the text of the Act the words "Ministry of health" in all cases has been replaced by the words "in accordance with the central body of the Executive power, which ensures the formation of State policy in the field of health care" in the appropriate case according to the law N VI-5460 (5460-17) from 26.10.2012} this law with taking into account the international obligations determines the system events in Ukraine against illicit narcotic drugs, psychotropic substances and precursors and abuse them, and also defines the rights and obligations of legal entities and citizens in the application of this law.

P o e and l I General provisions article 1. Basic terms used in this Act for the purposes of this law the following terms are used: the trafficking of narcotic drugs, psychotropic substances and precursors-acts: the cultivation of plants included in the list of narcotic drugs, psychotropic substances and precursors (770-2000-p) are development, production, manufacture, storage, transport, transfer, purchase, sale, importation into the territory of Ukraine, export from the territory of Ukraine, transit through the territory of Ukraine, use, destruction of narcotic drugs , psychotropic substances and precursors, which are carried out in violation of the legislation on narcotic drugs, psychotropic substances and precursors; {The second paragraph of article 1, as amended by law N 863-XIV (863-14) from 07.08.1999; as amended by law N 530-V (530-16) from 22.12.2006} addictions-mental disorder, due to dependence on àáî ïñèõîòðîïíî¿substances as a result of the abuse it or this substance; {Paragraph three of article 1, as amended by law N 530-V (530-16) from 22.12.2006} person ill drug addicts,-a person who suffers from a mental disorder that is characterized by psychological or physical dependence on drugs means or ïñèõîòðîïíî¿substances, and that the results of the medical examination conducted under this Act, a diagnosis of "addiction"; {The fourth paragraph of article 1, as amended by law N 530-V (530-16) from 22.12.2006} the illegal use of narcotic drugs or psychotropic substances-the use of narcotic drugs or psychotropic substances without a prescription;
abuse or psychotropic substances-the deliberate systematic illegal use of narcotic drugs or psychotropic substances;
medical review-review of the ambulatory persons with the aim of establishing a State of narcotic intoxication;
medical examination-examination in fixed terms for the purpose of diagnosis "addiction";
wards institutions-institutions (or rooms) in the statutory order is served narkologìčnu assistance;
voluntary treatment-drug addiction treatment that is carried out with the consent of the patient or his legal representative;
compulsory treatment-treatment on the grounds of a judgment of the patient with drug addicts, who shies away from voluntary treatment or continues to use drugs without a prescription and violates the rights of others;
avoidance of medical examination, medical examination or treatment of-willful failure of the disposal of the police concerning the medical examination, as well as the failure of the nominations and the recommendations of the doctor to the person who is abusing the abuse or psychotropic substances; {The twelfth paragraph of article 1, as amended by law N 901-VIII (901-19) from 23.12.2015} a serious mental condition or mental disorder-a condition that is accompanied by a zat′marennâm consciousness, violation of thinking, will, emotion, intelligence or memory, which prevents the perception of the face of the reality of his condition or conduct.
Article 2. Law on measures for combating illegal narcotic drugs, psychotropic substances and precursors and abuse them the law on measures for combating illegal narcotic drugs, psychotropic substances and precursors and abuse of them consists of the law of Ukraine "on narcotic drugs, psychotropic substances and precursors" (530-16), this law and other legislative acts.
{Article 2 amended by law N 530-V (530-16) from 22.12.2006} Article 3. Organization combating illegal narcotic drugs, psychotropic substances and precursors of {Name of article 3 as amended by law N 530-V (530-16) from 22.12.2006} Counteracting illegal circulation of narcotic drugs, psychotropic substances and precursors, and carry out the national police, the security service of Ukraine, the Prosecutor General of Ukraine, the central body of the Executive power, which provides and implements State tax and customs policy, central executive bodies realizing State policy in the field of the protection of the State border , narcotic drugs, psychotropic substances, their analogues and precursors, combating their trafficking and other executive bodies within the given them by the law.
{Part one of article 3 amended pursuant to the law N 662-IV (662-15) from 03.04.2003; as amended by law N 530-V (530-16) from 22.12.2006; amended in accordance with the laws of the N VI-5460 (5460-17) from 26.10.2012, N 406-VII (406-18) from 04.07.2013, 901 N-VIII (901-19) from 23.12.2015} authorities authorized by law on the exercise of control of narcotic drugs, psychotropic substances and precursors and solution of tasks in the field of combating their trafficking, in case of violations of the order of the circulation is used within its competence, appropriate measures to eliminate such violations and in the case of the actions of persons signs the administrative or criminal offences are obliged to send information or submit materials to the appropriate law enforcement authorities who are leading the fight against illicit narcotic drugs, psychotropic substances and precursors.
{Part two article 3 amended pursuant to the Law N 530-V (530-16) from 22.12.2006, N 245-VII (245-18) from 16.05.2013} Coordination activities in the field of combating trafficking in narcotic drugs, psychotropic substances and precursors is carried out by executive bodies authorized to solve the tasks of combating their trafficking.
{Article 3 completed part of the third according to law N 530-V (530-16) from 22.12.2006} r at e and l II MEASURES COMBATING ILLEGAL NARCOTIC DRUGS, psychotropic substances and PRECURSORS of Article 4. Controlled delivery in order to identify the sources and channels of illegal narcotic drugs, psychotropic substances and precursors, the persons involved in this case, in each case by agreement with the relevant authorities of foreign countries or on the basis of the international agreements of Ukraine can be a method of controlled deliveries, i.e., admission control and operational supervision of the relevant authorities of import to Ukraine, export from or transit through its territory of narcotics , psychotropic substances and precursors.
{Changes to part one article 4 see. in the N VI-5460 (5460-17) from 26.10.2012} Controlled delivery can be used also for the illegal transportation and forwarding of narcotic drugs, psychotropic substances and precursors, which are carried out within the territory of Ukraine.
The grounds for carrying out controlled deliveries shall be determined by the law of Ukraine "on operative search activity" (2145-12), Criminal procedural code of Ukraine (4651-17), the customs code of Ukraine (4495-17). The procedure of controlled delivery is determined by the normative act of the central body of the Executive power, which provides and implements State tax and customs policy, the Ministry of Internal Affairs, the security service of Ukraine, specifically authorized central body of the Executive power for the protection of the State border of Ukraine, agreed with the Prosecutor General of Ukraine and the Ministry of Justice of Ukraine.

{Changes to part three of article 4 see in N VI-5460 (5460-17) from 26.10.2012; amended by law N 406-VII (406-18) from 04.07.2013} {article 4 amended by law N 662-IV (662-15) from 03.04.2003; as amended by law N 4652-VI (4652-17) from 13.04.2012} Article 5. Operational procurement to obtain evidence of criminal activities related to illicit narcotic drugs, psychotropic substances and precursors can be made operative procurement operation to acquire narcotic drugs, psychotropic substances or precursors.
The grounds for carrying out operational procurement shall be determined by the law of Ukraine "on operative search activity" (2145-12) and Shapoval (4651-17). The order of the operational procurement is defined by an act of the Ministry of Internal Affairs, the security service of Ukraine, agreed with the Prosecutor General of Ukraine.
{Part two article 5 amended by law N VI-5460 (5460-17) from 26.10.2012}
{Article 5 as amended by law N 4652-VI (4652-17) from 13.04.2012} article 6. Confiscation of narcotic drugs, psychotropic substances and precursors, trafficking, and equipment used for illicit manufacture, subject to confiscation in the procedure established by law.
Narcotic drugs, psychotropic substances and precursors, in legal circulation is recognized as inappropriate, and equipment for their production shall be destroyed in accordance with the normative act of the Ministry of Internal Affairs, the security service of Ukraine, the General Prosecutor's Office, the central body of the Executive power, which ensures the formation of State policy in the field of health, the Supreme Special Court of civil and criminal cases.
{Part two article 6 amended by law N VI-5460 (5460-17) from 26.10.2012}

{The third part of article 6 on the basis of the law of 4652 N-VI (4652-17) from 13.04.2012} Article 7. Requests from law enforcement about placing funds obtained from illegal narcotic drugs, psychotropic substances and precursors on the written request of State bodies (units) that have the right to carry out operative-search activity, banks, authorities revenues and fees, as well as credit, financial and other institutions, enterprises, organizations (regardless of form of ownership) are obliged within three days to send the information and documents on the operations, accounts, deposits, internal and external economic transactions of legal entities and citizens that is the operational and other materials that indicate their involvement in illicit circulation of narcotic drugs, psychotropic substances or precursors.
{Part one of article 7 amended by law N 406-VII (406-18) from 04.07.2013} specified in part 1 of this article, the institutions, enterprises and organizations for twenty days are required to inform the appropriate authorities about the citizens, disposable cash deposits and transfers which exceed 1,000 minimum wages. Failure of officials of these institutions, enterprises and organizations these requirements entails responsibility according to the current legislation.
Article 8. Inspection of vehicles, cargoes and personal belongings of the citizens Review vehicle, cargo, it is, personal belongings of the driver and passengers can be carried out by the police, officials of the security service of Ukraine on the basis of statements, reports of offences related to the trafficking of narcotics, psychotropic substances or precursors, or if this is another reliable information of the competent authorities.
{Part one of article 8 amended by law N 901-VIII (901-19) from 23.12.2015} in case of detection of suspicious substances as such, narcotic, psychotropic or precursors and in need of further study, as well as the presence of the driver or passengers of signs of drug intoxication transport and these can be delivered to the authorities of the national police to determine the required circumstances.
{Part two article 8 amended by law N 901-VIII (901-19) from 23.12.2015} in the case of the upcoming review of the transportation of cargo, which it is, the driver and passengers, as well as the upcoming delivery of specified persons and transport the bodies of the national police, the following persons are entitled to compensation in full to them the material and moral damage in accordance with applicable law.
{Part three of article 8 amended by law N 901-VIII (901-19) from 23.12.2015} Article 9. Suspension and termination of activity of the institutions of mass staying of citizens who found the facts of the use or sale of narcotics, psychotropic substances or their analogues in the event fact-finding systematic or mass (three and more persons) the consumption or sale of narcotics, psychotropic substances or their analogues in the institutions of mass staying of citizens (restaurants, cafes, bars, cinemas, night clubs, discos, playing halls, entertainment complexes, etc.) and nevžittâ officials of such institutions, measures to prevent the use or sale of drugs and psychotropic substances or their analogues after official warnings enforcement activities of such institutions at the request of law enforcement stops seizures for a period of three months, and if during the year is set to repeat the fact of the use or sale of narcotics, psychotropic substances or their analogues, for a period of six months.
The decision to stop the activity of the institutions of mass staying of citizens shall be made by the Court within a month from the day of receipt of the submission of the law enforcement agencies. Over the life of the Court decision on the suspension of the activities of such institutions for appropriate address prohibited activities of any similar institutions.
If, after the expiration of the abovementioned measures, the new fact of the use or sale of narcotics, psychotropic substances or their analogues in the institutions of mass staying of citizens, the activity of such institutions shall be terminated by the Court in the procedure established by law.
{Article 9 as amended by law N 3712-VI (3618-17) from Sep. 2011} Article 10. Measures to counter illegal Activities cultivating plant narkotikovmìsnih trafficking narkotikovmìsnih cultivating plants are carried out in accordance with current legislation.
Article 11. Implementation of administrative supervision of persons released from places of imprisonment of a person was sentenced to imprisonment for one of the crimes related to the illicit trafficking of narcotic drugs, psychotropic substances and precursors, shall be subject to the administrative supervision of the procedure established by legislation.
P o e and l III MEASURES COMBATING ILLEGAL USE of NARCOTICS or PSYCHOTROPIC SUBSTANCES Article 12. Identifying persons who illegally consume narcotic drugs or psychotropic substances the person regarding whom the health care establishments, the central body of the Executive power, which implements the State policy in the field of narcotic drugs, psychotropic substances, their analogues and precursors, combating their trafficking national police received information from the institutions, enterprises, organizations, media or individual citizens that it illegally uses drugs or psychotropic substances or is in a State of narcotic intoxication , subject to medical review.
{Part one of article 12, as amended, in accordance with the laws of the N VI-5460 (5460-17) from 26.10.2012, 901 N-VIII (901-19) from 23.12.2015} the fact of the illicit use of narcotic drugs or psychotropic substances shall be established on the basis of the testimony of the presence of signs of drug intoxication, the results of the medical examination, as well as tests on the contents of the drug agent or ïñèõîòðîïíî¿substances in the body.
