Law of the Azerbaijan Republic
On prevention of disablement, rehabilitation and social security of disabled persons
This Law determines government policies with regard of disabled individuals in the Azerbaijan Republic, is targeted at removal of reasons that cause disability, rehabilitation of disabled individuals and guarantees to disabled individuals equal with other citizens opportunities for involvement in all fields of public life, creation of necessary conditions that allow them to have a full-fledged life on the basis of individual capabilities and interests.
Chapter 1. General Provisions
Article 1. Basis Of Legal Status Of Disabled Persons
Disabled persons on the territory of the Azerbaijan Republic have a full scale of socio-economic, political, private rights and freedoms secured by the declarations on rights of disabled individuals adopted by the General Assembly United Nations Organization, Constitution of the Azerbaijan Republic, this Law and other legislative acts.
Discrimination of disabled persons is prohibited and persecuted according to the Law.
Article 2. Key definitions
Disabled person/individual- person, with limited functions, who is need of social assistance and protection due to congenital or injury/ illness caused physical or mental deficiencies.
The limitation of functions of the individual is demonstrated in full or partial lose of ability or perform self-service, move, orientated, communicate, and control his behavior and to be engaged in labour activity.
Prevention of disablement- the system of medical, environmental, hygienic, safety, sport and other measures directed against circumstances that cause and result in complication of disability.
Prevention of disabled persons- the system of medical, psychological, pedagogical, sport, socio-economic and other measures directed at removal or compensation of limitations caused by continues disruption of functions of organism. The main objective of the rehabilitation is social adoption of disabled individual and rehabilitation of their social status.
Medical rehabilitation- the system of measures directed at rehabilitation and recovery of functional capacities of organism, disrupted as a result of congenital or acquired diseases or injuries.
Professional and social rehabilitation- the system of measures directed at rehabilitation of weakened or lost functions of the disabled individual with the purpose of reinstatement of his work capability in old or new chosen profession, provision of employment and adoption to new profession.
Social rehabilitation- the system of measure that stimulate the upgrade of living standards of disabled individuals, creation of conditions for engagement in public life at the same level with other citizens.
Social protection of disabled person- the system of economic, social and legal state guarantees that stipulate removal of limitations in vital functions of disabled persons and its compensation to disabled persons of equal public rights with other citizens.
Article 3. Medico-social expertise
Medico- social expertise- determination of needs in citizens in social protection measures on the basis of evolution of limitations of his functional caused by continuo disruption of functions of organism.
Medico- social expertise is performed via evolution of clinical, functional, social, domestic, professional, labour, psychological capabilities of the examined individual in accordance with disability criteria.
Medico-social expert commissions implement medico- social expert
Status of medico-social expert commissions and criteria for determination of disability shall approved relevant executive authority.
Article 3-1. Psych- medico- pedagogical commission
Implementation of diagnosis of physical deficiency, mental and or psychological developmental lagging of children, decision on their attraction to special educational programs, provision of special consulting services to their parents or legal representatives, resolution of disputes shall be the responsibility of permanent psycho- medico- pedagogical commission established by the relevant executive authority.
Parents or other legal representatives of persons with limited health capabilities shall be entitled to participate during examination, conducted by the psycho-medico- pedagogical commission as well as during discussions on the results of examination
Article 4. Determination of needs due to disability
Procedure and provisions for determination of needs due to disability shall be established on the basis of conclusion made by the medico-social expert commission and consideration of capabilities of the disabled individual in professional and domestic life. Types and extend of necessary social protection of the disabled person shall be provided via individually developed program for his medical, social and professional rehabilitation and adoption.
Article 4-1. Recognition of individual a disabled person
The individual shall be recognized a disabled person via conclusion made by the medico-social expert commission upon implementation of expert examination.
Conclusion of the medico-s0cial expert commission shall be an official document identifying the group and disability along with individual rehabilitation program.
The disabled person shall be issued an identification document generic sample of which is approved by the relevant executive authority of the Azerbaijan Republic.
