LAW
On drugs, psychotropic substances arid precursors
Adopted by the Legislative Assembly
Jogorku Kenesh of the Kyrgyz Republic
as of April 24. 1998
Considering international obligations of the Kyrgyz Republic, the present Law regulates public relations in the sphere of turnover of drugs, psychotropic substances and precursors, it establishes the responsibility and system of measures forwarded against their illegal turnover and abuse. It determines the rights and obligations of legal entities and citizens in connection with the use of the present law.
CHAPTER l.
GENERA1 PROVISIONS
Article 1. Major definitions used in the Law
For the purposes of the present law the following terms are used:
Legal turnover of drugs, psychotropic substances and precursors - the activity of authorized state bodies, enterprises and organizations of all forms of property on cultivation, production, manufacture, processing, storing, transportation, carriage, sale, distribution, purchase use, import, and export of drugs, psychotropic substances and precursors on the customs territory of the Kyrgyz Republic;
Illegal turnover of drags, psychotropic substances und precursors – activities on turnover of drugs, psychotropic substances and precursors violating the legislation of the Kyrgyz Republic;
International quota on drugs and psychotropic substance - the limit of drugs, psychotropic substances and precursor annually approved by the International committee on control over drugs of UN for countries-participants of the Unified Convention on drugs of 1961 and the Convention on psychotropic substances of 197 l based on the calculation of the need in them provided by governments of those countries;
The state quota – a maximum quantity of drugs, psychotropic substances and precursors determined by the Government of the Kyrgyz Republic according to international agreements. and the need of the Kyrgyz Republic in drugs and psychotropic substances calculated as necessary for their legal turnover;
Drags - substances of a synthetic or natural origin, their medicines, and plants classified as such in corresponding international conventions, and other substances and plants by virtue of their effect or abuse included in National lists of drugs, psychotropic substances and precursors subject to control in the Kyrgyz Republic;
psychotropic substances - substances of a synthetic or natural origin, their medicines, and plants classified as such in corresponding international conventions, and other substances and plants by virtue of their effect or abuse included in the National lists of drugs, psychotropic substances and precursors subject to control in the Kyrgyz Republic;
precursors - substances and their salts classified in international conventions as chemical materials used for preparation of drugs and psychotropic substances, and chemical substances and their salts used for the same purpose and subject to control in the Kyrgyz Republic;
cultivation - sowing and growing of opium, oil poppy and hemp, other drug containing plots stipulated by international conventions of UN;
manufacture of drugs nr psychotropic substances – processes on manufacture of suitable for use drugs, psychotropic substances, or medicines containing them from drug agents, psychotropic substances or their precursors;
production of drugs and psychotropic substances - processes on serial manufacture of drugs and psychotropic substances from chemicals and/or plants;
processing of drags and psychotropic substances - processes on refinement (rectification from extraneous admixtures), on increase of concentration of drugs or psychotropic substances in an agent, and on manufacture of substances containing no drugs or psychotropic substances on their basis;
distribution of’ drags and psychotropic substances - activities on provision of concrete legal entities with concentrate drugs or psychotropic substances necessary for turnover of drugs and psychotropic substances in an amount determined for them by the Government of the Kyrgyz Republic;
import and export - transportation of drugs, psychotropic substances and precursors out of the boundary of the Kyrgyz Republic or their transportation to the Kyrgyz Republic from another state;
transportation - displacement of drugs, psychotropic substances and precursors from one place to another place within the boundaries of the Kyrgyz Republic,
tables of classification of drugs, psychotropic substances and precursors - their lists respectively enumerated, approved by the State commission under the Government of the Kyrgyz Republic on control of drugs (hereinafter - the State commission) on the basis of international conventions. Any changes or amendments to these tables are made at the decision of the State commission and published in the official publication;
extremely dangerous drugs, psychotropic substances – gents and medicines extremely dangerous for human health and put to the lists PI and P2 of the table I by international conventions of UN and also by the decision of the State commission;
agent - mixture in solid or liquid state containing one or few drug means or psychotropic substances with the respect to which measures of control are established;
analogues of drugs and psychotropic substances - substances of synthetic or natural origin prohibited for turnover in the Kyrgyz Republic, and not included in the lists of drugs, psychotropic substances and precursors subject to control in the Kyrgyz Republic, but chemical structure and characteristics of which are similar with chemical structure and characteristics of drugs and psychotropic substances psychoactive effects of which they reproduce;
drug addiction - harmful psychic state caused by the chronic intoxication as a result of abuse of drugs which belong to such conventions of UN or the State commission and which are characterized by a psychic or physical dependence on them;
sick with drug addiction (a drag addict) – a person to who the diagnosis ”drug addict” was established by a medical established on an established order.
