Sexually Transmitted Diseases - I. I. Mavrov 2005
Appendix
LAW OF UKRAINE
“On Prevention of Acquired Immunodeficiency Syndrome (AIDS) and Social Protection of the Population”
Acquired Immunodeficiency Syndrome (AIDS) is an especially dangerous infectious disease caused by the HUMAN IMMUNODEFICIENCY VIRUS (HIV) which, due to the current lack of specific prophylactic Methods and effective treatments, leads to death. The widespread dissemination of this disease globally and in Ukraine poses a threat to personal, public, and state security, resulting in severe socio-economic and demographic consequences, thereby necessitating special measures to protect the rights and legitimate interests of citizens and society.
Combating this disease is one of the priority tasks of the state in the field of public healthcare.
Section I General provisions
Article 1.
In this Law, the terms below are used in the following meanings:
HIV infection is a disease caused by the human immunodeficiency virus (HIV);
HIV-infected persons are individuals in whose bodies the human immunodeficiency virus has been detected. The category of HIV-infected persons includes both individuals without clinical manifestations of the disease (HIV carriers) and patients with AIDS;
AIDS (acquired human immunodeficiency syndrome) is the terminal stage of HIV infection;
AIDS patients are individuals with various pathological manifestations caused by severe damage to The Immune System by the human immunodeficiency virus.
Article 2.
State policy in the field of combating AIDS is implemented by organizing the execution of this Law and other regulatory and legal acts of Ukraine, as well as by developing, financially and materially securing the Structure/175.html">Implementation of relevant national, regional, and local programs that provide for a system of measures for preventing the spread of HIV infection, informing and educating the population, specialized training of medical personnel, conducting fundamental and applied scientific research, and developing international cooperation in this field.
Article 3.
If an international treaty of Ukraine, the consent to be bound by which has been granted by the Verkhovna Rada of Ukraine, establishes norms other than those contained in this Law, the norms of the international treaty shall apply.
Article 4.
The state guarantees:
- ensuring continuous epidemiological surveillance over the spread of HIV infection in the territory of Ukraine;
- accessibility, quality, and effectiveness of medical examinations for the detection of HIV infection (hereinafter referred to as medical examination), including anonymous examinations, with the provision of pre-test and post-test
counseling, as well as ensuring the safety of such a medical examination for the examined person and the personnel conducting it;
- regular and comprehensive information of the population, including through mass media, on the causes of infection, transmission routes of HIV infection, and preventive measures and means necessary to prevent infection with this disease and its spread;
- inclusion of Specialized Topics on AIDS prevention into the curricula of secondary, vocational, and higher education institutions;
- ensuring accessibility for the population of preventive means that make it possible to prevent sexually transmitted infection and spread of HIV;
- ensuring the prevention of the spread of HIV infection among injecting drug users, in particular by creating conditions for replacing used injection needles and syringes with sterile ones;
- mandatory testing for the purpose of detecting HIV infection in Blood (its components) obtained from blood Donors and donors of other biological fluids, human Cells, Tissues, and Organs used in medical practice and scientific research;
- promoting activities aimed at fostering safe Sexual Behavior stereotypes among the population and raising awareness of the high risk of HIV transmission through intravenous drug use;
- social protection of HIV-infected individuals, AIDS patients, their family members, and healthcare workers combating AIDS, as well as providing HIV-infected individuals and AIDS patients with all forms of medical care in accordance with this Law and other regulatory legal acts;
- ensuring the safety of the Treatment and diagnostic process for patients and medical staff in state healthcare institutions, state Sanitary and epidemiological supervision over the safety of this process in healthcare institutions of all forms of ownership, as well as the implementation of measures aimed at preventing the spread of HIV in private medical practice and the provision of cosmetic, hairdressing, and other services involving the breaching of Skin or mucous membranes to citizens;
- supporting charitable activities aimed at preventing the spread of HIV, combating AIDS, and providing social protection for the population.
Article 5.
Financing of nationwide, regional, and local programs for AIDS prevention and social protection of HIV-infected individuals shall be carried out respectively through:
- funds from the State Budget of Ukraine and local budgets;
- funds from targeted funds;
- charitable contributions;
- other funding sources not prohibited by the laws of Ukraine.
Article 6.
Measures to combat AIDS within their competence shall be developed and implemented by the relevant central and local executive authorities, local self-government bodies, as well as enterprises, institutions, and organizations of all forms of ownership.
Civil associations (including international ones) and private individuals (including foreigners) engaged in charitable activities may participate in implementing measures to combat AIDS.
The specially authorized central executive body entrusted with management and interagency coordination in the field of combating AIDS is the Ministry of Health of Ukraine.
Section II Terms and Procedure of Medical Examination for HIV Detection. Registration of HIV-Infected Individuals and AIDS Patients, Provision of Medical Care, and Medical Supervision over Them
Article 7.
Citizens of Ukraine, foreigners, and stateless persons who permanently reside or legally and temporarily stay on the territory of Ukraine have the right to:
- a medical examination to detect human immunodeficiency virus infection;
- obtain an official Conclusion on the results of such a medical examination and qualified recommendations on preventing the spread of HIV. The right to conduct medical examinations and issue official Conclusions on their results is granted exclusively to state and municipal healthcare institutions equipped with specially designated laboratories accredited in the manner established by the Cabinet of Ministers of Ukraine.
Medical examinations shall be voluntary. A medical examination of minors under the age of 18 and persons recognized as legally incompetent in accordance with the law may be conducted at the request or with the consent of their legal representatives, who have the right to be present during such an examination.
Medical examinations for citizens of Ukraine, foreigners, and stateless persons permanently residing in Ukraine or granted refugee status shall be provided free of charge. The procedure for paying for medical examinations of other categories of foreigners shall be determined by legislation and relevant international treaties of Ukraine.
A person who has undergone a medical examination has the right to a re-examination at any time at the same or, at their discretion, another duly accredited healthcare institution.
Article 8.
At the request of the person applying to a healthcare institution for a medical examination, such an examination may be conducted anonymously.
Information regarding the results of the medical examination and the presence or absence of HIV infection in the examined person is confidential and constitutes a medical secret. The transfer of such information is permitted only to the person to whom it relates, and in cases provided for by the laws of Ukraine, also to the legal representatives of this person, healthcare institutions, prosecution, investigative, inquiry, and judicial authorities.
Article 9.
An individual identified as HIV-positive based on medical examination results shall be informed thereof by a healthcare worker of the institution where the examination was conducted, in compliance with the requirements of this Law regarding the confidentiality of such information. Simultaneously, the HIV-infected person shall be informed of the necessity to observe preventive measures aimed at preventing the spread of HIV, the guarantees of respect for the rights and freedoms of HIV-infected individuals, and the criminal liability for knowingly exposing others to the risk of HIV infection or transmitting the virus to other persons.
In the event of HIV detection in minors under the age of 18, as well as in individuals recognized as legally incapacitated in the manner prescribed by law, the healthcare worker of the institution where the medical examination was conducted shall notify the parents or other legal representatives of such individuals.
The procedure for notifying examined persons of their medical examination results and issuing the corresponding official conclusions shall be established by the Ministry of Health of Ukraine.
Article 10.
Blood (its components) obtained from donors of blood (its components) and donors of other human biological fluids, cells, tissues, and organs shall be subject to mandatory laboratory testing for HIV.
The transfusion of blood (its components), as well as The Use of other biological fluids, cells, organs, and tissues for medical purposes, is permitted only after mandatory laboratory testing of donor blood for HIV.
In urgent cases where There is a real threat to human life and the only means of saving the patient is an emergency blood transfusion, and duly tested donor blood is not available, the transfusion of blood not tested for HIV is permitted with the consent of the patient or their legal representative. In such cases, the patient or their legal representative must be warned of the potential risk of infection. If it is impossible to obtain the patient's informed consent, the decision to transfuse blood not tested for HIV shall be made by a medical board (consilium), or by the attending physician providing assistance if convening a board is impossible. The fact of transfusing blood not tested for HIV and the patient's consent to such medical intervention must be recorded in writing in the patient's medical documentation, and a sample of this blood must be urgently sent for appropriate laboratory testing.
Article 11.
Diplomatic missions and consular posts of Ukraine shall issue entry visas to Ukraine for foreigners and stateless persons arriving in Ukraine for a period exceeding three months, subject to the presentation of a document certifying the absence of HIV infection, unless otherwise established by international treaties of Ukraine.
The requirements for said document shall be established by the Cabinet of Ministers of Ukraine.
Article 12.
The registration of HIV-infected individuals and AIDS patients who are citizens of Ukraine, foreigners, and stateless persons permanently residing or legally temporarily staying in the territory of Ukraine, as well as medical supervision over such persons, shall be provided by relevant state and municipal healthcare institutions designated by the Ministry of Health of Ukraine.
The registration, recording of HIV-infected individuals and AIDS patients, and medical supervision over them must be carried out in compliance with the principles of confidentiality and respect for personal human rights and freedoms defined by the laws and international treaties of Ukraine.
Medical assistance to HIV-infected citizens of Ukraine, foreigners, and stateless persons with AIDS shall be provided on a general basis in the manner established by legislation and relevant international treaties of Ukraine.
Article 13.
The rules for medical examination for the purpose of detecting HIV, recording HIV-infected individuals and AIDS patients, and medical supervision over such persons shall be approved by the Cabinet of Ministers of Ukraine.
Section III. Consequences of HIV Detection and Obligations of HIV-Infected Individuals
Article 14.
Upon receiving information from a healthcare institution about being infected with the human immunodeficiency virus and being warned of the necessity to observe preventive measures to prevent the spread of HIV and of criminal liability for knowingly exposing another person(s) to the risk of infection or transmitting the infection, HIV-infected persons are obliged to certify in writing the receipt of such information and warning.
Article 15.
