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Unofficial translation

Law on Social Services

Law No 966-IV from 19 June 2003

The Law stipulates fundamental organizational and legal norms governing the provision of social services to persons enduring adverse life circumstances and necessitating exterior assistance. 

Part I

General Provisions

Article 1 – Definition of key terms

Below presented are the definitions of terms used in the given Law:

Article 2 - Fundamental assumptions for the provision of social services

The fundamental assumptions for the provision of social services embrace the following:

Article 3 - The core principles of social service delivery 

The provision of social services is grounded on the following principles:

Article 4 – Legislative acts pertaining to social services

Ukrainian legislation pertaining to the issue of social services is rooted in the Constitution of Ukraine ( 254к/96-ВР) and consists in the present Law, other normative acts and international treaties endorsed by Ukraine. 

In cases, when the requirements for social service delivery stipulated by such international treaties are higher than those provided by Ukrainian legislation, the provisions of the international treaty shall be applied.  

Part II

Protecting the Right of Persons, Undergoing Adverse Life Circumstances and Necessitating Exterior Support, to the Enjoyment of Social Services

Article 5 - Types of social services and the modes of delivery

The key types of social services comprise material aid and social assistance.  

Material aid shall be provided to persons undergoing adverse life circumstances, in monetary of natural form (i.e. food, sanitary and personal hygiene items, child care supplies, clothes, footwear and other consumer goods, power utility, technical and supplementary rehabilitation tools. 

Social assistance shall be performed by the means of social service delivery – conditional on the place of residence:

The current law sanctions the delivery of the following types of social services:

Entities engaged in social service delivery can provide innominate social services outlined in the list of rewarded social services, specified by the Cabinet of Ministers of Ukraine.  

The list of social services, including the description of their concept and quality, is contained in the State Classification of Social Norms and Standards commended by the Cabinet of Ministers of Ukraine and published in mass media by central executive bodies.   

The list and service delivery procedure conditional on the type of mandatory social insurance is subject to legislation pertaining to mandatory social insurance.   

Article 6 – Right to social service enjoyment

The right to social service enjoyment is granted to the citizens of Ukraine, aliens and expatriates, including refugees residing in Ukraine on legitimate basis and undergoing adverse life circumstances.   

Part III

Administering Social Service Delivery

Article 7 – Social service delivery procedure

Entities engaged in social service delivery, shall carry out their activity on professional basis as per the relevant provisions or the statutory documents, where the complete list of social services, the categories of prospective recipients, and the delivery procedure are specified. 

Entities delivering social services on fiduciary basis can employ other entities, establishments, organizations and individuals (i.e. volunteers). 

Social services can be paid as well as free-of-charge.  

State and communal institutions shall deliver social services free-of-charge in quantity specified by state standards for social service to the following groups of individuals: 

Individuals incapable of sustaining themselves due to maturity, disease, disability and have no relatives to provide them with care and support; 

Individuals undergoing adverse life circumstances due to unemployment  (if such individual(s) is (are) registered in state unemployment center as those seeking job), due to calamities, catastrophes, war and ethnic refugees, if the average income of such individual(s) is below the stipulated  minimum wage level;  

Children and youth undergoing adverse life circumstances due to disability, disease, orphanage, destitution,  indigence, conflicts and family cruelty; 

The exhaustive list of social services, the delivery qualifications, and the tariff regulations shall be stipulated by the Cabinet of Ministers of Ukraine. 

Individuals engaged in delivery of social services shall receive remuneration in the amount stipulated by the Cabinet of Ministers of Ukraine. 

Article 8 – Social service delivery procedure for non-governmental institutions

Non-governmental institutions aiming to deliver social services on professional basis at their expense, or using external financial sources, state or municipal budget(s), shall do so on the basis of relevant license and in course specified by the Cabinet of Ministers of Ukraine.  

Article 9 – Social service enjoyment procedure

To enjoy social services offered by governmental and communal institutions, the prospective recipient shall submit appropriate written request to the regional executive body or local self-governing body.

In order to enjoy social services delivered by non-governmental institutions, the prospective recipient shall address the appropriate entity engaged in provision of this particular type of service. 

In cases, when a person necessitating social service is incapable of undertaking the appropriate decision due to mature age or poor health condition, such decision can be undertaken on his behalf by the guardian or the custodian as specified by relevant legislation.  

Article 10 – The fundamental rights granted to the recipients of social services

On receiving social services any individual is entitled to:

Article 11 – Fundamental rights and responsibilities of social service providers

Social service providers are entitled to:

Social service providers are stipulated to:

Article 12 – Social services structure and management

The delivery of social services is based on the employment and development of all types of ownership and comprises governmental and non-governmental sector. 

Governmental sector encompasses state-owned entities engaged in the delivery of social services and coordinated through central executive bodies. 

Communal sector encompasses community-owned entities engaged in the delivery of social services and coordinated through local self-governing bodies. 