illegal use of drugs, psychotropic substances - use of drugs and psychotropic substances without a doctor’s prescription;
medical testing - ambulatory testing of a person with the purpose of determination of the state ofdiflg intoxication;
medical examination - inspection of a person in stationary conditions with the purpose of determination of the diagnosis ”drug addiction”.
narcological institutions - institutions (departments or cabinets), which render narcological assistance in the order established by the law;
voluntary treatment - treatment on for drug addiction performed with the agreement of a patient or his legal representative;
compulsory treatment - treatment on the basis of a court decision of a patient avoiding a voluntary treatment or continuing the use of drugs without a doctor’s prescription and breaking rights of other people
unavoidance from medical examination, medical inspection or treatment – deliberate non-fulfillment of orders of an internal affairs employee in terms of medical examination as well as non-fulfillment of directives and recommendations of a doctor by a person abusing drugs and psychotropic substances.
Article 2. List of Drugs, Psychotropic Substances and Precursors Subject to control in the Kyrgyz Republic
Drugs, psychotropic substances and their precursors controlled in the Kyrgyz Republic shall be included in the List of Drugs Psychotropic Substances and Precursors Subject to Control in the Kyrgyz Republic (hereinafter referred to as the List), and depending on measures of control used by the state shall be included in the following lists:
- List of Drugs # IV and List of Psychotropic Substances # I prohibited for use on people, and not included in prescription guide books of medicines, and in the State Pharmacopoeia of the Kyrgyz Republic, turnover of which in the Kyrgyz Republic is prohibited according to the legislation of the Kyrgyz Republic and international agreements of the Kyrgyz Republic;
- Lists of Drugs # I, II, III and Lists of Psychotropic Substances # Il, III, and IV turnover of which in the Kyrgyz Republic is limited and controlled as provided for by the legislation of the Kyrgyz Republic and by international agreements of the Kyrgyz Republic;
- Lists of Precursors # 1, 2 including chemicals and their salts processing of which result in synthetic drugs or psychotropic substances; and solvents, oxidizers and other chemicals of industrial and every day use used for manufacture of drugs and psychotropic substances registered in international conventions as precursors, and included in corresponding lists by the State Commission. Medicines shall be controlled as provided for in concern of drugs and psychotropic substances contained in them. Turnover of analogues of drugs and psychotropic substances is prohibited in the Kyrgyz Republic.
Article 3. Legislation on drugs, psychotropic substances and precursors
The legislation on drugs, psychotropic substances and precursors and measures of counteraction to their illegal turnover and abuse of them consists of the present Law and normative legal acts of the Kyrgyz Republic not contradicting to the Law.
Article 4. State policy on Legal Turnover of Drugs, Psychotropic Substances, and Precursors and on Counteraction to their Illegal Turnover
The state policy on legal turnover of drugs, psychotropic substances, and precursors, and on counteraction to their illegal turnover is directed to establish a strict control over the legal turnover of drugs, psychotropic substances, and precursors and to work out measures on counteraction to their illegal turnover in the Kyrgyz Republic.
