Law of the Republic of Belarus

Law of the Republic of Belarus

No. 422-Z of July 23, 2008

[Amended as of June 4, 2015]

 

On Disability Prevention and Rehabilitation of Disabled Persons

 

Adopted by the House of Representatives on June 17, 2008

Approved by the Council of the Republic on June 28, 2008

 

The Present Law is aimed at determining legal and organizational foundations of disability prevention and rehabilitation of disabled persons with a view to prevent the cases of disability arising, improvement of disabled persons` life quality, their social adaptation and integration into society, as well as restoration and compensation of lost or impaired organism functions and existing restrictions of disabled persons` life activity in accordance with their interests and potential possibilities.

 

CHAPTER 1

GENERAL PROVISIONS

 

Article 1. Main Terms Used in the Present Law and Their Definitions

For the purposes of the present Law the following terms and their definitions are used:

adaptation of a disabled person – package of measures aimed at providing a disabled person with a level of self-service sufficient to his/her independent habitation, labor and other activity;

life activity – ability of an human organism to perform day-to-day activity in a way and within the limits, common for a human being;

disabled person –  a person with long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder his/her full and effective participation in society on an equal basis with others;

disability – social insufficiency specified by health disturbance (diseases, including anatomical fault, trauma) with a long-term organism dysfunction leading to limitation of life activity of the human being and necessity of social protection;

individual programme of rehabilitation of disabled persons - the document determining package of rehabilitation measures, specific types and terms of rehabilitation of the disabled person, as well as persons responsible for its implementation;

medical rehabilitation of disabled persons - package of measures aimed at restoration of human organism’s life activity and compensation of its functional abilities impaired as a result of previous diseases;

limitation of life activity – complete or partial loss by a person of ability or possibility to perform self-service, to move independently, to orientate, to communicate, to control the own behavior, to learn and to be engaged in a labor activity, which leads to impossibility to perform day-to-day activity in a way and within the extent, common for a human being, erects barriers in his/her habitat and leads to social insufficiency;

disability prevention – a system of social, medical., hygienic, pedagogical, professional and other measures, aimed at reduction of frequency and severity of disability;

professional rehabilitation of disabled persons - package of measures, aimed at complete or partial restoration of the ability to work, which include vocational guidance, vocational training, retraining and professional skill improvement of disabled person;

rehabilitation of disabled persons – a system of measures aimed at providing assistance to disabled persons in their achieving optimal physical, intellectual and social levels of activity, as well as supporting them through providing necessary means, services, information and in other ways which ensure life improvement and extension of their independence, which consists of medical, professional, labor and social rehabilitation;

social rehabilitation of disabled persons – package of measures aimed at improvement of disabled persons’ through creating for them conditions for independent habitation and integration into society;

labor rehabilitation of disabled persons - package of measures aimed at providing disabled persons with opportunity to obtain and/or to maintain employment appropriate for them, which includes adaptation to labor activity and job placement of disabled persons.

 

Article 2. Legislation of the Republic of Belarus on Disability Prevention and Rehabilitation of Disabled Persons

Legislation of the Republic of Belarus on disability prevention and rehabilitation of disabled persons is based on the Constitution of the Republic of Belarus and consists of the present Law, legislative acts of the Republic of Belarus on social protection of disabled persons and other acts of legislation of the Republic of Belarus, as well as treaties of the Republic of Belarus

If a treaty of the Republic of Belarus establishes other rules than those provided for by the present Law, the rules of the treaty are to be applied.

 

Article 3. International Cooperation in the Sphere of Disability Prevention and Rehabilitation of Disabled Persons

The Republic of Belarus implements international cooperation with foreign countries and international organizations in the sphere of disability prevention and rehabilitation of disabled persons in the order established by the legislation of the Republic of Belarus.

Referral of disabled persons to the rehabilitation outside the Republic of Belarus, providing that their rehabilitation in the Republic of Belarus is impossible, is performed in the order established by the legislation of the Republic of Belarus.

