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This Law regulates public relations in the field of social protection of persons with disabilities in the Republic of Kazakhstan and defines the legal, economic and organizational conditions for ensuring social protection of persons with disabilities, creating equal opportunities for them to live and integrate into society.
Chapter 1. GENERAL PROVISIONS
Article 1. Basic concepts used in this Law
The following basic concepts are used in this Law:
1) special means of transportation - a type of technical assistance for active and passive movement of disabled people;
2) excluded by the Law of the Republic of Kazakhstan dated 03.12.2015 No. 433-V (effective from 01.01.2016);
3) professional orientation - a system of measures aimed at assisting a disabled person in choosing types of work;
4) reconstructive surgery is a surgical method of treatment aimed at restoring or compensating for impaired body functions;
5) medical and social expertise - determination in accordance with the established procedure of the needs of the examined person in social protection measures based on an assessment of the limitations of vital activity caused by a persistent disorder of body functions;
5-1) medical and social institution (organization) – an organization intended for permanent or temporary residence in a hospital, semi-hospital or day stay of the elderly, disabled people, including disabled people from among neuropsychiatric patients, disabled children in need of help and care, medical care;
6) medical rehabilitation - a complex of medical services aimed at the preservation, partial or complete restoration of impaired and (or) lost functions of the body;
7) disabled person – a person who has a health disorder with a persistent disorder of body functions caused by diseases, injuries (wounds, injuries, contusions), their consequences, defects, which leads to a restriction of vital activity and the need for his social protection;
8) a disabled child is a person under the age of eighteen who has a health disorder with a persistent disorder of body functions caused by diseases, injuries (wounds, injuries, contusions), their consequences, defects, which leads to a restriction of vital activity and the need for his social protection;
9) social rehabilitation of the disabled - a set of measures aimed at creating conditions for the disabled to overcome the limitations of life, restoring their social status, their social and environmental adaptation;
10) social protection of persons with disabilities - a set of measures for social assistance, rehabilitation, and integration of persons with disabilities into society;
11) special workplaces for the employment of disabled persons - workplaces equipped taking into account the individual capabilities of a disabled person;
12) professional rehabilitation of disabled persons - a set of measures aimed at obtaining or restoring the violated or lost professional skills, knowledge and abilities of disabled persons, their adaptation and employment;
13) excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (effective after ten calendar days after its first official publication);
14) social and environmental adaptation of disabled people - the process of possible achievement of self-service, independent living or return of disabled people to the usual conditions of family and social life;
14-1) specialized organizations of persons with disabilities – public associations of persons with disabilities, as well as organizations in which one hundred percent of the participation shares belong to public associations of persons with disabilities, provided that such associations and organizations meet the following conditions:
the average annual number of disabled people is at least 51 percent of the total number of employees;
expenses for the remuneration of disabled persons for the year amount to at least 35 percent of the total wage costs;
15) disability - the degree of restriction of a person's vital activity due to a violation of health with a persistent disorder of body functions;
16) individual rehabilitation program for a disabled person - a document defining the specific volumes, types and terms of rehabilitation of a disabled person;
17) mandatory hygiene products - products intended for the administration of natural physiological needs and needs;
18) prosthetic and orthopedic care - a specialized type of medical and technical assistance to provide disabled people with prosthetic and orthopedic means and training in their use;
19) prosthetic and orthopedic means - means replacing missing limbs or other parts of the body, compensating for impaired or lost body functions due to illness or damage to health;
19-1) sign language translation – translation using dactylic alphabet and (or) sign language from any language;
20) sign language means - technical means for correction and compensation of hearing defects, including amplifying means of communication and information transmission;
21) technical auxiliary (compensatory) means - prosthetic and orthopedic and surdo-typhlotechnical means and mandatory hygiene products;
22) typhlotechnical means - means aimed at correcting and compensating for the lost opportunities of the disabled as a result of a visual defect;
23) restriction of vital activity - the complete or partial loss of a person's ability or ability to carry out self-service, move independently, navigate, communicate, control their behavior, study and engage in work;
24) standards for the provision of special social services in the field of social protection of the population – regulatory legal acts establishing the quality, scope and conditions for the provision of special social services to disabled people and disabled children;
Footnote. Article 1 as amended by the Laws of the Republic of Kazakhstan No. 171 of July 7, 2006 (see Article 2 for the procedure for entry into force); No. 222 of January 12, 2007 (effective after 6 months from the date of its official publication); No. 124-V of 03.07.2013 (effective after ten calendar days after its first official publication); No. 152-V of 05.12.2013 (effective from 01.01.2006); No. 433-V of 03.12.2015 (effective from 01.01.2016).
Article 2. Legislation of the Republic of Kazakhstan on social protection of disabled persons
1. The legislation of the Republic of Kazakhstan on social protection of disabled persons 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, except in cases when it follows from the international treaty that the publication of the law of the Republic of Kazakhstan is required for its application.
Article 3. Scope of this Law
This Law applies to citizens of the Republic of Kazakhstan, foreigners and stateless persons permanently residing in the territory of the Republic of Kazakhstan.
The subjects of relations in the field of social protection of persons with disabilities are individuals and legal entities, as well as state bodies.
Chapter 2. STATE REGULATION OF SOCIAL
PROTECTION OF THE DISABLED
Article 4. State policy of the Republic of Kazakhstan in the field of social protection of disabled persons
The State policy of the Republic of Kazakhstan in the field of social protection of disabled people of the Republic of Kazakhstan is aimed at:
1) prevention of disability;
2) social protection, including rehabilitation of the disabled;
3) integration of disabled people into society.
Article 5. Principles of social protection of the disabled
The State policy of the Republic of Kazakhstan in the field of social protection of disabled persons is carried out on the basis of the principles:
1) legality, humanity, respect for human rights;
2) guarantees of social protection, ensuring the availability of medical, social and vocational rehabilitation;
3) accessibility and equal rights of persons with disabilities, along with other citizens, to health protection, education and free choice of occupation, including labor;
4) interaction of state bodies with public associations and other organizations performing functions to protect the rights and legitimate interests of persons with disabilities;
5) prohibition of discrimination on the basis of disability.
Article 6. Competence of the Government of the Republic of Kazakhstan in the field of social protection of disabled persons
Government of the Republic of Kazakhstan:
1) develops the main directions of the state policy in the field of social protection of the disabled;
2) excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (effective after ten calendar days after its first official publication);
3) excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (effective after ten calendar days after the date of its first official publication);
4) approves the procedure for the appointment and payment of scholarships to disabled persons studying under a state order or grant in accordance with the legislation of the Republic of Kazakhstan;
4-1) excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (effective after ten calendar days after the date of its first official publication);
5) creates a coordinating council in the field of social protection of persons with disabilities;
6) performs other functions assigned to him by the Constitution, laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.