SECTION II
STATE CONTROL OF THE LEGAL TURNOVER OF DRUGS, PSYCHOTROPIC SUBSTANCES AND PRECURSORS
Article 5. State Control of the Legal Turnover of Drugs,
Psychotropic Substances and Precursors
The state control over production, manufacture, cultivation, processing, storing, transportation, prescription, purchase, use, sale, distribution, import, export, and destruction of drugs, psychotropic substances and precursors shall be carried out by the State Drug Control Commission under the Government of the Kyrgyz Republic, agencies of the Ministry of Internal Affairs of the Kyrgyz Republic, the Ministry of National Security of the Kyrgyz Republic, the General Procuracy of the Kyrgyz Republic, and the State Customs Committee of the Kyrgyz Republic according to their obligations and authority.
Article 6. Authorities of the State Drug Control Commission under the Government of the Kyrgyz Republic on Legal Turnover of Drugs, Psychotropic Substances and Precursors and on their Illegal Turnover Counteraction
The State Drug Control Commission shall have the following authority on control of legal turnover of drugs, psychotropic substances and precursors, and on counteraction to their illegal turnover:
- draft proposals on amendments to laws, normative and other legal acts regulating legal turnover of drugs, psychotropic substances and precursors, and counteraction to their illegal turnover;
- make, approve, amend, and announce the National Lists of Drugs, Psychotropic Substances and Precursors;
- form a state system on regulation of legal turnover of drugs, psychotropic substances and precursors and on counteraction to their illegal turnover;
– coordinate activities of concerned ministries and bodies on issues pertained to legal turnover of drugs, psychotropic substances and precursors, counteraction to their abuse and illegal turnover”;
- license activities dealing with legal turnover of drugs, psychotropic substances and precursors;
- conduct international agreements on control of drugs, psychotropic substances and precursors, and on counteraction to their illegal turnover.
Article 7. Reporting on Turnover of Drugs, Psychotropic Substances and Precursors
Legal entities carrying out activities on turnover of drugs, psychotropic substances and precursors shall report to the State Commission and authorized bodies of the Government of the Kyrgyz Republic in the procedure established by the State Commission.
Article 8. Inventory and balances
Legal entities carrying out activities on turnover of drugs, psychotropic substances and precursors must conduct a quarterly inventory of drugs, psychotropic substances and precursors available at their disposal.
Information on divergence of balances, or on disparity of balance and an inventory held shall be submitted to bodies authorized by the Government of the Kyrgyz Republic.
Article 9. Prohibition of Advertisement of Drugs, Psychotropic Substances, their Analogues and Precursors
It is prohibited to advertise drugs, psychotropic substances, their analogues and precursors in mass media
SECTION III
LICENSING OF ACTIVITIES ON LEGAL TURNOVER OF DRUGS, PSYCHOTROPIC SUBSTANCES AND PRECURSORS
Article 10. Licensing of activities on
Licensing of activities on legal turnover of drugs, psychotropic substances and precursors shall be carried out as provided for by the Law of the Kyrgyz Republic ” On Licensing”.
Article 11. Main requirements to licensing of activities on legal turnover of drugs, psychotropic substances and precursors
Licenses to activities on legal turnover of drugs, psychotropic substances and precursors shall be issued according to a procedure established by the Government of the Kyrgyz Republic.
Article 12. Basis for refusal to issue a license
The bases for refusal to issue a license are as follows:
- non-provision of data necessary for receiving a license by a legal person, or provision of false data;
- absence of conditions on safety of activities, and on recording and safety of drugs, psychotropic substances and precursors;
- availability of persons registered in a medical institution as to drug addiction in the management of a legal entity;
- availability of persons with non-canceled or non-served conviction for a deliberate crime or for a drug-connected crime, or persons prosecuted for committing a crime ( before their guilt is proved as provided for by the law) in the management of a legal entity;
Refusal to issue the license can be appealed in court in the procedure provided for by the law of the Kyrgyz Republic.