 

Article 4. Licensing in the Sphere of Disability Prevention and Rehabilitation of Disabled Persons

The licensing in the sphere of disability prevention and rehabilitation of disabled persons shall be carried out in accordance with the legislation of the Republic of Belarus on licensing.

 

CHAPTER 2

STATE REGULATION IN THE SPHERE OF DISABILITY PREVENTION AND REHABILITATION OF DISABLED PERSONS

 

Article 5. State Policy of the Republic of Belarus in the Sphere of Disability Prevention and Rehabilitation of Disabled Persons

State policy of the Republic of Belarus in the sphere of disability prevention and rehabilitation of disabled persons is expressed in the creation of legal, economical and social conditions for citizens` health protection, satisfaction of needs of disabled persons in rehabilitation means and rehabilitation procedures.

Basic principles of state policy of the Republic of Belarus in the sphere of disability prevention and rehabilitation of disabled persons are:

priority of measures on prevention of the cases of disability;

promotion of a healthy life-style;

creation of conditions for safe labour and rest of the population of the Republic of Belarus;

ensuring participation of disabled person’s public associations in development and implementation of state and local (territorial) programs in the sphere of disability prevention and rehabilitation of disabled persons;

liability of republic bodies of state administration, other state organizations, subordinated to the Government of the Republic of Belarus, local executive and administrative bodies, other organizations, for failure to fulfill measures aimed at disability prevention and rehabilitation of disabled persons;

State policy of the Republic of Belarus in the sphere of disability prevention and rehabilitation of disabled persons is aimed at:

creation of legal guarantees for development and improvement of the system of disability prevention and rehabilitation of disabled persons;

guaranteeing rights of disabled persons to medical, professional, labor and social rehabilitation;

determination of rights, duties, powers and responsibility of organizations in the sphere of disability prevention and rehabilitation of disabled persons.

 

Article 6. Powers of the President of the Republic of Belarus in the Sphere of Disability Prevention and Rehabilitation of Disabled Persons

The President of the Republic of Belarus determines the single state policy and carries out other powers in the sphere of disability prevention and rehabilitation of disabled persons in accordance with the Constitution of the Republic of Belarus, the present Law and other legislative acts of the Republic of Belarus.

 

Article 7. Powers of the Council of Ministers of the Republic of Belarus in the Sphere of Disability Prevention and Rehabilitation of Disabled Persons

The Council of Ministers of the Republic of Belarus, in the sphere of disability prevention and rehabilitation of disabled persons, shall:

ensure implementation of the single state policy;

ensure international cooperation development;

ensure development and implementation of state program;

exercise other powers in accordance with the Constitution of the Republic of Belarus, acts of the President of the Republic of Belarus and laws of the Republic of Belarus.

 

Article 8. Powers of Republic Bodies of State Administration and Other State Organizations, Subordinated to the Government of the Republic of Belarus, in the Sphere of Disability Prevention and Rehabilitation of Disabled Persons

Republic bodies of state administration and other state organizations, subordinated to the Government of the Republic of Belarus within their competence implement the single state policy in the sphere of disability prevention and rehabilitation of disabled persons.

Structural divisions on issues connected with disability prevention and rehabilitation of disabled persons shall be created in the Ministry of Labour and Social Protection, the Ministry of Health, and in the case of necessity also in other republic bodies of state administration and state organizations, subordinated to the Government of the Republic of Belarus, in accordance with the legislation of the Republic of Belarus.

 

Article 9. Powers of the Local Councils of Deputies, Local Executive and Administrative Bodies in the Sphere of Disability Prevention and Rehabilitation of Disabled Persons

The local Councils of deputies, local executive and administrative bodies in the sphere of disability prevention and rehabilitation of disabled persons, within their competence, shall:

develop and approve local (territorial) programs;

ensure financing their supervised state organizations which implement state and local (territorial) programs;

exercise other powers established by the legislation of the Republic of Belarus.

