Law of the Republic of Belarus

Law of the Republic of Belarus

No. 1224-XII of November 11, 1991

[Amended as of November 16, 2010]

 

 

On Social Protection of Disabled Persons in the Republic of Belarus

 

The present Law is aimed at determining the state policy of the Republic of Belarus in relation to disabled persons and has the objective of implementing effective measures for their social protection, ensuring equality and rightful participation in society.

CHAPTER 1

General Provisions

 

 

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

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

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

social protection of disabled persons – a system of legal, organizational and social protection measures guaranteed by the state, providing disabled persons with conditions for overcoming, substituting (compensating) limitations of life activity and aimed at creation for them on an equal basis with other citizens opportunities to participate in society;

social support of disabled persons – a system of measures ensuring social guaranties for disabled persons, being established by the legislation;

specialized working place – a working place for disabled person’s work working conditions at which do not contradict an individual program for rehabilitation of the disabled person.

 

 

Article 2. Legislation on Social Protection of Disabled Person

Legislation on social protection of disabled persons is based on the Constitution of the Republic of Belarus and consists of the present Law, acts of the President of the Republic of Belarus, other normative legal acts, 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.

 

 

Article3. Scope of the Present Law

Present Law covers citizens of the Republic of Belarus, foreign citizens and stateless persons, who are permanently reside on the territory of the Republic of Belarus, being disabled persons regardless of cause and group of disability.

Disabled persons along with the rights provided by the present Law make use of rights provided for by other acts of legislation.

 

 

Article 4. State Policy of the Republic of Belarus in the Field of Social Protection of Disabled Persons

Every disabled person who is unable to satisfact the necessities of life by own forces has the right to guaranteed help on the part of the state.

State policy of the Republic of Belarus in the field of social protection of disabled persons is aimed at ensuring rightful participation of disabled persons in society and is carried out on the basis of the following principles:

observance of human rights;

prohibition of discrimination on the basis of disability;

ensuring accessibility of medical, social, professional and labour rehabilitation;

equal rights of disabled persons for health protection, education and free choice of labour activities along with other citizens;

interaction of state bodies with public associations of disabled persons.

Implementation of state policy of the Republic of Belarus in the field of social protection of disabled persons is carried out by state bodies within the limits of their competence. Other organizations, including public associations of disabled persons, individual entrepreneurs take part in implementation of state policy in that field.

 

 

Article 5.Republican Interdepartmental Council on Disabled Persons’ Problems

The Council of Ministers of the Republic of Belarus establishes the Republican Interdepartmental Council on Disabled Persons’ Problems to coordinate state policy in relation to problems of disability and to work out concerted actions aimed at ensuring fulfillment of provisions of the present Law. Membership of the Republican Interdepartmental Council on Disabled Persons’ Problems is formed from heads of republican bodies of state administration engaged in issues of labor, employment, social protection, public health care, education, transport, communications, housing construction, culture, sports and tourism, as well as of disabled persons’ public associations and other organizations.

The Prime-minister of the Republic of Belarus heads the Republican Interdepartmental Council on Disabled Persons’ Problems.

Regulations on the Republican Interdepartmental Council on Disabled Persons’ Problems and its personal membership are approved by the Council of Ministers of the Republic of Belarus.

 

 

Article 6. Protection of Rights, Freedoms and Legal Interests of Disabled Persons

Disabled persons have an inalienable right to respect for their human dignity. Protection of rights, freedoms and legitimate interests of disabled persons in the Republic of Belarus is guaranteed by the state and is ensured in the court or in another order prescribed by legislation.

 

 

Article 7. Liability for Violation of Legislation on Social Protection of Disabled Persons

For violation of the legislation on social protection of disabled persons those found responsible shall bear liability in accordance with legislative acts.

CHAPTER 2

Recognition of a Person as a Disabled. Rehabilitation and Medical Care of Disabled Persons

 

 

Article 8. Recognition of a Person as a Disabled

Recognition of a person as a disabled is executed by the medical rehabilitation examining commission. Provision on medical rehabilitation commissions, as well as the order and criteria of determination of the group and cause of the disability, and for persons under the age of 18 – health loss degree, are approved by the Council of Ministers of the Republic of Belarus or by a body authorized by it.

A disabled person is issued a certificate according to the form approved by the Council of Ministers of the Republic of Belarus. The order of issuance of disabled person’s certificate is determined by legislative acts.

 

 

Article 9. Rehabilitation of Disabled Persons

Rehabilitation of disabled persons is carried out in accordance with legislation on the basis of individual programs for rehabilitation of disabled persons being issued by medical rehabilitation examining commissions on the results of medical social examination.

An individual program of rehabilitation of a disabled person determines a complex of rehabilitation measures, types and terms of implementing the rehabilitation of the disabled persons, as well as persons responsible for its implementation.

An individual program of rehabilitation of a disabled person is obligatory for execution by respective state bodies, as well as by organizations and individual entrepreneurs engaged in rehabilitation of disabled persons.

Refusal of the disabled person or his/her legal representative of individual program of the disabled person in whole or of separate parts thereof exempts respective state bodies, as well as organizations and individual entrepreneurs engaged in rehabilitation of disabled persons from the responsibility for its execution.

 

 

Article 10. Medical Service of Disabled Persons

Medical service of disabled persons is carried out in the order established by legislation on public health care.

 

CHAPTER 3

Means of Interpersonal Communication

 

 

Article 11. Means of Interpersonal Communication of Disabled Persons with Hearing Impairment

For the communication of disabled persons with hearing impairments the finger language is used. The finger language is recognized by the state as a means of interpersonal communication.

 

 

Article 12. State Assistance for Finger Language

State assistance of finger language provides for:

maintenance and development of finger language;

inclusion of study of finger language in curricula of educational institutions providing improvement of qualification and retraining of specialists from bodies of labor, employment and social protection, of emergency situations, from law enforcement bodies, other state organizations;

organization of finger language translation;

rendering free services for finger language translation.

If a disabled person with hearing impairment is engaged in work of state bodies, other organizations, as well as in procedural actions and proceedings, the finger language translation is provided.

Financing of measures on finger language support is performed at the expense of funds of disabled persons’ public associations, funds of republican and/or local budgets, as well as of other sources not prohibited by legislation of the Republic of Belarus.

 

 

Article 13. Informational Support

State ensures the right of disabled persons with hearing impairment to obtaining information through electronic mass media by means of broadcasting television programs with subtitles or of translation into finger language.

Visually disabled persons of I or II group, public associations of visually disabled persons are exempted from the subscription fee for terminal subscriber’s units of wireless broadcasting network being in their usage, on terms and in the order determined by the Council of Ministers of the Republic of Belarus.

 

 

CHAPTER 4

Education of Disabled Persons

 

 

Article 14. Right to Education

In accordance with legislative acts disabled persons are guarantied the right to basic, additional and special education with regard to their state of health and cognitive capabilities.

When being enrolled in institutions providing obtainment of vocational and technical education, special secondary education and higher education disabled persons are granted benefits provided for by legislative acts.

 

 

Article 15. Special Conditions for Obtainment of Education by Disabled Persons

For disabled persons with psychophysical development peculiarities the special conditions for obtainment of education are created and a necessary correctional pedagogic help is provided with regard to their psychophysical development peculiarities, while obtaining basic , additional and special education.

 

 

Article 16. Organization of Educational Process for Disabled Persons

Educational institutions, organizations implementing basic, additional and special educational programs, other organizations, individual entrepreneurs, which in accordance with legislation have the right to carry out educational activity, organize educational process for disabled persons according to respective educational programs.

 

 

Article 17. Teaching and Training of Disabled Persons with Hearing Impairments

Teaching and training for disabled persons with hearing impairments are organized in Belarusian or Russian (verbally, in writing, by dactyls) and in finger language with use of loudspeaker equipment of common and individual use, technical means providing transfer of teaching material and other information on a visual basis.

Institutions providing obtainment of vocational and technical education, special secondary education and higher education carry out teaching and training of disabled persons with hearing impairments with use of translation to finger language. In doing so the institution of education provides conditions for translation to finger language.

 

 

Article 18. Teaching and Training of Disabled Persons with Visual Impairments

Teaching and training for disabled persons with visual impairments is carried out with use of typhlo-technical means and special equipment.

Teaching and training of blind persons are carried out on the basis of the Braille point system, of visually impaired persons – according to teaching textbooks edited in large print.

 

 

CHAPTER 5

Guarantees of Rights of Disabled Persons in the Sphere of Labour Relations

 

 

Article 19. Implementation of Right to Work by Disabled Persons

With a view to realize creative and productive capabilities of disabled persons and with regard to individual programs of disabled persons’ rehabilitation they are granted a right to work at employers with ordinary labour conditions, in specialized organizations, workshops and at sections where the labour of disabled persons is used, as well as the right to be engaged in entrepreneurial or other activities not prohibited by the legislation.

Refusal to conclude a labour contract or job promotion, dissolution of a labour contract on employer’s initiative, transfer of a disabled person to another job without his/her consent on the motives of disability are not allowed, with the exception of the cases when fulfillment of labour duties is contraindicated by the individual program of disabled person’s rehabilitation.

Dissolution of labour contract on the initiative of employer with the disabled persons going through medical, professional, labour and social rehabilitation at the respective organizations regardless of the term of being therein is not allowed.

 

 

Article 20. Job Placement of Disabled Persons

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

The order of placing the reservation for disabled persons’ employment is determined by the Council of Ministers of the Republic of Belarus.

A minimum number of working places, including specialized ones, for disabled persons’ job placement is established to employers 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 worker’s 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. At the expense of those funds they are also compensated expenses on purchased specialized equipment for creation of working places for disabled persons.

Creation and reservation of specialized working places for disabled persons at the organizations, the property of which are in the ownership of disabled persons’ public associations and of organizations being financed from republic and/or local budgets are carried out at the expense of funds allocated to financing of measures on public employment and of other sources not prohibited by the legislation.

The order of financing and compensation for expenses on creation and reservation of working places for disabled persons is 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 an occupational disease, on that premises. Expenses on creation of such working places are financed in the order determined by the Council of Ministers of the Republic of Belarus.

 

 

Article 21. Work from Home and Entrepreneurial Activity of Disabled Persons

Local executive and administrative bodies create necessary conditions for organization of work from home and entrepreneurial activity of disabled persons by means of allocation of non-residential premises for specified activities.

 

 

Article 22. Conditions for Labour and Rest of Disabled Persons

An employer creates necessary conditions of labour and rest for working disabled persons according to individual programs of rehabilitation of disabled persons.

Conditions for labour, including remuneration of labour, work schedule, established in the collective contract (agreement) or in the labour contract may not worsen the situation or restrict rights of disabled persons as compared with other workers.

Disabled persons are not established the preliminary test while employing.

Disabled persons of І and ІІ group are established shortened working hours not more than 35 hours per week, and the duration of everyday work activities (shift) may not exceed 7 hours.

An employer has the right to reduce output quotas for disabled persons depending on their health state.

Engaging of disabled persons in overtime work, work at state holidays and holidays, established and declared by the President of the Republic of Belarus as non-working, in work at days off and in nighttime is allowed only with their consent and provided that unless such works are prohibited to them by individual programs of rehabilitation of disabled persons.

At the reduction of the number or staff of workers disabled persons, when having equal productivity and qualification, have a priority right to remain employed.

Disabled persons who work at the organizations the property of which are in the ownership of disabled persons’ public associations, as well as at other specialized organizations, workshops and at the sections using labour of disabled persons have a priority right to remain employed regardless of productivity and qualification.

Duration of the leave for disabled persons is established by the Council of Ministers of the Republic of Belarus upon the agreement with the President of the Republic of Belarus.

 

 

Article 23. Compensation for Harm Caused to Health of a Worker as a Consequence of Industrial Accident or Occupational Disease

A worker who became disabled as a consequence of an industrial accident or occupational disease, the harm caused to health is compensated in accordance with legislation on obligatory insurance against industrial accidents and occupational diseases.

CHAPTER 6

Barriers-Free Habitat of Disabled Persons

 

 

Article 24. Ensuring of Unhampered Access to the Social and Industrial Infrastructural Objects

Republican bodies of state administration, local executive and administrative bodies, other organizations ensure for disabled persons necessary conditions for free access to social infrastructural objects, dwelling, public, manufacturing buildings and constructions, of unhampered use of public transport and transport communications, communications and information facilities, places for rest and leisure.

Control over implementation of the mentioned measures is carried out by the Republican interdepartmental council on disabled persons’ problems.

 

 

Article 25. Consideration of Needs of Disabled Persons while Designing and Constructing Social Infrastructural Objects

Design and development of settlements, formation of dwelling districts, working out of design decisions, construction and re-construction of buildings, structures, including airports, railway stations, bus stations, river ports, complexes and communications, as well as working out and production of the transport means of common use including individual ones, communication and informatization facilities are not allowed without adaptation of those objects and means to disabled persons’ use and access.

 

 

Article 26. Adaptation of Active Social Infrastructural Objects to Disabled Persons’ Use

Active infrastructural objects must be adapted to the access and use of disabled persons in the order and on the terms determined by respective republican bodies of state administration, by local executive and administrative bodies with the participation of disabled persons’ public associations.

In the case when it is impossible to adapt the mentioned objects to disabled persons’ access, the respective state bodies and other organizations must work out and implement necessary measures ensuring the satisfaction of disabled persons’ needs.

 

 

Article 27. Adaptation of Dwelling Premises for Access and Use of Disabled Persons

Dwelling premises occupied by disabled persons and by the families having a disabled person must be adapted for access and use of disabled persons.

Adaptation of mentioned dwelling premises is carried out by local executive and administrative bodies, other organizations under authority of which is housing fund with the participation of disabled persons’ public associations in accordance with technical normative acts in the field of architectural, town planning and construction activities.

Financing of specified measures is carried out at the expense of local budgets and of other sources not prohibited by legislation.

 

 

Article 28. Adaptation of Transport Means and Routes for Disabled Persons’ Use

Respective state bodies of state administration work out main principles and additional requirements on implementation of programs for manufacturing and re-equipment of transport means for use by disabled persons.

Programs shall provide for measures on:

re-equipment of railway stations, bus stations, river ports, airports which must be accessible for disabled persons including those with wheel chairs;

equipment of transport means with special facilities providing access and use to disabled persons including those with wheel chairs;

determination of special routes with a specified schedule of movement and stations of transport means on the demand of disabled persons.

 

 

Article 29. Providing Disabled Persons with Access and Use of Organizations of Culture and of Physical Culture and Sports Structures

Local executive and administrative bodies are obliged to provide disabled persons with necessary conditions for free access and use of organizations of culture and physical culture and sports structures for creation development, sports, as well as provide with special sports equipment.

Disabled persons use mentioned services free of charge or on preferential terms in accordance with the legislation.

 

 

Article 30. Providing Disabled Persons with Electrical Communications

The Ministry of Communications and Informatization of the Republic of Belarus provides necessary conditions for adaption of special electrical communications for disabled persons’ service and special telephone sets for the subscribers with hearing impairments.

CHAPTER 7

Social Support of Disabled Persons

 

 

Article 31. Social Support of Disabled Persons

Disabled persons are guaranteed social support on behalf of the state in the form of monetary payments (pensions, allowances, state targeted social assistance), provision with technical means of social rehabilitation, including wheel chairs, prosthetic and orthopedic appliances, print editions with special type, sound-amplifying equipment and signaling devices, as well as by means of rendering social services and housing and consumer services.

Terms and order of disabled persons’ pension retirement, allowance provision and of rendering state targeted social assistance are determined by legislative acts.

Provision of disabled persons with technical means of social rehabilitation is carried out in accordance with the State register (list) of technical means of social rehabilitation in the order determined by the Council of Ministers of the Republic of Belarus.

Local Councils of deputies, executive and administrative bodies, within the limits of their competence at the expense of local budgets may establish additional payments to all types of state pensions for disabled persons, as well as other measures of social support for disabled persons, take other decisions aimed at satisfaction of specific needs of disabled persons and at improvement of their life level.

 

 

Article 32. Housing and Consumer Service for Disabled Persons

While allocating dwelling premises local executive and administrative bodies, other organizations take into account needs of disabled persons in allotment to them of dwelling premises near their place of work, place of residence of their relatives, organizations engaged in rehabilitation of disabled persons.