Article 13. Suspension, annulment or extension of license validity terms
Terms of the license validity can be extended for three years on application of a license possessor. An application on extension of the term of the license validity shall be submitted to a body issuing a license two months before the expiration data State body issuing a license has the right to annul or suspend the validity of the license before the expire date in the following cases:
- hindering officials to control enforcement of the provisions of the Law;
- providing false data by a legal entity to get a license;
- non-fulfillment of obligations undertaken by a legal person in connection with the allowed type of activity;
- disclosure of violations in carrying out the licensed activity;
- termination of activity of a legal entity-possessor of the license. Validity of the license can be suspended for the period of one to six months if a disclosed violation can be eliminated by a possessor of the license during this period. On elimination of these violations the validity of the license shall be renewed without taken into account the time of suspension of the license validity.
Refusal to extend the license validity terms, annulment or suspension of the licence’s validity and violation of terms on consideration of a license issuing application may be appealed in court as provided for by the legislation of the Kyrgyz Republic.
SECTION IV
CONDITIONS OF CARRYING OUT PARTICULAR TYPES OF ACTIVITY ON DRUGS AND PSYCHO TROPIC SUBSTANCES TURNOVER
Article 14. State quotas on production, storing, import and export of drugs and psychotropic substances and precursors
State quotas on production, storing, import, and export of drugs, psychotropic substances and precursors by legal entities-possessors of licenses shall be established by the Government on submission of the State commission.
Article 15. Production of drugs, psychotropic substances and precursors
Production of registered drugs, psychotropic substances and precursors shall be made within the limits of established quotas at enterprises, in case they possess a license on production of specific drugs, psychotropic substances and precursors, Production, use, and purchase of equipment for production of drugs, psychotropic substances and precursors shall be carried out according to the procedure established by the Government of the Kyrgyz Republic. Enterprises producing drugs, psychotropic substances and precursors shall be liable to the compulsory registration in the Kyrgyz Republic as provided for by the Government of the Kyrgyz Republic and in the UN International Drug Control Committee.
Article 16. Processing of drugs, psychotropic substances and precursors
Processing of drugs, psychotropic substances and precursors for the purpose of receiving preparations not included into the List of drugs, psychotropic substances and precursors shall made by legal entities possessing license on the corresponding type of activity.
Article 17. Transportation of drugs, psychotropic substances and precursors
Drugs, psychotropic substances and precursors may be transported on the territory of the Kyrgyz Republic by legal entities dealing with production, storing, distribution, trade. import, export, and use of drugs, psychotropic substances and precursors and having the license on this type of activity- Procedure on transportation of drugs, psychotropic substances and precursors, and registration of necessary documents shall be determined by the Government of the Kyrgyz Republic Documents on transportation of drugs, psychotropic substances and precursors shall be strictly recorded. It is allowed to keep and transport drugs, psychotropic substances purchased by persons for medical purposes as provided for by Articles 21 and 22 of the Law. It is prohibited to mail drugs and psychotropic substances.
Article 18. Mailing of drugs, psychotropic substances and precursors
Mailing of drugs and psychotropic substances, including the international mail, shall be strictly prohibited
Article 19. Import to the territory of the Kyrgyz Republic, and export from the territory of the Kyrgyz Republic of drugs, psychotropic substances and precursors
Import to the territory of the Kyrgyz Republic and export from the territory of the Kyrgyz Republic of drugs, psychotropic substances and precursors shall be carried out by legal entities possessing license on this type of activity.
It is necessary to receive an allowance add a certificate of the international standard issued according to the procedure established by the Government of the Kyrgyz Republic for each case of crossing a customs border for the purpose of import to the territory of the Kyrgyz Republic and export from the territory of the Kyrgyz Republic of drugs, psychotropic substances and precursors. An allowance may not be given to another legal entity regardless of availability of the license to the indicated type of activity on legal turnover of drugs, psychotropic substances and precursors.
An import certificate shall have a notice on whether there shall be made one or several supplies. An export certificate shall have a registration number and date of an import certificate allowing the import.
A certified copy of an allowance on export of drugs, psychotropic substances and precursors shall be attached to every party of cargo, and shall be forwarded to the government of the country of import. Import, export or transit of drugs, psychotropic substances and precursors shall be carried out through customs determined by the State customs Committee of the Kyrgyz Republic.
