UKRAINE | Constitutional Court decides on compulsory hospitalization of incapacitated persons

The Constitutional Court of Ukraine officially published the adopted decision following the constitutional submission of the Ukrainian Parliament Commissioner for Human Rights concerning compliance of the Constitution of Ukraine of part one of article 13 of the Law of Ukraine "On mental health services".

In the decision the Constitutional Court of Ukraine recognized the not corresponding to the Constitution of Ukraine. The law is concerning hospitalization of persons in mental health facilities and the consent of these trustees according to the decision of the psychiatrist without judicial control.

The Constitutional Court of Ukraine recommended to the Verkhovna Rada of Ukraine to bring urgently provisions of the legislation of Ukraine in the sphere of rendering mental health services in accordance with this decision.

The decision of the Constitutional Court of Ukraine is obligatory for execution in the territory of Ukraine, final and can't be appealed.

It is known that the Ukrainian Parliament Commissioner for Human Rights Ms. Valeriya Lutkovska applied to the Constitutional Court of Ukraine concerning constitutionality of provision of part one of article 13 of the Law of Ukraine "On mental health services"

Source: Ukrainian Parliament Commissioner for Human Rights

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