 

Article 10. Republic Interdepartmental Council on Disabled Person’s Problems

The Republic Interdepartmental Council on Disabled Person’s Problems shall be established by the Council of Ministers of the Republic of Belarus to coordinate the activity of state bodies which implement the single state policy in the sphere of disability prevention and rehabilitation of disabled persons, and to elaborate concerted actions aimed at ensuring implementation of the provisions of the present Law. Decisions of the Republic Interdepartmental Council on Disabled Person’s Problems, concerning issues within its competence are obligatory for execution by republic bodies of state administration, other state organizations, subordinated to the Government of the Republic of Belarus, local executive and administrative bodies, other organizations.

Regulations on the Republic Interdepartmental Council on Disabled Person’s Problems and its personal membership shall be approved by the Council of Ministers of the Republic of Belarus.

 

Article 11. Economic Incentive Measures for Organizations Engaged in Rehabilitation of Disabled Persons

The state ensures application of economic incentive measures and rendering of support to the organizations engaged in rehabilitation of disabled persons, in conformity with the present Law and other acts of legislation of the Republic of Belarus.

 

CHAPTER 3

STATE AND LOCAL (TERRITORIAL) PROGRAMS IN THE SPHERE OF DISABILITY PREVENTION AND REHABILITATION OF DISABLED PERSONS

 

Article 12. State-Wide and Local (Territorial) Programs in the Sphere of Disability Prevention and Rehabilitation of Disabled Persons

For the purposes of prevention of the cases of disability, reduction of disability frequency and severity, improvement of life quality of disabled persons, their social integration into society, unhampered access to social and other infrastructure, the Council of Ministers of the Republic of Belarus, the local Councils of deputies shall approve respectively state-wide and local (territorial) programs on disability prevention and rehabilitation of disabled persons, on creation of barriers-free habitat of disabled persons, other programs in the sphere of disability prevention and rehabilitation of disabled persons.

 

Article 13. State-Wide and Local (Territorial) Programs on Disability Prevention and Rehabilitation of Disabled Persons

The state-wide program on disability prevention and rehabilitation of disabled persons envisages the arrangements for:

disability causes study;

working out of measures for curtailment of health loss cases, including industrial safety, occupational diseases reduction, traffic accidents prevention and ensuring ecological safety;

working out of measures for organism dysfunction prevention through diseases;

optimization of incapacitating pathology’s early detection system;

creation of coordinated systematization of disabled persons rehabilitation;

preparation for independent personal care, including communication skills development, movement, communication with a special package of measures necessary for disabled persons` adaptation;

working out of measures to provide disabled persons with social rehabilitation’s technical means;

creation of conditions for professional capacity’s restoration, vocational training, retraining, and job placement of disabled persons;

personnel training for the organizations engaged in rehabilitation of disabled persons;

creation of conditions for development of creativity, physical culture and sport among disabled persons.

The state-wide program on disability prevention and rehabilitation of disabled persons shall be worked out by the interested republic bodies of state administration, other state organizations, subordinated to the Government of the Republic of Belarus with involvement of scientific organizations, institutions ensuring obtainment of higher education, public associations of disabled persons and be approved by the Council of Ministers of the Republic of Belarus at least once in five years.

Local executive and administrative bodies shall work out local (territorial) programs on disability prevention and rehabilitation of disabled persons, to be approved by the local Councils of deputies, on the basis of the state program on disability prevention and rehabilitation of disabled persons.

 

Article 14. State-Wide and Local Programs on Creation of Barriers-Free Habitat of Disabled Persons

The state-wide program on creation of barriers-free habitat of disabled persons shall envisage interdepartmental comprehensive approach to the solution of issues of elimination of natural, info-communicational and architectural barriers obstructing passage, access and free movement of disabled persons.

The state-wide program on creation of barriers-free habitat of disabled persons shall be worked out in the order envisaged by part two of Article 13 of the present Law. On the basis of the state-wide program on creation of barriers-free habitat of disabled persons, local executive and administrative bodies shall work out local (territorial) programs on creation of barriers-free habitat of disabled persons to be approved by the local Councils of deputies.

 

Article 15. Sources of Financing of State-Wide and Local (Territorial) Programs in the Sphere of Disability Prevention and Rehabilitation of Disabled Persons

Sources of financing of state-wide and local (territorial) programs on disability prevention and rehabilitation of disabled persons are:

funds of the republic and/or local budgets

gratuitous (sponsor) aid;

other sources not prohibited by the legislation of the Republic of Belarus.

