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LAW OF UKRAINE

of January 15, 2025 No. 4219-IX

About modification of some legal acts of Ukraine concerning providing the right of persons with disability on work

The Verkhovna Rada of Ukraine decides:

I. Make changes to such legal acts of Ukraine:

1. In part four of Article 51 of the Labor code of Ukraine (1971, appendix to No. 50, the Art. 375) words of "the organizations for workers" shall be replaced with words sheets of the Supreme Council of USSR "the organizations for persons with disability, workers".

2. In the Law of Ukraine "About bases of social security of persons with disability in Ukraine" (Sheets of the Supreme Council of USSR, 1991, No. 21, Art. 252 with the following changes):

Articles 1 and 2 to state 1) in the following edition:

"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";

Part the fourth Article 4 to state 2) in the following edition:

"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";

Articles 5, of 8, 10 and 11 to state 3) in the following edition:

"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 8. Public administration concerning providing the rights of persons with disability and their social protection is performed within powers central and local executive bodies, local government bodies";

"Article 10. Financial provision of actions for social protection of persons with disability and children with disability is performed at the expense of means of the government budget of Ukraine, including the state Social Security Fund of persons with disability, local budgets, the state and local programs of employment of persons with disability, employers, the charitable help and from other sources which are not prohibited by the legislation.

The state Social Security Fund of persons with disability is component of the government budget of Ukraine.

Sources of forming of the state Social Security Fund of persons with disability are the means arriving from payment by employers of fee, penalties and penalty fee for failure to pay or for violation of payment procedure of such fee, the charitable fees and other receipts which are not prohibited by the legislation.

Fees are enlisted into the accounts opened in the central executive body realizing state policy in the field of treasurer servicing of budgetary funds.

Fees do not belong to system of the taxation.

Article 11. Means of the state Social Security Fund of persons with disability are used on ensuring implementation of active programs of employment, actions for employment support, ensuring provision of social services in case of employment of persons with disability, on accomplishment of other programs and actions directed to social protection of persons with disability.

The procedure and conditions of use of means of the state Social Security Fund of persons with disability and procedure for return of the means used not for purpose affirm the Cabinet of Ministers of Ukraine.

Local government bodies have the right to form the trust funds for implementation of local programs of social protection of separate categories of the population which are component of special fund of the local budget.

The procedure and conditions of expenditure of means of such funds are determined by local government bodies taking into account offers of public associations of persons with disability.

Local government bodies can independently or with involvement of persons with disability, including public associations of persons with disability, determine measures of support of employment of persons with disability within local programs.

The support of subjects of managing provided by this Law is performed taking into account provisions of the Law of Ukraine "About government assistance to subjects of managing";

The Section II to add 4) with Article 11-1 of the following content:

"Article 11-1. Manager of means of the state Social Security Fund of persons with disability is the public institution realizing measures of social protection and providing persons with social services with disability.

The public institution realizing measures of social protection and providing persons with social services with disability:

realizes actions for employment of persons with disability;

performs payments from the state Social Security Fund of persons with disability according to this Law;

develops and carries out state programs of employment of persons with disability;

performs financing of providing persons with disability supportive applications of rehabilitation;

takes measures for collection used not for purpose of the means paid to the employer from the state Social Security Fund of persons with disability according to this Law;

performs monitoring of employment by employers of persons with disability;

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