On Special Social Services

The Law of the Republic of Kazakhstan dated 29 December, 2008 No.114-IV

Unofficial translation

      Note of RCLI!
      Order of enforcement of the Law of the Republic of Kazakhstan see Article 22

      This Law regulates the social relations, arising in the scope of provision of special social services, for persons (families) being in tight real-life situation.

Chapter 1. GENERAL PROVISIONS

Article 1. Basic definitions used in this Law

      The following basic definitions shall be used in this Law:
      1) special social services – a set of services, providing conditions to the person (family) being in tight real-life situation for overcoming existing social problems and oriented to creation of opportunities for them being equal with other citizens for participation in life of society;
      2) subjects, providing the special social services, - individuals and (or) legal entities, engaged in the state and non-state sectors on providing special social services;
      3) the standards of rendering the special social services – regulatory legal acts, establishing the quality, volume and conditions of providing special social services;
      4) social disadaptation - violation of interaction of a person with social environment;
      5) social deprivation – restriction and (or) deprivation of opportunity of independent satisfying basic necessities of life by person (family);
      6) social employee – an employee, rendering the special social services and (or) carrying out an assessment and determination of necessity in the special social services, having required qualification, conforming to 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) tight real-life situation – a situation, recognized on the grounds, provided by this Law objectively violating life activity of human, which he (she) may not overcome on their own.

Article 2. The 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 the international treaty, ratified by the Republic of Kazakhstan establishes the other rules, than those provided by this Law, the rules of international treaty shall be applied.

Article 3. The scope of application of this Law

      Force of this Law shall be applied to the citizens of the Republic of Kazakhstan, oralmans, as well as foreigners and stateless persons permanently residing in the territory of the Republic of Kazakhstan.

Article 4. Basic principles and tasks of the state policy in the scope of providing special social services

      1. The state policy in the scope of providing special social services is based on the following principles:
      1) respect for human rights;
      2) humanity, voluntariness, confidentiality, targeting and accessibility of providing special social services;
      3) ensuring the equal opportunities in obtainment of special social services by persons (families) being in tight real-life situation;
      4) interaction of state bodies with subjects, providing special social services;
      5) complexity;
      6) social integration and quality improvement of life of population.
      2. Basic tasks of the state policy in the scope of providing special social services shall be:
      1) creating conditions for overcoming tight real-life situation in the case of its occurrence;
      2) provision of the guaranteed volume of special social services;
      3) provision of observance of standards of rendering the special social services;
      4) development of monitoring system and qualitative assessment of rendered special social services;
      5) ensuring development of system of providing special social services;
      6) carrying out of the state control of observance of the legislation of the Republic of Kazakhstan on special social services;
      7) development of international cooperation in the scope of provision of special social services.

Chapter 2. TYPES AND GROUNDS OF PROVIDING SPECIAL SOCIAL SERVICES

Article 5. Types of special social services

      1. Special social services shall include a guaranteed volume of special social services and paid special social services.
      2. Guaranteed volume of special social services is the unified list of special social services, rendered at the expense of budget funds.
      3. Paid special social services shall be rendered on a paid basis over the guaranteed volume of special social services.
      4. Special social services may include provision of services of general nature in the form of information, consulting, intermediary services.
      5. Subjects providing special social services, engaged in the state sector shall render the services of general nature at the expense of budget funds.
      6. Special social services shall comply with standards of rendering the special social services.
      7. The list and procedure of providing additional volume of special social services, provided over the guaranteed volume of special social services, shall be approved by representative bodies of regions (city of republican significance and the capital).

      Note of RCLI!
      Article 5 is provided to be supplemented by paragraph 8 in accordance with the Law of the Republic of Kazakhstan dated 05.07.2014 No. 236-V (shall be enforced from 01.01.2015).