 

Article 16. Participation of Disabled Persons` Public Associations and Other Public Associations in Implementation of State-Wide and Local (Territorial) Programs in the Sphere of Disability Prevention and Rehabilitation of Disabled Persons

Public Associations of disabled persons and other public associations take part in implementation of state-wide and local (territorial) programs in the sphere of disability prevention and rehabilitation of disabled persons

Organizations and individual entrepreneurs shall involve representatives of disabled persons` public associations, while deciding issues concerning disability prevention and rehabilitation of disabled persons, for preparation, adoption, and implementation of respective decisions.

 

CHAPTER  4

DISABILITY PREVENTION

 

Article 17. Measures for Disability Prevention

Disability Prevention includes a package of measures for:

improvement of ecological habitat of the human being;

counteraction of tobacco smoking, consumption of alcoholic beverages, consumption of drugs, psychotropic substances, analogues thereof, toxic and other stupefied substances;

formation of healthy life-style;

disease prevention;

ensuring of healthy and safe working conditions, improvement of labor conditions and protection with a view to prevent occupational injuries and occupational diseases;

road traffic injury prevention;

adoption of other measures aimed at prevention of the cases of disability, reduction of frequency and severity of disability.

State bodies and other organizations, within their competence, citizens are obliged to ensure implementation of measures on disability prevention.

 

Article 18. Popularization of Healthy Life-Style

With a view to prevent disability, the state shall ensure popularization of a healthy life-style through:

formation of citizens` need to observe the healthy life-style principles and to refuse consciously self-destructive behavior;

improvement of person`s health prestige as the main asset of the society;

dissemination of information about factors which affect negatively human health (drunkenness, smoking, drug and toxic dependency, hypodinamia, incorrect food);

formation of citizens` sense of responsibility for their own health and health of those belonging to their entourage.

The state shall restrict or in separate cases prohibit advertising aimed at promotion of goods (works, services) which may affect negatively people’s health, in accordance with the legislation of the Republic of Belarus on advertising.

 

Article 19. Disability Prevention among Children

State health care organizations shall ensure medical examination and ultrasonic screening of pregnant women in the terms determined by the Ministry of Health of the Republic of Belarus, with a view to detect congenital malformations leading to disability after the birth.

With a view of early detection of a mental retardation, impairment of sensory organs, motor system of a child, state health care organizations shall ensure maintaining, within the framework of the regular medical check-up, diagnostic arrangements according to medic indices, for all one-year-old children, including medico-genetic measures in conformity with the clinical protocols. The state shall ensure medical, pedagogical, psychological and speech pathology assistance for all children with health impairment.

 

Article 20. Industrial Accidents and Occupational Diseases Prevention

With a view of preventing industrial accidents and occupational diseases, the employers must ensure observance of labor protection requirements, informing of workers on labor conditions and protection, on existing health damage risk and necessary collective and personal protection equipment, organize the obligatory medical inspections of workers and fulfill other duties envisaged by the legislation of the Republic of Belarus on labor protection.

Diseases induced exclusively or primarily by the impact of harmful industrial factors shall be included in the list of occupational diseases which shall be used while establishing the diagnosis of an occupational disease, deciding issues concerning medical examination, including citizens` socio-medical examination, medical and professional rehabilitation.

The List of occupational diseases shall be approved by the Ministry of Health of the Republic of Belarus.

 

CHAPTER 5

DISABILITY DETERMINATION. RIGHTS OF DISABLED PERSONS UNDER THE REHABILITATION

 

Article 21. Disability Determination

Recognition of a citizen as a disabled shall be executed by the medical rehabilitation examining commissions in order determined by the Council of Ministers of the Republic of Belarus or a body authorized by the Council of Ministers of the Republic of Belarus.

Medical specialists, representatives of committees, departments (sections) on labor, employment and social protection of local executive and administrative bodies, insurance and other organizations may be involved in work of medical rehabilitation examining commissions without the right to vote.

