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The procedure for the enactment of the Law of the Republic of Kazakhstan see Article 22
This Law regulates public relations arising in the provision of special social services for persons (families) in a difficult life situation.
Chapter 1. GENERAL PROVISIONS
Article 1. Basic concepts used in this Law
The following basic concepts are used in this Law:
1) special social services - a set of services that provide a person (family) in a difficult life situation with conditions for overcoming the social problems that have arisen and aimed at creating equal opportunities for them to participate in the life of society with other citizens;
2) entities providing special social services - individuals and (or) legal entities engaged in the state and non-state sectors for the provision of special social services;
3) standards for the provision of special social services - regulatory legal acts that establish the quality, scope and conditions for the provision of special social services;
4) social maladaptation - violation of the interaction of a person with the social environment;
5) social deprivation - restriction and (or) deprivation of the possibility of self-satisfaction by a person (family) of basic life needs;
6) social worker - an employee providing special social services and (or) carrying out an assessment and determination of the need for special social services, having the necessary qualifications that meet the established requirements;
7) social environment - a set of material, economic, social, political and spiritual conditions of existence, formation and activity of a person (family);
8) difficult life situation - a situation recognized on the grounds provided for by this Law as objectively violating a person's vital activity, which he cannot overcome on his own.
Article 2. Legislation of the Republic of Kazakhstan on special social services
1. The legislation of the Republic of Kazakhstan on special social services is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
2. If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those contained in this Law, the rules of the international treaty shall apply.
Article 3. Scope of this Law
This Law applies to citizens of the Republic of Kazakhstan, Candas, as well as foreigners and stateless persons permanently residing in the territory of the Republic of Kazakhstan.
Footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 13.05.2020 No. 327-VI (effective from 01.01.2021).
Article 4. The main principles and objectives of the state policy in the provision of special social services
1. The state policy in the sphere of providing special social services is based on the principles of:
1) respect for human rights;
2) humanity, voluntariness, confidentiality, targeting and accessibility of the provision of special social services;
3) ensuring equal opportunities for persons (families) in difficult life situations to receive special social services;
4) interaction of state bodies with entities providing special social services;
5) complexity;
6) social integration and improvement of the quality of life of the population;
7) non-discrimination.
2. The main objectives of the state policy in the provision of special social services are:
1) creating conditions for overcoming a difficult life situation in case of its occurrence;
2) provision of guaranteed volume of special social services;
3) ensuring compliance with standards for the provision of special social services;
4) development of a system for monitoring and evaluating the quality of special social services provided;
5) ensuring the development of the system of providing special social services;
6) implementation of state control in the provision of special social services;
7) development of international cooperation in the provision of special social services.
Footnote. Article 4 as amended by the Laws of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (effective after ten calendar days after the date of its first official publication); dated 02.07.2018 No. 165-VI (effective after ten calendar days after the date of its first official publication).
Chapter 2. TYPES AND GROUNDS FOR PROVIDING
SPECIAL SOCIAL SERVICES
Article 5. Types of special social services
1. Special social services include a guaranteed volume of special social services and paid special social services.
2. The guaranteed volume of special social services is a single list of special social services provided at the expense of budgetary funds.
2-1. The guaranteed volume of special social services is the minimum social standard in the field of social security in accordance with the Law of the Republic of Kazakhstan "On Minimum social standards and their guarantees".
3. Paid special social services are provided on a paid basis in excess of the guaranteed volume of special social services, in accordance with the procedure determined by the authorized body in the field of social protection of the population.
4. Special social services may include the provision of general services in the form of information, consulting, intermediary services.
5. Entities providing special social services employed in the public sector provide general services at the expense of budgetary funds.
6. Special social services must comply with the standards for the provision of special social services.
7. The list and procedure for providing additional volume of special social services provided in excess of the guaranteed volume of special social services are approved by local representative bodies of oblasts (cities of republican significance and the capital).
8. The procedure for providing special social services to minors who are in an educational organization with a special regime of detention is approved by the Government of the Republic of Kazakhstan.
Footnote. Article 5 as amended by the Laws of the Republic of Kazakhstan dated 05.07.2014 No. 236-V (effective from 01.01.2015); dated 19.05.2015 No. 315-V (effective after ten calendar days after the date of its first official publication); dated 03.12.2015 No. 433-V (effective from 01.01.2016); dated 20.06.2017 No. 76-VI (effective from 01.07.2017); dated 28.12.2018 No. 210-VI (effective after ten calendar days after the date of its the first official publication).
Article 6. Grounds on which a person (family) can be recognized as being in a difficult life situation
1. A person (family) may be recognized as being in a difficult life situation on the following grounds:
1) orphanhood;
2) lack of parental care;
3) neglect of minors, including deviant behavior;
4) the presence of minors in special educational organizations, educational organizations with a special regime of detention;
5) limiting the possibilities of early psychophysical development of children from birth to three years;
6) persistent violations of body functions caused by physical and (or) mental capabilities;
7) restriction of vital activity due to socially significant diseases and diseases that pose a danger to others;
8) inability to self-care due to old age, due to illness and (or) disability;
9) ill-treatment that led to social maladaptation and social deprivation;
10) homelessness (persons without a fixed place of residence);
11) release from places of deprivation of liberty;
12) being registered with the probation service.
2. The criteria for assessing the presence of ill-treatment that led to social maladaptation and social deprivation are determined by the Ministry of Internal Affairs of the Republic of Kazakhstan together with the authorized bodies in the field of social protection of the population, health and education.
Forms of ill-treatment that led to social maladjustment and social deprivation are actions related to domestic violence, trafficking in persons, including minors, other types of exploitation, as well as kidnapping, regardless of whether criminal proceedings have been initiated regarding the actions committed.
Footnote. Article 6 as amended by the Laws of the Republic of Kazakhstan dated 15.02.2012 No. 556-IV (effective after ten calendar days after its first official publication); dated 18.02.2014 No. 175-V (effective after ten calendar days after the date of its first official publication); dated 05.07.2014 No. 236-V (effective from 01.01.2015); dated 29.09.2014 No. 239-V (effective after ten calendar days after the date of its first official publication); dated 18.04.2017 No. 58-VI (effective after ten calendar days after the day of its first official publication); dated 20.06.2017 No. 76-VI (effective from 01.07.2017); dated 01.04.2019 No. 240-VI (effective after ten calendar days after the day of its first official publication).
Chapter 3. STATE REGULATION
PROVISION OF SPECIAL SOCIAL SERVICES
Article 7. Competence of the Government of the Republic of Kazakhstan in the provision of special social services
Government of the Republic of Kazakhstan: