Меню
The Department of the Committee of Labor, Social Protection and Migration in the city of Almaty, being an authorized body, exercises state control over compliance with the requirements of the Laws of the Republic of Kazakhstan "On Social Protection of Disabled people in the Republic of Kazakhstan", "On special social services". This function has been assigned to the Department since 2015 after amendments and additions were made to the Code of Administrative Offences of the Republic of Kazakhstan.
General data.
State control is carried out in the following areas:
- respect for the rights of persons with disabilities;
- Creating an accessible barrier-free environment for people with disabilities;
- in the provision of special social services by local executive bodies.
State control is carried out in the form of preventive control and unscheduled inspections with visits to subjects (objects) of control according to the Entrepreneurial Code of the Republic of Kazakhstan.
Preventive control is carried out only at those facilities, the list of which is indicated in the List of preventive control for the corresponding half-year, approved by order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan. Every half-year, the Department, on the basis of available data obtained during previous inspections, from information systems, from the media and other sources, creates a List of Preventive Control, which is approved by the corresponding order of the Minister. Based on the results of the preventive control carried out by the Department, the subject of control is given an order to eliminate the identified violations with specific deadlines, without bringing them to administrative responsibility.
Unscheduled inspections are carried out by the Department on the basis of appeals from individuals and legal entities on specific facts of violation of rights, causing harm to life, human health, the environment and the legal interests of individuals and legal entities, the state. According to the results of an unscheduled inspection, in case of identification of violations of the rights of persons with disabilities, the subject of the offense is given an appropriate order indicating the violations identified and the time frame for their elimination. Also, a person is brought to administrative responsibility in the form of a fine.
State control is carried out in accordance with the approved inspection sheets and only those requirements that are established in the inspection sheets are subject to verification.
On the issue of accessible, barrier-free environment for people with disabilities.
In 2015, Kazakhstan had ratified the United Nations Convention on the Rights of Persons with Disabilities and had undertaken to prevent discrimination against persons with disabilities and to take a number of measures to create an enabling environment for persons with disabilities to enjoy equal rights in society. One of these measures is the creation of a barrier-free environment accessible to persons with disabilities and the adaptation of social and transport infrastructure to the needs of low-mobility groups, ensuring access to cultural and entertainment events. Local executive bodies of the region are obliged to take all necessary measures to create an accessible environment and adapt facilities to the needs of people with disabilities. Control over the formation of barrier-free environment by the Department is carried out through monitoring, analysis of adaptation of social and transport infrastructure and inspections. If any violations are identified, the Department shall make appropriate instructions.
In conformity with Article 25, paragraph 3, of the Social Protection of Persons with Disabilities Act - the physical person who are carrying out business activity and also legal entities according to national standards are obliged to create conditions to disabled people for easy access to public vehicles, residential, public and industrial buildings, constructions and rooms, free orientation and movement at the airports, railway stations, bus stations, bus stations, sea and river ports.
In conformity with Article 83 of the Code of Administrative Offenses provides for administrative liability in the form of a fine on officials (heads of state structures) in the amount of 50 MRP, on small business entities 120 MRP, on medium-sized enterprises 200 MRP and on large-scale entrepreneurs 400 MRP.
On the issue of social protection of persons with disabilities.
On the basis of the rehabilitation potential of each disabled person and the replacement of the lost functions of the organism, an individual rehabilitation program (PSI) is being developed, by providing the local executive bodies with technical auxiliary (compensatory) means and in order to increase the level of socialization, persons with disabilities are covered by the services of an individual assistant and sign language specialist. The timely implementation of the IPR is constantly monitored by the Department through daily monitoring of the Centralized Database of Persons with Disabilities and the E-Sobes program, as well as during preventive control in the Employment and Social Programs of cities and districts of the region. If the recommended means and rehabilitation services are not provided in a timely manner, the Department shall take measures to eliminate the violations identified and brings the persons who have committed them to administrative or disciplinary responsibility.
For failure to provide persons with disabilities with types of social rehabilitation in accordance with an individual rehabilitation program for persons with disabilities, a fine of 20 MRP is imposed on officials.
On the issue of providing special social services (SSS)
The provision of these services in hospital and semi-stationary conditions in the territory of Almaty is carried out by the centers for the provision of FSS, which are under the jurisdiction of the State Institution "Department for the Coordination of Employment and Social Programs of the Akimat of Almaty". There Are 13 Centers In Total.
State control in this area is carried out by conducting preventive control of the Centers for the provision of SSU of the region. If violations are identified, the Department takes measures to eliminate the identified violations and bring their perpetrators to administrative or disciplinary responsibility.
For violation of the legislation of the Republic of Kazakhstan on special social services, according to Article 84 of the Code of Administrative Offenses provides for a fine for officials in the amount of 20 MRP, for small business entities or non-profit organizations - in the amount of 30 MRP, for medium business entities - in the amount of 40 MRP, for large business entities - in the amount of 60 MRP.