Depending on the degree of manifestation of organism dysfunction and life activity’s restrictions, for persons recognized as disabled shall be determined the group and disability cause and for persons under the age of 18 shall be determined the category “disabled child” with establishing a health loss degree.

Reexamination of a disabled person is performed upon the expiry of the term of validity of the medical rehabilitation examining commission’s conclusion.

Disability shall be determined without establishing a term for re-examination:

in the event of long-term irreversible morphological changes, function impairments of organism organs and systems, irreversible impairments of life activity and social disadaptation in connection with impossibility and/or inefficiency of rehabilitation measures ( after three year observance by the medical rehabilitation examining commission);

in the event of anatomical defects the list of which is determined by the Ministry of Health of the Republic of Belarus;

for women above the age of 55 years, for men above the age of 60 years.

 

Article 22. Study of Causes, Factors and Conditions, Influencing Disability Origin

Republic bodies of state administration and other state organizations, subordinated to the Government of the Republic of Belarus, shall carry out, within their competence, the analysis of industrial, social, ecological and other causes of diseases origin, which lead to disability, with a view to study causes, factors and conditions influencing the disability origin.

With a view to form the data base of disabled persons, to analyze and record the disability structure, medical rehabilitation examining commissions shall keep the record card of a disabled person in the medical rehabilitation examining commission and the record card of a disabled child in the medical rehabilitation examining commission according to forms approved by the Ministry of Health of the Republic of Belarus.

 

Article 23. Individual Rehabilitation Program of Disabled Person

Individual rehabilitation program of a disabled person consists of three sections:

medical rehabilitation program;

professional and labor rehabilitation program;

social rehabilitation program of.

The form of individual rehabilitation program of a disabled person shall be approved by the Ministry of Health of the Republic of Belarus in agreement with the Ministry of Labor and Social Protection of the Republic of Belarus and the Ministry of Education of the Republic of Belarus.

While compiling the individual rehabilitation program of a disabled person, the physicians of the medical rehabilitation examining commission shall inform the disabled person about his/her rights provided for by the present Law.

Financing of activities on implementation of the individual rehabilitation program of a disabled person shall be carried out at the expense of the republic budget and/or local budgets and other sources not prohibited by the legislation of the Republic of Belarus.

 

Article 24. Rights of Disabled Persons in the Process of Rehabilitation

In the process of rehabilitation, disabled persons have the right to:

equal, respectful, nondiscriminatory attitude to them on the part of the persons participating in the process of rehabilitation;

full and true information about their rights and possibilities, as well as about the character, quality, and conditions of rehabilitation undergoing and carrying out;

involvement of representatives of disabled persons` public associations at any stage of the process of rehabilitation;

other rights envisaged by the legislation of the Republic of Belarus.

 

CHAPTER 6

MEDICAL REHABILITATION OF DISABLED PERSONS

 

Article 25. Medical Rehabilitation of Disabled Persons

 

The state ensures medical rehabilitation of disabled persons at the state health care organizations in the order established by the legislation of the Republic of Belarus on health care.

Medical rehabilitation of disabled persons is aimed at restoration of existing life activity restrictions, compensation for impaired organism functions and is based on the principles of complexity and succession of medical rehabilitation measures.

Medical rehabilitation of disabled persons shall be carried out in accordance with clinical protocols and the individual rehabilitation program of the disabled person.

 

Article 26. Organizations and Individual Entrepreneurs, Engaged in Medical Rehabilitation of Disabled Persons

Organizations which are engaged in disabled person`s medical rehabilitation include:

medical rehabilitation divisions of health care organizations;

theoretical and practical centers;

medicosocial and/or social rehabilitation centers;

medical-productive repair shops;

organizations the property of which is in ownership of disabled persons’ public associations which are engaged in medical rehabilitation;

other organizations engaged in medical rehabilitation.

Individual entrepreneurs are engaged in medical rehabilitation in the order determined by the legislation of the Republic of Belarus.

