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LAW OF UKRAINE

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									                            LAW OF UKRAINE
      “On Measures to Counteract Illegal Trafficking in Drugs, Psychotropic
                 Substances, Precursors, and Abuse thereof”
       The present Law, taking into account international obligations, shall define the system of
measures in Ukraine aimed at counteracting illegal trafficking in drugs, psychotropic substances,
precursors, and abuse thereof, as well as determine rights and duties of legal persons and citizens in
the connection with application of the present Law.


                                          Section I
                                     GENERAL PROVISIONS

                                     Article 1.     Use of Terms

       For the purposes of the present Law:

        “Illegal trafficking in drugs, psychotropic substances, and precursors” shall mean acts
related to the cultivation of plants containing narcotic substances, to the design, production, delivery,
manufacture, storage, distribution, trade, use, and movement in the territory of Ukraine and outside its
limits of drugs, psychotropic substances, and precursors, which are carried out in violation of the Law
of Ukraine “On Trafficking in Drugs, Psychotropic Substances, their Analogues, and Precursors in
Ukraine” ( 60/95-ВР ); (Article 1, second paragraph, as amended pursuant to the Law # 60/95-BP
as worded in the Law # 863-XIV ( 863-14 ) of 8 July 1999;)

        “Drug addiction” shall mean psychotic sickliness which is caused by chronic intoxication as
a result of the abuse of drugs which are qualified as such by UN conventions or the Committee for
Drug Control under the Ministry of Health of Ukraine (hereinafter referred to as “the Committee”),
such sickliness being characterized by psychotic or physical drug addiction;

       “Sick of drug addiction (druggy)” shall mean a person to whom a medical institution made,
in accordance with established procedure, diagnosis “druggy”;

      “Illegally taking drugs or psychotropic substances” shall mean taking drugs or
psychotropic substances without prescription;

       “Abuse of drugs or psychotropic substances” shall mean intentionally and systematically
taking drugs or psychotropic substances;

       “Medical examination” shall mean out-patient examination of a person to ascertain the state
of narcotic intoxication;

       “Medical trial” shall mean in-patient examination of a person to ascertain the diagnosis “drug
addiction”;

        “Narcological facilities” shall mean institutions (wards or rooms) which provide narcological
help as prescribed by law;
                                                                                                     2

       “Voluntary treatment” shall mean treatment of drug addiction made upon consent of the
sick person or his/her legal representative;

        “Forced treatment” shall mean treatment, pursuant to a judicial decision, of a sick of drug
addiction that avoids voluntary treatment or continues taking drugs without prescription and violates
others’ rights;

       “Avoiding medical examination, medical trial, or treatment” shall mean intentional
disregard of the decision made by a member of interior in respect of medical examination and
ignorance of prescriptions and recommendations of the doctor by a person abusing drugs or
psychotropic substances;

        “Grave psychotic state or psychotic disorder” shall mean the state associated with
distraction, breach of thinking, will, emotions, intellect, or memory, which does not allow a person to
perceive the environment, his/her state or conduct.

   Article 2.     Legislation relating to Measures to Counteract Illegal Trafficking in Drugs,
                    Psychotropic Substances, Precursors, and Abuse thereof

        Legislation relating to measures to counteract illegal trafficking in drugs, psychotropic
substances, precursors, and abuse thereof shall include the Law of Ukraine “On Trafficking in Drugs,
Psychotropic Substances, their Analogues, and Precursors in Ukraine,” the present Law, and other
legislative acts.

  Article 3.     Authorities in Charge of Control of Illegal Trafficking in Drugs, Psychotropic
                           Substances, Precursors, and Abuse thereof

         Control of illegal trafficking in drugs, psychotropic substances, and precursors shall be
exercised, within the scope of their competence, by appropriate agencies of the Ministry of Interior of
Ukraine, Security Service of Ukraine, Prosecutor-General’s Office, State Customs Committee of
Ukraine, State Committee for State Border Protection of Ukraine while measures to counteract drug
abuse shall be implemented by the Ministry of Health of Ukraine and other appropriate agencies and
institutions.