Article 6. Grounds, on which the person (family) may be recognized as being in tight real-life situation

      1. A person (family) may be recognized as being in tight real-life situation for the following grounds:
      1) orphanage;
      2) lack of parental care;
      3) neglect of minors, as well as deviant behavior;
      Note of RCLI!
      Paragraph 1 is provided to be supplemented by subparagraph 3-1) in accordance with the Law of the Republic of Kazakhstan dated 05.07.2014 No. 236-V (shall be enforced from 01.01.2015).
      4) restriction of opportunities of psycho physical forwardness of children from birth to three years;
      5) permanent disability of body functions, associated by physical and (or) mental capacities;
      6) restriction of life activity due to the socially significant diseases and diseases, constituting a danger to others;
      7) incapacity to self-service due to advanced age, in consequence of earlier diseases and (or) disability;
      8) inhuman treatment that led to the social disadaptation and social deprivation;
      9) homelessness (persons without definite place of residence);
      10) release from the places of detention;
      11) being registered of probation service of penal inspection.
      2. The Ministry of internal affairs of the Republic of Kazakhstan jointly with the authorized bodies in the field of health care service and social protection of population, education shall determine an assessment criterion of existence of inhuman treatment, led to the social disadaptation and social deprivation.
      The forms of inhuman treatment, led to the social disadaptation and social deprivation are the actions, related with domestic violence, human trafficking, as well as minors, other types of their exploitation, as well as kidnapping independently from existence of a fact of commencement of criminal proceeding on the occasion of performed acts.
      Footnote. Article 6 as amended by the Laws of the Republic of Kazakhstan dated 15.02.2012 No. 556-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 18.02.2014 No. 175-V(shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V 9shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Chapter 3. THE STATE REGULATION OF PROVISION OF SPECIAL SOCIAL SERVICES

Article 7. The competence of the Government of the Republic of Kazakhstan in the scope of provision of special social services

      The Government of the Republic of Kazakhstan shall:
      1) develop the basic directions of the state policy in the scope of provision of special social services;
      2) approve the list of guaranteed volume of special social services;
      3) Is excluded from 15.07.2011 No. 461-IV(shall be enforced from 30.01.2012);
      4)determine the special procedure of the public procurement in a manner of competitive tender of special social services on provision of guaranteed volume of special social services;
      5) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);
      6) exercise other functions, imposed on it by the Constitution, the Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
      Footnote. Article 7 as amended by the Laws of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 15.07.2011 No. 461-IV (shall be enforced from 30.01.2012); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 8. The competence of the authorized body in the field of health care service and social protection of population

      An authorized body in the field of health care service and social protection of population within the competence shall:
      1) realize the state policy in the scope of provision of special social services;
      2) develop and approve the standards of rendering the special social services;
      3) develop and approve procedure of attesting social employees in coordination with the authorized body in the field of education;
      4) develop and approve:
      qualification requirements to social employees;
      5) develop and approve procedure of assessment and determination of necessity in special social services in coordination with the authorized body in the field of education;
      6) provide:
      monitoring on provision of special social services;
      carrying-out of an analysis of population needs in the special social services;
      development of international cooperation in the scope of providing special social services;
      7) carry out:
      control of observance of the legislation of the Republic of Kazakhstan on special social services;
      coordination of activity on methodological support of the system of providing special social services;
      interaction with individuals and legal entities, authorized body in the field of education and other state bodies on issues of providing special social services;
      other powers, provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      Footnote. Article 8 is in the wording of the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 9. Competence of the authorized body in the field of health care service

      Footnote. Article 9 is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 10. Competence of the authorized body in the field of education

      An authorized body in the field of education within the competence shall:
      1) realize the state policy in the scope of providing special social services;
      2) develop and approve the standards of rendering special social services in the scope of education;
      3) develop and approve in coordination with the authorized body in the field of health care service and social protection of population the qualification requirements to social employees and procedure of their attesting;
      4) approve the list of specialties of social employees, the standards of their training and raising of qualification;
      5) provide:
      conduct of monitoring on provision of special social services;
      carrying-out of an analysis of population needs in the special social services;
      development of international cooperation in the scope of providing special social services;
      5) carry out:
      control of observance of the legislation of the Republic of Kazakhstan on special social services;
      interaction with individuals and legal entities, authorized body in the field of health care service and social protection of population and other state bodies on issues of providing special social services;
      other powers, provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      Footnote. Article 10 is in the wording of the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 11. Competence of local executive bodies of regions (city of republican significance and the capital), districts (cities of regional significance)

