ORDER OF THE MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of December 28, 2015 No. 1088

About approval of Rules of provision of technical supportive (compensatory) means and special vehicles by the convict with disability serving sentence in organizations and being in custody

According to Article 16 of the Penitentiary code of the Republic of Kazakhstan of July 5, 2014, I ORDER:

1. Approve the enclosed Rules of provision of technical supportive (compensatory) means and special vehicles as the convict with disability serving sentence in organizations and being in custody.

2. (Berdalin B. M.) to provide to committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy on official publication in periodic printing editions and information system of law of Ad_let;

3) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy in the Republican state company on the right of economic maintaining "Republican the center of legal information" the Ministries of Justice of the Republic of Kazakhstan for placement in reference control bank of regulatory legal acts of the Republic of Kazakhstan;

4) placement of this order on official Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan and on the intranet portal of state bodies;

5) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of Internal Affairs of the Republic of Kazakhstan of data on execution of the actions provided by subitems 2), 3) and 4) of this order.

3. To impose control of execution of this order on the deputy minister of internal affairs of the Republic of Kazakhstan Bisenkulov B. B.

4. This order becomes effective after ten calendar days from the date of its first official publication.

Approved by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of December 28, 2015 No. 1088

Rules of provision of technical supportive (compensatory) means and special vehicles by the convict with disability serving sentence in organizations and being in custody

Chapter 1. General provisions

1. These rules of provision of technical supportive (compensatory) means and special vehicles by the convict with disability serving sentence in organizations and being in custody (further – Rules), determine procedure for the organization of registration and provision of technical supportive (compensatory) means and special vehicles according to the individual program of abilitation and rehabilitation of person with disability.

2. In these rules the following basic concepts are used:

1) special vehicles – type of the technical assistance providing movement of person with disability;

2) the convict with disability – person having the violation of health with permanent disorder of functions of organism caused by diseases, mutilations (wounds, injuries, contusions), their effects, violations which leads to restriction of life activity and need of its social protection;

3) disability – extent of restriction of life activity of the person owing to violation of health with permanent disorder of functions of organism;

4) the individual program of abilitation and rehabilitation of person with disability (further – the individual program) – the document determining specific amounts, types and terms of carrying out abilitation and rehabilitation of person with disability on the basis of his individual requirements;

5) technical supportive (compensatory) means (further – TSR) – prosthetic and orthopedic means – the means replacement the absent extremities or other parts of body compensating broken or the lost functions of organism owing to disease or damage of health;

surdotekhnichesky means – technical means for correction and compensation of hearing disorder, and also the strengthening sound of the means of communication and information transfer;

typhlo-technical means – the technical means allocated for correction and compensation of the lost opportunities of persons with disability as a result of sight violation;

obligatory hygienic means – the means intended for departure of natural physiological needs and requirements;

6) medico-social examination (further – MSE) - assessment of the restrictions of life activity of osvidetelstvuyemy person caused by permanent disorder of functions of organism with establishment (not establishment) of disability and (or) extent of disability and also determination of his needs for measures of social protection.

Chapter 2. Procedure for provision of technical supportive (compensatory) means and special vehicles

3. Establishment of disability and extent of disability, and also determination of needs of osvidetelstvuyemy person for measures of social protection are carried out by carrying out MSE.

MSE is carried out by territorial subdivisions of Committee of work and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan (further – territorial subdivisions).

4. The basis for carrying out MSE is the direction of the medical and advisory commission the medical organization located in organization of criminal executive system (further – the medical organization) on purpose:

1) primary survey in case of permanent violations of functions of organism;

2) repeated survey (re-examination).

5. The medical organization holds complex of the diagnostic, medical and rehabilitation events confirming the permanent violation of functions of organism leading to life activity restriction, caused by diseases, effects of injuries and defects.

6. In case of establishment at the convict of permanent violations of functions of organism the medical organization creates and represents to territorial subdivisions in the place of dislocation of penal correction system organization documents on osvidetelstvuyemy person according to the order of the Deputy prime minister - the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 29, 2023 to No. 260 "About approval of Rules of conducting medico-social examination" (it is registered in the Register of state registration of regulatory legal acts at No. 32922).

7. The medical organization taking into account the next term of re-examination sends to territorial subdivision of Committee of work and social protection in the place of dislocation documents for re-examination (repeated survey) on the convict with disability.

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