Article5. Financing of measures related with social protection of disabled persons
Measures connected with social protection of disabled persons shall be financed in accordance with relevant State Program at the expense of payments made for mandatory social insurance and state budget. The relevant executive authority on annual basis approves state program.
Article 6. State authorities providing social protection of disabled persons
The state management in the area of social protection of disabled persons shall be relevant authorities of the executive power.
Representatives of national public entities of disabled persons are board members of relevant executive authorities.
Relevant executive authority and public entities of disabled persons develop long-term programs for implementation of state policy for disabled individual and monitor the execution
Relevant executive authority and public entities of disabled persons make proposals on social protection and issue of disabled persons. The State stimulates the development of relations of entities with foreign states in the area of social protection of disabled persons.
Article 7. Participation of enterprises, entities and organizations in implementation of state policy in the social protection of disabled persons
Enterprises, entities and organizations participate in the implementation of state on issues of disabled persons.
For the purpose of improvement of social provision for disabled persons, their life insurance is provided along with accident insures for own special accounts of the enterprise, entity and organization.
The profit of enterprises, entities and organizations directed for manufacturing of goods and provision of services for disabled individuals, as well as purchasing of equipment, maintenance of social, cultural and sport facilities for disabled persons shall be released from any educations to state budget.
Article 8. Protection of rights, freedoms and legal interest of disabled persons
Protection of rights, freedoms and legal interest of disabled persons in Azerbaijan Republic is secured under court or other order established by the legislation.
Citizen shall entitled to rise appeal against the decision of the medico-social expert commission on his recognition or non-recognition as disabled person before the relevant executive authority, as well as before district (city)Peoples Court.
Officials and other citizens guilty in violation of rights of disabled persons stipulated under this Law, shall hold the financial, disciplinary, administrative and criminal liability in accordance with procedures and to the extend of the existing legislation.
Chapter II. Prevention of disablement and rehabilitation of disabled persons
Article 9. State policy in the arena of prevention of disablement and rehabilitation of disabled persons
State policy in the area of prevention of disablement and rehabilitation of disabled persons is expressed in the establishment of legal, economic, social conditions for protection health, satisfaction of needs of disabled persons in rehabilitation product and services. This shall be performed via state Programs that provide prevention of occurrence or exacerbation of disability as well as establishment and development of the state system for rehabilitation of disabled persons.
Relevant executive authorities, within their level of authority shall develop and implement the system of activities subsequent to state programs on prevention of disablement and rehabilitation of disabled persons.
Article 10. Determination of state programs for prevention of disablement and rehabilitation of disabled persons
State programs for prevention of disablement and rehabilitation of disabled persons as well as individual programs for rehabilitation of disabled persons shall be financed at the expenses of payments from state and local budgets and State Fund of Social Protection.
Article 11. Propaganda of healthy lifestyle
With the purpose of prevention of disablement the state shall provide propaganda of the healthy lifestyle as key public property. At this along with expenditures incurred for treatment of illnesses, measures are taken to stimulate the determination of healthy citizens to preserve their health.
Physical training and sports for disabled persons shall be regulated by relevant legislative acts of the Azerbaijan republic.
Article 12. Provision of safe work environment to employees
All enterprises, entities and organization independent of from of ownership shall work environment in accordance with established standards and in accordance with legislation they shall be liable for facts of reduction of work abilities, deterioration of employees health, compensate costs for their treatment and rehabilitation.
Article 13. Prevention of disablement of children
With the purpose early identification of mental deficiencies of children, disordered senses and motor functions, medical entities shall provider examination and regular medical check-ups for all children until the age of one- year-old in special diagnosis and children’s polyclinic.
Implementation of psych-medico-pedagogic examination of children in early age as well as at greater age, establishment of diagnosis with peculiarities of developments is one of the functions of psycho-medico-pedagogic commission.
To children who have physical or mental health disorders, state renders necessary medical, pedagogic, psychological, defectology and other assistance. Methods, forms, volumes and terms of such assistance shall be established under individual rehabilitation program.