Disabled persons, as well as the families with disabled persons upon their request are allocated the dwelling premises on lower floors (not higher than the third) or in houses with elevators.

Dwelling premises being allocated to disabled persons shall correspond to the sanitarian norms, rules and hygienic standards to be determined with regard to health state of disabled persons and to technical requirements being produced for dwelling premises.

Disabled persons registered as needed in improvement of housing conditions have the right for one-time allocation of dwelling premises of social use from the state housing fund out of turn in the order and on the terms established by legislative acts.

Disabled persons with locomotorium impairments are granted the right to construct garage near the place of residence.

 

 

Article 33 Rendering Social Services to Disabled Persons

Disabled persons are rendered social services in the order an on the terms established by the legislation on social service.

State promotes the development of the network of organizations of social service for disabled persons who need care and outside assistance.

 

 

Article 34. Sources of Finance for Social Support of Disabled persons

Social support for disabled persons are rendered at the expense of funds of republican and local budgets, of the Fund of Social Protection of Population of the Ministry of Labor and Social Protection of the Republic of Belarus and of other sources not prohibited by legislation.

CHAPTER 8

Public Associations of Disabled Persons

 

 

Article 35. Creation of Public Disabled Persons’ Public Associations

With a view to protect rights and legal interests, to render mutual assistance and services, disabled person and their legal representatives have the right to create public associations in the order established by the legislation.

 

 

Article 36. Participation of Public Associations of Disabled Persons and Public Associations of Disabled Persons’ Legal Representatives in Development and Implementation of Decisions Taken on Problems of Disabled Persons

Public associations of disabled persons and public association of disabled persons’ legal representatives (hereinafter – public associations of disabled persons), in accordance with their statutes, take part in solving the problems connected with social protection of disabled persons, as well as in financing respective measures.

Republican bodies of state administration, local executive and administrative bodies, other organizations while solving issues concerning interests of disabled persons involve representatives of disabled persons’ public associations in preparing and taking appropriate decisions, as well as in their implementation.

 

 

Article 37. Privileges in Taxation of Public Associations of Disabled Persons

Public associations of disabled persons and organizations the property of which is owned by those public associations are granted privileges in taxation in accordance wit tax legislation.

 

 

Article 38. The State and Public Associations of Disabled Persons

The state ensures observation of rights and legitimate interests of disabled persons’ public associations and creates conditions for the fulfillment by them of statute tasks, renders support and assistance to them .

Interference of state bodies and officials in the activities of disabled persons’ public associations are not allowed with the exception of the cases provided for by the legislation.

Issues affecting the interests of public associations of disabled persons are solved by the state bodies and by other organizations with the participation or upon agreement with respective public associations of disabled persons.

 

 

Article 39. Creation of Conditions for Economic Activities of Public Associations of Disabled Persons

Material and technical support of disabled persons’ public associations, organizations the property of which is owned by those public associations is carried out in the order determined by the legislation.

Products of organizations, intended for rehabilitation of disabled persons (technical means of social rehabilitation and facilities), is included in the state order and is provided with material and technical resources in first-priority order.

Construction of objects for disabled persons regardless of sources of finance may be included in the list of construction projects of the state order.

For public associations of disabled persons, organizations the property of which is owned by those public associations is established a preferential amount of fees for state social insurance.

 

 

Article 40. Allotment of Dwelling Premises Constructed at the Expense of Funds of Disabled Persons’ Public Associations

Dwelling premises constructed by public associations of disabled persons are allocated by the decision of public associations of disabled persons in accordance with housing legislation.

 

 

Article 41. International Relations of Public Associations of Disabled Persons

Public associations of disabled persons in accordance with their statutes may enter into the international (nongovernmental) associations, maintain direct international relations and contacts.

State bodies, the Republic Interdepartmental Council on Disabled Persons’ Problems, in accordance with legislation, render assistance and aid including financial one to the public associations of disabled persons in establishment and development of cooperation with similar public organizations of foreign countries in matters of rehabilitation of disabled persons, broadening cultural contacts, tourism and sport.

 

 

* unofficial translation *