Setting presence status of drug intoxication as a result of illicit use of narcotic drugs or psychotropic substances is competency only doctor, who assigned the responsibilities for conducting the medical examination (examination), and the diagnosis of "addiction" is established drug Advisory Committee.
The procedure for the identification and formulation of registered persons who illegally consume narcotic drugs or psychotropic substances, is determined by joint regulatory act of the central bodies of executive power to ensure the formation of the State policy in the spheres of health, narcotic drugs, psychotropic substances, their analogues and precursors, combating their trafficking, the Ministry of Internal Affairs, the General Prosecutor of Ukraine.
{Part four article 12, as amended by law N VI-5460 (5460-17) from 26.10.2012} Article 13. Medical examination and a medical examination of persons who abuse abuse

or psychotropic substances medical examination is conducted under the direction of police and medical examination-appointment narcologist. A person who shies away from the medical examination or medical examination is about to drug dependency property body of the national police.
{Part one of article 13 as amended by law N 901-VIII (901-19) from 23.12.2015} procedure of medical examination and medical examination is determined by joint regulatory act of the central bodies of executive power to ensure the formation of the State policy in the spheres of health, narcotic drugs, psychotropic substances, their analogues and precursors, combating their trafficking, the Ministry of Internal Affairs, the General Prosecutor of Ukraine.
{Part two article 13 of amended according to the law N VI-5460 (5460-17) from 26.10.2012} Avoidance entities from the medical examination or medical examination entails responsibility according to the current legislation.
Article 14. Voluntary treatment of persons with addictions If as a result of medical examination or medical examination revealed that the person who is abusing the abuse or psychotropic substances and against which established the diagnosis of "addiction", requires treatment including in-patient or outpatient, physician-narcologist is obliged to offer such a person to take a course to voluntary treatment and issue a referral to drug dependency property for such treatment.
Immediate treatment measures to eliminate the dependence of individuals on narcotics or psychotropic substances are carried out in the mode of hospitalization in the defined for this specialized medical institution.
When these measures are not binding or dependence on narcotics or psychotropic substances are eliminated, such person may be transferred under the supervision of drug dependency of the institution for outpatient treatment.
Addiction treatment from narcotic drugs or psychotropic substances is carried out by the institution, regardless of the form of ownership if the license of the central body of the Executive power, which implements the State policy in the field of health care to such activity. Supervision of the treatment of such person relies on institutions identified by the central body of the Executive power, which implements the State policy in the field of health care.
{Part four article 14 amended according to the law N VI-5460 (5460-17) from 26.10.2012} person who voluntarily turned to drug dependency of the institution for the course of treatment is provided, at its request, the anonymity of the treatment. Information about this treatment can be given only to law enforcement agencies in the case of a person to criminal or administrative responsibility.
For the period of voluntary treatment the patient seems to be hospital letter, and after the end of treatment, at his request, a certificate indicating the purpose of treatment.
Article 15. Reimbursement of the costs of medical examination, a medical examination or treatment of the costs of medical examination, a medical examination or treatment in public institutions persons who abuse abuse, and drug addicts, are held by the State, and in case of need for additional medical services-at the expense of the person in relation to whom is performed a medical examination, medical examination or treatment.
Article 16. Forced treatment patients drug addicts the person recognized as the ill drug addicts, but shies away from voluntary treatment or continues after treatment using drugs without a prescription and against which due to its dangerous behavior to the police or Prosecutor's Office asked close relatives or other persons, by a decision of the Court may be directed to drug addiction treatment in the specialized medical institution health authorities and minors who have reached the sixteen-year age-specialized medical and educational institutions for up to one year. Specialized medical and medical educational institutions for minors shall be determined by the central body of the Executive power, which implements the State policy in the field of health care. The procedure for the treatment of these patients and the functioning of the specialized institutions of the Cabinet of Ministers of Ukraine.
{Part one of article 16, as amended in accordance with the laws of the N VI-5460 (5460-17) from 26.10.2012, 901 N-VIII (901-19) from 23.12.2015} are not subject to the kind of forced treatment of persons suffering from severe mental disorder or other severe illness that prevents the stay in such institutions, disabled and II groups, pregnant women and mothers having babies, and men aged over 60 years and women aged over 55 years. These people used the treatment in the order determined by the central body of the Executive power, which ensures the formation of State policy in the field of health care.