Article 14. Individual program for rehabilitation of disabled persons
Medical, professional and social rehabilitation of disabled persons shall be implemented under individual rehabilitation program developed on the basis of the conclusion made by the medico-social expert commission with participation of representative of relevant executive power authorities.
The individual rehabilitation program shall establish the specific volume, type and term for implementation of rehabilitation activities as well as social assistance.
Implementation of individual rehabilitation program by relevant state authorities as well as enterprises, entities and organizations shall be mandatory obligation.
Article 14-1. Medical servicing of disabled persons
Disabled persons, in accordance with procedures established under legislation, shall be entitled o have access to free of charge professional medical assistance in medical enterprises at expenses of budgetary accounts and to be provided with sanatorium and spa treatment.
Article 14-2. Rehabilitation enterprises (centers)
Rehabilitation activities shall be implemented by enterprises in accordance with individual rehabilitation program for disabled and state program for rehabilitation activities. The profile of such enterprises shall be established in accordance with main directions of rehabilitation. Non- governmental rehabilitation enterprises can be established along with state rehabilitation centers.
Activities of state rehabilitation centers of regulated in accordance with their approved charters.
In connection with education and (or) upbringing of persons with limited health capabilities (with complex deficiencies) various types of rehabilitation centers are established. The main objective of the rehabilitation centers is formation in patients of communication skills, self-servicing and simple labour skills, and organization of correction of deficiencies and individual training programs.
Chapter III. Upbringing, education and professional training of disabled persons
Article 15. Provision To Disabled Persons Of Conditions For Gaining Of Education And Professional Training.
The state shall guarantee to disabled individuals necessary conditions for obtaining of education and professional training.
Relevant executive authorities in accordance with legislation of the Azerbaijan Republic, shall provide pre-school and out of school upbringing of disabled children, gaining by disabled persons of secondary special and higher education, by pre-school entities on educational programs in accordance with decisions on psycho-medico-pedagogic and medico-social expert commission.
Education and professional training of disabled persons shall be implemented in various forms, including studies at home and on the basis of individual educational plan.
State shall training of dedicated pedagogical staff for education and professional training of disabled persons.
Organization of education of persons with restricted health capabilities shall be regulated by legislative acts.
Article 16. Upbringing of disabled children of pre-school age
With the purpose of establishing more favorable conditions for pre- school age disabled children and provision of rehabilitation assistance in child pre-school entities relevant authorities of executive power shall provide conditions for mobilization of special groups.
For disabled children, whose mental and physical deficiencies excluders the possibility of their upbringing in general pre-school institutions, special pre-school entities shall be established.
Article 17. Education of school age disabled children at home
Education of disabled children who are not able to study in public is provided upon their own desire and parents will at home. Relevant authorities of executive power shall establish all conditions for gaining of education by disabled children at home.
One of the parents of disabled pupil, educating at home or the person substituting such parent, will be provided with material allowance and privileges on terms stipulated by the legislation of Azerbaijan Republic. The period of care for such disabled children will be accounted as labour experience (seniority).
Relevant educational- pedagogical institutions shall render an assistance in education of disabled children at home.
Article 18. Out of school education of disabled children
With the purpose of provision of all-sided and harmony development of disabled children, their attraction to public activities, labour, science, technologies, arts and sports relevant authorities shall establish necessary conditions for out of school education of disabled children.
Article 19. Secondary, special and higher education of disabled persons
Secondary, special and higher education of disabled persons is general public educational institutions, and if necessary - in special educational entities.
With the purpose of provisions of special conditions for disabled persons special departments or branches of professional and technical colleges, technical schools and institutes of higher education shall be established/
Education is also provided to disabled children who are undergoing the treatment in hospital and rehabilitation facilities (centers)
Gifted disabled children shall be entitled to free of charge education in music, fine arts in general public education facilities or special out of school educational institutions/
Necessary conditions for enrolment tests shall be established for disabled persons/
During school years pension and scholarship paid at full volume.
Group I and II disabled students shall be paid a bonus at the amount of 50 percent of received scholarship
Tuition payment for persons who gain secondary or higher commercial education and obtained Group I and II disability in events taken place on January 19-2,1990in Baku, as well as during defense of territorial integrity, independence or constitutional order of the Azerbaijan, shall be made at the expense of state budget.
Article 20. Upbringing and education of disabled children in station facilities
For disabled children who stay in station facilities for the long-term (above 21 days) continuity of upbringing and education is provided by such facilities along with socio- domestic and labour adoption.
Article 21. Professional education and improvement of qualification of disabled persons
Professional education and improvement of qualification of disabled persons shall be provided on the basis of individual rehabilitation program and state program for rehabilitation of disabled individuals in educational institutions, including training centers of state employment agency, enterprises and entities (special or public) along with entities for provision of assistance to disabled persons and their public organizations.
State employment agency providers services on professional orientation of disabled individuals who are capable to work with the purpose of determining of their professional aptitude, ability to learn new professional and employment.
Blind and weaken sight children are provided by text-book, made by Braille alphabet, sound books and appliances, special recorders, magnifiers, walking sticks. Deaf children are provided with hearing appliances and other means of audiology, dedicated recording studious are established for them along with dedicated libraries.
Granting of material allowances to disabled persons in the period of professional training shall be performed in an order and on terms stipulated by the Azerbaijan republic.
Article 22. Interpersonal communication means
Body language is recognized by the state as mean of interpersonal communication, education and translation service.
Persons with sight shall be provided with education via Braille system, access to audio materials and large fonts.
Easy language education system is provided to persons with mental deficiencies.
Modern technical appliances are provided to persons with speech deficiencies.
Chapter IV. Employment of disabled persons
Article 23. Special measures on employment of disabled persons
Special measures on employment of disabled persons include the variety of activities directed at provision of employment of disabled persons and legal confirmation of obligations of financial assistance and provision of privileges to enterprises, enteritis and organizations (independent of form of ownership) who provide for disabled persons and those who use their labour.
Article 24. Implementation of the right of disabled persons for labour
In order to apply capabilities of disabled individuals in arts and considering individualrehabilitation programs they shall be entitled to work at enterprises, entities and organizations with standard work conditions, specialized enterprises, workshop and areas that apply works of disable persons and other legal activities.
It is not allowed to refuse to make an employment contract for the reasons of disability or promotion of disabled individual, his dismissal, transfer without his consent by the initiative of administration, with exception of cases, when medico-social expert commission made the conclusion that health of the disabled individual prevents him from execution of his professional duties or compromises health and safety of other persons
It is not allowed to terminate individual employment contract (agreement) by the employer with persons who are undergoing medical, professional and social rehabilitation program in relevant entities independent of duration, with exception of the event of enterprise liquidation.
Article 25. Provision of employment to disabled persons
Relevant executive authorities and enterprises (unions), entities and organizations together with public entities for disabled persons will guarantee the employment of disabled persons via establishment of enterprises and organizations for labour of disabled persons, provision of special education program and application of other measures.
At enterprises, entities and organizations independent of the from of ownership, with exception of hose listed in catalogues developed by the relevant executive authority, each one of the twenty five vacancies shall be stipulated for disabled individuals.
Relevant executive authorities and public entities engaging in issue related to disabled persons shall monitor the employment of disabledindividuals at enterprises and entities
Enterprises, entities and organizations who do not provide the levels for disabled persons or avoiding their employment, independent of the form of ownership shall make payments to the State Social Protection Fund of the Azerbaijan Republic at the rate of three average monthly salaries taken for the republic for each vacancy and each month of unemployment of disabled individuals.
Direction of disabled individuals to established vacant positions shall be implemented by local state employment offices. Direction on employment of disabled person is mandatory for all enterprises and entities independent of the form of ownership.
Article 26. Employer responsibility for employment of persons who lost the ability t work
Enterprises, entities, organizations, collective farms and private entrepreneurs shall allow or establish vacancies for employment of individuals, who lost ability to work as a result of accident at this enterprise or gained a professional disease and qualified as disabled as a result.
Should this requirement not be followed they shall during the termination of labour agreement (contact) with this employee pay the amount of 120 average monthly salaries accepted for the republic to the State Protection Fund with exception of cases of liquidation of enterprise.
