Ukraine
| Estimated number of people living with HIV: |
360,000 |
| Number of people prosecuted for HIV transmission: |
Information not available * |
| Number of people convicted for HIV transmission: |
Information not available ** |
* Four cases in the Donetsk region known to the All-Ukrainian Network of PLWH.
** Two cases in the Donetsk region known to the All-Ukrainian Network of PLWH.
|
Applicable law:
The law of Ukraine " About the prevention of disease AIDS and social protection of the population " from 1992, with changes brought in 1998, clause 14
The Criminal code of Ukraine (clause 130, a part 3 and 4)
Key wording in the law:
CHAPTER 2: CONDITIONS AND ORDER OF MEDICAL SURVEY FOR THE PURPOSE OF HIV-INFECTION DETECTION, REGISTRATION OF HIV INFECTED / AIDS PATIENTS, GRANTING MEDICAL CARE AND MEDICAL SUPERVISION TO THEM.
Article 9:
The person determined as HIV positive in accordance with the data of medical survey is notified about it by a health-care worker of health protection body, where the survey had been carried out, in view of the requirements of this Act about confidentiality of the specified information. Simultaneously HIV infected persons are notified on the necessity to adhere to preventive measures directed on the prevention of HIV-infection spreading, guarantees of observance of the rights and freedom of HIV-infected persons, and also about the criminal responsibility for the conscious exposing to danger of infection of other persons by HIV.
CHAPTER 3: CONSEQUENCES OF HIV INFECTION DETECTION AND HIV INFECTED PERSONS’ DUTIES
Article 14.
In case of reception from health authority the information about infection by HIV, the warning of necessity of observance of preventive measures for the purpose of the prevention of HIV-infection spreading and the criminal responsibility for conscious exposing to danger of infection or infection of other person (persons), HIV positive persons are obliged to fix in writing the fact of reception of the specified information and warning.
Article 15:
HIV-infected persons and the AIDS-patients are obliged:
- To arrange for the prevention of HIV-infection spreading, offered by health authorities, the first part of Article 9 of this Act;
- To inform the persons who were in sexual contact with them before detection of the presence HIV-infection and the possibility of their infection,
- To refuse from donorship of blood, its components, other biological liquids, crates, bodies and fabrics for use in medical practice.
Article 16:
HIV infected and living with AIDS foreigners, and also persons without citizenship, which do not carry out the offered by health protection bodies preventive measures, create by their behavior threat to health of other persons, and expelled from Ukraine, as established by the Act of Ukraine, "About the legal status of the foreigners", (3929-12) order.
- HIV-infected bears the criminal responsibility for the deliberate decision in threat of transmission HIV and infection HIV of other persons.
- Infection other 2 or more persons or a minor HIV or another incurable infectious disease, the person knowing, that it is the carrier of this virus which is punished by imprisonment from 3 up to 8 years.
- Deliberate infection of other person of a HIV or infectious disease which is dangerous to human life which is punished by imprisonment from 5 up to 10 years.
Discussion:
From the responses received, it appears there is no precise information available about the numbers of people prosecuted and convicted for HIV transmission in Ukraine. However the All-Ukrainian Network for PLWH has indicated that they know of at least four prosecutions attempts in the Donetsk region of Ukraine. Two of these led to convictions. UNAIDS indicated that the first prosecution was brought in the 1990s, but they do not have access to official statistical data. No information has been given as to the gender, mode of HIV transmission or occupation at the time of prosecution of the cases mentioned above.
Exposing someone to the risk of transmission as well as actual transmission is also punishable. The maximum sentence applicable is ten years’ imprisonment.
Completed questionnaires were received from the All-Ukrainian Network of PLWH and UNAIDS Ukraine.
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