If an imported (exported) amount of drugs, psychotropic substances and precursors does not correspond with the amount allowed for import (export), this information shall be submitted to an authorized body of a state of export (import). Drugs, psychotropic substances and precursors imported to or exported from the territory of the Kyrgyz Republic without certificates on import (export) issued in the established procedure shall be subject to confiscation.
Article 20. Transit of drugs, psychotropic substances and precursors
Transit of drugs, psychotropic substances and precursors through the territory of the Kyrgyz Republic may be carried out only on availability of a certificate issued by the State Commission the copy of which shall be submitted by a state-exporter (importer) to the State Customs Committee of the Kyrgyz Republic.
A party of drugs, psychotropic substances and precursors transported by transit through the territory of the Kyrgyz Republic shall not be subject to unsealing and processing which can change the nature of a drug, psychotropic substance and precursor.
Any change in an itinerary mentioned in the transit certificate shall be prohibited on the territory of the Kyrgyz Republic without a corresponding allowance.
Article 21. Purchase of Drugs and Psychotropic substances by citizens
Citizens have the right to acquire narcotic and psychotropic medicines only with a doctor’s prescription.
Article 22. Registration of Prescriptions on Narcotic and Psychotropic medicines
Prescriptions on narcotic and psychotropic medicines shall be given by a doctor according to the rules established by the Government of the Kyrgyz Republic.
A prescription given in violation of the established regulations shall be considered invalid.
Article 23. Ruining of drugs, psychotropic substances and precursors
Drugs, psychotropic substances, precursors and other substances, instruments and equipment, further use of which is acknowledged as inexpedient shall be ruined in the procedure established by the Government of the Kyrgyz Republic. Ruining of drugs, psychotropic substances and precursors may be made by commissions in the following cases:
- terms of validity of a drug, psychotropic substance and precursor are expired;
- a drug, or psychotropic substance was exposed to chemical or physical treatment that made it unfit for further use, and excluded the possibility of its restoration or processing;
- a drug or psychotropic substance disclosed or confiscated in an illegal turnover presents no medical, scientific or another value and can not be processed.
Article 24. Use of drugs, psychotropic substances and precursors
Drugs, psychotropic substances and precursors may be used for their expertise in institutions of the Ministry of Internal Affairs of the Kyrgyz Republic” the Ministry of National Security of the Kyrgyz Republic, the Ministry of Justice of the Kyrgyz Republic, the State Customs Committee of the Kyrgyz Republic and in the State Commission, for controlled supplies and controlled purchases of drugs, psychotropic substances and precursors, and for training in specialized dog training centers.
Article 25. Prohibition to Cultivate Drug Containing Plants
Sowing and cultivation of opium poppy, hemp, cocaine and other drug containing plants included in the Lists of the State Commission shall bc prohibited on the territory of the Kyrgyz Republic.
Article 26. Precursors Turnover Procedure
Production, manufacture, distribution, wholesale trade, and import (export) of precursors shall be carried out in the procedure established for legal turnover of drugs and psychotropic substances.
Enterprises producing and selling precursors shall report on their turnover to the State Commission. These precursors shall be sold to enterprises-consumers if the latter possess the license. Retail trade enterprises shall not be not allowed to sell indicated precursors wholesale.
Article 27. Free Economic Zones of the Kyrgyz Republic
Free economic zones shall be subject to the same conditions and measures of state control on legal turnover of drugs, psychotropic substances and precursors provided for by the Law for the whole territory of the Kyrgyz Republic.
SECTION V
MEASURES ON COUNTERACTION TO ILLEGAL TURNOVER OF DRUGS, PSYCHOTROPIC SUBSTANCES AND PRECURSORS
Article 28. Bodies Involved in Counteraction to Illegal Turnover of Drugs, Psychotropic Substances and Precursors
Counteraction to illegal turnover of drugs. psychotropic substances and precursors shall be carried out by corresponding authorized bodies of the Ministry of Internal Affairs of the Kyrgyz Republic Ministry of National Security of the Kyrgyz Republic, General Procuracy of the Kyrgyz Republic, and the State Customs Committee of the Kyrgyz Republic.