         Agencies authorized by the Cabinet of Ministers of Ukraine to control trafficking in drugs,
psychotropic substances, and precursors, in case of detecting violations of the procedure therefor,
shall, within the scope of their competence, take appropriate measures to eliminate such violations
and, should there be elements of an administrative offence or a crime, are required to send such
information or submit relevant documents to law enforcement authorities in charge of the control of
illegal trafficking in drugs, psychotropic substances, and precursors.

                            Section II
MEASURES TO COUNTERACT ILLEGAL TRAFFICKING IN DRUGS, PSYCHOTROPIC
                  SUBSTANCES, AND PRECURSORS

                                  Article 4.     Controlled Supply

       The State Customs Committee of Ukraine and public authorities (units) which are entitled to
conduct operational-search activities, in view of detecting sources and channels of illegal trafficking
in drugs, psychotropic substances, and precursors, individuals taking part therein, in each given case
                                                                                                          3

upon agreement with appropriate authorities of foreign State or pursuant to international treaties of
Ukraine, may have recourse to the method of controlled supply i.e. admit, under control and
operational surveillance of these authorities, import in Ukraine, export from Ukraine or transit
through its territory of drugs, psychotropic substances, and precursors.

      Controlled supply may also be used in respect of illegal transportation or forwarding of drugs,
psychotropic substances and precursors within the limits of the territory of Ukraine.

       The manner in which a controlled supply should be made shall be prescribed in the Customs
Code of Ukraine and regulations of the State Customs Committee of Ukraine, Ministry of Interior of
Ukraine, Security Service of Ukraine, and State Committee for State Border Protection of Ukraine as
agreed with the Prosecutor-General’s Office of Ukraine and the Ministry of Justice of Ukraine.

                                 Article 5.      Operational Purchase

        To obtain evidence of criminal activities related to illegal trafficking in drugs, psychotropic
substances, and precursors, members of agencies (units) entitled to conduct operational-search
activities, upon decision of the chief of the agency concerned as agreed with the prosecutor, shall be
permitted to carry out operations to purchase drugs, psychotropic substances, or precursors i.e. to
make an operational purchase.

        The manner in which an operational purchase should be made shall be prescribed in a
regulation of the Ministry of Interior of Ukraine, Security Service of Ukraine as agreed with the
Prosecutor-General’s Office of Ukraine and the Ministry of Justice of Ukraine.

                                        Article 6.     Forfeiture

      Drugs, psychotropic substances, and precursors being in illegal trafficking, as well as
equipment used to the illegal manufacture thereof shall be subject to forfeiture as prescribed by law.

       Drugs, psychotropic substances, and precursors whose utilization in legal trafficking have
been found inappropriate, as well as equipment used to the manufacture thereof shall be subject to
destruction in accordance with procedure established in a regulation of the Ministry of Interior of
Ukraine, Security Service of Ukraine, Prosecutor-General’s Office of Ukraine, Ministry of Health of
Ukraine, Ministry of Justice of Ukraine, and the Supreme Court of Ukraine.

       After judicial trial of cases related to illegal trafficking in drugs, psychotropic substances, and
precursors, 50 per cent of the value of forfeited property and means which the court has found as
purchased in the course of these criminal activities shall be transferred to agencies which conducted
inquiry and pre-trial investigation, such transfer being done as prescribed by the Cabinet of Ministers
of Ukraine.

   Article 7.        Requests by Law Enforcement Authorities about Location of Proceeds from
                Illegal Trafficking in Drugs, Psychotropic Substances, and Precursors

        Upon written request by public authorities (units) entitled to conduct operational-search
activities, banks, as well as credit, customs, financial, and other institutions, enterprises, organizations
(whatever their ownership is) shall be required, within three days, to send information and documents
on transactions, accounts, deposits, domestic and foreign economic operations of legal persons and
                                                                                                       4

citizens in whose respect are available operational and other materials evidencing their implication in
illegal trafficking in drugs, psychotropic substances, or precursors.

