On Referring Citizens to Medical-Labor Rehabilitation Centers
The Head of State, at a Security Council meeting, emphasized that every person in the country must feel absolutely protected from crimes: without this, there can be no talk of any legal well-being of society.
In the prevention of offenses committed by citizens abusing alcoholic beverages, their compulsory isolation in medical-labor rehabilitation centers for medical and social rehabilitation with mandatory involvement in labor plays an important role.
Compulsory isolation in medical-labor rehabilitation centers is a restrictive measure aimed at overcoming alcohol addiction, as well as a way to protect the rights of citizens suffering from the actions of individuals abusing alcoholic beverages.
According to the provisions of the Law of the Republic of Belarus "On the Procedure and Conditions for Referring Citizens to Medical-Labor Rehabilitation Centers and the Conditions of Their Stay Therein," individuals suffering from chronic alcoholism who, by their behavior related to alcohol abuse, systematically violate public order, labor discipline, or the rights of other citizens are subject to referral to medical-labor rehabilitation centers.
Citizens suffering from chronic alcoholism who have been brought to administrative responsibility three or more times within a year for committing administrative offenses while intoxicated, have been warned about the possibility of referral to medical-labor rehabilitation centers, and within a year after this warning, have been brought to administrative responsibility for committing an administrative offense while intoxicated, may be referred to medical-labor rehabilitation centers. Also, citizens who are obliged to reimburse the state for expenses incurred for the maintenance of children under state care, who have violated labor discipline twice within a year due to alcohol consumption, have been warned about the possibility of referral to a medical-labor rehabilitation center, and within a year after this warning, have violated labor discipline due to alcohol consumption.
The identification of such individuals and the preparation of materials for theirdirections to medical-labor dispensaries, the execution of relevant court decisions is handled by internal affairs bodies.
Whether a citizen suffers from chronic alcoholism, needs compulsory isolation and medical-social rehabilitation, or has diseases preventing their referral to a medical-labor dispensary, is determined by special medical commissions established in healthcare organizations.
Decisions on referral to a medical-labor dispensary are made by courts.
The Prosecutor's Office of Vitebsk Region conducted a generalization of judicial-prosecutorial practice in cases of this category, the results of which were reviewed at a joint meeting of the board of the regional prosecutor's office and the presidium of the Vitebsk Regional Court.
A study of civil cases showed that mainly unemployed men over 40 years old and women aged 25 to 40 years old, who are obliged to reimburse the state for the costs of maintaining children in state care, are sent to medical-labor dispensaries.
These citizens typically committed administrative offenses such as petty hooliganism, drinking alcoholic beverages in public places, appearing in public places or at work while intoxicated. Often, their actions harm family members, loved ones, neighbors, as well as other citizens. Constant drunkenness negatively affects the material well-being of the family.
Some individuals, when falling under the scrutiny of law enforcement and judicial bodies, attempted to get rid of alcohol addiction by administering appropriate medications or coding. However, these measures are not an unconditional reason to refuse referral to a medical-labor dispensary, because, in addition to this, the person must have a stable remission - abstinence from alcohol consumption for a year, proper behavior at home and at work, indicating an intention to lead a sober lifestyle.
The President of the Republic of Belarus also noted that the measures taken by law enforcement agencies to prevent and suppress domestic violence and household crime are insufficient. In this regard, all interested departments, especially internal affairs bodies, should conduct proactive work in this direction. Timely identify individuals prone to alcohol abuse and committing offenses, take preventive measures against them as provided by law, including referral to medical-labor dispensaries, in order to minimize possible negative consequences of their actions, as well as to protect the rights of other citizens.
Prosecutor of the Department for Supervision
of Compliance with the Law of Judicial
Decisions in Civil Cases I. Tavtyn