Comments on article 341. Submission of an application for referral to compulsory treatment in a narcological organization of a patient with alcoholism, drug addiction or substance abuse of the Civil Procedure Code of the Republic of Kazakhstan
1. An application for referral to a drug treatment organization for a patient with alcoholism, drug addiction or substance abuse without his consent is submitted by a representative of a state health organization on the initiative of the patient's relatives, labor collectives, public organizations, internal affairs bodies, the prosecutor's office, the body performing the functions of guardianship or guardianship at the patient's place of residence. If the issue of compulsory treatment in a drug treatment organization for a patient with alcoholism, drug addiction or substance abuse who does not have a permanent place of residence is resolved, the application is submitted by the internal affairs bodies at the patient's location at the time of filing such an application.
2. A reasoned medical report on the recognition of a person with alcoholism, drug addiction or substance abuse and the need to apply compulsory treatment measures to him/her shall be attached to the application, which must specify the grounds provided by law for referral to a drug treatment organization for a patient with alcoholism, drug addiction or substance abuse.
1. Alcoholism, drug addiction and substance abuse are diseases that harm the health of citizens, the gene pool of the country and contribute to the growth of crime. In this regard, the State provides a system of measures for the prevention and treatment of alcoholism, drug addiction and substance abuse.As a general rule, medical and social rehabilitation of persons with alcoholism, drug addiction and substance abuse is carried out voluntarily when they seek medical help from medical organizations providing drug treatment, and, at the request of the patient, can be carried out anonymously (paragraph 1 of Article 131 of the Code "On Public Health and the Healthcare System"). A drug addict or his legal representative has the right to refuse the proposed medical and social rehabilitation at any stage. A person who has refused medical and social rehabilitation, or his legal representative, should be informed of the possible consequences of refusing medical and social rehabilitation. Refusal of medical and social rehabilitation, indicating information about possible consequences, is made out by an entry in the medical documentation signed by a person with drug addiction or his legal representative and a psychiatrist-narcologist. It is not allowed to restrict the rights and freedoms of persons with drug addiction solely on the basis of a diagnosis of drug addiction or the fact that they are under dynamic supervision in a drug treatment organization, except in cases provided for by law (subitems 2), 3), 4) of Article 133 of the Code "On Public Health and the Healthcare System").
At the same time, for a certain category of people with alcoholism, drug addiction and substance abuse who evade voluntary treatment, measures may be applied for compulsory inpatient treatment in drug treatment organizations for compulsory treatment. In accordance with paragraph 2 of Article 130 of the Code "On the Health of the People and the Healthcare System", compulsory medical measures are applied by court decision to persons who have committed criminal offenses, are recognized as needing treatment for alcoholism or drug addiction or substance abuse, as well as persons who have committed an administrative offense and are recognized as suffering from chronic alcoholism or drug addiction or substance abuse and those who shy away from voluntary treatment. This definition of persons falling under the category of cases under this chapter has been applied since January 1, 2015.Consequently, if previously any citizens who were recognized as having chronic alcoholism or drug addiction or substance abuse in accordance with the established procedure and evaded voluntary treatment were eligible for such a category of persons against whom compulsory medical measures could be applied, then from the above date this chapter applies only to persons who have committed criminal offenses., recognized as needing treatment for alcoholism or drug addiction or substance abuse, as well as persons who have committed an administrative offense and are recognized as suffering from chronic alcoholism or drug addiction or substance abuse and evading voluntary treatment.The article in question defines the circle of persons who have the right to submit such an application, depending on whether the patient has a place of residence or not. If there is one, the application is submitted by the state healthcare organization at the initiative of the patient's relatives, labor collectives, public organizations, internal affairs bodies, the prosecutor's office, the body performing guardianship or guardianship functions at the patient's place of residence. If a patient with alcoholism, drug addiction or substance abuse does not have a permanent place of residence, the application is submitted by the internal affairs bodies at the patient's location at the time of submitting such an application.