        Institutions, enterprises, and organizations referred to in the first paragraph of the present
Article, within 20 days, shall be required to inform appropriate law enforcement authorities on
citizens whose lump sum deposits and transfers exceed one thousand minimum wages. Failure to
comply with these requirements, by officials of the said institutions, enterprises, and organizations
entails responsibility under the applicable legislation.

    Article 8.      Inspection of Transportation Facilities, Shipments, and Personal Effects of
                                              Citizens

       Inspection of a transportation facility, shipment therein, personal effects of the driver and
passengers may be carried out by officials of the Ministry of Interior and Security Service of Ukraine
agencies based on applications, reports about offences related to illegal trafficking in drugs,
psychotropic substances, or precursors, or based on available reliable information of competent
authorities.

        In case of detecting substances which arouse suspicion of being related to drugs, psychotropic
substances, or precursors and which need further study and in case the driver or passengers show
signs of narcotic intoxication, the transportation facility and individual concerned may be brought in
interior agencies for clearing up necessary circumstances.

        In case of ungrounded inspection of a transportation facility, shipment therein, the driver and
passengers, as well as ungrounded bringing the said individuals and the transportation facility in
interior agencies, such individuals shall have the right to the full compensation of material and moral
damage inflicted to them, in accordance with applicable legislation.

   Article 9.      Using Public Places for Taking or Selling Drugs or Psychotropic Substances

        In case of ascertaining facts of the regular taking or selling of drugs or psychotropic
substances in public places (restaurants, cafes, bars, casinos, video- and disco clubs, etc.) and failure
on the part of managers of these institutions to take counteracting measures, operation of such places
may be temporary discontinued for the period of up to three months, upon decision taken by public
authorities following to a submission made by appropriate law enforcement authorities and, if a new
fact of the use of such places for the same purpose is ascertained during one year, their operation may
be discontinued for the period of up to six months.

        If after such measures have been taken, the said places continue to be used for taking or
selling drugs or psychotropic substances, they shall be closed in accordance with applicable
legislation.

    Article 10.      Measures to Counteract Illicit Cultivation of Plants Containing Narcotics

       Measures to counteract illicit cultivation of plants containing narcotics shall be implemented
in accordance with applicable legislation.

Article 11.      Administrative Supervision of Individuals Released from Places of Deprivation of
                                              Liberty
                                                                                                        5

       Individuals sentenced to deprivation of liberty for one of crimes related to illegal trafficking in
drugs, psychotropic substances, and precursors shall be subject to administrative supervision as
prescribed by law.

                             Section III
  MEASURES TO COUNTERACT ILLEGALLY TAKING DRUGS OR PSYCHOTROPIC
                           SUBSTANCES

   Article 12.    Detecting Individuals who Illegally Take Drugs or Psychotropic Substances


       An individual in whose respect agencies of the Ministry of Health of Ukraine or of the
Ministry of Interior of Ukraine has received information from institutions, enterprises, organizations,
mass media, or citizens that he/she illegally takes drugs or psychotropic substances, or he/she find
himself/herself in the state of narcotic intoxication shall be subject to medical examination.

        The fact of illegally taking drugs or psychotropic substances shall be established based on
witnesses’ testimonies, availability of signs of narcotic intoxication, results of medical examination,
as well as based on tests for the presence of a drug or psychotropic substance in human organism.

       Ascertaining the state of narcotic intoxication as a result of illegally taking drugs or
psychotropic substances shall be competence only of a doctor in charge of medical examination (trial)
while diagnosis “drug addiction” shall be made by medical – consultative commission.

       The manner in which individuals illegally taking drugs or psychotropic substances are
detected and registered shall be prescribed in a regulation of the Ministry of Health of Ukraine,
Ministry of Interior of Ukraine, Prosecutor-General’s Office of Ukraine, and the Ministry of Justice
of Ukraine.