      1. Local executive bodies of regions (city of republican significance and the capital) within the competence shall:
      1) realize the state policy in the scope of providing special social services;
      2) carry out:
      interaction with individuals and legal entities and authorized bodies on issues of providing special social services;
      3) provide:
      creation and activity of subjects providing special social services, being under their supervision;
      provision of the guaranteed volume of special social services by the subjects, providing special social services;
      carrying-out of an analysis of population needs in the special social services;
      4) organize the staffing support of subjects, providing special social services, professional training, retraining and raising of qualification of social employees;
      5) take measures on development of the system of providing special social services;
      6) develop and represent the list and procedure of provision of additional volume of special social services, provided over the guaranteed volume of special social services for approval of the local representative bodies of regions (city of republican significance and the capital);
      7) carry out public procurement, as well as place the state social order on providing special social services and services on assessment and determination of necessity in the special social services;
      8) exercise other powers, imposed on local executive bodies in the interests of local state management by the legislation of the Republic of Kazakhstan.
      2. Local executive bodies of districts (cities of regional significance) within the competence shall:
      1) realize the state policy in the scope of providing special social services;
      2) provide creation and activity of subjects, providing special social services, being under their supervision;
      3) organize the staffing support of subjects, providing special social services, professional training, retraining and raising of qualification of social employees;
      4) provide carrying-out of an analysis of population needs in the special social services;
      5) carry out the public procurement, as well as place the state social order on providing special social services and services on assessment and determination of necessity in the special social services;
      6) take measures on development of the system of providing special social services;
      7) interact with individuals and legal entities and state bodies on issues of providing special social services;
      8) exercise other powers, imposed on local executive bodies in the interests of local state management by the legislation of the Republic of Kazakhstan.
      Footnote. Article 11 as amended by the Laws of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 15.07.2011 No. 461-IV(shall be enforced from 30.01.2012).

Chapter 4.ORGANIZATION OF PROVIDING SPECIAL SOCIAL SERVICES TO PERSON (FAMILY), BEING IN TIGHT REAL-LIFE SITUATION

Article 12. Rights and obligations of person (family), being in tight real-life situation

      1. A person (family), being in tight real-life situation shall have a right to:
      1) apply for provision of special social services;
      2) receive information on his (her) rights, obligations and conditions of providing special social services;
      3) participate in conducting assessment and determination of necessity in the special social services;
      Note of RCLI!
      Subparagraph 4) is provided to be in the wording of the Law of the Republic of Kazakhstan dated 05.07.2014 No. 236-V (shall be enforced from 01.01.2015).
      4) choose the subjects, providing the guaranteed volume of special social services and (or) paid special social services;
      5) receive or refuse from provision of special social services;
      6) appeal actions (omission) of civil servants, as well as subjects, providing special social services, in the manner, established by the Laws of the Republic of Kazakhstan;
      7) confidentiality of information of personal character, become well known to civil servant or subjects, providing special social services.
      2. A person (family), being in tight real-life situation, shall be obliged to:
      1) provide comprehensive and reliable information for determination of necessity and adoption of decision on provision of special social services;
      2) not to prevent to the process of assessment and determination of necessity in the special social services;
      3) inform in a timely manner the subjects, providing special social services on change of circumstances, affecting to their provision.