Preparation of materials for referral of patients to drug addicts for compulsory treatment and transfer these materials to the Court are made by the authorities of the national police in the manner prescribed by the Act of the Ministry of Internal Affairs, the central bodies of executive power to ensure the formation of the State policy in the spheres of health, narcotic drugs, psychotropic substances, their analogues and precursors, combating their trafficking, the General Prosecutor of Ukraine.
{Part three of article 16, as amended in accordance with the laws of the N VI-5460 (5460-17) from 26.10.2012, 901 N-VIII (901-19) from 23.12.2015} Entity for which instituted a request for referral to the compulsory treatment, in case of evasion of appearing to the Court to be about the authority of the national police.
{Part four article 16, as amended by law N 901-VIII (901-19) from 23.12.2015} article 17. Review materials in court about the direction of persons on compulsory drug addiction treatment materials about the referral to the forced treatment of people with addictions are the district (City) Court of the place of residence of the person or at the place of location of the body that submitted such materials.
Materials about the referral to the compulsory drug addiction treatment are subject to review by a judge individually not later both 38. from the moment they arrive to the Court in open court in the presence of the person against whom it is instituted, the petition of the legal representative, and their desire and defender.
About the time of the consideration of the materials the judge informs the public prosecutor, whose failure to appear does not prevent consideration of materials.
The Court verified the validity of the medical conclusion about the necessity of sending a person to compulsory treatment of addiction and other evidence that prove or refute the necessity of applying for such treatment.
In necessary cases to the Court may be invited members (member) Medical Commission, which conducted a medical examination of the patient with drug addicts and passed the medical conclusion about the necessity of sending him on compulsory treatment, as well as persons who have violated such a petition.
After researching materials, giving explanations of the invited persons and after hearing the opinion of the Prosecutor and the Defender's opinion (in the case of their involvement) judge in naradčìj room brings motivated resolution on referral of a person to compulsory drug addiction treatment or denial of such treatment, which may be filed an appeal to the Court of appeal. (Part 6 of article 17, as amended by law N IV-1130 (1130-15) on 11.07.2003) court order of referral to the compulsory drug addiction treatment is performed by the bodies of internal affairs.
Article 18. Early release from compulsory drug addiction treatment the composition of district (City) Court at the location of a specialized medical institution the person is coercive treatment, based on the views of specialized hospital and the medical report may be prematurely released from him or discharged from the medical institution in case of serious illness, which prevents its further stay in the institution, or when no longer necessary in the treatment of drug addiction.
Article 19. Prolongation of the term of compulsory drug addiction treatment in the case of systematic violation of the person who is in a specialized institution, and treatment of addiction, as a result of the therapeutic measures impact not given positive results, at the request of the administration of the medical institution, agreed with the Prosecutor, and based on the medical report the district (City) Court at the location of the medical establishment can extend the period this person stays in it. This general term of forced treatment may not exceed twelve months.
The above view is considered by the Court not later than in ten-day term from the moment of its receipt to the Court in the presence of the person against whom instituted for prolongation of the term of stay in the institution, and, according to her wish, a defender.
(Part two of article 19, as amended by law N IV-1130 (1130-15) on 11.07.2003) ruling on continuation or rejection

the extension of the period of compulsory treatment in a specialized medical institution may be filed an appeal to the Court of appeal. (Part three of article 19, as amended by law N IV-1130 (1130-15) on 11.07.2003) person who ran away with a specialized medical institution, as well as on the way to the institution charged with the responsibility according to the current legislation.
Article 20. Preservation of residential premises by persons ill drug addicts For persons who are in specialized institutions is entitled to is an accommodation facility in the place of their residence during the entire time of staying in them.
Article 21. Restriction of rights of a person, a sick drug addicts, for the period of forced treatment court order about the direction of the person, a sick drug addicts, compulsory treatment is grounds for dismissal it from work or cessation of learning established by legislation.

The President of Ukraine l. Kuchma Kiev, February 15, 1995, N 62/95-VR

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