Article 27. Requirements for establishment of special vacancies for application of labour of disabled persons
With consideration of needs of disabled persons and local peculiarities relevant employment authorities, as well as enterprises, entities and organizations, independent of the form of ownership shall set specialized enterprises, workshops and areas for application of labour of disabled individuals.
Relevant executive authorities shall develop and approve in accordance with exciting procedures, state standard for specialized vacancies for application of labpur of disabled persons.
Relevant executive authorities together with state centers for rehabilitation of disabled individuals shall conduct the certification of such vacancies within a period of one year.
Application of labour of disabled persons at specialized work places that are not certified shall be prohibited. Legal entities shall accept the liability for violation of this requirement in accordance with existing legislation.
Article 28. Privileges and benefits for enterprises that apply the labour of disabled individuals
Enterprises, entities, organizations, that have an employment content of disabled persons at the level of 30 percent shall be entitled to privileged financing and procurement. Such enterprises and organizations also have privileges at the level of 50 % of income tax. If disabled individuals form 50 % of the total number of employees (without consideration of persons with combined jobs), enterprises, entities and organizations are released from profit tax.
Procedure and conditions for the taxation, financing and procurement of enterprises, entities and organizations that apply the labour of disabled persons, is established by the legislation of the Azerbaijan Republic.
Advantages given for production of certain types of products at public entity enterprises for disabled persons. The manufacturing of the same product is not allowed by other entities, enterprises, organizations and cooperatives independent of form of ownership. The relevant authority of executive power shall set approve the list of products with consideration of public entities for disabled persons.
Article 29.Work conditions for disabled persons
For disabled persons engaged inenterprises, entities and organizations, necessary work conditions are provided in accordance with individual rehabilitation program.
Work conditions, including the work regime and resting time, duration of annual and extend vacations, established in collective or individual employment contract can not abuse or limit rights of disabled persons in comparison with other employees.
Administration of enterprise, organization shall be entitled dependent form the health condition of the disabled individual decrease their production norms and make payments at increased rates.
Attraction of disabled individuals for overtime, working on week-ends and night shifts shall be allowed upon their consent and only under condition that such works do not contradict medical recommendations
Disabled persons (independent fro group or reasons of disability) shall be entitled to have annual vacations with duration exceeding minimum vacation period established under legislation by two times.
Disabled persons (independent fro group or reasons of disability) shall be entitled to have paid vacation with minimum duration of one calendar month.
For Group I and II disabled persons limited work time is established with total weekly number of hours not exceeding 36.
No probation period shall be established for disabled persons during recruitment. In case of staff downsizing disabled individuals, who gained occupational injury at that enterprise, entity or organizations or who became disabled as a result of professional disease, equal right for keeping their jobs shall be provided in case of equal qualifications.
Break periods for Group I and II disabled individuals, who gained injuries during implementation of duties and lost their ability to work as a result shall be accounted for their general and continuous years of service.
Article 30. At home work and entrepreneur activities of disabled persons.
Relevant executive authorities shall establish necessary conditions for organization of at home work and entrepreneur activities of disabled persons via provision of non- residential premises, as well as assistance in purchasing of raw materials and product sales.
Article 30-1. Liability of managing subjects
Executive of all managing subjects independent of form of ownership, who do not take measures on employment of disabled individuals, shall be liable in accordance with legislation of the Azerbaijan Republic.
Chapter V. Creation of conditions for unimpeded access of disabled persons to social infrastructure
Article 31. State policy with regard to social infrastructure facilities
State executive authorities and state management bodies of the Azerbaijan Republic, enterprises (unions), entities and organizations (independent of form of ownership management) shall provide disabled persons necessary conditions for free access to social infrastructure facilities, resident, public, industrial buildings and installations, unimpeded access for use of public transport and transportation networks, telecommunication and information networks, recreational and leisure facilities.
