LAW OF THE AZERBAIJAN REPUBLIC

of December 30, 2011 No. 275-IVQ

About social servicing

This Law according to Item 16 of part I of article 94 of the Constitution of the Azerbaijan Republic, establishes legal, organizational, economic and organizational basis of state policy in the field of social servicing of persons which are in difficult life situation and governs the relations arising in this area.

Chapter 1. General provisions

Article 1. Basic concepts

1.0. The basic concepts used in this Law have the following values:

1.0.1. social servicing - the complex actions performed in the direction of elimination of social problems of persons (families) which appeared in difficult life situation and creation of opportunities for participation in public life on an equal basis with other people;

1.0.2. difficult life situation - the circumstance which is objectively breaking activity of person (family) which consequence it cannot independently overcome, and the creating basis for its capture on social servicing;

1.0.3. the subjects rendering social services - public authorities, legal entities and physical persons, performing activities in range of definition of demand for social services and social servicing (organization of social servicing, the social worker, the social employee);

1.0.4. organizations of social servicing - the legal entity irrespective of legal form and pattern of ownership performing activities for social servicing of the population;

1.0.5. the social worker - person, according to the procedure, established by this Law, estimating and establishing the needs for social services, and also providing social services;

1.0.6. the social employee - person rendering social servicing;

1.0.7. person (family) taken on social servicing - person (family) to whom in connection with difficult life situation social services are provided;

1.0.8. elderly - person which reached 70-year age;

1.0.9. standards of rendering social services - the regulatory legal acts establishing quality, amount and conditions of provision of social services;

1.0.10. social disaccustoming (disadaptation) - loss by person (family) of capability of adaptation to social environment;

1.0.11. social exclusion (deprivation) - restriction and (or) deprivation of possibility of independent satisfaction with person (family) of the basic vital needs;

1.0.12. social environment - set of material, economic, social, political and spiritual living conditions, forming and activities of person (family).

Article 2. Legislation of the Azerbaijan Republic on social services

The legislation of the Azerbaijan Republic on social services consists of the Constitution of the Azerbaijan Republic, this Law, international treaties which party is the Azerbaijan Republic, and other regulatory legal acts.

Article 3. Coverage of this Law

Operation of this Law extends to citizens of the Azerbaijan Republic, and also the foreigners and persons without citizenship needing social services who are constantly living in the territory of the Azerbaijan Republic.

Article 4. Purpose of social service

The purpose of social service is ensuring prevention of the circumstances aggravating level of living, social psychological state of the citizens leading to their isolation from society, provision of social services in case of difficult life situation.

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

5.0. The basic principles of state policy in the sphere of social services are:

5.0.1. observance of human rights and freedoms;

5.0.2. humanity, voluntariness, confidentiality, tolerance, targeting, justice and availability;

5.0.3. non-admission of discrimination and stigmatization;

5.0.4. providing equal opportunities in receipt of social services by persons (families) which are in difficult life situation;

5.0.5. social integration and improvement of quality of life of the population;

5.0.6. ensuring public participation.

Article 6. Tasks of the state in the sphere of social services

6.0. The main objectives of the state in the sphere of social services are:

6.0.1. forming and realization of state policy in the field of social services, including acceptance of regulatory legal acts and state standards in this sphere;

6.0.2. assistance to participation in activities in the field of provision of social services to persons needing social servicing of municipalities, non-governmental organizations, legal entities and physical persons;

6.0.3. development of single classification of social services;

6.0.4. creation and development of necessary infrastructure and conditions for ensuring social services, including material and technical resources;

6.0.5. ensuring provision of social services to persons (families) needing social servicing in the forms and types of social services established by this Law;

6.0.6. development of international cooperation in the sphere of provision of social services and creation of conditions for experience exchange;

6.0.7. implementation of other measures in the field of social services.

Chapter 2. The organization of provision of social services to persons (families) which are in difficult life situation

Article 7. The bases on which person (family) can be acknowledged being in difficult life situation

7.1. Person (family) can be acknowledged being in difficult life situation in the presence of at least one of the following bases:

7.1.1. loss by children of parents or lack of parent care;

7.1.2. disability of children;

7.1.3. neglect of minors or stay in socially dangerous provision;

7.1.4. inability to self-service in connection with old age, disease, disability, and also absence of relatives or legal representatives who can provide to person (family) the help and leaving. Absence of relatives who can provide the help and leaving to persons not capable to self-service in connection with old age, disease, disability is established by relevant organ of the executive authority according to the procedure, approved by relevant organ of the executive authority;

7.1.5. restriction of activity of person owing to socially important diseases;

7.1.6. person is the victim of human trafficking;

7.1.6-1. when the child is the victim of sexual exploitation or sexual violence;

7.1.7. person suffered owing to domestic violence;

7.1.8. lack of certain residence;

7.1.9. lack of the residence at persons owing to loss of the parents or lack of parent care living in organizations of social servicing and also at general education boarding schools and special general education boarding schools after they left the specified organizations;

7.1.10. finding of person in condition of social disaccustoming (dezaptation) and social exclusion (deprivation).

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