 

CHAPTER 7

PROFESSIONAL REHABILITATION OF DISABLED PERSONS. LABOR REHABILITATION OF DISABLED PERSONS

 

Article 27. Professional Rehabilitation of Disabled Persons

Professional rehabilitation of disabled persons is aimed at ensuring competitiveness of disabled persons at the labor market and shall envisage full or partial renewal of reduced or lost professional employment capacity through vocation guidance, as well as vocational training, retraining and improvement of vocational level of disabled person.

 

Article 28. Vocational Guidance of Disabled Persons

Vocational guidance of disabled persons includes:

analysis of medical, psychological, educational, vocational and social levels of disabled persons and its possible development;

vocational information and consultation;

vocational selection.

The Committee on Labor, Employment and Social Protection of the Minsk City Executive Committee, directorates (departments) on labor, employment and social protection of city and regional executive committees in accordance with individual rehabilitation program of the disabled person shall ensure the rendering of services on vocational guidance with a view to determine their possibilities for vocational training, retraining, improvement of qualification and subsequent employment having regard to their inclinations, as well as to labor market requirements.

 

Article 29. Obtaining of Education by Disabled Persons

The state guarantees to disabled persons, in conformity with their health level and cognitive capabilities, the right to free preschool, general secondary, vocational and technical education, additional education, with the exception of personnel retraining, and on a competitive basis, to free special secondary education and higher education, post-graduate education, additional education in the sphere of personnel retraining at state educational institutions, as well as in state organizations which are engaged in post-graduate education, in the order and on the terms envisaged by the legislation of the Republic of Belarus.

Disabled persons may exercise the right to education in the order established by the legislation of the Republic of Belarus on education.

 

Article 30. Vocational Training, Retraining and Upgrading of Qualification of Disabled Person

Vocational training, retraining and upgrading of qualification of disabled persons, including disabled persons registered as the unemployed at the Committee on Labor, Employment and Social Protection of the Minsk City Executive Committee, directorates (departments) on labor, employment and social protection of city and district committees may be carried out in the educational institutions and in other organizations in the order established by the legislation of the Republic of Belarus.

Retraining and upgrading of qualification of specialists with special secondary and higher education, which have disability, may be carried out in the institutions ensuring obtainment of special secondary and higher education, as well as in the institutions (their divisions) ensuring upgrading of qualification and retraining of personnel.

 

Article 31. Labor Rehabilitation of Disabled Persons

Labor rehabilitation of disabled persons is aimed at creation of conditions for disabled persons` labor and is performed at the employers with common working conditions, as well as at specialized working places, in specialized organizations, workshops and divisions.

A specialized working place constitutes a working place intended for disabled person’s work, working conditions at which do not contradict the individual rehabilitation program of the disabled person.

Employers are obliged to create working places for disabled persons, including specialized ones. A minimal number of such working places shall be established by local executive and administrative bodies or by special state programs. Expenses on creation of such working places for more than three percent of the median workers number shall be compensated at the expense of funds allocated to the financing of measures on public employment and of other sources not prohibited by the legislation of the Republic of Belarus. At the expense of these funds the expenditures for specialized equipment purchased for creation of working places for disabled persons are also compensated.

Creation and maintenance of specialized working places for disabled persons in the organizations the property of which is on ownership of public associations of disabled persons and in the organizations financed at the expense of the funds of republican and (or) local budgets are carried out at the expense of the funds directed to financing of measurements on provision of population’s employment and other sources not forbidden by the legislation of the Republic of Belarus.

The order of financing and compensation for expenses on creation and maintenance of working places for disabled persons shall be determined by the Council of Ministers of the Republic of Belarus.

The employer is obliged to create working places for disabled persons who became disabled as a result of a work-related injury or a occupational disease, on that productive premises. Expenses on creation of such working places shall be financed in the order determined by the Council of Ministers of the Republic of Belarus.

 

Article 32. Disabled Persons` Labor Adaptation

Disabled persons` labor adaptation is aimed at:

acquirement and improvement, by the disabled persons, of professional knowledge, abilities and labor skills with regard to their obtained or existing specialty (profession);

acquirement, restoration and development of disabled persons` existing labor abilities and their fixation in the course of carrying out labor activity;

upgrading competitiveness of disabled persons at the labor market.

