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UKRAINE. Law of Ukraine of 12 December 1991 on the prevention of AIDS and the social protection of the population. (Vidomost Verhovno Radi Ukrani, No. 11, 17 March 1992, Entry 152, pp. 287-92, as summarized in International Digest of Health Legislation, Vol. 44, No. 2, 1993, pp. 223-8.)

 

The Preamble to this Law lays down, in particular, that AIDS control is one of the State's priority tasks in the field of health protection of the population. The Law defines the legal regime applicable to problems associated with the spread of AIDS, and is stated to be in conformity with the rules of international law and WHO recommendations. The following are among the principal provisions of the Law.

 

Chapter I. General Provisions (Secs. 1-5). Sec. 1 defines the terms "HIV infection", "HIV-infected persons", and "AIDS". Under Sec. 2, the State policy of Ukraine in the field of AIDS control is undertaken through the agencies responsible for the implementation of this Law, as well as by the formulation of an appropriate national programme and financial and material support to this programme. The latter is to establish a set of measures aimed at preventing the spread of AIDS, informing and educating large strata of the population, assuring specific training for medical personnel, and carrying out basic and applied scientific research. Sec. 3 lays down that the National Committee for AIDS Control, attached to the President of Ukraine, and the regional and local AIDS control committees set up under the auspices of the appropriate authorities, constitute the specialized agencies of the State administration responsible for interdepartmental coordination in the field of AIDS control. Sec. 4 lays down that AIDS control measures are undertaken by the Ministry of Health of Ukraine, its local agencies, and all other State agencies, undertakings, establishments, and organizations. Sec. 5 lays down that public (including international) associations and private individuals (including citizens of other States) engaging in charitable activities, may participate in the implementation of these measures; however, such activities may not be contrary to the requirements laid down by the legislation.

 

Chapter II. Conditions and procedures for medical testing with the aim of identifying HIV-infected persons; registration; and medical testing and prophylactic observation of infected persons. (Secs. 6-12). The provisions of this Chapter read as follows:

 

"6. Citizens of Ukraine, citizens of other States, and stateless persons residing on the territory of Ukraine shall have the right:

 

- to undergo medical testing aimed at detecting infection by the human immunodeficiency virus and to medical examination in specialized medical establishments, independently of the service to which they are attached; and

- to be informed of the results of the test and receive counselling, with a view to preventing the spread of infection.

 

This right shall be assured by the provision of qualified medical care and by the setting up of a suitable network of establishments aimed at preventing AIDS and caring for citizens.

 

Persons who undergo testing shall be guaranteed that the medical test is safe, freedom to consent to the test, anonymity, and confidentiality of data relating to the test results, provided by the medical establishment.

 

7. Persons engaging in prostitution and drug-dependent persons who self-inject narcotics shall be subject to compulsory medical testing. These compulsory medical tests may be imposed in respect of such persons in accordance with established procedures only if the said persons are engaging in prostitution or are drug-dependent.

 

Depending on epidemiological indicators, other persons may likewise be required to undergo the said compulsory medical tests.

 

8. Citizens of other States and stateless persons residing on the territory of Ukraine for the purpose of study or work shall be subject to compulsory medical testing aimed at detecting HIV infection. Persons holding a certificate prescribed under the terms of an appropriate agreement between Ukraine and another State shall be exempted from this test.

 

Diplomatic personnel of diplomatic missions and foreign consulates, and other persons enjoying diplomatic immunity and privileges on the territory of Ukraine, may be subject to testing only with their consent.

 

9. Data indicating that a particular person is HIV-infected or suffering from AIDS shall be subject to professional confidentiality, which is protected by the law.

 

Such data may be communicated only to the legal representatives of the person concerned, medical establishments, the agencies of the Office of the Public Prosecutor, investigating magistrates, the courts, and other agencies and persons as laid down by way of legislation.

 

10. The competent medical institutions shall ensure registration, medical examination, and preventive surveillance of citizens of Ukraine, citizens of other States, and stateless persons infected with the human immunodeficiency virus (virus carriers and persons suffering from the disease), who are residing or staying on the territory of Ukraine.