In case of disclosure of violations on turnover of drugs, psychotropic substances and precursors, bodies authorized to control such turnover by the: Government of the Kyrgyz Republic shall apply appropriate measures on elimination of such violations, and if found indications of an administrative offense or a crime in actions of persons, these bodies must forward the information or provide materials to corresponding law-enforcement bodies authorized to fight against illegal turnover of drugs, psychotropic substances and precursors.
Article 29. Controlled Supplies
To disclose sources and channels of illegal turnover of drugs, psychotropic substances and precursors, state bodies dealing with operational-search activity may use the method of controlled supply, that is allow import to the Kyrgyz Republic, export from the Kyrgyz Republic or transit through its territory of drugs, psychotropic substances and precursors under control and operational supervision of such bodies in every separate case as agreed with corresponding bodies of foreign states or as provided for by international agreements of the Kyrgyz Republic. A controlled supply may also be used in terms of illegal transportation and carriage of drugs, psychotropic substances and precursors made within the boundaries of the Kyrgyz Republic.
Article 30. Controlled purchase
To receive the evidence of criminal activity pertinent to illegal turnover of drugs, psychotropic substances and precursors officers of bodies (divisions) authorized to carry out operational-search activity may make a controlled purchase.
Article 31. Confiscation
Drugs, psychotropic substances and precursors which are in illegal turnover, and equipment used for their illegal production shall be subject to confiscation as provided for by the law.
Drugs, psychotropic substances and precursors use of which in 1cgal turnover is found inexpedient, and equipment for their production shall be destroyed in procedure established by the Government of the Kyrgyz Republic.
When court proceedings on crimes connected with illegal turnover of drugs, psychotropic substances and precursors arc over, 30 per cent of the cost of confiscated property and money acquired during the period of this criminal activity, shall be given to bodies that disclosed the crimes made inquiry and preliminary investigation in the procedure established by the Government of the Kyrgyz Republic.
Article 32. Inquiries of law-enforcement bodies on Allocation of Money Received from illegal Turnover of Drugs, Psychotropic substances and Precursors
At a written request of state bodies (divisions) authorized to carry out operational-search activity, credit financial and other institutions, enterprises, organizations regardless of the form of property must give information and documents on transactions, accounts, deposits, internal and external business transactions of legal entities and individuals in terms of who operational and other materials testifying to their involvement in illegal turnover of drugs, psychotropic substances and precursors. The request must be satisfied within three days.
Article 33. Examination of Transport means, Cargoes and
Personal Things of Persons
Examination of transport means, cargo, personal things of a driver and passengers can be performed by officials of the bodies of the Ministry of Internal Affairs, the Ministry of National Security, the General Procuracy, and the State Customs Committee of the Kyrgyz Republic upon applications, or information on offenses connected with illegal turnover of drugs, psychotropic substances and precursors, or if authorized bodies obtain any other truthful information on this subject.
If there are found substances supposedly having drug and psychotropic phenomena, or causing suspicion as belonging to precursors and needing further examination, and if a driver and passengers of a transport mean have indications of drug intoxication the transport and the mentioned persons may be taken to authorized bodies to find out all the necessary information.
Article 34. Use of Public Facilities for Use and Sale of Drugs and
Psychotropic Substances
In case of regular illegal use or sale of drugs and psychotropic substances in public facilities (restaurants, cafes, bars, casinos, video centers, disco clubs, and etc.) and if the administration of these institutions does not undertake any measures of counteraction the activity of such facilities may be temporarily suspended on the decision of the state executive power bodies on submission of authorized law- enforcement bodies for the period of up to three months, and if the fact of their repeated use with the same purpose is disclosed during the year, such facilities may be closed for up to the six months period. If after these measures indicated facilities continue to be used for use or sale of drugs and psychotropic substances, their functioning shall be terminated according to the Law.