HIV-infected individuals and AIDS patients are obliged to:
- take measures to prevent the spread of HIV as recommended by healthcare institutions in accordance with part one of Article 9 of this Law;
- inform individuals with whom they have had sexual contact prior to the detection of infection about the possibility of their exposure;
- refrain from donating blood, its components, other biological fluids, cells, organs, and tissues for use in medical practice.
Article 16.
Foreigners and stateless persons living with HIV or AIDS who fail to comply with preventive measures prescribed by healthcare institutions to prevent the spread of HIV infection and whose behavior poses a threat to the health of others may be expelled from Ukraine in accordance with the procedure established by the Law of Ukraine "On the Legal Status of Foreigners".
Section IV
Social Protection of Persons Infected with the Human Immunodeficiency Virus, AIDS Patients, and Their Family Members
Article 17.
Citizens of Ukraine living with HIV or AIDS enjoy all rights and freedoms provided for by the Constitution and laws of Ukraine, as well as other regulatory legal acts of Ukraine.
In addition to general rights and freedoms, they also have the right to:
- compensation for damages associated with the restriction of their rights resulting from the disclosure of information regarding their HIV-positive status;
- free provision of medicines necessary for the treatment of any existing disease, personal prevention supplies, and psychosocial support;
- free travel to and from THE PLACE OF treatment at the expense of the medical institution that issued the referral for treatment;
- use of an isolated living room.
The participation of persons living with HIV or AIDS in clinical trials of medical products and methods, scientific research, the educational process, photography, video, and filmmaking shall be carried out only with their consent.
The use of blood and other biological Materials from persons living with HIV or AIDS for scientific research shall be carried out only with their consent and provides for compensation in the manner established by the Cabinet of Ministers of Ukraine.
Article 18.
It is prohibited to refuse admission to medical institutions, to deny medical care, or to infringe upon other rights of individuals on the grounds that they are living with HIV or AIDS, as well as to infringe upon the rights of their relatives and close ones on this basis.
Article 19.
Unlawful actions by officials that violate the rights of individuals living with HIV or AIDS, as well as their relatives and close ones, may be appealed in court.
Article 20.
Persons who became infected with HIV As a result of medical Procedures have the right to judicial compensation for damage caused to their health at the expense of the guilty party.
The provisions of the first part of this article do not apply to cases of patient infection during the transfusion of blood that was not tested for HIV, provided the conditions set forth in part three of Article 10 of this Law were met.
Article 21.
Parents of children living with HIV or AIDS, and their legal guardians, have the right to:
- stay together with children under the age of 14 in inpatient facilities, with exemption from work during this period and payment of temporary disability benefits related to caring for a sick child;
- retention of continuous length of service for one of the parents in the event of resignation due to the necessity of caring for a child under the age of 16 for the purpose of calculating temporary disability benefits, provided they find employment before the child reaches the specified age.
Article 22.
Mothers who have children under the age of 16 infected with the human immunodeficiency virus or suffering from AIDS are entitled to annual leave during the summer or another convenient time. If the mother is absent and the child is raised by the father or another person, this right is granted to such persons.
Article 23.
Children under the age of 16 infected with the human immunodeficiency virus or suffering from AIDS shall be granted monthly state assistance in the amount established by the Cabinet of Ministers of Ukraine.
Article 24.
HIV-infected foreigners, stateless persons, and individuals with AIDS who permanently reside or legally and temporarily stay on the territory of Ukraine shall have the right to social protection in the manner and amounts determined by the legislation of Ukraine and relevant international treaties of Ukraine.
Section V Social Protection of Medical Workers and Other Persons Whose Professional Duties Involve the Risk of Infection with the Human Immunodeficiency Virus
Article 25.
Infection of medical and pharmaceutical workers with the human immunodeficiency virus in the line of professional duty shall be classified as an occupational disease.
Article 26.
Employees engaged in providing medical care to the population, conducting laboratory and scientific research on HIV infection, and manufacturing biological products for the Diagnosis, treatment, and prevention of HIV infection and AIDS shall be subject to mandatory insurance at the expense of the owner (or an authorized body) of the healthcare institution in the event of infection with the human immunodeficiency virus during the performance of official duties, as well as in the event of ensuing disability or death from diseases caused by the progression of HIV infection.
The categories of employees subject to mandatory insurance and the insurance procedure shall be established by the Cabinet of Ministers of Ukraine.
Article 27.
Medical workers who have been infected with the human immunodeficiency virus or have fallen ill with AIDS as a result of performing professional duties shall have the right to receive an annual free voucher for sanatorium-resort treatment in specialized health-improving facilities of ministries and other central executive bodies to whose sphere of management the respective medical services belong, as well as the right to annual leave with a total duration of 56 calendar days to be used in the summer or at another convenient time.
Article 28.
Medical workers who have been infected with the human immunodeficiency virus or have fallen ill with AIDS as a result of performing professional duties shall have the right to priority improvement of housing conditions in the manner established by the legislation of Ukraine.
Article 29.
Employees engaged in providing medical care to individuals infected with the human immunodeficiency virus or suffering from AIDS, Laboratory Diagnostics of HIV infection, conducting scientific research using infected material, and manufacturing biological products for the diagnosis, treatment, and prevention of AIDS shall be granted a salary Supplement, the right to an old-age pension on preferential terms, and annual supplementary leave in the manner established by the legislation of Ukraine.
Article 30.
The owner (or an authorized body) of a healthcare institution whose personnel conduct diagnostic tests for HIV infection, provide medical care to HIV-infected individuals and AIDS patients, and come into contact with blood and other materials from infected persons must provide employees with necessary protective equipment in accordance with the list and standards established by the Cabinet of Ministers of Ukraine, as well as conditions for such employees to undergo medical examinations upon request for the purpose of detecting HIV infection.
When carrying out the work specified in part one of this Article, employees whose professional duties involve the risk of infection with the human immunodeficiency virus are required to use appropriate protective equipment.
Section VI Liability for Violations of Legislation in the Field of Combating AIDS
Article 31.
Refusal to grant a person the right to undergo a medical examination to detect infection with the human immunodeficiency virus, conducting such an examination without the prior consent of the person being examined, improper performance of professional duties by medical and pharmaceutical workers or employees of other fields resulting in the infection of another person (or several persons) with the human immunodeficiency virus, refusal to provide medical care to HIV-infected individuals or AIDS patients, as well as disclosure of information regarding the medical examination and its results by medical workers and employees of the bodies specified in part two of Article 8, shall entail liability established by the law of Ukraine.
Article 32.
Knowingly placing another person (or several persons) at risk of infection or infecting them with the human immunodeficiency virus by a person who knew about their HIV-positive status shall entail criminal liability. The guilty party shall also reimburse the costs incurred in connection with the provision of medical and social assistance to the infected person in the manner established by the law of Ukraine.
Article 33.
Compensation for harm caused to the health of individuals infected with the human immunodeficiency virus through the fault of medical personnel or as a result of failure to provide safe working conditions by the owners (or authorized bodies thereof) of healthcare institutions, enterprises, institutions, and organizations whose employees' official duties involve the risk of human immunodeficiency virus infection, shall be paid by the liable party in the manner established by the legislation of Ukraine.
Section VII Final Provisions
Article 34.
This Law enters into force on the day of its publication.
Until the laws and other regulatory legal acts of Ukraine are brought into conformity with this Law, they shall apply to the extent that they do not contradict this Law.
The Cabinet of Ministers of Ukraine shall within two months:
- submit for consideration by the Verkhovna Rada of Ukraine proposals on bringing the laws of Ukraine into conformity with this Law;
- bring its regulatory legal acts into conformity with this Law;
- in accordance with its competence, ensure the adoption of regulatory legal acts stipulated by this Law;
- ensure the review and revocation by ministries and other central executive authorities of Ukraine of their regulatory legal acts that contradict this Law.
President of Ukraine L. KUCHMA
Kyiv, March 3, 1998
No. 155/98-VR
RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE No. 2026 of December 18, 1998
Rules for Medical Examination for the Purpose of Detecting HIV Infection,
Registration of HIV-Infected Persons and AIDS Patients,
and Medical Supervision Over Them
1. These Rules define the conditions and establish the procedure for the medical examination of citizens of Ukraine, foreigners, and stateless persons who permanently reside or legally reside temporarily on the territory of Ukraine. The medical examination is conducted to detect human immunodeficiency virus (HIV) infection, carry out epidemiological control, and provide counseling, medical, and psychosocial assistance to HIV-infected individuals.
The medical examination of citizens of Ukraine, foreigners, and stateless persons who permanently reside on the territory of Ukraine or have been granted refugee status is conducted free of charge.
2. The medical examination is conducted on a voluntary basis.
3. At the request of a person who has applied to a healthcare institution for a medical examination, such examination may be conducted anonymously.
The medical examination is conducted anonymously in trust rooms or upon the referral of the medical professional to whom the person in need of a medical examination has applied. The medical professional is obliged to counsel the person being tested regarding the testing procedure, its probable results, modes of transmission of HIV infection, and means of individual prevention.
4. Following the medical examination, the medical professional of the healthcare institution where the examination was conducted shall inform the examined person about the results of the medical examination in the manner established by the Ministry of Health. If the test result confirms the presence of HIV infection, it is the duty of the medical professional to provide the infected person with psychological support by explaining their rights and obligations, acquainting them with individual prevention measures to prevent infection of contacts, the possibilities of medical and social supervision, and warning them of criminal liability for knowingly placing another person(s) at risk of infection and for transmitting HIV.
The HIV-infected person is obliged to confirm in writing the receipt of the specified information and warning, after which they are referred to a treatment and prevention facility for dispensary monitoring and medical care.
5. Medical examination for HIV infection is carried out by collecting blood or other biological fluids, which are sent to a specialized AIDS diagnostic laboratory.
6. Medical examination of minors under 18 years of age and persons recognized as legally incapacitated in accordance with the established procedure may be conducted at the request or with the consent of their legal representatives, who have the right to be present during such examination.
7. Healthcare professionals must maintain the confidentiality of information regarding an individual's HIV status or AIDS diagnosis. The procedure for maintaining and storing relevant medical documentation is established by the Ministry of Health.
8. Individuals who have undergone a medical examination for HIV must be provided with a certificate of its results upon request. The procedure for issuing the certificate and its standard form are approved by the Ministry of Health.
9. Mandatory laboratory testing for HIV is required for blood (its components) obtained from donors of blood (its components) and donors of other human biological fluids, cells, tissues, and organs.
10. Registration of HIV-infected individuals and AIDS patients is carried out by healthcare facilities following a medical examination, diagnosis, and Determination of the stage of HIV infection.
11. Record-keeping of HIV-infected individuals and AIDS patients who are citizens of Ukraine, foreigners, and stateless persons permanently residing or legally and temporarily staying in the territory of Ukraine is maintained by regional (city) sanitary and epidemiological stations and regional (city) AIDS prevention centers as designated by the Ministry of Health.
12. Medical examination of pregnant women with their consent is performed upon registration or prior to childbirth through testing for HIV Antibodies. If data on the pregnant woman's medical examination are missing or if the child is born to an HIV-infected mother, testing the umbilical cord and newborn's blood for HIV antibodies is mandatory.
13. Subsequent examinations of the child are carried out at 3-month intervals from birth over a period of 18 months. The presence of HIV antibodies during this period serves as the basis for diagnosing HIV in the child. If HIV antibodies disappear before 18 months of age, the child is re-examined 3 months after receiving a negative result. If antibodies are not detected during the follow-up examination, the child is considered uninfected.
14. Accounting, registration of HIV-infected individuals and AIDS patients, and their medical monitoring are conducted in compliance with the principles of confidentiality and respect for human rights and freedoms provided for by the Constitution of Ukraine, laws of Ukraine, and international treaties of Ukraine.
15. HIV-infected citizens of Ukraine and AIDS patients are provided free of charge with medications necessary for the treatment of any existing disease, personal prevention supplies, and receive psychosocial support.
16. The procedure for medical examination for HIV of persons held in pre-trial detention centers and correctional labor institutions of the Ministry of Internal Affairs, as well as the conditions of detention for HIV-infected individuals among them, are determined by the Ministry of Internal Affairs, the State Department for the Execution of Sentences, and the Ministry of Health in coordination with the Prosecutor General's Office of Ukraine.
LIST AND STANDARDS
for the use of personal protective equipment by personnel of healthcare institutions who perform diagnostic tests for HIV, provide medical care to HIV-infected individuals and AIDS patients, and come into contact with blood and other biological materials from HIV-infected persons
1. Healthcare institutions whose medical staff perform diagnostic tests for HIV and provide medical care to HIV-infected individuals and AIDS patients, as well as handle blood and other biological materials from HIV-infected persons, must provide employees with personal protective equipment appropriate to their occupational profile.
2. During procedures involving a breach of skin and mucous membrane integrity, autopsies, laboratory testing, Processing of instruments and linen, premises cleaning, etc., medical and technical staff must use personal protective equipment.
The quantity of such equipment is determined based on the following daily allowance per employee: surgical gown - 1, rubber (latex) gloves - at The rate of 1 pair per 3 hours of work, masks - 6, cap - 1, waterproof apron - 1, arm sleeves - 2, goggles - 1, face shield - 1.
In specialized departments providing medical care to HIV-infected individuals and AIDS patients, there must be one set of disposable sterile instruments per 6 patients (per day) for: surgery, gynecology, otolaryngology, and blood collection.
In addition, consultants and the on-duty shift of medical staff are additionally issued half the specified amount of personal protective equipment and instrument sets.
3. Medical personnel with injuries, hand wounds, or exudative skin lesions that cannot be covered with a bandage are relieved from the medical care of HIV-infected individuals and AIDS patients and from contact with items used for their care during the period of illness.
4. All manipulations involving blood and sera from HIV-infected individuals and AIDS patients in laboratories must be performed using rubber bulbs, automatic pipettes, and dispensers.
5. To prevent the infection of medical personnel when working with HIV-infected material in healthcare facilities providing medical care to HIV-infected individuals and AIDS patients, a stock of antiviral drugs for emergency HIV prophylaxis (such as timazide, retrovir, crixivan) must be maintained at a rate of 30 grams per medical worker, along with a first-aid kit for providing emergency medical care to medical and technical staff.
6. Healthcare facilities providing medical care to HIV-infected individuals and AIDS patients must maintain a stock of disinfectants in the volume stipulated by regulatory documents.
PROCEDURE
for compensating HIV-infected individuals or AIDS patients for the use of their blood and other biological materials for scientific research
1. The donation of blood and other biological materials (Bone Marrow, CEREBROSPINAL FLUID, semen, biopsy samples) by HIV-infected individuals or AIDS patients for research purposes shall be carried out with their consent, either for a fee or, at the patients' request, free of charge.
2. Compensation to HIV-infected individuals or AIDS patients for the use of their blood and other biological materials shall be provided by research institutions and facilities conducting the relevant scientific studies.
3. Compensation to HIV-infected individuals or AIDS patients shall be calculated based on the following rates:
for the donation of 100 milliliters of blood — four tax-free minimum citizens' incomes:
for the donation of 1 milliliter of bone marrow — two tax-free minimum citizens' incomes:
for the donation of 10 milliliters of cerebrospinal fluid — four tax-free minimum citizens' incomes;
for the donation of 1 portion of ejaculate (semen) — two tax-free minimum citizens' incomes; for the donation of one portion of organ or tissue biopsy samples — four tax-free minimum citizens' incomes.
4. The payment of compensation to HIV-infected individuals or AIDS patients for the use of their blood and other biological materials shall be made on the day the blood or other biological materials are collected.
LAW OF UKRAINE ON PROTECTION OF THE POPULATION AGAINST INFECTIOUS DISEASES
This Law defines the legal, organizational, and financial framework for the activities of executive authorities, local self-government bodies, enterprises, institutions, and organizations aimed at preventing the emergence and spread of human infectious diseases, containing and eliminating outbreaks and epidemics thereof, and establishes the rights, obligations, and liabilities of legal entities and individuals in the field of public protection against infectious diseases.
Section I GENERAL PROVISIONS
Article 1. Definition of Terms
In this Law, the terms below are used in the following meanings: infectious diseases are human health disorders arising from infection with living pathogens (Viruses, Bacteria, rickettsiae, Protozoa, Fungi, helminths, mites, and other pathogenic parasites) that are transmitted from infected individuals to healthy ones and are prone to mass spread;
dangerous infectious diseases are infectious diseases characterized by severe and (or) persistent health disorders in individual patients and posing a threat to their life and health;
particularly dangerous infectious diseases are infectious diseases (including quarantine diseases such as plague, cholera, and yellow fever) characterized by severe and (or) persistent health disorders in a significant number of patients, a high mortality rate, and the rapid spread of these diseases among the population;
source of an infectious disease agent (hereinafter referred to as the source of infection) is a human or animal infected with infectious disease pathogens;
disinfection measures (disinfection, disinsection, deratization) are measures aimed at eliminating infectious disease pathogens in the human living environment (disinfection) and their vectors, namely insects (disinsection) and rodents (deratization);
epidemic is the mass spread of an infectious disease among the population of a given territory within a short period of time;
epidemic situation is an indicator of the epidemiological well-being of a territory (facility) at a specific time, characterized by the level and dynamics of human morbidity from infectious diseases, the presence or absence of relevant factors facilitating the transmission of infection, and other circumstances affecting the spread of infectious diseases;
favorable epidemic situation means that infectious diseases are either not registered or only sporadic cases are recorded, and there are no favorable conditions for the spread of these diseases;
unstable epidemic situation means that the level of human morbidity from infectious diseases does not exceed the long-term average indicators, yet favorable conditions exist for the spread of these diseases;
unfavorable epidemic situation means that the level of human morbidity from infectious diseases exceeds the long-term average indicators, and outbreaks of infectious diseases are registered;
incubation period is the maximum time interval elapsing from the moment a person is infected with infectious disease pathogens until the appearance of the first symptoms of the disease;
isolation ward is a specialized healthcare facility intended for the hospitalization of contacts for the purpose of their examination, preventive treatment, and medical supervision;
quarantine station is a specialized healthcare facility intended for the hospitalization of individuals who have expressed a desire to leave a quarantined area, for the purpose of their examination and medical supervision;
calendar of preventive vaccinations (hereinafter - vaccination calendar) is a regulatory legal act of the specially authorized central executive body for healthcare, which establishes the list of mandatory preventive vaccinations and optimal schedules for their administration;
contacts - individuals who have been in contact with a source of infection, as a result of which they are considered to be exposed to an infectious disease;
quarantine - administrative and sanitary measures applied to prevent the spread of particularly dangerous infectious diseases;
medical IMMUNOBIOLOGICAL PRODUCTS - Vaccines, toxoids, IMMUNOGLOBULINS, serums, Bacteriophages, and other medicinal products used in medical practice for the specific prevention of infectious diseases;
carrier of an infectious disease agent (hereinafter - pathogen carrier) - a person in whose body pathogens of an infectious disease are detected in the absence of symptoms of this disease;
restrictive anti-epidemic measures - sanitary and administrative measures implemented within an infectious disease focus to prevent its spread;
focus of an infectious disease - a Location (facility, territory) where a source of infection and relevant factors of pathogen transmission have been identified;
Sanitary and anti-epidemic rules and norms - regulatory legal acts, orders, instructions, rules, regulations, etc., issued by the specially authorized central executive body for healthcare, the requirements of which are aimed at preventing the emergence and spread of infectious diseases;
anti-epidemic measures - a set of organizational, sanitary, veterinary, engineering, technical, administrative, and other measures carried out to prevent the spread of infectious diseases, localize and eliminate their foci, outbreaks, and epidemics;
preventive vaccinations - administration of medical immunobiological products into The Human Body to induce specific Immunity against infectious diseases;
post-vaccination complications - severe and (or) persistent health disorders caused by the use of medical immunobiological products;
infectious disease outbreak - several cases of an infectious disease linked by a common source and (or) mode of transmission;
sanitary protection of the territory of Ukraine - a system of organizational, sanitary, hygienic, therapeutic, preventive, and anti-epidemic measures aimed at preventing the importation and spread of particularly dangerous infectious diseases within the territory of Ukraine, and in the event of their occurrence, preventing their spread beyond Ukraine, as well as preventing the importation into Ukraine of goods, chemical, biological, and radioactive substances, wastes, and other cargoes hazardous to human life and health;
factors of transmission of infectious disease agents (hereinafter - transmission factors) - environmental objects contaminated with pathogens of infectious diseases (air, soil, Water, food products, food raw materials, blood and other biological products, medical instruments, household items, etc.), as well as living organisms infected with pathogens, through which the transmission of pathogens from the source of infection to other individuals occurs.