Disabled persons` labor adaptation may be implemented in organizations and by individual entrepreneurs having necessary possibilities and conditions, according to assignment of the Committee on Labor, Employment and Social Protection of the Minsk City Executive Committee, directorates (departments) on labor, employment and social protection of city and district executive committees.

Organizations and individual entrepreneurs, creating and reserving working places for disability persons` labor adaptation, have the right to compensation of expenses on disabled persons` labor remuneration, financing of the purchase of equipment, materials and working clothes at the expense of funds allocated to financing of measures on ensuring public employment and of other sources not prohibited by the legislation of the Republic of Belarus.

The order of arrangement and financing of measures on disabled persons` labor adaptation shall be determined by the Council of Ministers of the Republic of Belarus.

 

Article 33. Disabled Persons` Job Placement

Disabled persons` job placement is carried out in the order established by the legislation of the Republic of Belarus, including through reservation of working places and creation of specialized working places for disabled persons` job placement.

 

Article 34. Organizations and Individual Entrepreneurs Engaged in Vocational and Labor Rehabilitation of Disabled Persons

Organizations which are engaged in vocational and labor rehabilitation of disabled person include:

educational institutions;

the Committee on Labor, Employment and Social Protection of the Minsk City Executive Committee, directorates (departments) on labor, employment and social protection of city and district executive committees;

organizations which create working places for disabled persons and organizations which carry out the disabled persons’ labor adaptation;

organizations the property of which is in ownership of disabled persons’ public associations which are engaged in professional and labor rehabilitation;

other organizations which are engaged in professional and labor rehabilitation of disabled persons.

Individual entrepreneurs are engaged in professional and labor rehabilitation in the order determined by the legislation of the Republic of Belarus.

 

CHAPTER 8

SOCIAL REHABILITATION OF DISABLED PERSONS

 

Article 35. Social Rehabilitation of Disabled Persons

Social rehabilitation of disabled persons includes:

social adaptation of disabled persons;

providing disabled persons with technical means of social rehabilitation;

social service for disabled persons at home, including rendering them everyday assistance;

development of creativity, physical culture and sports among disabled persons;

other types of social rehabilitation in conformity with individual rehabilitation program of the disabled person.

 

Article 36. Social Adaptation of Disabled Persons

Social adaptation of disabled persons is aimed at their psychological support and basic training of skills of the personal hygiene, self-service, movement, communication with a view to achieve the fullest satisfaction of disabled persons` needs and creation of optimal conditions for their integration into society, as well as adaptation of the environment to disabled persons needs.

Social adaptation of disable persons includes:

formation of disabled persons` habitat which ensures unhampered access to the social infrastructural objects, transportation means, communication facilities and information;

training of disabled persons for self-dependence;

training of disabled persons in movement, personal care skills and self-service procedures;

training of disabled persons in using technical means of social rehabilitation;

other measures to create a favorable social environment for disabled persons.

 

Article 37. Technical Means of Social Rehabilitation

The state shall promote the development of rehabilitation industry with a view to work out and organize the production of modern technical means of social rehabilitation.

The State Register (Specification) of technical means of social rehabilitation as well as the order of providing with such means shall be approved by the Council of Ministers of the Republic of Belarus.

Rental agencies and after-sale services of technical means of social rehabilitation shall be created in cities and districts.

Republic bodies of state administration authorized by the Council of Ministers of the Republic of Belarus, jointly with the disabled persons` public associations, shall analyze needs of disabled persons for technical means of social rehabilitation and shall submit proposals on changing and adding the State Register (Specification) of technical means of social rehabilitation.

Main tasks of rehabilitation industry organizations are:

development, mastering, production and realization of articles which facilitate labor and everyday life of disabled persons and compensate or restore lost or impaired organism functions;

providing disabled persons with technical means of social rehabilitation according to their needs;

rendering various repair and maintenance services of manufactured products;

introduction of new technologies into the production of technical means of social rehabilitation.