Article 35. Measures of Counteraction to Illegal cultivation of Drug Containing Plants and to Non-ruining of Their Wild Species
Land users of plots with wild drug containing plants must ruin such plants immediately as they are found, or in time fixed by a law-enforcement official failure to take measures on ruining of wild drug containing plants shall be liable to criminal prosecution as provided for by the legislation of the Kyrgyz Republic.
SECTlON VI
MEASURES OF COUNTERACT1ON TO ILLEGAL USE OF DRUGS AND PSYCHOTROPIC SUBSTANCES
Article 36. Disclosure of persons illegally using drugs and psychotropic substances
The fact of illegal use of drugs or psychotropic substances shall be established based on results of a medical examination, and tests on the content of a narcotic or psychotropic substance in a body of a person.
The authority to determine the state of drug intoxication resulted from illegal use of drugs or psychotropic substances shall belong only to a doctor authorized to conduct medical examination are the diagnosis Drug addiction” shall be made by a medical expert commission.
Procedure on disclosure and registration of persons illegally using drugs or psychotropic substances shall be established by a normative act of the Ministry of Public Health, the Ministry of Internal Affairs, the general Procuracy, and the Ministry of Justice of the Kyrgyz Republic.
Article 37. Medical Testing and Medical Examination of Persons Abusing Drugs and Psychotropic Substances
Medical testing shall be conducted as requested by officers of the Ministry of Internal Affairs and medical examination shall be conducted on the request of a doctor- narcologist. A person evading medical testing or medical examination shall be taken to a narcological clinic by a law-enforcement body.
Procedure on medical testing and medical examination shall be established by a normative act of the Ministry of Public Health, the Ministry of Internal Affairs, the General Procuracy, the Ministry of Justice, and the Supreme Court of the Kyrgyz Republic.
Article 3S. Voluntary Treatment of Drug Addicts
If medical testing or examination determines an abuse of drugs and psychotropic substances by a person, and makes the ”drug addiction” diagnosis requesting treatment of a person in stationary and ambulatory conditions, a doctor- narcologist must offer to such a person a voluntary treatment and course, and must give a prescription to a narcological clinic for such a treatment.
Urgent measures on treatment of a person’s dependence on drug substances or psychotropic substances shall be carried out as hospitalization to a specialized medical institution.
In case the indicated measures are not compulsory or the dependence on drugs or psychotropic substances .is eliminated, a person may be transferred to out- observation of a narcological institution. Treatment of dependence on drugs or psychotropic substances shall be performed in a medical institution regardless of its form of property, if allowed to conduct such type of activity by the Ministry of Public Health of the Kyrgyz republic.
If voluntarily applied to a neurological institution for treatment, a person shall be guaranteed anonymity at his request. Information on such a treatment may be submitted only to law-enforcement bodies in case of starting criminal or administrative prosecution of the person.
A patient shall be given a medical certificate for the period of treatment, and at the end of treatment, a medical certificate indicating a purpose of the treatment if requested so by a patient.
Article 39. Compensation of Expenses for Medical testing, Medical Examination and Treatment
Medical testing, medical examination and treatment of persons abusing drugs, and sick with drug addiction in state institutions shall be done at the state budget expenses, and if an additional treatment is necessary” it is done at the expense of a person undertaking medical testing, examination and treatment,
Article 40. Compulsory Treatment of Drug Addicts
A persons found sick with drug addiction, but evading voluntary treatment or continuing to use drugs without a doctor’s prescription after the treatment and due to whose dangerous behavior, close relatives applied to law-enforcement or Procuracy bodies may be sent to a specialized medical institution for treatment from drug addiction on decision of the court, and if a minor of sixteen years old, a person shall be send to specialized medical and educational institutions. Specialized medical and medical educational institutions for minors shall be determined by the Ministry of Public Health of the Kyrgyz Republic. Treatment procedure and functioning of specialized institutions shall be established by the Government of the Kyrgyz Republic.