Article 2. Legislation on the Protection of the Population against Infectious Diseases
Relations in the field of protecting the population against infectious diseases are governed by the Fundamentals of Ukrainian Healthcare Legislation, the Laws of Ukraine "On Ensuring Sanitary and Epidemic Wellbeing of the Population", "On Prevention of Acquired Immunodeficiency Syndrome (AIDS) and Social Protection of the Population", this Law, and other regulatory legal acts.
Section II STATE REGULATION OF ACTIVITIES IN THE FIELD OF PROTECTION OF THE POPULATION AGAINST INFECTIOUS DISEASES
Article 3. Powers of the Cabinet of Ministers of Ukraine in the Field of Protection of the Population against Infectious Diseases
The Cabinet of Ministers of Ukraine in the field of protection of the population against infectious diseases: develops and implements relevant nationwide programs;
ensures financing and logistical support for healthcare institutions, state sanitary and epidemiological service facilities, enterprises, institutions, and organizations involved in carrying out measures and works related to the elimination of epidemics, and coordinates the implementation of these measures and works;
coordinates and directs the work of ministries and other executive authorities; concludes intergovernmental agreements, and resolves other issues within the powers defined by law.
Article 4. Powers of the Council of Ministers of the Autonomous Republic of Crimea and Local Executive Authorities in the Field of Protection of the Population against Infectious Diseases
The Council of Ministers of the Autonomous Republic of Crimea and local executive authorities in the field of protection of the population against infectious diseases:
implement state policy in the field of healthcare and ensuring sanitary and epidemic wellbeing of the population, organize the development and execution of regional and local programs and matters concerning the protection of the population against infectious diseases, and participate in the development and implementation of nationwide programs;
ensure the implementation of preventive and anti-epidemic measures (urban improvement, water supply and sewerage, cleaning and sanitary clearing, vector control of infectious disease agents, etc.) in populated areas, public recreation areas, and recreational zones, and exercise control over the implementation of these measures;
monitor compliance by legal entities and individuals with Sanitary and hygienic, anti-epidemic, and veterinary rules and norms, trade and public catering regulations, as well as ensure the quality and safety of Food Products and food raw materials at all stages of their production, storage, and distribution;
organize the Analysis of the epidemiological situation in the region and monitor its status;
provide municipal healthcare institutions involved in the treatment and prevention of infectious diseases with human, financial, and material-technical resources;
inform the public through mass media about the regional epidemiological situation and ongoing anti-epidemic measures;
address issues concerning the financial and material-technical support of treatment, prevention, and anti-epidemic measures, as well as operations related to the elimination of epidemics and infectious disease outbreaks, and resolve other matters within the powers defined by law.
Article 5. Powers of local self-government bodies in the sphere of population protection against infectious diseases
Local self-government bodies in the sphere of population protection against infectious diseases: ensure the implementation of preventive and anti-epidemic measures in populated areas, public recreation sites, and recreational zones, as well as operations to eliminate epidemics and infectious disease outbreaks, and address issues regarding the financial and material-technical support of such measures and operations;
implement comprehensive measures aimed at eliminating epidemics, infectious disease outbreaks, and their consequences;
ensure the participation of healthcare institutions and establishments of all forms of ownership in combating infectious diseases, as well as the improvement of the network of specialized healthcare facilities and institutions whose activities are related to protecting the population from infectious diseases;
ensure the accessibility and free provision of medical care to infectious disease patients in state and municipal healthcare institutions;
provide citizens of preferential categories with medicines and medical devices for the treatment and prevention of infectious diseases in accordance with the legislation;
resolve other matters within the powers defined by law.
Article 6. Powers of the specially authorized central executive body in the field of healthcare in the sphere of population protection against infectious diseases
The specially authorized central executive body in the field of healthcare in the sphere of population protection against infectious diseases:
develops, approves, and enacts sanitary and anti-epidemic rules and norms, Methods of Examination and treatment of patients, diagnosis and prevention of infectious diseases, and other regulatory legal acts;
supervises compliance by enterprises, institutions, and organizations, regardless of their form of ownership, and citizens with the legislation on the protection of the population against infectious diseases, and monitors compliance with the requirements of sanitary and anti-epidemic rules and norms;
carries out, in accordance with the legislation, state registration, quality control, assurance of proper storage conditions, distribution, and use of medical immunobiological preparations, as well as monitors their efficacy, safety, and compliance with domestic and international standards;
establishes testing methods for disinfectants and monitors their compliance with the requirements of standards and other regulatory documents, and regulates their application; maintains statistical records of infectious diseases;
coordinates the implementation of measures aimed at the sanitary protection of the territory of Ukraine by healthcare institutions, state sanitary and epidemiological service facilities and institutions, and research institutions under its management;
analyzes and forecasts the epidemiological situation in Ukraine and in individual regions, develops evidence-based proposals aimed at preventing and reducing the incidence of infectious diseases and improving the epidemiological situation, and submits them for consideration to the Cabinet of Ministers of Ukraine in the manner prescribed by law;
establishes permissible levels of contamination by microorganisms and other biological factors in food products and food raw materials, water, soil, and Other components of the human living environment;
organizes scientific research aimed at reducing the incidence of infectious diseases, improving the epidemiological situation, and increasing the effectiveness of anti-epidemic measures;
participates in shaping state procurement orders for The production of medicines, medical immunobiological preparations, and disinfectants necessary for implementing preventive and anti-epidemic measures, as well as for training specialists in the prevention and treatment of infectious diseases;
ensures the creation, storage, and timely renewal of the necessary stockpile of medicines, medical immunobiological preparations, disinfectants, and other supplies in the event of epidemics;
exercises interagency coordination and ensures interaction with other central and local executive authorities in the sphere of population protection against infectious diseases;
approves draft regulatory legal acts of specially authorized central executive authorities for defense, internal affairs, and state border protection, as well as the Security Service of Ukraine, which establish procedures for carrying out preventive and antiepidemic measures within territories, facilities, units, and subunits subordinated to the said central executive authorities;
organizes public health education regarding the prevention of the emergence and spread of infectious diseases, provides medical services of ministries, other central and local executive authorities, and state sanitary and epidemiological institutions with regular updates on the epidemiological situation in Ukraine and worldwide, and annually informs them about adopted sanitary and antiepidemic regulations and other legal acts in the field of public protection against infectious diseases; resolves other matters within the powers defined by law.
Article 7. Treatment of Patients with Infectious Diseases
Treatment of patients with infectious diseases may be provided in state and communal specialized healthcare facilities (departments) and research institution clinics accredited in accordance with the established statutory procedure, as well as in privately owned healthcare facilities accredited in accordance with the law. If the course of an infectious disease is mild and the epidemiological situation within the disease focus is favorable, treatment of such a patient under systematic medical supervision may be carried out on an outpatient basis, except in cases stipulated by Articles 22, 27, and 31 of this Law.
Treatment of patients with infectious diseases may be conducted by persons who hold a medical degree and meet the qualification requirements established by the specially authorized central executive authority in the field of healthcare, including persons engaged in private medical practice in accordance with the established procedure.
Article 8. Financing of Preventive and Antiepidemic Measures and Treatment of Infectious Diseases
The financing of preventive and antiepidemic measures is carried out at the expense of the State Budget of Ukraine and local budgets, and in cases stipulated by law, at the expense of enterprises, institutions, and organizations regardless of their form of ownership, as well as individuals.
Preventive vaccinations against infectious diseases included in the immunization schedule, as well as preventive vaccinations based on epidemiological indications, are administered to citizens free of charge at the expense of local budgets and other sources not prohibited by law. The supply of medical immunobiological preparations for scheduled vaccinations is financed from the State Budget of Ukraine, while vaccinations based on epidemiological indications are funded from local budgets and other sources not prohibited by law. The procedure for supplying healthcare facilities with medical immunobiological preparations is established by the specially authorized central executive authority in the field of healthcare.
In state and communal healthcare facilities and state research institutions, the treatment, medical examinations, and screening of individuals suffering from infectious diseases and bacterial carriers are conducted free of charge (at the expense of respective budgets), and may also be funded from other sources not prohibited by law.
Preventive and routine disinfection measures are carried out at the expense of enterprises, institutions, and organizations regardless of their form of ownership, as well as individuals.
Article 9. Financial and Material-Technical Support for Operations Related to Epidemiological Surveys and the Containment of Epidemics and Infectious Disease Outbreaks, and Procedures for Reimbursement of Incurred Expenses
Expenses related to epidemiological surveys and the containment of epidemics and infectious disease outbreaks are financed from the State Budget of Ukraine and local budgets.
In cases provided for by law, funds from enterprises, institutions, and organizations regardless of their form of ownership, as well as from individuals and public associations, including international ones, may be engaged for this purpose.