    Article 13.     Medical Examination and Medical Trial of Individuals Abusing Drugs or
                                   Psychotropic Substances

        Medical examination shall be conducted upon decision of members of the Ministry of Interior
of Ukraine agencies while medical trial – upon decision of the narcologist. An individual avoiding
medical examination or medical trial is subject to be brought in the narcological facility by the
interior agency concerned.

       The manner in which a medical examination and medical trial are conducted shall be
prescribed in a regulation of the Ministry of Health of Ukraine, Ministry of Interior of Ukraine,
Prosecutor-General’s Office of Ukraine, the Ministry of Justice of Ukraine, and the Supreme Court of
Ukraine.

       Avoiding medical examination or medical trial shall entail responsibility in accordance with
applicable legislation.

            Article 14.    Voluntary Treatment of Individuals Sick of Drug Addiction

       Whenever, as a result of a medical examination or a medical trial, it has been established that
an individual, who abuses drugs or psychotropic substances and in whose respect the diagnosis “drug
addiction” has been made, needs a treatment, including in-patient or out-patient one, the narcologist
                                                                                                     6

shall be required to invite such individual to undergo a course of voluntary treatment and to issue
him/her a referral to a narcological facility for such treatment.

       Urgent care to eliminate drugs or psychotropic substances addiction of an individual shall be
made in in-patient regime in a medical institution specialized therein.

        In case when the said care turns not to be necessary or if drugs or psychotropic substances
addiction has been eliminated, such individual may be placed under the supervision of a narcological
facility for out-patient treatment.

         Treatment of the drugs or psychotropic substances addiction shall be conducted in a medical
institution whatever its ownership, should the authorization of the Ministry of Health of Ukraine for
such type of activity be available. Supervision of the treatment of such individual is entrusted to
institutions as defined by the Ministry of Health of Ukraine.

       An individual who, on his own initiative, applied to a narcological facility for treatment shall
be ensured, on his/her request, confidentiality of the treatment. Information on such treatment may be
disclosed only to law enforcement authorities if such individual has been brought to a criminal or
administrative responsibility.

       For the time of voluntary treatment, a sick list shall be issued to the treated individual and,
upon completion of the treatment, on his/her request, - a certificate with indication of the treatment
purpose.

   Article 15.    Reimbursement of Expenses Incurred as a Result of Medical Examination,
                               Medical Trial, or Treatment

       Expensed related to medical examination, medical trial, or treatment of those abusing drugs
and sick of drug addiction in State-owned institutions shall be covered for the account of the State
and, in case of the need in additional medical services, - for the account of the individual who
undergoes medical trial, medical examination, or treatment.

             Article 16.    Forced Treatment of Individuals Sick of Drug Addiction

        An individual found sick of drug addiction who avoids voluntary treatment or continues, after
the treatment, taking drugs without prescription and whose respect, because of his/her dangerous
conduct, interior agencies or prosecutor office have been approached by his/her close relatives or
other persons, upon judicial decision, may be referred to the treatment of drug addiction in
specialized medical institutions of the health agencies, while minors having attained 16 years of age –
in specialized medical-educative institutions for the period of up to one year. Specialized medical and
medical-educative institutions for minors shall be defined by the Ministry of Health of Ukraine. The
manner in which such sick individuals are treated and specialized institutions operate is prescribed by
the Cabinet of Ministers of Ukraine.

       Are not subject to the referral to forced treatment individuals suffering from serious psychotic
disorders or any other grave disease which make it possible staying in such institutions, as well as
disabled persons of the 1st and 2nd groups, pregnant women and lactating mothers, and males over 60
years of age and females over 55 years of age. Such individuals are treated as prescribed by the
Ministry of Health of Ukraine.
                                                                                                        7

       Preparation of materials related to the referral of those sick of drug addiction to the forced
treatment and submission of these materials to court shall be made by interior agencies as prescribed
in a regulation of the Ministry of Interior of Ukraine, Ministry of Health of Ukraine, Prosecutor-
General’s Office of Ukraine, Ministry of Justice of Ukraine, and the Supreme Court of Ukraine.