People suffering of hard psychic disorders or any other heavy disease being an obstacle to stay in such institutions, disabled persons of the I and II groups, pregnant women and mothers of infants shall not be liable to compulsory treatment. Treatment of such persons shall be carried out according to the procedure established by the Ministry of Public Health of the Kyrgyz Republic.
Preparation of materials for sending persons sick with drug addiction for forced treatment and submission of these materials to the court shall be conducted by law-enforcement bodies in the procedure established by a normative act of the Ministry of Internal Affairs, Ministry of Public Health, General Procuracy, the Ministry of Justice, and the Supreme Court of the Kyrgyz Republic.
In case of failure to come at the court proceedings, persons petitioned for compulsory treatment shall be liable to forced taking into court by law-enforcement bodies.
Article 41. Court Consideration of Compulsory Treatment Cases
cases on compulsory treatment of persons sick with drug addiction shall be considered by a district (city) court on a. p1ace of living of a person or on location of a body filing a case.
cases on compulsory treatment of drug addiction shall be considered within 20 days from the date of filing the case with the court, by a judge personally at an open trial in presence of a petitioned person, his legal representative and a counsel for defense if requested so.
The judge shall notify a, prosecutor on the time of court hearing whose non- appearance shall not be an obstacle for consideration of materials.
A trial shall consider grounds for a. medical statement on compulsory treatment of a person, and other data, which prove or argue the necessity of use of such a treatment to a person.
If necessary, members (member) of a medical commission that made medical testing of a person and requested compulsory treatment of a person, and persons filing a petition may be invited to the court hearing.
After consideration of materials, explanation of invited persons, and hearing of a prosecutor’s and attorney’s opinions (in case of their participation), a judge formulates the motivated resolution on compulsory treatment of a person of drug addiction. or on refusal to such treatment. The decision of the court may be appealed by a person or by a prosecutor in the general procedure applied.
The court decision on compulsory treatment of drug addiction shall be carried out by law-enforcement bodies.
Article 42. Extension of Drug Addiction Compulsory treatment Period
If being in a specialized medical institution a person systematically violates the regime and course of treatment resulted in absence of positive results of the treatment, a district (city) court on the residence of the medica1 institution may extend terms of compulsory treatment of the person on submission of a medical institution administration as agreed with a prosecutor, and requested by a medical resolution. The overall period of compulsory treatment shall not exceed twelve months.
The indicated request of a medical institution shall be considered by the court not later than ten days since the date of its 6ling with the court in presence of a person petitioned to extend the terms of treatment. and his attorney if requested so.
A court decision on extension or refusal to extend compulsory treatment period may be appealed by both the petitioned person and a prosecutor in the general procedure.
A person escaped from a specialized medical institution, or on the way to it shall be liable as provided for by the existing legislation.
Article 43. Preserving Living Facilities for Persons Sick with Drug Addiction
Persons treated in specialized medical institutions for drug addiction shall have the right on living facilities of their permanent place of residence during the whole period of staying in such medical institutions.
Article 44. Preserving a Job for a Person Sick with Drug Addiction For
the Compulsory Treatment Period
A court decision on a compulsory treatment of a person sick with drug addiction shall be the grounds for his temporary discharge from work or study. After the course of treatment and complete recovery of a person, the latter shall be reinstated.
SECTION VII. CONCLUSIVE PROVISIONS
Article 45. Liability for Violation of the Law
Violation of provisions of the Law shall be subject to liability as provided for by the existing legislation of the Kyrgyz Republic.
Article 46. International Agreements of the Kyrgyz Republic
If regulations provided for by international agreements of the Kyrgyz Republic differ from those ’of the Law, and of other legislative acts of the Kyrgyz Republic on turnover of drugs, psychotropic substances and precursors, international agreement regulations sha11 be applied.
Article 47. On Enactment of the Law
The Law shall become effective on the date of publication.
The Government of the Kyrgyz Republic shall bring its normative and legal acts in correspondence with the Law within three months since the data of its enactment.
A. Akaev,
President of the Kyrgyz Republic
Bishkek City.
May 22, l 998