If an epidemic or an outbreak of an infectious disease has occurred through the fault of an identified legal entity or individual, the expenditures incurred by the State Budget of Ukraine and local budgets for the localization and containment of such an epidemic or outbreak may be recovered from the liable party in the manner prescribed by law.
In the event of an epidemic or an infectious disease outbreak, mass media outlets regardless of their form of ownership shall assist executive authorities and local self-government bodies in carrying out necessary awareness-raising campaigns among the population.
Section III LEGAL REGULATION OF RELATIONS IN THE SPHERE OF PUBLIC PROTECTION AGAINST INFECTIOUS DISEASES
Article 10. Basic principles of Infectious Disease Prevention
The basic principles of infectious disease prevention are:
recognition of public protection against infectious diseases as a priority area of activity for executive authorities and local self-government bodies;
compliance by enterprises, institutions, and organizations regardless of their form of ownership, as well as by citizens, with sanitary-hygienic and sanitary-antiepidemic rules and norms in any type of activity;
comprehensive implementation of preventive, antiepidemic, social, and educational measures, alongside mandatory funding;
free provision of medical care to individuals suffering from infectious diseases in state and communal healthcare facilities and state research institutions;
social protection for individuals suffering from infectious diseases or acting as bacterial carriers;
state support for relevant research developments and domestic manufacturers of medical immunobiological preparations, medicinal products, disinfectants, and medical devices used for the prevention, diagnosis, and treatment of infectious diseases.
Article 11. Organization and Conduct of Preventive and Antiepidemic Measures
The organization and implementation of preventive and antiepidemic measures—including the sanitary protection of the territory of Ukraine, restrictions concerning patients with infectious diseases and bacillus carriers, as well as production control (such as laboratory testing and analyses during the production, storage, transport, and marketing of food products, food raw materials, and other goods, or the performance of works and provision of services)—as well as the organization and implementation of medical examinations and check-ups, preventive vaccinations, hygienic education and training of citizens, and other measures stipulated by sanitary-hygienic and antiepidemic rules and norms, within the powers established by law, shall be entrusted to executive authorities, local self-government bodies, state sanitary and epidemiological service institutions and establishments, healthcare institutions, enterprises, institutions, and organizations regardless of their form of ownership, as well as to individual citizens.
The organization and implementation of preventive and antiepidemic measures within territories, facilities, units, and subunits subordinated to specially authorized central executive bodies responsible for defense, internal affairs, state border protection, and the Security Service of Ukraine shall be ensured by the respective central executive bodies, the state sanitary and epidemiological service institutions subordinated to them, medical services, and the heads of the said facilities, units, and subunits.
The administration of preventive vaccinations shall be ensured by the specially authorized central executive body for healthcare, local executive authorities, local self-government bodies, and state sanitary and epidemiological service institutions.
Article 12. Preventive vaccinations
Preventive vaccinations against diphtheria, pertussis, measles, poliomyelitis, tetanus, and tuberculosis shall be mandatory and included in the vaccination schedule.
Workers of specific professions, industries, and organizations whose activities may lead to their infection and/or the spread of infectious diseases by them shall also be subject to mandatory preventive vaccinations against other relevant infectious diseases. In the event of refusal or evasion of mandatory preventive vaccinations in the manner established by law, such workers shall be suspended from performing the specified types of work. The list of professions, industries, and organizations whose workers are subject to mandatory preventive vaccinations against other relevant infectious diseases shall be established by the Cabinet of Ministers of Ukraine.
In the event of a threat of an outbreak of a particularly dangerous infectious disease or a mass spread of a dangerous infectious disease in relevant territories and facilities, mandatory preventive vaccinations against such infectious disease may be administered on epidemiological grounds.
Decisions on conducting mandatory preventive vaccinations on epidemiological grounds in relevant territories and facilities shall be made by the Chief State Sanitary Doctor of Ukraine, the Chief State Sanitary Doctor of the Autonomous Republic of Crimea, the chief state sanitary doctors of oblasts, the cities of Kyiv and Sevastopol, and the chief state sanitary doctors of the specially authorized central executive bodies for defense, internal affairs, state border protection, and the Security Service of Ukraine.
Medical workers who administer preventive vaccinations must have appropriate training in their administration and are obligated to provide objective information to the persons being vaccinated or their legal representatives regarding the effectiveness of preventive vaccinations and potential post-vaccination complications.
Preventive vaccinations shall be administered following a medical examination of the individual, provided there are no relevant medical contraindications. For adults with legal capacity, preventive vaccinations shall be administered with their consent after they are provided with objective information about the vaccination, the consequences of refusing it, and potential post-vaccination complications. For individuals under the age of fifteen or those recognized as legally incapacitated in accordance with the established legal procedure, preventive vaccinations shall be administered with the consent of their objectively informed parents or other legal representatives. For individuals aged fifteen to eighteen or those recognized by a court as having limited legal capacity, preventive vaccinations shall be administered with their consent after being provided with objective information, and with the consent of the objectively informed parents or other legal representatives of such individuals. If a person and/or their legal representatives refuse mandatory preventive vaccinations, the physician has the right to obtain a written confirmation of this refusal from them, and in the event of a refusal to provide such confirmation, to certify this fact with a report drawn up in the presence of witnesses.
Information regarding preventive vaccinations, post-vaccination complications, and refusals of mandatory preventive vaccinations shall be subject to statistical record-keeping and entered into the relevant medical documents. Medical contraindications, the procedure for administering preventive vaccinations, and the registration of post-vaccination complications shall be established by the specially authorized central executive body for healthcare.
Article 13. Requirements for medical immunobiological products, quality control, and their use
Domestic and foreign medical immunobiological products registered in Ukraine in the manner prescribed by law shall be used for preventive vaccinations.
Medical immunobiological products may be dispensed to citizens upon a physician's prescription in accordance with the procedure established by the specially authorized central executive body for healthcare.
State control over the quality, efficacy, safety, and proper use of domestic and foreign medical immunobiological products shall be exercised by the specially authorized central executive body for healthcare in accordance with the legislation governing medicinal products.
The storage, transportation, and disposal of unusable medical immunobiological products shall be carried out in compliance with sanitary-hygienic and antiepidemic rules and norms. Control over compliance with the established procedures and conditions for the storage, transportation, and disposal of medical immunobiological products shall be exercised by the institutions of the State Sanitary and Epidemiological Service of Ukraine.
Healthcare establishments and institutions, regardless of their form of ownership, are obligated to urgently notify the specially authorized central executive body for healthcare of every case of post-vaccination complications.
Article 14. Creation of new and genetically modified microorganisms and BIOLOGICALLY ACTIVE SUBSTANCES
Enterprises, institutions, and organizations, regardless of their form of ownership, and their structural subdivisions (laboratories) that conduct research related to the creation of new and genetically modified microorganisms and biologically active substances, are subject to mandatory registration with the specially authorized central executive body for healthcare for the purpose of exercising state control over such research.
Article 15. Prevention of infectious diseases in childcare institutions
The admission of children to educational, training, recreational, and other childcare institutions shall be carried out upon presentation of a corresponding certificate from the healthcare institution where the child is under medical supervision. The certificate shall be issued based on the results of the child's medical examination, provided there are no medical contraindications to their stay in such an institution, and provided they have received preventive vaccinations in accordance with the vaccination schedule and have not been in contact with patients suffering from infectious diseases or bacillus carriers.
Children who have not received preventive vaccinations in accordance with the vaccination schedule shall not be permitted to attend childcare institutions. If preventive vaccinations for children were administered with a delay relative to the established timelines due to medical contraindications, they may, under a favorable epidemiological situation and by a decision of a medical board of relevant physicians, be admitted to and attend the respective childcare institution.
The procedure for conducting medical examinations of children and the form of the certificate required for their admission to childcare institutions shall be established by the specially authorized central executive body for healthcare.
Workers of childcare institutions shall be subject to mandatory preventive medical examinations for the purpose of detecting patients with infectious diseases and bacillus carriers in the manner established by legislation.
Workers of childcare institutions are obligated to:
to continuously monitor the health status of children, and in the event of detecting a child with an infectious disease, take measures to isolate them from healthy children and immediately notify the relevant healthcare institution;
to systematically conduct health education and training for children.
Article 16. Protection of the population against infectious diseases common to animals and humans (zoonotic infections)
Protection of the population against infectious diseases common to animals and humans (zoonotic infections) is ensured by implementing veterinary, sanitary, epizootic, preventive, and antiepidemic measures during animal care, production, processing, and sale of livestock products, compliance by all business entities with the requirements of veterinary, sanitary-hygienic, and sanitary-antiepidemic rules and norms, as well as oversight by local executive authorities and local self-government bodies over their compliance.
In order to prevent the emergence and spread of zoonotic infections among humans, local executive authorities and local self-government bodies shall:
approve comprehensive programs and plans for the prevention of and control over these infections;
approve rules for keeping animals in domestic conditions, designate and equip areas within populated localities for walking pets, and ensure the capture, temporary housing, and population control of stray animals;
ensure systematic deratization in populated localities, public recreation areas, and recreational zones.
Article 17. Rights and obligations of citizens and their associations in the field of protection of the population against infectious diseases
Citizens and their associations have the right to receive reliable information regarding the epidemic situation in Ukraine.
Executive authorities, local self-government bodies, state sanitary and epidemiological service institutions, and healthcare facilities are required to periodically report through the mass media on the epidemic situation and ongoing antiepidemic measures.
For refusing to provide information, intentionally distorting, or concealing objective data regarding the incidence of infectious diseases among the population, officials of the bodies, institutions, and establishments specified in part two of this Article shall bear liability in accordance with the law.
Citizens and their associations have the right to participate in discussions on the siting and construction of facilities that may negatively affect the epidemic situation, as well as drafts of national, regional, and local programs for the protection of the population against infectious diseases, and to submit proposals on these issues to the relevant executive authorities, local self-government bodies, institutions, and organizations.