 

11. The regulations governing the medical test for the detection of HIV infection, and the registration, examination, and preventive surveillance of HIV-infected persons, shall be formulated by the Ministry of Health of Ukraine and endorsed by the Cabinet of Ministers of Ukraine.

 

12. HIV-infected citizens of other States and stateless persons shall be liable to expulsion from Ukraine by administrative order in accordance with legally established procedures.

 

Citizens of other states and stateless persons married to citizens of Ukraine shall not be subject to expulsion."

 

Chapter III. Obligations of HIV-infected persons and all persons subject to medical testing for AIDS (Secs. 13-16). The provisions of this Chapter read as follows:

 

"13. Persons required to undergo compulsory testing for infection by the human immunodeficiency virus shall report to the appropriate medical institutions when summoned to do so in writing.

 

In the event of such persons failing to appear for the test without valid reasons, they shall be escorted by the militia to local medical institutions, at the request of these institutions and with the consent of the Office of the Public Prosecutor. The said application shall not indicate the disease that gave rise to the compulsory appearance of the person concerned. In the event of the person objecting to a decision on the part of a medical institution, the person concerned may be brought before a court.

 

14. HIV-infected citizens of Ukraine, citizens of other States, and stateless persons residing or staying on the territory of Ukraine, after appropriate medical institutions have received information indicating that they are infected with the AIDS pathogen, shall report to the said institutions for a medical examination, when summoned to do so. If the said persons try to avoid examination, the measures envisaged in the second paragraph of Section 13 shall be taken against them.

 

15. When infected persons receive information from medical institutions indicating that they have been infected with HIV and have been warned about the need to take measures to prevent the spread of HIV infection, and about their criminal liability for willfully endangering or infecting another person, the infected persons concerned shall certify in writing the fact that they have received the information and warning referred to above.

 

16. Persons infected with HIV or suffering from AIDS shall:

 

- take the measures envisaged by the appropriate institutions and recommended by a physician; and

- inform persons with whom they had sexual relations prior to the detection of the infection about the possibility of the said persons having been infected."

 

Chapter IV. Social protection of HIV-infected persons, persons suffering from AIDS, and members of their families (Secs. 17-23). The provisions of this Chapter read as follows:

 

"17. Citizens of Ukraine, citizens of other States, and stateless persons residing or staying on the territory of Ukraine, and infected with the human immunodeficiency virus or suffering from AIDS, shall have the right:

 

- to a respectful and humane attitude on the part of society, entailing no humiliation of their human dignity;

- to demand confidentiality with regard to information concerning their state of health, if the conditions and characteristics of their life and work do not constitute a risk of infection for others;

- to compensation for damages associated with the restriction of their rights as the result of the disclosure of information to the effect that the persons concerned are infected with HIV;

- to practice their chosen profession, with the exception of the professions and duties included in special lists;

- to be provided free of charge with the medicaments necessary for the treatment of any disease from which they are suffering;

- to transportation to and from the place of treatment, at the expense of the therapeutic establishment that issued the invitation to attend for treatment; and

- to be accommodated in a separate room.

 

Such persons may not be used as experimental subjects in trials of medical devices and methods, scientific research, or education, or in photography, video recording, or cinematography, unless they give their consent thereto.

 

18. No person shall be refused admission to a therapeutic establishment or the provision of emergency medical care, nor shall any of his rights be affected, on the grounds that he is a carrier of the virus or is suffering from AIDS; the rights of an infected person's family or relations shall likewise be inviolate.

 

19. HIV-infected persons, persons with AIDS, and their family or relatives may, in accordance with the law, lodge complaints against the infringement of their rights as the result of the illegal actions of officials.

 

20. Persons infected as the result of medical interventions shall be entitled to a pension and to priority treatment in the allocation of accommodation if they have none, or to improvement of their housing conditions, in accordance with the modalities laid down by law.

 

21. Parents of children who are infected with HIV or suffering from AIDS, and persons acting on their behalf, shall have the right:

 

- to remain in hospitals with minor children (under 14 years of age), while being released from work during this period and in receipt of a temporary disability benefit; and

- in the event that one of the parents has been discharged from work in order to look after a child under 16 years of age, to have the period of temporary incapacity for work considered as a period of continuous work for the purposes of calculating allowances, provided that the parent concerned resumes work before the child reaches the age prescribed.

