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LAW OF THE REPUBLIC OF TAJIKISTAN

of January 5, 2008 No. 359

About sotsilany servicing

This Law establishes the legal basis of activities in the sphere of social servicing of the population and governs the relations arising in case of realization of the rights of citizens, foreign citizens and stateless persons to social servicing in the Republic of Tajikistan.

Chapter 1. General provisions

Article 1. Legislation of the Republic of Tajikistan on social servicing

The legislation of the Republic of Tajikistan on social servicing of the population is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 2. Basic concepts

In this Law the following basic concepts are applied:

social servicing - complex of the social services connected with activities of social services for social support, rendering social, social and medical, psychology and pedagogical, social and legal, other services and financial support, carrying out social adaptation and rehabilitation of the citizens who are in difficult life situation;

social services - the organizations, irrespective of patterns of ownership, the individual entrepreneurs providing social services;

social services - the types of activity, works directed to requirements satisfaction of citizens, made in their interests on assistance in difficult life situations, on their prevention;

the social service provider - the citizen consisting in employment relationships with governing bodies of social servicing or the organizations of social servicing of the population which fundamental labor obligation are activities for provision of social services;

the user of social service - the citizen or group of citizens which are in difficult life situation, which with respect thereto social services are provided;

difficult life situation - the situation which is objectively breaking normal activity of the citizen or situation which he cannot independently overcome, namely:

- disability;

- old age (old age);

- disease;

- consequences of industrial injury and occupational disease;

- loss of the supporter, loneliness, orphanhood, neglect;

- lack of certain residence;

- steady mental dependence, consequences of violence or the situations connected with risk for life;

- other difficult life situations.

Article 3. Purposes of social servicing

The purposes of social servicing are:

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

- message possibility worthy, safe life, with participation at the same time in cases of society;

- assistance to citizens in overcoming difficult life situations which they are not able to resolve by means of own means and the available opportunities;

- activization of own efforts of citizens and families, creation of conditions for the independent decision of the arising problems by them;

- prevention of difficult life situations.

Article 4. Principles of social servicing

Social servicing is performed on the principles:

- responsibility of public authorities and local government bodies, organizations, and also officials for providing the rights of citizens in the sphere of social servicing;

- social justice in case of realization of the rights of citizens in the sphere of social servicing;

- voluntariness of receipt of social servicing and refusal of it;

- humanities, targeting and confidentiality of social servicing;

- priority of provision of social services to children and youth, the expectant mothers, citizens of old age and disabled people who are in difficult life situation;

- priority of measures for prevention of difficult life situations, social education of the population;

- equal conditions of activities of social services of all patterns of ownership;

- developments of international cooperation in the sphere of social servicing of the population.

Chapter 2. The rights of citizens in the sphere of social servicing

Article 5. Right of citizens to social servicing

1. The Republic of Tajikistan guarantees to citizens the right to social servicing in the state system of social servicing in its main forms established by this Law.

2. In case of receipt of social services citizens have the right on:

- the valid and humane relation from social service providers;

- choice of the organization and form of social servicing except as specified, stipulated in Article 12 these Laws;

- free information on the rights, obligations, types, procedure and conditions of rendering social services;

- consent to social servicing;

- refusal of social servicing;

- confidentiality of information of personal nature which became to the famous social service provider when rendering social services;

- protection of the rights and legitimate interests, including judicially.

3. Social servicing is performed by social services based on the address of the citizen, his guardian, the custodian, other legal representative, public authority, local government body, public associations.

4. The foreign citizens and persons without citizenship who are constantly living in the territory of the Republic of Tajikistan have the right to social servicing based on provisions of this Law, other regulatory legal acts, the international legal acts recognized by Tajikistan.

Article 6. Right of citizens to receipt of information on social servicing

1. Each citizen has the right to receive free information on opportunities, types, procedure and conditions of social servicing in public authorities, local government bodies, and also bodies of social servicing.

2. Information on social services is provided by social social service providers directly to the citizens needing social services, and concerning persons which did not reach 16 years and persons recognized in the procedure established by the legislation incapacitated - to their legal representatives.

3. The citizens sent to stationary or semiportable organizations of social servicing and also their legal representatives, shall be previously acquainted with conditions of accommodation or stay in the specified organizations and the types of service provided to them.

Article 7. Consent to social servicing

1. Social servicing is performed on condition of the voluntary consent of citizens to receipt of social services, except as specified, of the stipulated in Article 12 these Laws.

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