The coordination of governmental and communal sector shall be carried out by the appropriate executive bodies and local self-governing bodies. 

Non-governmental sector embraces, inter alia, public, charitable, religious organizations and individuals engaged in social service delivery.  The management of non-governmental sector shall be performed in accordance with the appropriate legislative acts and respective statutory documents.

Governmental and communal entities and establishments engaged in social service delivery are not subject to privatization and cannot alter their sphere of activity. 

The founding, functioning, reorganization and liquidation procedure for entities and establishments engaged in social service delivery, regardless of the type of ownership, is stipulated by the Ukrainian legislation.  

Scientific and methodological support to the sphere of social services is performed through governmental agencies. 

Article 13 – Collaboration within the course of administering social service delivery

In the course of administering social service delivery central, local executive institutions and self-governing bodies shall collaborate with each other and with other entities engaged in social service delivery, with legal persons as well as with individuals. 

In cases, when non-governmental institutions or individuals employ funds assigned by the government for performing social service delivery in order specified, the local executive bodies, local self-governing bodies shall enter into relevant agreement with such social service provider, selected on competitive basis.  The aforementioned agreement shall sanction the terms of financing, the requirements as for the amount, procedure and quality of social service to be delivered. 

The rules and procedures for such competitions (tenders) for governmental funding to social service providers are stipulated by the Cabinet of Ministers of Ukraine. 

Local executive agencies and local self-governing bodies, that assign governmental funds to finance social service delivered by the selected non-governmental entities are in charge of exerting control over the employment of funds and the quality of delivered services.   

Article 14 – Social service financing

Sources of social service financing include state, regional budgets, ad hoc funds, funds provided by other entities, institutions and organizations, fees paid for the social services, charitable contributions (donations), funds supplied by the recipients of the social services and other sources outlined by current legislation.  

Regional budgets shall assign funds necessary to finance social services.  

State and regional budgets shall assign funds for financing specialized programs of social service delivery. 

Financing regional programs for social service development shall be derived from direct state subventions (subsidies), from co-operating funds of regional budgets to be employed in implementation of joint projects.  

Article 15 – Restrictions to the enjoyment of social services 

If the recipient of social services, without any valid reason, fails to observe relevant requirements, the service provider shall present written notification of feasible denial in further service delivery, or the imposition of certain restrictions on further service delivery to such individual.    

If, after the receipt of the aforementioned written notification, the individual continues his/her inobservance of the requirements, the respective service provider is entitled to unilateral termination or the imposition of restriction on further service delivery to such individual.  The service provider is stipulated to submit written notice to the individual and the local executive or local self-governing body. 

The imposition of restriction on the enjoyment of one type of social service shall not be the reason for the imposition of restriction on the enjoyment of other type of social service. 

Part IV

Professional Activity in the Sphere of Social Service Delivery  

Article 16 – Right of professional activity in the sphere of social service delivery

Professional activity in the sphere of social service delivery is subject to licensing.  Rules and procedures for such licensing are stipulated by the Cabinet of Ministers of Ukraine. 

Article 17 – Human resource employment in the sphere of social service delivery 

Social service delivery shall be performed by social workers and other individuals, duly qualified and personally capable of delivering social services. 

Volunteers can also be engaged into the delivery social service; volunteering activity is regulated by relevant provisions sanctioned by the Cabinet of Ministers of Ukraine. 

Relevant central executive bodies stipulate qualification requirements imposed for social workers and other social service providers, as well as the attestation procedure. 

Article 18 — Administering and coordinating social service delivery

Central and regional executive bodies, as well as local self-governing bodies within the competence, shall administer and coordinate social service delivery performed by relevant entities.  

Relevant regional executive bodies, self-governing bodies and other competent institutions responsible for financial controlling shall exercise control over the allocation of budget funds assigned for the provision of social services.   

Part V

Responsibility for Violating the Provisions of Legislation Pertaining to Social Services

Article 19 – Contesting denial, termination or restriction of social service delivery

The decision as for the denial, termination or restriction of social service delivery by governmental or communal institutions, can be contested at central or regional executive body or self-governing body, whichever granted the permission for social service delivery (for non-governmental institutions – the body which had granted the permission social service delivery), or at court.   

Article 20 – Responsibility for violating the provisions of legislation pertaining to social services

Persons guilty of violating the provisions of legislation pertaining to social services shall incur civil, administrative or criminal responsibility amenably to Ukrainian legislation. 

Part VI

International Collaboration

Article 21 – The role of Ukraine in international collaboration in the sphere of social services 

Ukraine participates in international collaboration in the sphere of social services. 

Part VII

Ultimate Provisions

1. The afore presented law shall come into effect on January 1, 2004.  

2. The Cabinet of Ministers of Ukraine is stipulated to:

3. Until the related Laws and normative acts are brought to congruence with the said Law, only non-conflicting provisions of such Laws and normative acts shall be applied.