124 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE Photo: At Kherson regional psychiatric hospital, 26.10.2012 The deficiencies in the regulatory framework of the Ministry of Health Care that entail instances of violation of human rights and freedoms include the following: – absence of model Provisions on psychiatric (neuropsychiatric) hospitals, their structural divisions and neuropsychiatric wards at general hospitals; – absence of security standards for compulsory treatment units, with relevant procedures for resident patients; – indication of specialization in the official names of hospitals; – discrepancies between existing personnel schedules and real needs in trained personnel, leading to excessive caseload of available staff ; – incompliance of Resolution No. 1138 of the Cabinet of Ministers of Ukraine (of September 17, 1996) “On approval of the list of paid services provided at public health care institutions and establishments of higher medical education” (where it relates to services of forensic psychiatric examination in cases on restriction of civil capacity or on pronouncement of a natural person incapable) with the requirements of the Code of Civil Procedure of Ukraine; – delays with adoption of the State Sanitary Rules and Standards “Hygienic requirements to equipment, maintenance and operational procedures of special schools of general education (boarding schools) for children in need of correction of physical and/ or mental development”.

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