       Individuals in whose respect a request for referral to the forced treatment has been made, in
case they avoid appearing before the court, shall be brought therein by the interior agency concerned.

 Article 17.     Judicial Consideration of Materials related to Referral to Forced Treatment of
                                         Drug Addiction

        Materials related to the referral of individuals sick of drug addiction to forced treatment shall
be considered by district (city) court in the place of residence of the individual concerned or in place
of location of the agency which submitted such materials.

        Materials related to the referral to forced treatment of drug addiction shall be considered by a
single judge within 20 days after the day they have been received by court, in an open session and in
the presence of the individual in whose respect such request has been made, of his/her legal
representative, and, upon their request, - a defense counsel.

       The judge informs the prosecutor on the time when materials will be considered; failure of the
prosecutor to appear in the court does not impede consideration of materials.

       The court in session shall verify how well is grounded medical opinion on the necessity to
send an individual to the forced treatment of drug addiction and other factual information which
proves or denies the need in such treatment.

       As appropriate, the court may invite the member (members) of the medical commission who
conducted medical trial of the individual sick of drug addiction and who drew up medical opinion on
the need in referring the individual concerned to forced treatment; persons who have made such
request may also be invited.

        After the judge has studied materials, invited persons produced their explanations, and the
prosecutor and the defense counsel have been heard (in case of their presence,) the judge, in the
retiring room, makes a motivated decision on referral of the individual concerned to the forced
treatment of drug addiction or on denial in such treatment, this decision being subject to appeal or to
prosecutor’s appeal in accordance with established procedure.
        Interior agencies shall enforce judicial decision on referral to the forced treatment of drug
addiction.

           Article 18.    Release from Forced Treatment of Drug Addiction on Parole

         Upon decision of the district (city) court in the place where the specialized medical institution
is located, an individual undergoing the forced treatment, based on the recommendation of the
specialized medical institution and medical opinion, may be released therefrom on parole or signed
out from such medical institution in case of his/her serious disease which make his/her staying in this
institution impossible or when there is no longer need in treating drug addiction.

       Article 19.    Prorogation of the Duration of Forced Treatment of Drug Addiction
                                                                                                     8

         Whenever an individual staying in specialized medical institution regularly disregards regime
and the course of treatment of drug addiction, as a result of which measures of medical influence
have not yielded positive results, upon submission of the institution’s administration as agreed with
the prosecutor and based on medical opinion, the district (city) court in the place where the
specialized medical institution is located may prorogate the period of such individual’s staying in the
institution. In so doing, the total duration of forced treatment may not exceed twelve months.

        The court shall consider the said submission within ten days at the latest after it has been
received by the court, this consideration being conducted in the presence of the individual in whose
respect a request for prorogating his/her staying in the institution has been lodged and, upon his/her
will, in the presence of a defense counsel.

       Judicial decision on prorogation or denial in prorogation of the duration of forced treatment in
the specialized medical institution may be subject to appeal or to prosecutor’s appeal in accordance
with established procedure.

       An individual who has fled the specialized medical institution and, similarly, on the way to
such institution, shall be brought to responsibility in accordance with applicable legislation.

               Article 20.   Securing Housing of Individuals Sick of Drug Addiction

        Individual undergoing treatment in specialized medical institutions shall reserve the right to
housing in the place of their permanent residence throughout the whole period of their staying
therein.

 Article 21.     Restrictions on the Rights of Individuals Sick of Drug Addiction during Forced
                                             Treatment

        Court’s decision on referral of an individual sick of drug addiction to the forced treatment
shall be the ground for dismissing him/her from the job or discontinuing studies as prescribed by law.


                                                                                        L. KUCHMA
                                                                                  President of Ukraine
Kiev, 15 February 1995
# 62/95-BP

								
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