LAW OF THE REPUBLIC OF ARMENIA

of May 24, 2021 No. ZR-195

About assessment of functionality of person

Accepted by National Assembly of the Republic of Armenia on May 5, 2021

Chapter 1. General provisions

Article 1. Subject and purpose of regulation of the Law

1. This Law establishes organizational and legal basis, the purposes of assessment of functionality of person in the Republic of Armenia, powers of the Government, body of system of public administration in the sphere of assessment of functionality of person, and also governs other relations connected with functionality assessment.

2. The purpose of this Law is implementation of system of assessment of functionality of person, creation of the legal basis for rendering to persons with disability of services, equivalent the estimated requirement, based on fundamental human rights.

Article 2. The legislation regulating the sphere of assessment of functionality of person and field of activity

1. In the Republic of Armenia the relations connected with functionality assessment are regulated by the Constitution of the Republic of Armenia, international treaties of the Republic of Armenia, this Law, the Law "About Bases of Administration and Administrative Production" and other legal acts.

2. Operation of this Law extends to citizens of the Republic of Armenia, foreigners, persons without citizenship and persons with the status of refugees. Operation of this Law with the status of refugees extends to foreigners, persons without citizenship and persons in the period of availability at them of the right to accommodation and residence in the Republic of Armenia.

3. The regulations on persons with disability established by this Law equally extend to children with disability if other is not established by the law or does not follow from features of their regulation.

Article 3. The basic concepts used in the Law

1. In this Law the following basic concepts are used:

1) person with disability - according to the Law "About the Rights of Persons with Disability";

2) environment barriers - according to the Law "About Persons with Disability";

3) assessment of functionality of persons - the process performed according to the procedure, established by the law and other legal acts which is performed for the purpose of recognition of person based on assessment of activity and participation and barriers of the environment by person with disability or refusal in it, determinations of extent of restriction of functionality of person and determination of social services, to proportional individual requirements;

4) system of assessment of functionality - set of functions (powers) according to functionality of person, to implementation of the actions provided by the individual program of the services performed by state bodies and local self-government, the organizations, physical persons;

5) restriction of functionality of person - restriction of capability of persons to participate in public life in the context of functions of organism and structure of organism, activity and participation, impact of factors of the environment:

and. structure of organism (the codes "s" of the international classification of functioning (further - MKF) the World Health Organization (further - WHO)) - anatomic parts of body, such as bodies, extremities and their components;

. functions of organism (the "b" MKF codes of WHO) - physiological functions of systems of bodies (including mental (intellectual) functions;

century activity and participation (the "d" MKF codes of WHO) - combination of capabilities and opportunities of training and use of knowledge, accomplishment of general tasks, communication, movement, self-service, the organization of life, creation of the interpersonal relations, education, works (for children - game) and other;

environment factors (the "e" MKF codes of WHO) - according to the Law "About the Rights of Persons with Disability";

the individual program of services (IPS) - the document developed by results of assessment of functionality of the personality which includes actions and programs of social inklyuziya of the estimated persons.

Article 4. Basic principles of system of assessment of functionality of person

1. The basic principles of system of assessment of functionality of person are:

1) protection of basic rights and freedoms of person with disability, respect of advantage of the person;

2) participation and the informed consent of persons with disability;

3) availability;

4) privacy of personal data;

5) comprehensive assessment of needs of person with disability;

6) rendering services as priority purpose in process of assessment of functionality of person.

Chapter 2. State regulation in the course of functionality assessment

Article 5. Powers of the Government in the sphere of assessment of functionality of person

1. The government in the sphere of assessment of functionality of person:

1) is provided by implementation of single state policy in the sphere of assessment of functionality;

2) approves the program of reforms of system of assessment of disability and implementation of system of assessment of functionality of person;

3) is approved by procedure, criteria and tools of assessment of functionality of person;

4) is approved by procedure for creation and implementation of individual programs of services;

4. 1) is approved by procedure for conducting medico-social examination;

4. 2) approves criteria of medico-social examination;

4. 3) is approved by procedure for creation and implementation of individual programs of rehabilitation of persons with disability;

5) is approved by procedure and criteria of determination of extent of loss of professional working capacity in case of the injuries connected with execution of job duties, occupational disease or other harm done to health;

6) approves strategy, the concepts, programs directed to implementation of reforms in system of assessment of functionality of person;

7) performs other powers established by the Constitution and the laws of the Republic of Armenia.

Article 6. Powers of state body in the sphere of assessment of functionality of person

1. The state body in the sphere of assessment of functionality of person authorized by the Government (further - authorized body) according to the procedure, established by the legislation:

1) is provided by implementation of process of assessment of functionality of person;

2) approves form of the individual program of services;

3) approves methodical managements according to functionality of person;

4) is approved by procedure of monitoring of activities of the commissions estimating functionality of person;

5) establishes requirements to professional knowledge and skills of the specialists estimating functionality of person;

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