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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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C A C U A TO R S
On the measures to counteract the illicit circulation of narcotics
tools, psychotropic substances and precursors and
abuse of
(Information of the Verkhovna Rada of Ukraine (VR), 1995, N 10, pp. 62)
{Be in Action by VR N 63 /95-PL From 15.02.95,
AVR, 1995, N 10, pp. 63}
{With changes under the Laws
N 863-XIV ( 863-14 ) from 08.07.99, VR, 1999, N 36, pp. 317
N 662-IV ( 662-15 ) from 03.04.2003, VR, 2003, N 27, pp. 209 N 1130-IV ( 1130-15 ) from 11.07.2003, VCE, 2004, N 8, pp. 66 N 530-V ( 530-16 ) from 22.12.2006, VR, 2007, N 10, pp. 89 N 3712-VI ( 3712-17 ) from 08.09.2011, VR, 2012, N 15, pp. 99 N 4652-VI ( 4652-17 ) by 13.04.2012, VR, 2013, N 21, pp. 208 N 5460-VI ( 5460-17 ) 16.10.2012, VCE, 2014, N 2-3, pp. 41 N 245-VII ( 245-18 ) from 16.05.2013, VR, 2014, N 12, pp. 178 N 406-VII ( 406-18 ) from 04.07.2013, VR, 2014, N 20-21, pp. 712 N 901-VIII ( 901-19 ) by 23.12.2015, BBB, 2016, N 4, pp. 44}

{In the text of the Law of the words "Ministry of Health of Ukraine"
in all differences replaced by the words " central
the executive branch, which provides the formation of a state
health policy " in the appropriate case
under the Law N 5460-VI ( 5460-17 ) 16.10.2012}

This Act is subject to international obligations
a system of measures in Ukraine aimed against illegal circulation
drugs, psychotropic substances and precursors and
abuse of them, and also determine the rights and obligations of legal
persons and citizens in connection with the application of this Act.

R O and L I
GENERAL PROVISIONS
Article 1. Basic terms used
in this Act
The following terms are used for the purposes of this Act:
illegal circulation of drugs, psychotropic substances and
The precursors-the act of: cultivation of plants included in
List of drugs, psychotropic substances and precursors
( 770-2000p ), development, production, fabrication,
storage, transport, transport, acquisitions, marketing,
Territory of Ukraine, transit from Ukraine, transit
through the territory of Ukraine, use, destruction of narcotic
substances, psychotropic substances and precursors carried out with
In violation of the legislation on drugs, psychotropic
substance and precursors; {Abzac second article 1 with changes;
In accordance with the Act N 863-XIV ( 863-14 ) from 08.07.99; in
revision of the Act N 530-V ( 530-16 ) From 22.12.2006}
drug addiction-a mental disorder caused by addiction
drug or psychotropic substance
the abuse of this means or this substance; {Abzac third article
1 in the edition of Act N 530-V ( 530-16 ) From 22.12.2006}
person, the tail on drug addiction, is the person who suffers
a mental disorder characterized by mental and (or) physical
addiction to drug or psychotropic substance, and
with the results of a medical examination conducted in accordance with
to this Act, diagnosis of 'drug addiction' is established; {Abzac
fourth Article 1 in the edition of Act N 5530-V ( 530-16 ) From
22.12.2006}
illegal use of drugs or psychotropic drugs
substances-use of narcotic drugs or psychotropic substances
Without the doctor's appointment
Drug abuse or psychotropic abuse
substances-intentional systematic illicit use of narcotic drugs
Or psychotropic substances;
medical examination-outpatient survey of person with intent
Setting up the state of narcotic intoxanation;
medical examination-survey of persons in stationary conditions with
The purpose of establishing a "drug addiction" diagnosis;
Drug facilities (department or cabinets), which are
The law is in accordance with the law of order to provide narcotics;
Voluntary treatment-treatment from drug addiction
is carried out on the consent of the sick or its legal representative;
Forced treatment-treatment based on judicial decision
a sick drug addict who is evading voluntary treatment
or continues to use drug-free means without the appointment of a doctor and
Violates the rights of others;
Eviction from medical examination, medical examination or
Treatment-intentional non-execution of a police officer
a medical examination, as well as non-execution of appointments and
the recommendations of a doctor with a person who abuses drug use
or psychotropic substances; {Paragraph 12 of Article 1 of the
changes under the Act N 901-VIII ( 901-19 ) From
23.12.2015}
a severe mental state or mental disorder -- a state that
accompanied by the eclipse of consciousness, in violation of the thinking,
the will, emotions, intelligence, or memory that prevents the perception of
the person of the surrounding reality, of its condition or behavior.
Article 2. Anti-action measures
Illicit drug use,
Psychotropic substances and precursors
abuse of
Legislation on measures to counter illegal circulation
drugs, psychotropic substances and precursors and
The abuse consists of the Law of Ukraine " On Narcotic Drugs
tools, psychotropic substances and precursors " ( 530-16 ), this
Law and other legislative acts. {Article 2 with changes under the N 530-V Act
( 530-16 ) From 22.12.2006}
Article 3. Anti-Drug Action Organization
substances, psychotropic substances and precursors {Title of Article 3 in the edition of Act N 550-V ( 530-16 ) From
22.12.2006}
Counteract illicit drug use, psychotropic
substances and precursors carry out National Police, Service
Security of Ukraine, General Prosecutor's Office of Ukraine, central body
the executive branch, which provides the formation and implementation of
tax and customs policy, the central authorities governing the
Implement state policy in the areas of protection of the state border,
the circulation of drugs, psychotropic substances, their counterparts and
Precursors, countering their illegal circulation and other organs
of the executive branch within the Act of the United States. {Part of the first article 3 with changes made under the Act
N 662-IV ( 662-15 ) From 03.04.2003; in the editorial of Law N 5530-V
( 530-16 ) from 22.12.2006; with changes made according to
Laws N 5460-VI ( 5460-17 ) 16.10.2012, N 406-VII
( 406-18 ) from 04.07.2013, N 901-VIII ( 901-19 ) 23.12.2015}
Executive authorities authorized by the law to implement the
Control in the field of drug control, psychotropic substances and
Precursors and challenges in countering them illegal
In the case of an infringement of the order of the
within their competence of relevant measures to eliminate such
violations, and in case of presence in persons of the features of the administrative
or criminal offences are required to send information
or apply the materials to the relevant law enforcement, which
Fight against the illegal circulation of narcotic drugs,
Psychotropic substances and precursors. {Part of the second article 3 with the changes made under the Laws
N 530-V ( 530-16 ) from 22.12.2006, N 245-VII ( 245-18 ) From
16.05.2013}
Coordination of activities in countering illicit circulation
drugs, psychotropic substances and precursors
is carried out by the executive authorities authorized to
To solve problems in the area of illegal circulation. {Article 3 is supplemented by part of the third under the N 530-V Act.
( 530-16 ) From 22.12.2006}
R O and L II
ANTI-DRUG TRAFFICKING MEASURES
PSYCHOTROPIC SUBSTANCES AND PRECURSORS
Article 4. Controlled Delivery
To identify sources and channels of illegal circulation
drug, psychotropic substances and precursors, persons who
participate in this, in each individual case by arrangement
with the relevant authorities of foreign powers or on the basis of
International treaties of Ukraine can be used
controlled delivery, i.e. tolerance under control and operational
supervision of relevant import bodies into Ukraine, the removal from
Ukraine or transit through its territory of narcotics,
Psychotropic substances and precursors. {The changes to the part of the first article 4 see. in Law N 5460-VI
( 5460-17 ) 16.10.2012}
A controlled delivery can also be used for
Illegal transportation and transport of narcotic drugs;
psychotropic substances and precursors which are carried out within
Ukraine.