 

22. Mothers whose children under 16 years of age are infected with HIV or suffering from AIDS shall be entitled to an annual vacation during the summer period, or at another time that suits them. If the child is motherless and is brought up by the father or by another person, that person shall be entitled to the same right.

 

23. A monthly allocation equivalent to the minimum salary shall be granted by the State to children under 16 years who are infected with HIV or suffering from AIDS, under conditions established by the Cabinet of Ministers of Ukraine."

 

Chapter V. Social protection of members of the medical professions and other professions at risk of being infected by HIV (Secs. 24-29). The provisions of this Chapter read as follows:

 

"24. HIV infection contracted by members of the medical and pharmaceutical professions in the course of their duties shall be considered as an occupational disease.

 

25. Personnel whose activities consist in providing medical care to the population, conducting laboratory or scientific research on aspects of HIV, or preparing viral cultures shall be required to take out compulsory State insurance against the risk of contracting HIV infection during the exercise of their duties, and against the risk of disablement as the result of such infection, or death from AIDS.

 

The personnel concerned shall be entitled, in the case of HIV infection, to an allowance equivalent to ten times the minimum salary and, in the case of disablement as a result of AIDS, to an allowance equivalent to 50 times the minimum salary. In the event of the death from AIDS of an insured worker, the worker's dependents shall be entitled to an allowance equivalent to ten years' salary at a level corresponding to the worker's final duties.

 

The payment of allowances in connection with State recognition of the disablement or death of the insured person as the result of AIDS shall be made with the deduction of the previously paid insurance sums.

 

Applications for the payment of allowances shall be made within three years of establishing HIV infection or disability as the result of contracting AIDS, or of the death of the insured person from AIDS.

 

The payment of an allowance to the above-mentioned workers or, in the event of their death, their dependents, shall be made by State insurance agencies at the request of the services of the Ministry of Health of Ukraine.

 

26. Health workers who have been infected with HIV or have contracted AIDS during the course of their duties shall have the right to receive free annual treatment at specialized sanatoria or nursing homes under the jurisdiction of the appropriate ministries and departments; they shall likewise have the right to an annual vacation of at least 36 working days, to be taken during the summer period or at another time convenient for them.

 

27. Health workers who have been infected with HIV or contracted AIDS during the course of their duties shall receive priority treatment with regard to the improvement of their housing conditions, in accordance with the modalities laid down by law.

 

28. Health workers engaged in the provision of medical care to HIV-infected persons or persons with AIDS, the laboratory diagnosis of HIV infection, scientific research involving the use of infected material, and the development of biological preparations for the purposes of diagnosing, treating, and preventing AIDS shall receive an extra payment in addition to their salary, and shall be entitled to early retirement with pension and an extra annual vacation, in accordance with the modalities laid down by law.

 

29. The administration of medical establishments in which personnel carry out diagnostic research on HIV infection, provide therapeutic care to HIV carriers and persons with AIDS, and come into contact with blood and other materials from infected persons, shall provide the personnel concerned with the necessary means of protection and carry out systematic tests on them for the detection of HIV infection.

 

Medical personnel shall have the right, in the absence of protective means, to refuse to provide treatment or care to a patient."

 

Chapter VI. Liability for the violation of legislation concerning AIDS control (Secs. 30-31). The provisions of this Chapter read as follows:

 

"30. The following shall be punishable in accordance with the modalities laid down by Ukrainian law: refusal to allow a person to exercise his right to have a medical test for the detection of HIV; disclosure of information relating to the carrying out of such a test and the results thereof; the inappropriate or unscrupulous exercise of professional duties by members of the medical and pharmaceutical professions or other officials, resulting in the infection of one or more persons with HIV; and refusal to provide medical care to HIV-infected persons or persons with AIDS.

 

31. A person who is aware that he is infected with HIV shall be punished under criminal law if he knowingly exposes another person or persons to the risk of HIV infection, or if he infects another person or persons with HIV. The perpetrator of such an act shall be required to pay compensation to the infected person in connection with the provision of medical care and social assistance, in accordance with the modalities laid down by Ukrainian law."

 

 

 

 

Appendix -- 940 - Republic of Ukraine page1

 

 

 

 

 

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