Article 18. Rights and obligations of enterprises, institutions, and organizations in the field of protection of the population against infectious diseases
The rights and obligations of enterprises, institutions, and organizations, regardless of their form of ownership, in the field of protecting the population against infectious diseases—regarding the provision of high-quality, health-safe food products, food raw materials, and drinking water to the population, the prevention of contamination of open water bodies and soil with infectious agents, and the maintenance of proper sanitary conditions in populated localities, public recreation areas, and recreational zones—are defined by legislation.
Legal entities, regardless of their form of ownership, and citizens shall ensure the implementation of preventive disinfection measures in residential, industrial, and other premises (buildings) and land plots owned by them or provided for their use, and shall take other measures to prevent the proliferation of rodents and insects in premises (buildings) and on land plots.
Owners, as well as managers and other officials of enterprises, institutions, and organizations, regardless of their form of ownership, are obliged, within their powers, to assist medical workers in protecting public health.
Article 19. Rights of persons suffering from infectious diseases or who are carriers
Persons suffering from infectious diseases or who are carriers have the right to: free treatment in state and municipal healthcare institutions and state scientific research institutions;
receive reliable information about the results of medical examinations, check-ups, and treatment, as well as recommendations on preventing the spread of infectious diseases;
apply to court with claims for compensation for damage caused to their health and/or property as a result of violations of legislation on the protection of the population against infectious diseases.
Foreigners and stateless persons suffering from infectious diseases or who are carriers shall be provided with medical assistance in the manner established by this Law and international treaties of Ukraine.
Article 20. Obligations of persons suffering from infectious diseases or who are carriers
Persons suffering from infectious diseases or who are carriers are obliged: to take measures recommended by medical workers to prevent the spread of infectious diseases;
to comply with the requirements and recommendations of medical workers regarding the procedure and conditions of treatment, and to adhere to the internal regulations of healthcare institutions and research establishments where they are receiving treatment;
undergo the necessary medical examinations and check-ups within the established timeframes.
Article 21. Mandatory Preventive Medical Examinations
Mandatory preliminary (prior to employment) and periodic preventive medical examinations of employees in certain professions, industries, and organizations—whose activities are related to public service and may lead to the spread of infectious diseases—shall be conducted at the employers' expense in the manner prescribed by law.
Minors, students of general secondary and vocational-technical educational institutions, students of higher educational institutions, and other categories of individuals in accordance with the law are subject to mandatory preventive medical examinations.
In the event of a worsening epidemiological situation, upon the submission of the respective chief state sanitary doctor, decisions by executive authorities and local self-government bodies may mandate extraordinary preventive medical examinations for the employees specified in part one of this Article.
Mandatory preventive medical examinations and subsequent medical supervision shall also apply to individuals who have been in contact with patients suffering from particularly dangerous and dangerous infectious diseases, or with carriers of the pathogens of such diseases: at their place of work, study, recreation, etc.; or at home.
Data on the results of mandatory preventive medical examinations of employees specified in part one of this Article shall be entered into their personal medical record books and other medical documents, and are subject to record-keeping in the relevant institutions of the state sanitary and epidemiological service.
The list of professions, industries, and organizations whose employees are subject to mandatory preventive medical examinations, the procedure for conducting these examinations, and the issuance of personal medical record books shall be established by the Cabinet of Ministers of Ukraine.
Individuals who refuse or evade undergoing mandatory preventive medical examinations shall be suspended from work, while minors, pupils, and students shall be suspended from attending the respective educational institutions.
Article 22. Measures Regarding Individuals Suffering from Infectious Diseases, Contact Persons, and Pathogen Carriers
Individuals suffering from infectious diseases, contact persons, and pathogen carriers who pose an increased risk of infection to others are subject to timely and high-quality treatment, medical supervision, and examinations. Individuals suffering from particularly dangerous and dangerous infectious diseases, carriers of the pathogens of these diseases, or those who have been in contact with such patients or carriers, as well as patients with other infectious diseases in cases where they pose a real threat of infecting others, are subject to treatment, medical supervision, and examinations in inpatient departments of relevant healthcare institutions or research institutions.
The procedure for hospitalization, treatment, and medical supervision of patients with infectious diseases, contact persons, and pathogen carriers, as well as the conditions of their stay in relevant healthcare institutions and research institutions, shall be established by the specially authorized central executive body in the field of healthcare.
Article 23. Suspension from Work of Individuals Who Are Pathogen Carriers
In the event that pathogen carriers are individuals whose work is connected with public service and may lead to the spread of infectious diseases, such individuals shall, with their consent, be temporarily transferred to work not associated with the risk of spreading infectious diseases. If the transfer of such individuals to another job is impossible, they shall be suspended from work in the manner established by law. During the period of suspension from work, these individuals shall be paid temporary disability benefits.
The individuals specified in part one of this Article may be declared temporarily or permanently unfit for health reasons to perform certain types of work. The decision on the temporary or permanent unfitness of pathogen carriers to perform certain types of work shall be made by medical-social expert commissions based on the results of treatment, medical examination data, etc. Such a decision by the medical-social expert commission may be appealed in court in the established manner.
The list of types of work for the performance of which pathogen carriers may be declared temporarily or permanently unfit shall be determined by the specially authorized central executive body in the field of healthcare.
Section IV PREVENTION AND PROVISION OF MEDICAL CARE TO PATIENTS WITH SOCIALLY DANGEROUS INFECTIOUS DISEASES
(TUBERCULOSIS, Sexually Transmitted Infections, AIDS, LEPROSY)
Article 24. Provision of Medical Care to Patients with Socially Dangerous Infectious Diseases
Individuals suffering from socially dangerous infectious diseases are subject to timely and high-quality treatment, periodic examinations, and medical supervision. Treatment, examination, and medical supervision of patients with socially dangerous infectious diseases in state and municipal healthcare institutions and state research institutions shall be provided free of charge (at the expense of the State Budget of Ukraine and local budgets).
Foreigners and stateless persons legally residing in Ukraine who suffer from socially dangerous infectious diseases shall be provided with medical care in accordance with the procedure established by this Law and international treaties of Ukraine.
Diplomatic missions and consular posts of Ukraine shall issue entry visas to Ukraine for foreigners and stateless persons upon presentation of a document confirming the absence of active-form tuberculosis and HIV infection, unless otherwise provided by international treaties of Ukraine.
Article 25. Health Improvement and Social Protection of Tuberculosis Patients and Their Family Members
Health improvement for tuberculosis patients shall be carried out in specialized anti-tuberculosis sanatoriums free of charge (at the expense of the State Budget of Ukraine and local budgets).
For able-bodied individuals who are newly diagnosed with tuberculosis or experience a relapse, a disability certificate for undergoing an uninterrupted course of treatment and health improvement may be issued for a period of up to 10 months. Their employment position shall be retained for them throughout this period.
Individuals suffering from active tuberculosis have the right to priority housing improvements in the manner prescribed by law.
Family members of a tuberculosis patient who live with them in the same apartment (room) are entitled to free Chemoprophylaxis for tuberculosis (funded by local budgets).
Enterprises, institutions, and organizations, regardless of their ownership form, may use their own funds to improve working conditions, recreation, Nutrition, and other aspects for employees suffering from tuberculosis.
Article 26. Treatment and Legal Protection of Patients with Sexually Transmitted Infections
Individuals with sexually transmitted infections are subject to mandatory treatment (anonymously, upon request).
Information regarding a person's infection with a sexually transmitted disease, medical examinations and screenings conducted in this regard, and intimate data obtained by officials and medical staff of healthcare institutions in the performance of their professional duties constitute medical confidentiality. The disclosure of such information is permitted only in cases stipulated by the laws of Ukraine.
Article 27. Treatment and Rehabilitation of Leprosy Patients
Treatment and continuous medical supervision of leprosy patients are carried out in specialized medical and prophylactic institutions known as leprosoria.
During periods when the disease course poses no risk of transmission through close contact, leprosy patients may reside on the territory of the leprosorium together with family members who are subject to ongoing medical supervision and registered at the leprosorium. Requirements for the placement and maintenance of leprosoria, as well as the specifics of anti-epidemic, treatment, and rehabilitation regimes in these institutions, are established by the specially authorized central executive body for healthcare.
Leprosoria may be granted land plots in accordance with the procedure established by law to enable economic activities by leprosy patients for whom such activities are not contraindicated, as well as by their family members.
Section V SANITARY PROTECTION OF THE TERRITORY OF UKRAINE, QUARANTINE, AND RESTRICTIVE ANTI-EPIDEMIC MEASURES
Article 28. Sanitary Protection of the Territory of Ukraine
The sanitary protection of the territory of Ukraine is ensured through preventive and anti-epidemic measures and sanitary-epidemiological surveillance at state border checkpoints and throughout the entire territory of Ukraine. The rules for the sanitary protection of the territory of Ukraine are approved by the Cabinet of Ministers of Ukraine.
Sanitary-epidemiological surveillance at Ukrainian state border checkpoints is carried out by sanitary quarantine units of the respective institutions of the state sanitary-epidemiological service.
Passengers, crews, teams, and other persons crossing the state border of Ukraine among whom individuals exhibit symptoms of infectious diseases are permitted entry only after undergoing a medical examination.
The entry into the territory of Ukraine of vehicles, the importation of cargo, goods, and other items—including food products, food raw materials, medicinal products, chemical, biological, and radioactive substances, as well as materials and waste that may act as vehicles of infection or pose a hazard to human life and health—is permitted only after inspection by sanitary quarantine unit personnel. Customs clearance of such vehicles, cargo, goods, and other items is carried out following the completion of this inspection.
The entry of vehicles into the territory of Ukraine, their importation, as well as the exportation from Ukraine or transit through its territory of cargo, goods, and other items, is permitted provided that accompanying documentation complies with the requirements of international treaties of Ukraine and other regulatory legal acts.