The basis for the delivery of controlled delivery is determined
The Law of Ukraine "On Operations-Business Activity" (PDF) 2135-12 ),
Criminal Procedure Code of Ukraine 4651-17 ), by Customs
Code of Ukraine 4495-17 ). Controlled Order
supply is determined by the regulatory act of the central
the executive branch, which provides the formation and implementation of
tax and customs policy, Ministry of Internal Affairs of Ukraine,
Security services of Ukraine specially authorized
Executive Body for the Public Border Protection
Ukraine, agreed with the Prosecutor General of Ukraine and
Ministry of Justice of Ukraine. {Changes to Part 3 of Article 4 see in Law N 5460-VI
( 5460-17 ) from 16.10.2012; with changes made according to
Law N 406-VII 406-18 ) of 04.07.2013}
{Article 4 changes in accordance with the Law N 662-IV
( 662-15 ) From 03.04.2003; in the wording of Act N 4652-VI ( 4652-17 )
From 13.04.2012}
Article 5. Operational procurement
To obtain evidence of criminal activities associated with the
illegal circulation of narcotic drugs, psychotropic substances and
Precursors, can be conducted online procurement operation
for the purchase of drugs, psychotropic substances or
The precursors.
The basis of operational procurement is determined by the Law
Ukraine's "Pro-operation Activities" (PDF). 2135-12 ) and
Criminal Procedure Code of Ukraine 4651-17 ). Order
Operational procurement is determined by the regulatory act
Ministry of Internal Affairs of Ukraine, Security Service of Ukraine,
Agreed with the Prosecutor General of Ukraine. {Part of the second article 5 of the changes made under the Act
N 5460-VI ( 5460-17 ) 16.10.2012}
{Article 5 in the edition of Act N 4652-VI ( 4652-17 ) From
13.04.2012}
Article 6. Confiscation
Drugs, psychotropic substances and precursors
are in illegal circulation, as well as equipment which
used for their illegal fabrication, subject to
The confiscation in the order of the law.
Drugs, psychotropic substances and precursors,
the use of which in legal circulation is deemed inappropriate, as well as
equipment for their fabrication are subject to the reduction in order,
an established regulatory act of the Ministry of the Interior
Ukraine, Security Service of Ukraine, Prosecutor General of Ukraine,
the central authority of the executive to provide the formation of
Public Health Policy, Higher and
of a specialized court of Ukraine on the consideration of civil and criminal
-Yes {Part of the second article 6 with the changes made under the Act
N 5460-VI ( 5460-17 ) 16.10.2012}
{Part of the third article 6 is excluded from the Law of the
N 4652-VI ( 4652-17 ) From 13.04.2012}

Article 7. Law enforcement requests
International funds received from illegal circulation
drugs, psychotropic substances
and precursors
On the written request of state bodies (units) that have
Right to exercise, banks, organs
income and fees, as well as credit, financial and other institutions,
enterprises, organizations (regardless of property forms)
Required for three days to send information and documents
about operations, accounts, contributions, internal and external economic
the agreements of legal persons and citizens, whose relative are operational and
other materials evidenced by their involvement in illegal
The circulation of narcotics, psychotropic substances or precursors. {Part of the first article 7 with changes made under the Act
N 406-VII ( 406-18 ) of 04.07.2013}
Listed in Part One of this article, enterprise
and organizations for twenty days are required to report
the relevant law enforcement agencies on citizens, disposable cash
contributions and transfers over thousands of minimum sizes
Payroll. Non-compliance by official officials
institutions, enterprises and organizations of these requirements are drawn to the
the responsibility of the current legislation.
