LAW OF THE KYRGYZ REPUBLIC

of April 28, 2017 No. 70

About the state social order

Accepted by Jogorku Kenesh of the Kyrgyz Republic on March 16, 2017

This Law determines legal, organizational and financial basis of forming, placement and implementation of the state social order.

Chapter 1. General provisions

Article 1. The basic concepts applied in this Law and their determinations

For the purpose of this Law the following basic concepts and their determinations are used:

1) the state social order - the mechanism of realization of part of the republican, industry, regional or municipal social programs directed to rendering social services to the population or to achievement of other socially useful purposes by involvement in their realization of legal entities and individual entrepreneurs, based on contractual relations, provided with financing from republican and/or local budgets;

2) the program of the state social order - set of the organizational, economic and technical measures approved by authorized state body or local government body and directed to provision of social services to the population and/or implementation of socially useful projects by means of placement of the state social order;

3) authorized state body - state body which powers include provision of social services to the population or achievement of other socially useful purposes in spheres, the stipulated in Article 5 these Laws;

4) the state customer - authorized state body (or its territorial subdivision) or the local government body placing the state social order and controlling its execution;

5) the contractor of the state social order - the legal entity or the individual entrepreneur who signed the contract for implementation of the state social order with the state customer; the circle of contractors of the state social order can differ depending on form of the state social order;

6) the socially useful project - complex of the actions directed to achievement of the socially useful purposes with fixed terms of realization, and also other parameters, including necessary resources;

7) social service - action for assistance to persons for the purpose of creation of the conditions providing worthy life, and also the assistance in the problem resolution arising in connection with difficult life situation;

8) the social coupon (voucher) - the document certifying the right of physical person to receipt of social service and the right of the legal entity or individual entrepreneur who rendered this service to its payment from budgetary funds, according to the procedure and the sizes provided by the contract for rendering the social service paid by means of social coupons;

9) the receiver of social service - physical person which receives social service according to this Law and the legislation of the Kyrgyz Republic governing the relations in the spheres listed in article 5 of this Law;

10) the register of contractors of the state social orders - the electronic database containing information on contractors of the state social order. The procedure for maintaining the register of contractors of the state social orders is determined by the Cabinet of Ministers of the Kyrgyz Republic.

Article 2. Legislation of the Kyrgyz Republic on the state social order

The legislation of the Kyrgyz Republic on the state social order consists of this Law, the legislation on public procurements, on the state and municipal services, social servicing and other regulatory legal acts of the Kyrgyz Republic accepted according to them.

Article 3. Purposes and tasks of the state social order

1. The purposes of the state social order are the solution of socially important problems of society and achievement of the socially useful purposes at the expense of means of republican and/or local budgets, and also by involvement of intellectual, personnel, material and other resources of legal entities, individual entrepreneurs and citizens.

2. Tasks of the state social order:

1) increase in efficiency and quality of implementation of republican, industry, regional and municipal social programs;

2) accomplishment of obligations of the state in the sphere of providing human rights and freedoms taking into account gender equality;

3) stimulation of activities of legal entities and individual entrepreneurs for rendering social services and implementation of socially useful projects;

4) broad involvement of legal entities, individual entrepreneurs and citizens in the solution of social problems;

5) the solution of the social problems which are not covered or not enough state bodies and/or local government bodies covered by activities;

6) attraction to the social sphere of additional human, material, financial and other resources;

7) creation of alternative mechanisms for effective provision of social services to the population;

8) improvement of quality of social services;

9) effective use of the public funds used for implementation of social programs;

10) creation of the market of social services.

Article 4. Principles of forming and placement of the state social order

The state social order is created and placed on basis:

1) participations of citizens in identification of the most significant social problems requiring the solution and determination of the socially useful purposes;

2) openness and transparency of procedures of placement of the state social order;

3) objectivity of assessment, unity of requirements and creation of equal conditions at all stages of placement of the state social order;

4) equal and open entry to information on placement and implementation of the state social order;

5) legality and justice;

6) individual approach to receivers of social services, accounting of their special needs and requirements;

7) prioritization of the programs directed to provision of social services to vulnerable segments of the population.

Article 5. Spheres of implementation of the state social order

The state social order is performed in the following spheres:

1) protection of socially unprotected categories of citizens, including the families and children who are in difficult life situation, elderly citizens and persons with limited opportunities of health;

2) support of youth;

3) education and education;

4) health and physical wellbeing;

5) medical care;

6) social entrepreneurship (business activity in the socially useful purposes);

7) reducing level of poverty;

8) environmental protection, including protection of disappearing plants and animals;

9) physical culture and amateur sport;

10) science;

11) literature;

12) art;

13) culture;

14) tourism;

15) human rights, including liquidation of racial, ethnic, religious, gender or any other form of discrimination, including protection of the victims of human trafficking;

16) public order and public consent;

16-1) probation;

17) help to migrants, displaced persons and refugees.

Article 6. Forms of implementation of the state social order

1. The state social order is performed in the following forms:

1) public procurements of social services;

2) public financing of socially useful projects;

3) provision of social services by means of social coupons.

2. The state social order in the form of public procurements of social services is applied to purchase of social services when types of service which it is necessary to buy and provide to receivers of social services are known to the state customer. The realization of the state social order in the form of public procurements of social services is enabled according to the procedure, provided by Chapter 2 of this Law.

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