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LAW OF TURKMENISTAN

of December 18, 2021

About social services

This Law determines legal, organizational and economic bases of rendering social services to separate categories of persons.

Chapter I. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

1) social service - package of measures and actions taken for satisfaction of individual requirements of separate categories of persons for the purpose of improvement of conditions of their activity and (or) expansion of their opportunities to independently provide the basic individual needs, and also for overcoming difficult life situation;

2) the user of social services - person, which acknowledged needing rendering social services and to whom social services are rendered;

3) suppliers of social services - organizations of social servicing, and also other legal entities irrespective of pattern of ownership and (or) the individual entrepreneurs rendering social services;

4) the social worker - the person who is rendering social services on the basis of assessment of individual requirements and having the qualification conforming to the established requirements;

5) the specialist in social work - the specialist having the necessary qualification conforming to requirements and nature of the work performed by him, performing assessment of individual requirements and who is taking part when rendering social services;

6) social servicing - activities of state bodies and local government bodies and organizations of social servicing for rendering social services to the population;

7) difficult life situation - the situation determined by results of assessment of individual requirements of separate categories of persons, which is violating conditions of their activity and objectively creating obstacles for their full participation in life of society which they cannot independently overcome;

8) assessment of individual requirements - the examination conducted by the specialist in social work in case of visit of the potential user of social services for the purpose of detection of his individual needs for social support, establishments of its right to use of social services.

Article 2. Legislation of Turkmenistan on social services

The legislation of Turkmenistan on social services is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan.

Article 3. Coverage of this law

Operation of this Law extends to the citizens of Turkmenistan, foreign citizens and persons without citizenship who are constantly living in the territory of Turkmenistan, refugees and also to legal entities irrespective of pattern of ownership and the individual entrepreneurs performing activities in the sphere of social services.

Article 4. Purposes of social services

The purposes of social services are:

1) the assistance to providing equal opportunities for all members of society directed to strengthening of social unity and non-admission of social isolation;

2) rendering assistance for maintaining worthy, safe and creative life, equal participation in public life of the state;

3) rendering assistance to persons in overcoming difficult life situations which they are not able to resolve by means of own means and the available opportunities;

4) forecasting and prevention of emergence of difficult life situations;

5) activization of own efforts of persons and families, creation of conditions for the independent decision of the arising problems by them.

Article 5. The basic principles in the sphere of social services

The basic principles in the sphere of social services are:

1) providing equal opportunities of use of social services;

2) targeting;

3) availability;

4) voluntariness;

5) observance of the rights of users of social services;

6) rendering social services taking into account individual needs of users of social services;

7) confidentiality.

Article 6. Financing in the sphere of social services

Financing sources in the sphere of social services are means:

1) Centralized budget of Turkmenistan;

2) local budgets;

3) arriving from the companies, the organizations, organizations and individual entrepreneurs in the form of the sponsor's help;

4) arriving from users of the social services rendered on paid or partially paid basis;

5) arriving in the form of the charitable and humanitarian assistance;

6) other means which are not forbidden by the legislation of Turkmenistan.

Chapter II. State regulation and control in the sphere of social services

Article 7. The bodies exercising state regulation and control in the sphere of social services

The bodies exercising state regulation and control in the sphere of social services are the Cabinet of Ministers of Turkmenistan, the Ministry of Labour and Social Protection of the population of Turkmenistan (further - authorized body), the Ministry of Health and the Medical Industry of Turkmenistan, the Ministry of Education of Turkmenistan, the Ministry of Internal Affairs of Turkmenistan, other central executive bodies, local executive bodies and local government bodies within the competence.

Article 8. Competence of the Cabinet of Ministers of Turkmenistan

The Cabinet of Ministers of Turkmenistan in the sphere of social services:

1) determines single state policy;

2) adopts regulatory legal acts;

3) is coordinated by activities of state bodies;

4) performs other functions referred to its competence by the legislation of Turkmenistan.

Article 9. Competence of authorized body

Authorized body in the sphere of social services:

1) provides realization of single state policy;

2) coordinates the activities performed on rendering social services;

3) exercises control of subordinated organizations of social servicing and control over their activities;

4) performs organizational and methodological management concerning rendering social services;

Develops 5) and claims:

a) Standard regulations on organizations of social servicing;

b) Procedure for evaluating individual needs of the potential user of social services and recognition by his person in need in rendering social services;

c) Procedure for rendering social services;

d) Rules of the organization of rendering social services by suppliers of social services;

e) other regulatory legal acts;

6) will organize work on identification of persons needing rendering social services and performs their single accounting;

7) provides professional training, retraining and advanced training of social workers;

8) provides evaluating individual needs of the potential user of social services;

9) takes measures for development of system of rendering social services;

10) renders assistance in use of social services;

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