2. Recognition of a person as suffering from alcoholism, drug addiction and substance abuse is carried out by state healthcare organizations after an appropriate medical examination in accordance with the procedure established by the authorized body. The rules for recognizing a person as suffering from alcoholism, drug addiction and substance abuse were approved by the Order of the Minister of Health of the Republic of Kazakhstan dated December 1, 2009 No. 808. According to the main provisions of this order, the basis for recognizing a person as suffering from alcoholism, drug addiction and substance abuse is the fact that a clinical diagnosis has been established in relation to this person: mental and behavioral disorders (dependence syndrome) due to the use of psychoactive substances (hereinafter referred to as a drug diagnosis) according to the criteria of the current International Classification of Diseases of the 10th revision (hereinafter referred to as - ICD-10).A medical examination includes an examination of the patient, a conversation with him, and a medical examination necessary to establish a drug diagnosis. Medical examination is carried out by doctors of state medical organizations.The establishment of a drug diagnosis and recognition of a person with alcoholism, drug addiction and substance abuse is the responsibility of a doctor who has the appropriate certificate.
If it is difficult for a doctor to establish a drug diagnosis alone, the establishment of a drug diagnosis and recognition of a person with alcoholism, drug addiction and substance abuse is accepted by the medical commission. Forensic narcological experts, when conducting a forensic narcological examination, establish a narcological diagnosis and recognize a person as suffering from alcoholism, drug addiction and substance abuse. When establishing a drug diagnosis, the doctor is independent in his decisions and is guided solely by the ICD standards.-
10. The conclusion of doctors of other specialties who are not narcologists is not a sufficient basis for recognizing a person as suffering from alcoholism, drug addiction and substance abuse. The narcological diagnosis is established in relation to the following category of persons:
1) referred or applying independently for a drug treatment examination;
2) those who apply to narcological medical organizations in connection with the need for appropriate treatment;
3) aimed at passing a forensic narcological, military medical examination;
4) minors, in connection with the appeal of parents or other legal representatives;
5) other persons in respect of whom there are medical or legal grounds for conducting a narcological examination. If a person does not agree with the recognition of his/her alcoholism, drug addiction and substance abuse, such a decision may be appealed to a higher health management body and/or to a court. An application for referral to a drug treatment organization for a patient with alcoholism, drug addiction or substance abuse must contain:- the name of the court to which the application is submitted;- the name of the narcological organization, its location;- Full name. a citizen with alcoholism, drug addiction and substance abuse, the address of his place of residence;- information about the commission of criminal offenses by this person and recognized as needing treatment for alcoholism or drug addiction or substance abuse, or the commission of an administrative offense and recognized as a patient with chronic alcoholism or drug addiction or substance abuse;- evidence of avoidance of voluntary treatment;- the circumstances on which the applicant bases his claims, and the evidence supporting these circumstances;- a reasoned medical report on the recognition of a person with alcoholism, drug addiction or substance abuse and the need to apply compulsory treatment measures to him; - a list of documents attached to the application. The law "On compulsory treatment of patients with alcoholism, drug addiction and substance abuse" indicates the range of persons for whom referral to drug treatment organizations for compulsory treatment is not applied. Such persons include: minors, pregnant women, women with children under the age of 8, who are not deprived of parental rights in accordance with the established procedure, persons with disabilities of groups 1 and 2, as well as persons with medical contraindications, the list of which is approved by the Government of the Republic of Kazakhstan. This "List of medical contraindications available to patients with alcoholism, drug addiction and substance abuse, for which referral to drug treatment organizations for compulsory treatment is not applied" was approved by Decree of the Government of the Republic of Kazakhstan dated June 28, 2011 No. 725. Thus, the applicant must attach to the application a document confirming the absence of a medical contraindication to compulsory treatment.
LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN
Astana, 2016
UDC 347 (574)
By 63
ISBN 978-601-236-042-4
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