Article 13. Application of person (family), being in tight real-life situation for provision of the special social services

      1. A person (family), being in tight real-life situation shall apply for provision of the special social services at the place of residence (except for the case, provided by paragraph 7 of Article 15 of this Law) by filling of a written application:
      1) for the guaranteed and (or) additional volume of the special social services, provided over the guaranteed volume, to the local executive bodies of districts (cities of regional significance);
      2) for the paid services to the subjects, providing special social services;
      3) for the guaranteed and (or) additional volume of special social services, provided over the guaranteed volume, to the subjects, providing special social services to the persons (families), being in tight real-life situation due to inhuman treatment, led to the social disadaptation and social deprivation, as well as subjects, rendering assistance to the persons injured from domestic violence.
      2. In the interests of person (family), being in tight real-life situation, with application on provision of the special social services with specification of reason, on which a person (family) do not apply independently, may apply:
      1) one of the adult members of the family;
      2) trustee (guardian);
      3) akim of rural settlement, village, rural district;
      4) a person by power of attorney in accordance with civil legislation of the Republic of Kazakhstan;
      5) subject, providing special social services to the person (family), being in tight real-life situation due to inhuman treatment, led to the social disadaptation and social deprivation;
      6) organization on rendering assistance, created in accordance with the Law of the Republic of Kazakhstan “On preventive measures of domestic violence”.
      Footnote. Article 13 as amended by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 18.02.2014 No. 175-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 14. Assessment and determination of necessity in the special social services

      1. Provision of special social services shall be carried out on the basis of assessment and determination of necessity in the special social services of person (family), being in tight real-life situation, determined by the social employee on assessment and determination of the necessity in the special social services.
      2. Criterions upon assessment and determination of necessity in the special social services are:
      1) restriction of life activity;
      2) social disadaptation;
      3) social deprivation;
      4) unfavorable social environment.
      3. Social employee shall assess and determine necessity in the special social services within ten business days from the date of reception of application from persons, mentioned in Article 13 of this Law, under instruction of local executive bodies of districts (cities of regional significance) in the manner, established by subparagraph 3) of Article 8 of this Law.
      4. On the basis of assessment and determination of necessity in the special social services, social employee on assessment and determination of necessity in the special social services shall prepare conclusion, in which a type of service, category of a recipient, place of provision, duration of providing the service, content of service, individual peculiarities are determined.

Article 15. Provision of special social services

      1. Provision of guaranteed and additional volume of special social services, provided over the guaranteed volume shall be carried out on the basis of decision of local executive bodies of districts (cities of regional significance) in the case of their provision at the expense of budget funds.
      2. Decision on providing special social services to the person (family), being in tight real-life situation shall be adopted by local executive bodies of districts (cities of regional significance), at the expense of budget funds, within three business days from the date of reception of conclusion of social employee on assessment and determination of necessity in the special social services.
      Before adoption of decision on providing special social services to the person (family), being in tight real-life situation due to inhuman treatment, led to the social disadaptation and social deprivation by local executive bodies of districts, cities of regional significance, this person (family) may reside in the subjects, providing special social services or rendering assistance to persons injured from domestic violence, in the case of their provision (rendering) at the expense of budget funds.
      3. In case of refusal in providing special social services at the expense of budget funds, local executive bodies of districts (cities of regional significance) shall inform an applicant with specification of the reason for refusal in a written form and return the documents, presented for assessment and determination of necessity in the special social services, in the manner established by the legislation of the Republic of Kazakhstan.
      4. Grounds for refusal in provision of special social services shall be:
      1) inconsistency to the grounds mentioned in Article 6 of this Law;
      2) unreliability of presented details and documents.
      5. Provision of special social services shall be carried out by subjects providing special social services at the expense of budget funds, from the date of adoption of decision on its rendering.
      6. Provision of paid special services shall be carried out in accordance with an agreement, concluded by a person (family), being in tight real-life situation, and subjects, providing special social services.
      7. Special social services shall be provided to the person (family), being in tight real-life situation due to inhuman treatment, led to the social disadaptation and social deprivation independently from the place of residence.
      Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated 18.02.2014 No. 175-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 16. Rights and obligations of social employees