 

Article 38. Quality of Serially-Produced Specialized Articles Manufactured for the Disabled Persons

The quality of serially-produced specialized articles manufactured for disabled persons must conform with obligatory requirements of technical normative legal acts in the sphere of technical normalization and standardization.

Confirmation of conformity of serially-produced specialized articles manufactured for the disabled persons with the requirements of technical normative legal acts in the sphere of technical normalization and standardization shall be carried out in accordance with the legislation of the Republic of Belarus.

In the case of realization of serially-produced specialized articles manufactured for the disabled persons, which failed to obtain the confirmation of conformity with the requirements of technical normative legal acts in the sphere of technical regulation and standardization, if those articles are subject to the obligatory confirmation of conformity in accordance with the legislation of the Republic of Belarus, the producer (seller) bears liability in accordance with the legislative acts of the Republic of Belarus.

 

Article 39. Creativity, Physical Culture, and Sports among Disabled Persons

For the purposes of the social rehabilitation of disabled persons, the state ensures:

participation of disabled persons in the international, republic, regional and district cultural events;

creation associations of disabled persons on interests;

expansion of sports sections network for disabled person, organizing and maintaining fitness-and-recreation and mass-sport work among disabled persons;

creation by training and sporting institutions of sections on sport(s) included in Paralympics and Deaflympics games;

carrying out other events aimed at the creation, physical culture and sports development among disabled persons.

 

Article 40. Organizations and Individual Entrepreneurs Engaged in Social Rehabilitation of Disabled Persons

Organizations are engaged in social rehabilitation of disabled persons include:

state organizations subordinated to the republic bodies of state administration, other state organizations subordinated to the Government of the Republic of Belarus, within the competence of which falls holding of events aimed at improvement of disabled persons` life quality;

in-patient institutions of social service;

medicosocial and/or social rehabilitation centers;

centers of corrective and developing training and rehabilitation;

territorial centers of social public service;

organizations the property of which is in ownership of disabled persons` public associations;

organizations which are engaged in art creativity;

physical culture and sports organizations and other organizations carrying out activity in the sphere of physical culture and sport.

Individual entrepreneurs are engaged in social rehabilitation in the order determined by the legislation of the Republic of Belarus.

 

CHAPTER 9

MONITORING AND CONTROL IN THE SPHERE OF DISABILITY PREVENTION AND REHABILITATION OF DISABLED PERSONS. LIABILITY FOR VIOLATION OF LEGISLATION OF THE REPUBLIC OF BELARUS ON DISABILITY PREVENTION AND REHABILITATION OF DISABLED PERSONS

 

Article 41. Monitoring and Control in the Sphere of Disability Prevention and Rehabilitation of Disabled Persons

The Council of Ministers of the Republic of Belarus or a body authorized by it shall perform constant monitoring and control over implementation of state programs in the sphere of disability prevention and rehabilitation of disabled persons.

The appropriate committees, directorates (departments) on public health care, education, labor, employment and social protection of local executive and administrative bodies shall execute the control over implementation of individual rehabilitation programs of disabled persons and quality of rehabilitation.

 

Article 42. Liability for Violation of Legislation of the Republic of Belarus on Disability Prevention and Rehabilitation of Disabled Persons

Responsible persons shall bear liability for violation of legislation of the Republic of Belarus on disability prevention and rehabilitation of disabled persons in accordance with the legislative acts of the Republic of Belarus.

 

CHAPTER 10

FINAL PROVISIONS

 

Article 43. [Not given]

 

Article 44. Measures for Implementation of Provisions of the Present Law

The Council of Ministers of the Republic of Belarus, within six months after the date of the official publication of the present Law, shall:

bring the resolutions of the Government of the Republic of Belarus in conformity with the present Law;

ensure bringing normative legal acts of the republic bodies of state administration in conformity with the present Law;

take other measures necessary for implementation of provisions of the present Law.

 

Article 45. Entry into Force of the Present Law

The present Law enters into force in six months after its official publication, with the exception of the present Article and Article 44, which enter into force from the date of the official publication of the present Law.

 

President of the Republic of Belarus                                                                                                                                             . Lukashenko

 

* unofficial translation *