Article 8. Review of vehicles, goods
and personal belongings of the citizens
Inspection of vehicle, cargo,
personal belongings of the driver and passengers can be carried out
police officers, officials of the Security Service of Ukraine on
Based on statements, reports of offenses related to
illegal circulation of narcotic drugs, psychotropic substances or
The precursors, or if there is other reliable information about this
competent authorities. {Part of the first article 8 with changes made under the Act
N 901-VIII ( 901-19 ) 23.12.2015}
In case of detection of substances that cause suspicion as to
belong to narcotic, psychotropic or precursors and need
Further investigation, as well as the presence of a driver or a passenger
the signs of narcotic intoxication and designated persons may
be taken to the National Police agencies to find out
Necessary circumstances. {Part of the second article 8 with the changes made under the Act
N 901-VIII ( 901-19 ) 23.12.2015}
In the case of an unreasonable review of transport, the cargo that is in it
is located, driver and passengers, as well as unfounded delivery
Persons and bodies of the National Police
Persons are entitled to redress in their entirety in their entirety
material and moral harm in accordance with the current legislation. {Part of the third article 8 with the changes made under the Act
N 901-VIII ( 901-19 ) 23.12.2015}
Article 9. Stop and Stop Bookmarks
the mass of the citizens who have been identified
the facts of the use or the excitation of narcotics,
Psychotropic substances or their counterparts
In case of setting the facts of systematic or mass
(three and more persons) of the use or excitation of narcotics,
psychotropic substances or their counterparts in institutions of mass
a stay of citizens (restaurants, cafes, bars, cinemas, nightly)
Clubs, discotheques, playsets, entertainment complexes, etc.)
and non-life by the officials of the
preventing use or excitation of drugs, psychotropic
substances or their counterparts after an official warning
Law enforcement agencies of such establishments in the post
law enforcement stops by court for three months, not three months
in case a refraction is established for a year or
the excitation of drugs, psychotropic substances or their counterparts, is
A period of six months.
Decision to stop the activities of the mass
Citizens are taken by court within a month of the day
The enforcement of law enforcement. During the action string
a court decision to stop the activities of such institutions for
the address is prohibited by any similar activity
Bookmarks.
If the requested action string is finished
a new fact of eating or excited about drugs, psychotropic
substances or their counterparts in the institutions of mass life,
the activities of such institutions are stopped by the court in established
By law. {Article 9 in the edition of Act N 3712-VI ( 3712-17 ) From
08.09.2011}
Article 10. Illegal cultivation
Narcotics
Measures to counteract the illicit cultivation of narcotic drugs
The plants are carried out in accordance with the current legislation.
Article 11. Implementing administrative oversight
for persons released from the seats
Incarceration
Persons who were sentenced to imprisonment for one of the
Crimes involving illicit trafficking in drugs,
psychotropic substances and precursors, subject to administrative
the oversight of the established law.
R O and L III
ANTI-TRAFFICKING MEASURES
DRUGS OR PSYCHOTROPIC SUBSTANCES
Article 12. Detection of persons who are illegally consumed
drug or psychotropic substances
Person with respect to health care facilities,
the central body of the executive branch implementing the state
Drug trafficking policy, psychotropic substances,
their counterparts and precursors, countering their illegal circulation.
National police received information from institutions, businesses,
organizations, media or individual citizens about
what she illegally used drugs or psychotropic.
substances or is in a state of narcotic intoxication.
Medical review. {Part of the first article 12 of the changes made under the Laws
N 5460-VI ( 5460-17 ) 16.10.2012, N 901-VIII ( 901-19 ) From
23.12.2015}
The fact of illegal use of drugs or
The psychotropic substances are set on the basis of witnesses,
the presence of narcotic intoxication, the results of the medical
review, as well as tests on the contents of the drug or the
a psychotropic substance in the body of a person.
Setting the presence of narcotic intoxication as a result of a
Illicit use of narcotic drugs or psychotropic substances
is only the responsibility of a doctor who is responsible for
a medical examination (survey), and a diagnosis of "drug addiction"
is set up by a drug-consulting commission.
