LAW OF UKRAINE

of March 21, 1991 No. 875-XII

About bases of social security of persons with disability in Ukraine

This Law determines bases of social security of persons with disability in Ukraine and guarantees them opportunities for participation in economic, political and social spheres of life of society, equal with all other citizens, creation of the necessary conditions allowing persons with disability effectively to exercise rights and freedoms of man and citizen and to lead full-fledged life according to individual opportunities to capabilities, and interests.

I. General provisions

Article 1.

In this Law the stated below terms are used in the following value:

person with disability face with steady physical, mental, intellectual or touch violations which in case of interaction can interfere it with different barriers with complete and effective participation in life of society on an equal basis with others;

the worker-physical person, working at conditions of the employment contract (contract), agreement on training or at other conditions of wage labor or service (irrespective of type of service and body of passing of such service), stipulated by the legislation (except the persons performing work or rendering services on the terms of the civil agreement);

the workplace of person with disability - the place (room), on (in) which person with disability permanently or temporarily is in process of labor activity and which is determined based on the employment contract (contract), the contract on service or according to the legislation;

the employer for the purposes of this Law the legal entity irrespective of legal form, pattern of ownership and subordination, physical person entrepreneur which use work of physical persons on the terms of the employment contract (contract), the contract on service or on other conditions, stipulated by the legislation, except civil agreements is considered, and bear responsibility for the company and/or organization;

contribution to support of employment of persons with disability (further - fee) - fee of purpose which collection is performed without fail for the purpose of financial provision of social protection of persons with disability and children with disability. The principles of collection and accounting of fee, condition and procedure for its charge and payment and power of the body performing its collection and accounting are determined by this Law;

the average number of staff employees of accounting structure, the average number of regular workers-persons with disability - the indicators of number of employees of employers determined by the technique approved by the central executive body providing forming of state policy in the field of statistics.

The terms "reasonable adaptation", "universal design", "discrimination on the basis of disability" are used in this Law in the values given in the Convention on the rights of persons with disability, and the term "disability" - in the value given in the Law of Ukraine "About rehabilitation of persons with disability in Ukraine".

The principles, criteria and borders of reasonable adaptation and universal design are determined by the Cabinet of Ministers of Ukraine.

Article 2.

According to the Constitution of Ukraine, the conventional principles and rules of international law and international treaties of Ukraine all people are equal before the law and have the right to equal protection.

Persons with disability in Ukraine have all completeness of the social and economic, political, personal rights and freedoms set by the Constitution of Ukraine, the laws of Ukraine and international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.

The state shall create conditions for realization by person with disability of all human rights and fundamental freedoms without any discrimination on the basis of disability and provide its social protection.

The discrimination on the basis of disability including any form of discrimination, and also unreasonable refusal in reasonable adaptation and refusal in employment of person with disability because of need to resort to reasonable adaptation and to finance adequate measures, is forbidden.

Protection of persons with disability from discrimination is performed according to the Law of Ukraine "About bases of prevention and counteraction of discrimination in Ukraine.

Article 3.

Disability to full age person is established by results of estimation of daily functioning of the face which is carried out by expert team on estimation of daily functioning of person according to the procedure, determined by the Cabinet of Ministers of Ukraine.

Disability to the child is established by the medical and advisory commissions of healthcare institutions for results of the carried-out medico-social expertize of the child according to the procedure, determined by the legislation.

The part three is excluded according to the Law of Ukraine of 19.12.2024 No. 4170-IX

Article 4.

Activities of the state concerning persons with disability are shown in creation of legal, economic, political, social, psychological and other conditions for providing their rights and opportunities on an equal basis with other citizens for participation in public life and consist in:

identification, elimination of the barriers and barriers interfering providing the rights and requirements satisfaction including concerning access to subjects to public and civil appointment, improvement, transport infrastructure, road service (further - objects of physical environment), transport, information and communication, and also taking into account individual opportunities, capabilities and interests - to education, work, culture, physical culture and sport;

to health protection;

to social protection;

ensuring accomplishment of the individual program of rehabilitation of persons with disability;

provision of the adapted housing;

assistance of public work.

Social protection of persons with disability is component of activities of the state concerning providing the rights and opportunities of persons with disability on an equal basis with other citizens and consists in provision of pension, government assistance, compensation and other payments, privileges, social services, implementation of rehabilitation actions, establishment of guardianship (care) or ensuring foreign leaving.

Privileges to persons with disability are provided based on the certificate confirming the corresponding status, the pension certificate or the certificate confirming purpose of the public assistance according to the laws of Ukraine "About the government public assistance to persons with disability since the childhood and to children with disability", "About the government public assistance to persons who do not have pension entitlements and to persons with disability" in which the group and the reason of disability is specified (for full age persons) category "the child with disability" (for children), and also in appropriate cases their main nosological forms of diseases are specified (on sight, hearing and with defeat of the musculoskeletal device). The procedure for registration and issue of the corresponding certificates to foreigners who according to the law have the right to privileges is established by the central executive body providing forming of state policy in the field of social protection of the population

To persons with disability which have no pension entitlements or the public assistance or which are not granted pension or the public assistance according to the laws of Ukraine "About the government public assistance to persons with disability since the childhood and to children with disability" "About the government public assistance to persons who do not have pension entitlements and to persons with disability", privileges are provided based on the document that is gratuitously issued in paper form by structural division of social protection by the population/official of social protection of the population of local executive body and/or local government body at the place of residence of person with disability or is created electronically by the software of the Unified information system of the social sphere. In the document surname, the name, middle name, group and the reason of disability, and also in appropriate cases - the main nosological forms of diseases are entered (on sight, hearing, with defeat of the musculoskeletal device). The procedure for issue of such document and its form affirm the central executive body providing forming of state policy in the field of social protection of the population.

For the purpose of realization by persons with disability of rights and freedoms of man and citizen during development of the state social standards and the state social guarantees, national standards, codes of common practice, standards, specifications, carrying out developmental, research works are considered needs of persons with disability and/or the principles of reasonable adaptation and universal design are applied.

Public authorities and local government bodies promote providing the rights of persons with disability concerning inclusion in public life on an equal basis with other citizens.

Article 5.

The complex of the medical, rehabilitation, psychological, pedagogical, physical, professional, labor, sports, social actions sent on provision to the persons with disability and to children with disability of the help in recovery and compensation of the broken or lost functions of organism for achievement and maintenance of social and material independence, social and labor adaptation and integration into society, and also procedure for providing persons with disability and children with disability supportive applications of rehabilitation and medical products are determined based on the individual program of rehabilitation of person with disability or the child with disability. In the cases determined by the Cabinet of Ministers of Ukraine, providing persons with disability and children with disability with adequate measures, services, by means and products it can be performed based on other documents.

Persons with disability exercise right to work in all forms and spheres of public life taking into account features and the restrictions set by the legislation.

Realization of the rights of person with disability connected with accomplishment of the individual program of rehabilitation of person with disability is performed with observance of requirements of the Law of Ukraine "About personal data protection".

The individual program of rehabilitation of person with disability is mandatory all subjects, representatives to perform the actions provided by the program and also employers at whom person with disability works or serves.

Article 6.

Protection of the rights, freedoms and legitimate interests of persons with disability is provided in the judicial or other procedure established by the law.

Person (his authorized representative) has the right to appeal the solution of medico-social commission of experts, expert teams on estimation of daily functioning of person according to the procedure of administrative appeal according to the Law of Ukraine "About ministerial procedure" taking into account the features established by Bases of the legislation of Ukraine on health protection, and/or judicially.

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