Article 32. Consideration of needs of disabled persons during and construction of social infrastructure facilities
Design and construction of settlements, formation of resident areas, construction and refurbishment of buildings, installation, including airports, railways stations, facilities and communications, shall not be allowed without consideration of needs of disabled individuals. In resolution of these issues participation and consent of public organizations of disabled persons is required.
Article 33. Adoption of existing social infrastructure facilities for use by disabled persons
State executive authorities, enterprises and entities at their own expense shall adopt their respective existing transport, communication, information, cultural, entertainment and other facilities and instillation for use by disabled persons.
In case when such facilities can not be adopted for access by disabled persons, relevant enterprises, entities and organizations shall develop and implement necessary measures that satisfy needs of disabled persons.
Article 34. Adoption of resident premises for access and use by disabled persons
Resident premises occupied by disabled persons or families that have disabled persons, entrances and stair landing areas of houses where disabled persons are residing shall be equipped with special means and appliances, elevator and telephone communication lines in accordance with individual rehabilitation program.
Adoption and equipment of resident premises by the equipment for disabled persons shall be implemented by the relevant authority, enterprises, entities and organizations managing housing resources.
Adoption and provision of equipment for individual resident house where disabled persons are residing shall be implemented by enterprises, entities and organizations which were responsible for disability, and in other by the relevant executive authority.
If accommodation of disabled person does not conform with requirements and can not be adopted for needs of the disabled person such accommodation can be changed based on his consent and requirement.
Relevant executive authority shall provide disabled individuals with locomotor apparatus disorder and other Group I disabled individuals as well as disabled war veterans land areas for
contraction of garages in the proximity of their resident area.
Article 35. Provision of access to disabled persons to entertainment centers and sport facilities
Relevant executive authority shall provide disabled individuals necessary conditions for accessing entertainment centers and sport arenas, as well as provide them with sports equipment.
Disabled person shall be entitled to use such services free of charge or on privileged basis in accordance with legislation of the Azerbaijan Republic.
Article 36. Provision telecommunications to disabled persons
Disabled war veterans and persons qualified under the same status, person disabled on January 20 and Group I and II disabled person of other categories shall be entitled to telephone line isolation out of order. Disabled war veterans and persons qualified under the same status, person disabled on January 20 and Group I and II disabled person of other categories allowances established by the relevant executive authority shall be paid for payment of telephone services fees (with exception of long- distance and international calls).
Article 37. Liability of non-provision of access of disabled persons to social infrastructure
In the event of non-provision of access of disabled person to social facilities, entities and organizations shall pay the penalty at the rate of 20 percent of amount necessary for adoption of facility for disabled individuals, to the State Social Protection Fund of the Azerbaijan Republic.
Entities and organizations having paid the penalty are not exempted form the obligation of adoption of social infrastructure facilities for disabled individuals
Chapter VI. Financial, socio-domestic and medical provision of disabled persons
Article 38. Types of social assistance to social disabled persons
Financial, socio-domestic and medical provisions to disabled person shall be made via payment (pensions, allowances, single payments), provision of medical supplies, technical and other means, including cars, wheelchairs, artificial limbs and orthopedic materials, publications with special fonts, sound amplifying equipment and analyses, as well as via provision of services on medical, social, labour and professional rehabilitation, domestic and trade services.
Article 39. Determination of the type of social assistance
Types of necessary financial, socio-domestic and medical provisions to disabled person shall be determined by the medical and social authorities within the individual rehabilitation program.
Article 40. Provision to disabled persons of technical or other type of rehabilitation
Technical and other types of rehabilitation are provided to disabled person accordance with procedures established by the relevant executive authority.
In the case of non-provision technical and other means, stipulated under the rehabilitation program compensation shall be paid to disabled individual accordance with procedures stipulated under the legislation of the Azerbaijan Republic
Article 41. Transport services to disabled persons
Allowance shall be paid to disabled war veterans and persons qualified under the same statues allowances shall be paid at the amount established by the relevant executive authority for use of domestic transportation means (taxi excepted).
Services shall be provided to disabled person out of order.
Article 41-1. Standardization, unification, testing and quality assurance of rehabilitation equipment and mechanical devices
For simplification of life and work of disabled persons the relevant executive authority, shall provide standardization, unification, testing and quality assurance of rehabilitation equipment and mechanical devices.