Order of detection and regulations on account of persons who are illegally
consume narcotic means or psychotropic substances
Legal and legal act of the central executive bodies
to ensure the formation of public policy in the fields of
Health, drug use, psychotropic substances,
their counterparts and precursors, countering their illegal circulation,
Ministry of Internal Affairs of Ukraine, Attorney General
Ukraine. {Part of Article 12 of the changes made according to
Act N 5460-VI ( 5460-17 ) 16.10.2012}
Article 13. Medical examination and medical examination
persons who abuse drug use
or psychotropic substances
The medical review is conducted over the direction of police officers, and
Medical examination-by sending a drug doctor. Person Who
Evoked by medical examination or medical examination, is subject to
On the way to the drug establishment organ of the National Police. {Part of Article 13 of the changes made under the Act
N 901-VIII ( 901-19 ) 23.12.2015}
Conduct of medical examination and medical examination
to be determined by the joint regulatory and legal act of the central
of the executive branch, which provide the formation of the State
policies in the areas of health, drug use,
psychotropic substances, their counterparts and precursors, countering them
Illegal circulation, Ministry of Internal Affairs of Ukraine,
Prosecutor General of Ukraine. {Part of the second article 13 of the changes made under the Act
N 5460-VI ( 5460-17 ) 16.10.2012}
Eviction of persons from medical examination or medical examination
Enforcing responsibility under the current legislation.
Article 14. Voluntary treatment of persons,
persons with drug addiction
If due to medical examination or medical examination
found that a person who is abused by drugs or
psychotropic substances and a diagnosis of
"drug addiction", needs treatment, including in stationary or
Outpatient conditions, drug addiction is required to offer
A person to attend the course of voluntary treatment and to see
Dispatch to a drug-based institution for such treatment.
Emergency treatment for removal of the person's dependency
from drug or psychotropic substances to be held in
mode of hospitalization in the definition for this specialized
Medical school.
In case the stated measures are not binding or
addiction on drugs or psychotropic substances
removed, such a person can be transferred under the supervision of a narcotics
The institution for outpatient treatment.
Treatment of drug addicts or psychotropic drugs
substances are carried out in the treatment institution independently of the form
property under the presence of a licence of the central executive authority
power, which implements state policy in health care.
this kind of activity. Treatment for the treatment of such a person
relies on institutions defined by the central body of the executive
the power of government in the field of health. {Part of Article 14 of the changes made according to
Act N 5460-VI ( 5460-17 ) 16.10.2012}
The person who volunteered for the drug institution
to pass the course of treatment, provided, at her request,
Anonymity treatment. Information about this treatment may be
provided only by law enforcement agencies in the event of an attack on this person
to a criminal or administrative responsibility.
In the course of voluntary treatment, the disease is issued.
hospital letter, and after the end of treatment, at his request,-
A reference to the purpose of the treatment.
Article 15. Reimbursement of expenses for medical inspection,
medical examination or treatment
Medical expenses, medical examination or treatment in hospital
of public institutions of persons who abuse narcotics,
and sick to drug addiction, are held at the expense of the state, and in the case of
needs in additional medical services-by the person concerned
Medical examination, medical examination, or treatment is conducted.
Article 16. Forced treatment of persons with drug addiction
A person who is convicted of drug addiction but evoted
good treatment or continues after treatment
drug-free means without the appointment of a doctor and in relation to
with its dangerous behaviour to National Police bodies or
The prosecutor ' s office turned to close relatives or other individuals, by decision
court may be sent to treatment from drug addiction to
of a specialized medical institution of health, and
Minors who have reached the age of sixteen,
Specialized medical and medical facilities for each other
Yeah. Specialized medical and medical facilities for
Minors are determined by the central body of the executive branch,
We have no idea that it implements state policy in health care. Order
Treatment of such persons and the functioning of specialized institutions
is set up by the Cabinet of Ministers of Ukraine. {Part of the first article 16 with changes made under the Laws
N 5460-VI ( 5460-17 ) 16.10.2012, N 901-VIII ( 901-19 ) From
23.12.2015}
Not subject to the forced treatment of the person who
suffer severe mental disorders or other burden of disease, which
prevent the following facilities, the disabled and the second group,
Pregnant women and mothers having babies, as well as men age
over 60 years and women over 55 years of age. To such persons
applied treatment in a order defined by the central
an executive body that provides the formation of a state
Health policy.