The importation into the territory of Ukraine of cargo, goods, and other items specified in paragraph four of this Article is prohibited if sanitary-epidemiological surveillance establishes that:
their importation is banned by law due to risks to human life and health;
the accompanying documentation lacks information regarding their safety for human life and health;
their importation could cause mass infectious diseases or human poisoning.
Diplomatic missions, consular offices, and trade missions of Ukraine abroad, upon The Emergence of particularly dangerous infectious diseases in their host countries, shall promptly notify the specially authorized central executive body for healthcare. Taking into account the epidemiological situation, the Cabinet of Ministers of Ukraine may establish temporary restrictions and special conditions regarding transport links with these countries, the entry into Ukraine of foreigners and stateless persons from these countries, as well as the importation into Ukraine of food products, food raw materials, animals, and other cargo, goods, and items that may serve as vehicles of infection, alongside the departure of Ukrainian citizens to these countries.
The departure of Ukrainian citizens to countries where stay is associated with a high risk of contracting particularly dangerous and dangerous infectious diseases is permitted only after receiving the relevant preventive vaccinations.
Article 29. Quarantine
Quarantine is established and lifted by the Cabinet of Ministers of Ukraine upon submission by the Chief State Sanitary Doctor of Ukraine.
The decision to introduce a quarantine, as well as to lift it, must be immediately brought to the attention of the population in the relevant territory via mass media.
The quarantine decree must specify the circumstances that led to its implementation, define the BOUNDARIES OF THE quarantined area, approve the necessary preventive, anti-epidemic, and other measures along with their executors and timelines, and establish temporary restrictions on the rights of individuals and legal entities, as well as additional obligations imposed upon them. Quarantine is established for the period necessary to eliminate an epidemic or an outbreak of a particularly dangerous infectious disease. During this period, the operating schedules of enterprises, institutions, and organizations may be altered, and other necessary adjustments regarding the conditions of their operational and other activities may be introduced.
Prior to the lifting of the quarantine, individuals who present a certificate authorizing departure from the quarantined territory may leave the area.
The organization of and compliance monitoring regarding the legal regime established within the quarantine zone, as well as the timely and full implementation of preventive and anti-epidemic measures, are entrusted to local executive authorities and local self-government bodies.
Article 30. Powers of local executive authorities and local self-government bodies under quarantine conditions
Within territories where quarantine has been established, local executive authorities and local self-government bodies are granted the right to:
engage enterprises, institutions, and organizations, regardless of their ownership forms, in carrying out measures aimed at localizing and eliminating an epidemic or an infectious disease outbreak;
requisition for temporary use vehicles, buildings, structures, equipment, and other property of enterprises, institutions, and organizations, regardless of form of ownership, necessary for the implementation of preventive and anti-epidemic measures, subject to subsequent full reimbursement of their value or expenses associated with their use in the manner prescribed by law;
establish a special entry and exit regime for citizens and vehicles within the quarantine zone, and, if necessary, conduct sanitary inspections of belongings, luggage, vehicles, and cargo;
introduce stricter requirements—exceeding those set by regulatory legal acts—concerning the quality, production, manufacturing, and distribution conditions of foodstuffs, as well as drinking water treatment regimes and quality standards;
establish a special procedure for conducting preventive, anti-epidemic (including disinfection), and other measures;
set up checkpoints at the entrances and exits of the quarantine zone, and involve—in the established manner—military personnel, staff, as well as logistics and transport facilities of enterprises, institutions, and organizations regardless of ownership forms, and units of specially authorized central executive bodies responsible for defense and internal affairs.
Article 31. Specialized healthcare institutions established in quarantine areas (specialized hospitals, isolation wards, observation facilities)
Upon the establishment of a quarantine, local executive authorities and local self-government bodies shall set up specialized healthcare facilities operating under a special anti-epidemic regime within the quarantine zone—such as specialized hospitals, isolation wards, and observation facilities—utilizing the premises of healthcare, recreational, and educational institutions, among others.
Mandatory hospitalization in specialized hospitals applies to patients suffering from particularly dangerous and dangerous infectious diseases, as well as individuals exhibiting symptoms of such diseases.
Individuals who, while residing in the quarantine area, have had verified contact with a patient suffering from a particularly dangerous infectious disease are subject to hospitalization in an isolation ward.
Individuals who express the desire to leave the quarantine territory prior to its lifting must stay in an observation facility under medical supervision for the duration of the incubation period of the respective disease and undergo the required examinations. Upon the expiration of the stay in the observation facility, taking into account the results of medical supervision and examinations, they shall be issued a certificate granting the right to leave the quarantined territory.
The operating procedures of specialized healthcare institutions and the forms of medical certificates issued to persons staying in these facilities shall be established by the specially authorized central executive body responsible for healthcare.
For the duration of their stay in specialized healthcare institutions, employees shall be issued a certificate of temporary disability, which is compensated in the amounts and manner established by law for individuals declared temporarily disabled due to illness.
Article 32. Restrictive anti-epidemic measures
Restrictive anti-epidemic measures are established by local executive authorities and local self-government bodies upon the submission of the respective chief state sanitary doctor in cases where an infectious disease outbreak has occurred in a specific settlement, children's upbringing, educational, or recreational facility, or where an unfavorable epidemic situation has arisen that threatens the spread of infectious diseases. The activities subject to restriction include those types of economic and other operations that may contribute to the spread of infectious diseases.
The types and duration of restrictive anti-epidemic measures are determined based on the specific course of the infectious disease, the epidemiological situation, and the circumstances influencing it.
Section VI DISINFECTION MEASURES
Article 33. Types and procedures for conducting disinfection measures
Disinfection measures are classified into the following types:
preventive disinfection measures mean actions carried out in residential, industrial, educational, sanitary and utility, and other premises, buildings, and structures, in human settlement areas, public recreation spots, and recreational zones, as well as in other potential locations where vectors of infectious disease agents multiply.
Preventive disinfection measures are carried out at least twice a year—in spring and autumn.
Preventive disinfection measures are carried out by specialized structural units of state sanitary and epidemiological service institutions and establishments, as well as by business entities under relevant agreements with enterprises, institutions, and organizations, regardless of their form of ownership, and with individual citizens;
current disinfection measures mean actions systematically carried out in healthcare facilities, public catering establishments, and food industry enterprises, in premises with mass gathering of people (consumer service enterprises, educational and cultural-educational institutions, etc.), as well as in residential premises while infectious patients or bacterial carriers are present. Current disinfection measures are carried out several times a day depending on the epidemiological situation.
Current disinfection measures are carried out by the staff of respective enterprises, institutions, and organizations, and in residential premises—by infectious patients, bacterial carriers, members of their families, etc.
Final disinfection measures mean actions carried out in an infectious disease focus after the source of infection has been removed. Final disinfection measures are carried out by institutions and establishments of the state sanitary and epidemiological service.
The procedure for conducting preventive, current, and final disinfection measures is established by the specially authorized central executive body for healthcare, taking into account the characteristics of infectious disease agents, factors of transmission, etc.
Article 34. Disinfectants
Chemical substances, biological factors, and medical devices used for disinfection measures are subject to hygienic regulation and state registration in accordance with the procedure established by law.
The production, storage, transportation, application, and sale of disinfectants are carried out in compliance with the requirements of relevant regulatory legal acts.
The use of disinfectants that have not been duly registered in Ukraine, as well as those whose manufacturing, transportation, or storage violated the requirements of technological regulations and other regulatory legal acts, is prohibited.
Section VII RECORD-KEEPING AND REGISTRATION OF INFECTIOUS DISEASES. EPIDEMIOLOGICAL INVESTIGATION
Article 35. Record-keeping and registration of infectious diseases
The record-keeping of infectious diseases is based on The system of mandatory registration of each case, regardless of the place and circumstances of detection, and prompt (emergency) notification of the relevant state sanitary and epidemiological service institution or establishment.
Healthcare institutions and establishments, regardless of their form of ownership, and business entities engaged in medical practice shall register and keep records of infectious diseases and submit relevant statistical reports. The list of infectious diseases subject to registration, the procedure for their record-keeping and reporting are established by the Cabinet of Ministers of Ukraine.
Article 36. Procedure for epidemiological investigation (inquiry) of epidemics and outbreaks of infectious diseases
All epidemics and outbreaks of infectious diseases are subject to epidemiological investigation (inquiry) to determine the causes of their occurrence, factors of transmission, define the boundaries of infectious disease foci and the scale of the epidemic or outbreak, take measures for their localization and elimination, as well as to identify persons guilty of causing the epidemic or outbreak.
The procedure for conducting an epidemiological investigation (inquiry) of epidemics and outbreaks of infectious diseases is established by the specially authorized central executive body for healthcare.
Article 37. Work in infectious disease foci
Every case (focus) of particularly dangerous and dangerous infectious diseases is subject to mandatory epidemiological investigation, regardless of the place of occurrence. In childcare facilities, every case of any infectious disease is subject to mandatory epidemiological investigation.
The boundaries of infectious disease foci are determined by specialists of the state sanitary and epidemiological service based on the results of their epidemiological investigation.
Work in foci of particularly dangerous and dangerous infectious diseases (epidemiological investigation, treatment, preventive, and anti-epidemic measures, including disinfection) belongs to work with particularly hazardous and hazardous working conditions. The list of positions of medical and other workers directly engaged in work with hazardous and particularly hazardous working conditions in infectious disease foci is determined by the Cabinet of Ministers of Ukraine. These workers are entitled to the remuneration terms, social protection measures, benefits, and compensations established by law.
Owners (heads) of healthcare institutions and establishments shall, in accordance with the law, provide workers performing tasks in foci of particularly dangerous and dangerous infectious diseases with special clothing, footwear, and protective equipment, taking into account the CHARACTERISTICS OF THE infectious disease, transmission factors, and the work performed.
