І. Specialized psychiatric care facility

is a mental health care facility that applies all inpatient types of compulsory medical measures provided for by the Criminal Code of Ukraine, as well as the measures of restraint to a person in respect of whom compulsory medical measures are subject to be applied, or their application decided, in the form of placement in a psychiatric care facility under surveillance that would exclude their dangerous behavior, as provided for by the Criminal Procedure Code of Ukraine (paragraph 21 of the Clarifications to the List of Healthcare Facilities, approved by the Order of the Ministry of Health of 28 October 2002 №385, registered by the Ministry of Justice on 12 November 2002 with № 892/7180).

Compulsory medical measures are criminal law measures and a type of psychiatric care applied to a person by a court decision for applying compulsory treatment and preventing from committing socially dangerous acts (Article 92 of the Criminal Code of Ukraine, Article 19 of the Law of Ukraine “On Psychiatric Care”). Placement of a person in a psychiatric care facility under surveillance that would exclude their dangerous behavior is a measure of restraint and a type of psychiatric care (Article 508 of the Criminal Procedure Code of Ukraine, Article 19 of the Law of Ukraine “On Psychiatric Care”). A specialized psychiatric care facility provides psychiatric care only to socially dangerous persons (Part 4 of Article 503 of the Criminal Procedure Code of Ukraine). The list of specialized psychiatric care facilities is approved by Order of the Ministry of Health of Ukraine (Paragraph 7 of the Procedure for Organizing Psychiatric Care in case of Application of Measures of Restraint by a Court to a Person in respect of whom Compulsory Medical Measures are subject to be applied, or their application decided; Paragraph 6 of the Rules for Applying Compulsory Medical Measures in a Specialized Psychiatric Care Facility).

ІІ. Compulsory medical measures shall be applied as follows:

• to individuals who committed socially dangerous acts in a state of insanity (Part 2 Article 19, Article 93 of the Criminal Code of Ukraine);
• to individuals, who committed a criminal offense in a state of sanity but lapsed into a mental decease before the sentence was issued or while serving their punishment (Part 1 Article 84, Article 93 of the Criminal Code of Ukraine).

ІІІ. A measure of restraint in the form of placing in a psychiatric care facility under surveillance that would exclude dangerous behavior shall be applied as follows:

• to a person in respect of whom compulsory medical measures are subject to be applied (Paragraph 2 of Part 1 of Article 508 of the Criminal Procedure Code of Ukraine).

ІV. Grounds for hospitalization at a specialized psychiatric care facility:

• court’s ruling to apply compulsory medical measures Part 2 of Article 513 of the Criminal Procedure Code of Ukraine);
• court’s / investigating judge’s ruling to apply a measure of restraint like placing persons in a psychiatric care facility under surveillance that would exclude their dangerous behavior (Part 3 of Article 508 of the Criminal Procedure Code of Ukraine).

Important: A prerequisite for hospitalization is a person’s ID.

V. Grounds for discharge from the specialized psychiatric care facility:

• court’s ruling to terminate compulsory medical measures (Part 1 of Article 514 of the Criminal Procedure Code of Ukraine);
• court’s ruling to change the type of compulsory medical measures applied (Part 1 of Article 514 of the Criminal Procedure Code of Ukraine);
• court’s / investigating judge’s ruling to change the applied measure of restraint (Article 205 of the Criminal Procedure Code of Ukraine);
• expiry of the period of validity of the ruling to enforce the measure of restraint (Article 203 of the Criminal Procedure Code of Ukraine).

VІ. Control over a specialized psychiatric care facility shall be exercised by:

• Prosecutor’s Office (Article 31 of the Law of Ukraine “On Psychiatric Care”);
• Ukrainian Parliament Commissioner for Human Rights (Ombudsman) (Article 19¹ of the Law of Ukraine “On the Ukrainian Parliament Commissioner for Human Rights”);
• Ministry of Health of Ukraine (Article 30 of the Law of Ukraine “On Psychiatric Care”).

VІІ. Regulations for a specialized psychiatric care facility:

• Constitution of Ukraine
• Fundamentals of the Legislation of Ukraine on Healthcare
• Law of Ukraine “On Psychiatric Care”
• Criminal Code of Ukraine
• Criminal Procedure Code of Ukraine
• Procedure for Organizing Psychiatric Care in case of Application of Measures of Restraint by a Court to a Person in respect of whom Compulsory Medical Measures are subject to be applied, or their application decided
• Rules for Applying Compulsory Medical Measures in a Specialized Psychiatric Care Facility
• Recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
• The Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights)
• Universal Declaration on Human Rights

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