Article 42. Provision of medical services, medical supplies and artificial limbs
Disabled war veterans and persons qualified under the same status, allowances shall be paid in amount and in accordance with procedures established by the relevant executive authority for purchasing of medicines.
Person disabled during January 20 events, in national conflicts, disabled children and Group I and II disabled person of other categories are provided by medical supplies in accordance with procedures established by the relevant executive authority.
Disabled individuals shall be provided by medical services in accordance with procedures established by the relevant executive authority, with country sanatorium and spa treatment by the direction of medical entities as well as artificial limbs and orthopedic materials, denture (with exception of denture made of precious metals), wheelchairs and bicycle chairs, rehabilitation means.
Article 43. Provision of domestic services to disabled persons
Disabled persons are provided by accommodation at the expense of state. Groups I disabled persons are provided with accommodation out of turn.
In accordance with individual rehabilitation program, disabled persons shall be entitled to choose accommodation with consideration of type of the building, floor, equipment and other vital conditions.
In distribution of accommodation, relevant executive authority, enterprises, entities and organizations shall considered needs of disabled individuals by providing the accommodation in the vicinity of workplace, resident area of their relatives, rehabilitation entities (centers).
In accordance with medical recommendation and own will disabled persons shall be provided with accommodation at lower floors of dwelling houses.
Resident premises provided to disabled persons shall conform to sanitary and technical requirements, established with consideration of the health of disabled persons
Basis of recognizing disabled individuals as persons in need for improvement of resident conditions, order for provision of their accommodation are stipulated under the housing legislation of the Azerbaijan Republic. At this, Group I disabled persons, Group II and III disabled war veterans shall be considered as persons in need of improvement of resident conditions if each member of family is provided with living area of 9 squire meters of less.
Disabled war veterans and persons qualified under the same status, allowance shall be paid in amount and in accordance with procedures established by the relevant executive authority for payment of housing and utility charges.
Article 44. Provision of disabled persons of food and industrial products
Disabled individuals are entitled to privileged supply of food and industrial products.
Relevant executive authority, upon the request person entitles shall provide assistance in retailer purchasing of household, culture-domestic, tourist and sport commodities.
The list of illnesses of the disabled persons entitled for privileged provision of food and industrial products shall be approved by the relevant executive authority.
Article 45. At home servicing
Disabled individuals that are in need in all-sided care and assistance, shall be provided by medical and domestic services by social assistance authorities at home of station facilities. Social services to senior age disabled persons are provided by social servicing authorities (at home, daytime and 24-hour service entities) as well as persons engaged in social servicing on professional and individual basis.
State stimulates development of network of social assistance entities for servicing of disabled persons in need for such services.
The care period after Group I disabled person (independent of reason of disability) independent of relative links to such person, of services individual shall be accounted for general years of professional services.
For the temporary unemployment period of one of the parents or legal representative of HIV infected underage persons, who provide care after such person, their employment years of services are accounted for general tears of service.
Condition of residency of disabled individuals in hostel in other social services station facility providers opportunity for rehabilitation of their rights and legal interest and assists in maximum satisfaction of personal needs.
In case when necessity for disabled persons residency in hostel or other social service station eliminated as a result of rehabilitation measures, he shall be provided with accommodation in accordance with article 34 and 43 of this Law by the relevant executive authority.
Disabled children who do not have parents or their parents are deprived of parent rights, who live in state or other social facilities, at reaching the adult age shall be entitled for out of turn obtaining of accommodation and financial for setting up, if they can services themselves and have independent life in accordance with conclusion of the medico-social expert analysis.
The difference between pensions of single pensioners who live on hostel (pension houses) for disabled persons, and cost of life in hostel(pension houses) shall be paid at the minimum amount of 25 percent of minimum age pension.
Should disabled individuals who live on hostels (pension houses) have dependent family members incapable to work pensions shall be paid in following order: 25 percent of pension but not less than 20 percent of minimum age pension to pensioner himself, and the rest, but not more than 50percent of the established pension to the subject family member.