      1. Social employee shall have a right to:
      1) introduction of new methods into the scope of provision of special social services, engage in research activities;
      2) free choice of methods and forms of organizing the activity in the scope of provision of special social services upon condition of compliance with standards of rendering of special social services;
      3) raising of qualification no less frequently than once every five years.
      2. Social employee, carrying out an assessment and determination of necessity in the special social services, except for the rights, established by paragraph 1 of this Article, shall have a right to:
      1) request and receive necessary information from the local executive bodies;
      2) attract the necessary specialists for assessment and determination of necessity in the special social services.
      3. Social employee shall be obliged to:
      1) have the relevant theoretical and practical knowledge in the field of his (her) professional competence;
      2) ensure the quality of provided special social services;
      3) not to disclose confidential information on person (family), being in tight real-life situation;
      4) not to admit discrimination in relation of person (family), being in tight real-life situation;
      5) improve professional skills on a regular basis;
      6) undergo attestation no less frequently than once every five years.
      Social employee carrying out assessment and determination of necessity in the special social services, except for obligations, established by paragraph 3 of this Article, shall be obliged to assess and determine necessity in a quality manner in provision of special social services to the person (family), being in tight real-life situation.

Article 17. Rights and obligations of subjects, providing special social services

      1. Subjects, providing special social services shall have a right to:
      1) participate in competitive tenders for provision of special social services, services on assessment and determination of necessity in the special social services, rendered at the expense of budget funds, in accordance with the legislation of the Republic of Kazakhstan on public procurement and state social order;
      2) provide the special social services on a paid basis;
      3) carry out an assessment and determination of necessity in the special social services;
      4) request and receive necessary information from the local executive bodies for assessment and determination of the volume and types of special social services, except for the cases, provided by the legislation of the Republic of Kazakhstan.
      2. Subjects, providing the special social services shall be obliged to:
      1) comply with the standards of rendering the special social services;
      2) create conditions, required for provision of special social services;
      3) respect the dignity of recipients of special social services and members of their family;
      4) treat humanly and not to allow discriminating actions in relation to the recipients of special social services and members of their family;
      5) ensure confidentiality upon provision of special social services, except for the cases, provided by the Laws of the Republic of Kazakhstan;
      6) provide training and raising of qualification of social employees.

Article 18. Licensing of the activity on provision of special social services

      Footnote. Article 18 is excluded by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced from 30.01.2012).

Article 19. Financing of subjects, providing special social services

      Financing of subjects, providing special social services shall be carried out at the expense of:
      1) budget funds in the manner, established by the legislation of the Republic of Kazakhstan;
      2) funds received for provision of paid special social services;
      3) other sources that are not inconsistent with the legislation of the Republic of Kazakhstan.

Chapter 5. FINAL PROVISIONS

Article 20. State control of observance of the legislation of the Republic of Kazakhstan on special social services

      1. State control of observance of the legislation of the Republic of Kazakhstan on special social services shall be carried out in the form of inspection and other forms.
      Inspection shall be carried out in accordance with the Law of the Republic of Kazakhstan “On state control and supervision in the Republic of Kazakhstan”. Other forms of the state control shall be carried out in accordance with this Law.
      2. In case of violation of requirements of this Law by the subject, providing special social services, an authorized body shall:
      1) direct the binding orders on elimination of violations to the subjects, providing special social services within three business days from the date of ending of inspection;
      2) take measures, required for bringing of the subject (his (her) civil servants), providing special social services, to responsibility, established by the Laws of the Republic of Kazakhstan.
      3. Actions (omission), as well as decisions of the state bodies may be appealed in accordance with the Laws of the Republic of Kazakhstan.
      Footnote. Article 20 is in the wording of the Law of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); as amended by the Laws of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 21. Responsibility for the breach of the legislation of the Republic of Kazakhstan on special social services

      Persons that are guilty in the breach of the legislation of the Republic of Kazakhstan on special social services shall bear responsibility in accordance with the Laws of the Republic of Kazakhstan.

Article 22. Order of enforcement of this Law

      This Law enters into force from 1 January, 2009.

      The President
      of the Republic of Kazakhstan              N. Nazarbayev