Local executive authorities, local self-government bodies, enterprises, institutions, and organizations, regardless of their form of ownership, are obliged to provide comprehensive assistance in carrying out work in infectious disease foci, promptly provide workers with reliable information on the epidemiological situation, and, where necessary, provide them with transport, communication facilities, premises for work and rest, food products, special clothing, footwear, protective equipment, and means for sanitary treatment, etc.
Section VIII RIGHTS, DUTIES, SOCIAL PROTECTION OF MEDICAL AND OTHER WORKERS ENGAGED IN THE SPHERE OF POPULATION PROTECTION AGAINST INFECTIOUS DISEASES. LIABILITY FOR VIOLATION OF LEGISLATION ON POPULATION PROTECTION AGAINST INFECTIOUS DISEASES
Article 38. Duties of healthcare facility officials and medical professionals upon detection of a patient with an infectious disease
Upon detecting a patient with an infectious disease, officials of healthcare facilities, regardless of their form of ownership, and medical professionals are required to take measures for the patient's temporary isolation, provide emergency medical care, organize routine disinfection measures if necessary, promptly notify the relevant state sanitary and epidemiological service institution, and arrange for the patient's hospitalization at an appropriate healthcare facility.
Medical professionals are required to provide patients with infectious diseases, bacterial carriers, and/or their legal representatives with information on the risk of infecting others and on the requirements of sanitary and anti-epidemic rules and norms that must be followed to prevent the spread of the disease. In addition, patients with particularly dangerous and dangerous infectious diseases, as well as carriers of the pathogens of such diseases, must be warned of their liability for non-compliance with sanitary and anti-epidemic rules and norms and for infecting other persons. An appropriate record of this warning shall be entered into the medical documents of such patients and bacterial carriers and signed by the attending physician, the patient or bacterial carrier, and/or their legal representative.
Article 39. Measures of legal and social protection for medical and other personnel engaged in public protection against infectious diseases
Contraction of infectious diseases by medical and other personnel associated with the performance of professional duties under conditions of an increased risk of infection with infectious disease pathogens (providing medical care to infectious disease patients, working with live pathogens and in infectious disease outbreak focuses, disinfection measures, etc.) shall be classified as occupational diseases. Such employees of state and municipal healthcare facilities and state research institutions shall be subject to mandatory state insurance against infectious diseases in the manner and under the conditions established by the Cabinet of Ministers of Ukraine.
Article 40. Remuneration of medical and other personnel engaged in public protection against infectious diseases
The terms and rates of remuneration for medical and other personnel who provide medical care to infectious disease patients, work with live infectious disease pathogens and in infectious disease outbreak focuses, and perform other activities associated with a high risk of infection with infectious disease pathogens shall be established in accordance with legislation.
For the period of work on the eradication of epidemics and outbreaks of infectious diseases, as well as in focuses of particularly dangerous and dangerous infectious diseases, the official salaries of medical and other personnel shall be established in the manner and amounts determined by the Cabinet of Ministers of Ukraine.
Article 41. Liability for violation of legislation on public protection against infectious diseases
Persons guilty of violating legislation on public protection against infectious diseases shall bear liability in accordance with the laws of Ukraine.
Section IX INTERNATIONAL COOPERATION
Article 42. International cooperation of Ukraine in the field of public protection against infectious diseases
International cooperation of Ukraine in the field of public protection against infectious diseases shall be carried out through the conclusion of international treaties, participation in international programs and projects, exchange of information and work experience, development of trade in medical immunobiological products and other Pharmaceuticals, provision of mutual assistance, etc.
Article 43. International treaties
If an international treaty of Ukraine, the consent to be bound by which has been granted by the Verkhovna Rada of Ukraine, establishes norms other than those provided for by this Law, the norms of the international treaty shall apply.
Section X CONCLUDING PROVISIONS
1. This Law shall enter into force on the day of its publication, except for part two of Article 8 regarding the supply of medical immunobiological products for preventive vaccinations at the expense of the State Budget of Ukraine and Article 39, which shall enter into force on January 1, 2001.
2. Until the legislation of Ukraine is brought into compliance with this Law, laws and other regulatory legal acts shall apply to the extent that they do not contradict this Law.
3. The Cabinet of Ministers of Ukraine shall, within six months from the entry into force of this Law:
submit proposals to the Verkhovna Rada of Ukraine on bringing the laws of Ukraine into compliance with this Law;
bring its regulatory legal acts into compliance with this Law;
ensure the adoption, within its competence, of regulatory legal acts arising from this Law;
ensure the review and repeal by ministries and other central executive authorities of Ukraine of their regulatory legal acts that contradict this Law.
President of Ukraine L. KUCHMA
Kyiv, April 6, 2000
№ 1645-III
FROM THE CRIMINAL AND CRIMINAL PROCEDURE CODES OF UKRAINE
Article 132. Disclosure of Information Regarding Medical Examinations for Human Immunodeficiency Virus or Other Incurable Infectious Diseases
The disclosure by an official of a healthcare institution, an auxiliary employee who has unlawfully obtained information, or a medical professional of information regarding a medical examination of a person to detect infection with the human immunodeficiency virus or another incurable infectious disease dangerous to human life, or acquired immunodeficiency syndrome (AIDS) and the results thereof, which became known to them in connection with the performance of official or professional duties, -
shall be punishable by a fine of fifty to one hundred tax-free minimum incomes of citizens, or community service for a term of up to two hundred and forty hours, or correctional labor for a term of up to two years, or restriction of liberty for a term of up to three years, with or without disqualification to hold certain positions or engage in certain activities for a term of up to three years.
Article 133. Transmission of a Venereal Disease
1. The transmission of a venereal disease to another person by an individual who knew they had this disease shall be punishable by correctional labor for a term of up to two years, or arrest for a term of up to six months, or restriction of liberty for a term of up to two years, or imprisonment for the same term.
2. The acts provided for in part one of this Article committed by a person previously convicted of transmitting a venereal disease to another person, as well as the transmission of the disease to two or more persons or to a minor, shall be punishable by restriction of liberty for a term of up to five years or imprisonment for a term of up to three years.
3. The acts provided for in parts one or two of this Article, if they caused grave consequences, shall be punishable by imprisonment for a term of two to five years.
Article 145. Unlawful Disclosure of Medical Confidentiality
The intentional disclosure of medical confidentiality by a person to whom it became known in connection with the performance of professional or official duties, if such an act caused grave consequences, shall be punishable by a fine of up to fifty tax-free minimum incomes of citizens, or community service for a term of up to two hundred and forty hours, or disqualification to hold certain positions or engage in certain activities for a term of up to three years, or correctional labor for a term of up to two years.
Article 152. Rape
1. Rape, defined as sexual intercourse involving the use of physical violence, the threat of such violence, or taking advantage of the helpless state of the victim, shall be punishable by imprisonment for a term of three to five years.
2. Rape committed repeatedly or by a person who has previously committed any of the crimes provided for in Articles 153–155 of this Code shall be punishable by imprisonment for a term of five to ten years.
3. Rape committed by a group of persons, or the rape of a minor, shall be punishable by imprisonment for a term of seven to twelve years.
4. Rape that caused particularly grave consequences, as well as the rape of a young child, shall be punishable by imprisonment for a term of eight to fifteen years.
Article 153. Violent Gratification of Sexual Desire in an Unnatural Manner
1. Gratification of sexual desire in an unnatural manner involving the use of physical violence, the threat of such violence, or taking advantage of the helpless state of the victim shall be punishable by imprisonment for a term of up to five years.
2. The same act committed repeatedly, by a group of persons, or by a person who has previously committed any of the crimes provided for in Articles 152 or 154 of this Code, as well as committed against a minor, shall be punishable by imprisonment for a term of three to seven years.
3. The same act committed against a young child, if it caused particularly grave consequences, shall be punishable by imprisonment for a term of eight to twelve years.
Article 154. Coercion into Sexual Relations
1. Coercing a woman or a man into entering into sexual relations in a natural or unnatural manner by a person upon whom the woman or man is materially or officially dependent shall be punishable by a fine of up to fifty tax-free minimum incomes of citizens or arrest for a term of up to six months.
2. The same acts combined with the threat of destruction, damage, or seizure of property belonging to the victim or their close relatives, or the disclosure of information that tarnishes the reputation of the victim or their close relatives, shall be punishable by arrest for a term of up to six months or restriction of liberty for a term of up to three years.
Article 155. Sexual Intercourse with a Person Who Has Not Reached Sexual Maturity
1. Sexual intercourse with a person who has not reached sexual maturity shall be punishable by restriction of liberty for a term of up to three years or imprisonment for the same term.
2. The same acts committed by a father, mother, or legal guardian, or if they resulted in Infertility or other grave consequences, shall be punishable by imprisonment for a term of three to five years.
Article 156. Corruption of Minors
1. The commission of lewd acts with a person under the age of sixteen shall be punishable by arrest for a term of up to six months or restriction of liberty for a term of up to three years.
2. The same acts committed against a young child, or by a father, mother, or legal guardian, shall be punishable by restriction of liberty for a term of up to five years or imprisonment for a term of up to three years.
Article 303. Prostitution, or Coercion into or Involvement in Prostitution
1. Systematic prostitution, meaning the provision of sexual services for profit, shall be punishable by a fine of fifty to five hundred tax-free minimum incomes of citizens or community service for a term of up to one hundred and twenty hours.
2. Coercion into or involvement in prostitution, meaning the provision of paid sexual services through the use or threat of violence, destruction of or damage to property, blackmail, or deception, shall be punishable by a fine of five hundred to one thousand tax-free minimum incomes of citizens, or arrest for a term of up to six months, or imprisonment for a term of one to three years.
3. The acts provided for in paragraphs one or two of this Article, committed against a minor or by an organized group, shall be punishable by imprisonment for a term of three to five years.
4. Pimping, meaning the establishment, management, or participation in an organized group that facilitates the provision of sexual services by male and female persons for profit, shall be punishable by imprisonment for a term of five to seven years.
Last update: 10/08/2026
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