Procedure for payment of pensions age disabled persons, who live in station social service entities shall be established by the relevant executive authority.
For young age disabled persons, who live in labour and recreation houses pensions paid in full amount.
Relevant authority of the executive power and local management authorities within their level of authority may take relevant decisions directed for satisfaction of specific needs of disabled persons and upgrade of their living standards.
Disabled persons who worked before retirement in the enterprises, entities and organizations shall be entitled to equal rights with other employees on making use of medical services, provision accommodation, tickets to health spas, as well as other services and privileges stipulated by the decision of general employee meeting.
Enterprises, institutions and organizations irrespective of the ownership type shall be entitled to establish bonuses and premiums to disability pensions at the expense of own means, especially of single disabled persons, and having need in outside assistance and care, and also provide other benefits stipulated by this Law.
Article 49.Athority of relevant work/labour collectives in making decisions on improvement of disabled persons
Social assistance shall be provided at the expense of state and local budgets, as well as State Social Protection Fund that is formed by penalties and voluntary payments by enterprises, entities, organizations and citizens.
Chapter VII. Public entities of disabled individuals
Article 50. Establishment of public entities of disabled individuals
For the purpose of protection of their rights and interests, provision of mutual support and service, disabled person or their representatives shall be entitled to establish public entities including various funds in accordance with procedures stipulated under the legislation of the Azerbaijan Republic.
The procedure for establishment, activities and liquidation of public entities of disabled person is regulated the Law of the Azerbaijan Republic on “Public Unions”, charters of organizations registered in accordance with existing procedures.
Article 51. State and public entities of disabled persons
State provides compliance with rights and legal interests of public entities disabled persons and in accordance with Constitution of the Azerbaijan Republic and this Law guarantees provision of conditions for implementation of their charter objective and providers all possible support.
The interruption of activities of public entities by state authorities and officials is not allowed, with exception of cases when it is stipulated by the legislation.
Issues relating to interest of public organizations of disabled person in cases stipulated by the
legislation shall be resolved by state authorities and entities with involvement or consent of public entities of disabled person of public entities of disabled persons.
Press, radio and television shall have special program that tells about lives of disabled persons.
State provides financial and technical assistance in publishing of materials from entities of disabled persons.
Local offices of public entitiesof disabled person, as well as labour collectives of enterprises(unions), entities and organizations can make proposals on social protection of disabled persons to relevant executive authorities.
Article 52. Payments made by public entitiesof disabled person
Attraction of public entitiesof disabled persons to obligatory state social insurance shall be regulated by Law of Azerbaijan Republic “On social insurance”.
Profits made are directed for the development and enforcement of financial and technical status of such entities and satisfaction of social needs of disabled persons.
Public entitiesfor disabled person shall be released from payment of leasing fees for buildings in which cultural clubs, public clubs, sport clubs, houses of culture, libraries and other facilities are located.
Article 53. Provision of conditions for economic activities of public entitiesfor disabled person
Procurement for enterprises and public entities disabled person shall be implemented from centralized state resources.
Products of enterprises intended for rehabilitation of disabled person (technical means and appliances) shall be included in the state order and provided at first place by procurement items.
Construction of facilities for disabled person independent of the form of financing shall be included in the list of state order construction
Article 54. Distribution of housing built by funds of public entitiesfor disabled person
The accommodation, built by funds of public entities disabled persons including shared participation, shall be considered their permanent property, can not be confiscated and shall be distributed based on proposals of public entities disabled persons in accordance with housing legislation of the Azerbaijan Republic.
In shared participation in housing contraction, public entities disabled persons shall be released from shared involvement in the development of construction industry capabilities and communal construction, well as from transferring of part of housing to relevant executive authorities and other entities.
Article 55. International relations of public entitiesfor disabled person
Public entities for disabled persons in accordance with their charters may joint international (non-governmental) union, maintain direct international relations, make relevant agreements.
State authorities are rendering assistance including financial to public entities for disabled persons for establishment and development of cooperation with internationa
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