Preparation of materials for sending patients to drug addiction
forced treatment and transfer of these materials to court
to be carried out by the National Police agencies in the order of
Regulatory Act of the Ministry of Internal Affairs of Ukraine,
the central executive bodies that provide the formation
public policy in the areas of health, drug trafficking
tools, psychotropic substances, their counterparts and precursors, countermeasures
their illegal circulation, the Prosecutor General ' s Office of Ukraine. {Part of the third article 16 of the changes in accordance with the Laws
N 5460-VI ( 5460-17 ) 16.10.2012, N 901-VIII ( 901-19 ) From
23.12.2015}
Persons with whom to petition
forced treatment, in case of eviction to trial
are subject to the authority of the National Police. {Part of Article 16 of the changes made according to
Law N 901-VIII ( 901-19 ) 23.12.2015}
Article 17. Proceedings in the court of reference
forced treatment of drug addiction
Materials for forced treatment of persons with children
on drug addiction, treated by a district (city) court for a place
a residence or by the location of an organ that has filed
Such materials.
Materials for forced treatment from
Drug addiction to be considered by judge one person not later
twenty-day lines since their entry to the court in the open
A trial meeting in the presence of a person who has such a violation of such a
The petition, her legitimate representative, and for their wishes-and
Protector.
The judge reports the prosecutor,
The non-appearance of which does not prevent consideration of materials.
The trial of medical equipment is being tested.
the conclusion of the need for a person to be treated
from drug addiction and other actual data proving or refuting
the need to apply to the person of such treatment.
Required members may be invited to the court.
(member) medical commission who conducted medical examination of the patient
on drug addiction and made a medical conclusion about the need for
directing it to compulsory treatment, as well as persons
I'm sorry.
After the study of materials, the evidence of the explanations of the invited persons
and hear the opinion of the prosecutor and the opinion of the defender (in the case of their participation)
judge in the trial room carries a motivated decision about
The person responsible for involuntary treatment of drug abuse or
Failure in such treatment, to which an appeal may be submitted to
Court of Appeal. (Part of the sixth article 17 of the changes made by
under the Law N 1130-IV ( 1130-15 ) 11.07.2003)
Court decision on the direction of forced treatment of
Drug addiction is performed by the internal affairs authorities.
Article 18. Early release from forced labour force
Treatment of drug addiction
By position of district (city) court for the place of
the location of a specialized medicinal institution of a person who
is on forced treatment, on the basis of submission
A specialized treatment institution and medical conclusion can
be pre-released from him or discharged from such a
A treatment institution in case of severe disease impacting.
to the next installation, or when it fell
the need for treatment from drug addiction.
Article 19. Forced Force String
Treatment of drug addiction
In case of systematic violation of the person who is in
specialized treatment institution, mode and treatment course
from drug addiction, resulting in the measures of medicinal influence not given
positive results, by the administration of the treatment
the institution agreed with the prosecutor, and on the basis of a medical conclusion
district (city) court for the location of the treatment institution
can continue this person of stay in it. With this
The overall term of compulsory treatment cannot exceed
Twelve months.
The given submission is considered by the court not later
a ten-day line from the moment of his accession to the court in
The presence of a person who has been entrusted with a petition to continue
a line of stay in the institution, and, by her wish, a defender.
(Part of the second article 19 of the changes under the Act)
N 1130-IV ( 1130-15 ) 11.07.2003)
A court order for the continuation or failure in the
continue the line of forced treatment in a specialized
The treatment institution may appeal to appeal court.
Court. (Part of third article 19 of the changes made according to
Act N 1130-IV ( 1130-15 ) 11.07.2003)
The person who escaped from a specialized treatment plant and
so on the way to this institution, it is drawn to
responsibility in accordance with the current legislation.
Article 20. The preservation of the living room by persons,
Sick on drug addiction
Persons who are in specialized treatment
Establishments in which the right to housing the premises
permanent residence throughout the time of being in them.
Article 21. Limitations of the rights of the person who are ill on drug use,
During the period of forced treatment
A court decision on the direction of the person who is sick on drug addiction,
on forced treatment is the basis for releasing her from work or
Termination of training in the established order.

President of Ukraine
Um ... Kiev, 15 February 1995
N 62 /95-PL