On Introduction Of Amendments To Certain Legislative Acts Of Ukraine Regarding Professional And Labor Rehabilitation Of Invalids

Original Language Title: Про внесення змін до деяких законодавчих актів України щодо професійної і трудової реабілітації інвалідів

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/2960-15

                                                          
With a k o n u r as th n and on amendments to certain legislative acts of Ukraine regarding the vocational and rehabilitation of the disabled (Supreme Council of Ukraine (BD), 2006, N 2-3, art. 35) {amended in accordance with the code of 2755 N-VI (2755-17) from the 02.12.2010, BD, 2011, N 13-14, 15-16 N, N 17, art. 112} the Verkhovna Rada of Ukraine n o s t a n o in l I is : I. Make changes to the following acts: 1. Article 188-1 of the code of administrative offences (80731-9) (Supreme Council of USSR, 1984, annex to N 51, art. 1122) add to part of the second such "non-fulfillment of official, which enjoys the right to take on the job and dismiss from work, an individual that uses hired labor, standard jobs for employment of the disabled, failure to Fund social security disability report on employment and the employment of the disabled-entail the imposition of a fine of ten to twenty tax-free allowances from citizens."
2. Law of Ukraine "on social protection of disabled persons in Ukraine" (875-12) (Supreme Council of Ukraine, 1991, N 21, article 252; 1994, N 45, 404, 406; 1996, 52 N, St. 301; 2000 N 43, St. 363; 2001 N 45, art. 237;
2003 N 37, art. 300, N 39, art. 333; 2004 N 17-18 centuries. 250 N, 37, art. 451, St. 453; 2005, N 7-8, St. 162, NN 17-19 centuries. 267, N 25, art. 337): 1) of the second paragraph of article 1 is to lay out in the following wording: "the Central and local executive bodies and local self-government bodies, enterprises, institutions and organizations (regardless of the form of ownership and management, activity and industry affiliation), their subsidiaries, affiliates, representatives, leading a separate accounting of the results of financial and economic activity, banks and other financial institutions, individuals who used hired labor, as well as representative offices of foreign legal entities (including international organizations) that use labor of hired workers-citizens of Ukraine, unless otherwise provided by international agreements of Ukraine, consent to be bound by the Verkhovna Rada of Ukraine, attracted representatives of public organizations of invalids to the decisions concerning the interests of persons with disabilities ";
2) articles 10-12 put in the following wording: "article 10. Funding measures for the social protection of invalids and disabled children is carried out by the Fund of social protection of the disabled, as well as local authorities for local programs of social protection of certain categories of the population at the expense of local budgets.
The position of the Fund of social protection of the disabled shall be approved by the Cabinet of Ministers of Ukraine taking into account the proposals of Ukrainian public organizations of invalids.
Article 11. The budget of the Fund of social protection of invalids is formed at the expense of the State budget, charitable contributions, voluntary contributions and other income.
Local governments have the right to establish trust funds social assistance to the disabled, which is part of the Special Fund of the relevant local budget. The procedure and conditions of spending these funds are determined by local authorities with the participation of public organizations of invalids.
Article 12. Public organizations of disabled people and the Union of public organizations of persons with disabilities (hereinafter referred to as non-governmental organizations of disabled persons) are created with the purpose of realization of measures on social protection, rehabilitation of the disabled, involvement in socially useful activities, physical culture and sports and are entitled to enjoy the privileges and preferences provided for by law ";
3) part of the first and second article 14 to lay out in the following wording: article 14. Public organizations of disabled persons provide social services, public control over the observance of the rights of persons with disabilities, representing and protecting the rights of the disabled, enterprises that carry out commercial and non-profit economic and other activity, not forbidden by the legislation.
The products of the enterprises and organizations of public organizations of invalids is included in the State order in the order established by the Cabinet of Ministers of Ukraine ";
4) article 14-1-14-3 put in the following wording: "article 14-1. Enterprises and organizations of public organizations of invalids have the right to benefits from taxes and charges (statutory payments) in accordance with the law of Ukraine on taxation. Apply specified benefits such enterprises and organizations have the right if you have permission to use the tax benefits provided by the quarter, half, three quarters of the year, the Commission on the activities of enterprises and organizations of public organizations of persons with disabilities (hereinafter the Commission).
The Commission is a specially authorized State body created to determine the appropriateness of granting state aid to enterprises and organizations of public organizations of disabled people in the form of tax incentives, repayable and non-repayable financial aid (hereinafter financial aid), loans, assistance in the provision of priority with the State order, in employment and in other forms, and

conducting accounting and control the use of such assistance.
Financial and logistics Committee is carried out at the expense of the State budget of Ukraine.
Regulation on the Interdepartmental Commission on questions of activity of enterprises and organizations of public organizations of invalids, the default position of the Regional Commission on the activities of enterprises and organizations of public organizations of invalids approved by the Cabinet of Ministers of Ukraine.
The Commission includes representatives of the Ministry of labour and social policy of Ukraine (including the Fund of social protection of the disabled), the State tax administration of Ukraine, the State Customs Service of Ukraine, the Ministry of transport and communications of Ukraine, Ministry of Finance of Ukraine (including the main control and inspection Administration), the Ministry of economy of Ukraine, the State Committee of Ukraine on land resources, people's Deputy of Ukraine-representative profile Committee of the Verkhovna Rada of Ukraine on social security disability and representative , claimed all-Ukrainian public organizations of invalids.
The Chairmen of the Commissions is ex officio the Minister of labor and social policy of Ukraine and the Chairman of the Verkhovna Rada profile Committee on social protection of invalids or authorized by them.
The Commission has a regional (territorial) bodies-the Commission on activities of enterprises and organizations of public organizations of invalids in the Autonomous Republic of Crimea, oblasts, cities of Kyiv and Sevastopol (hereinafter the regional commissions).
The composition of the regional committees comprise representatives of relevant departments of the Autonomous Republic of Crimea, regional, Kyiv and Sebastopol city State administrations of the Ministry of labour and social policy of Ukraine (including the Fund of social protection of the disabled), the State tax administration of Ukraine, the State Customs Service of Ukraine, the Ministry of transport and communications of Ukraine, Ministry of Finance of Ukraine (including the main control and inspection Administration), the Ministry of economy of Ukraine, the State Committee of Ukraine on land resources Representative Committee (Commission) on social protection of invalids under the Supreme Council of the Autonomous Republic of Crimea, regional, Kyiv and Sebastopol city councils and representative, claimed public organizations of invalids.
The Chairmen of the regional commissions are in accordance with the Deputy Chairman of the Council of Ministers of the Autonomous Republic of Crimea, and Deputy Heads of regional, Kyiv and Sebastopol city State administrations and head of specialized commissions on social security disability the Verkhovna Rada of the Autonomous Republic of Crimea, regional, Kyiv and Sebastopol city councils or authorized by them.
Article 14-2. The decision to allow enterprises and organizations of public organizations of invalids to use benefits from taxation, obtaining loans, financial assistance shall be accepted by the Commission and the regional commissions in accordance with the regulations, approved by the Cabinet of Ministers of Ukraine, on the basis of technical, economic and social justification of measures for the implementation of which will use the funds.
The decision of the Commission and of the regional commissions on granting permission to enterprises and organizations of public organizations of invalids to use tax breaks or the refusal to provide such permission must be substantiated and be based on an analysis of the social value of the respective enterprise, organization of public organization of invalids and employment opportunities of the disabled.
The Commission shall decide on: allowing enterprises and organizations of public organizations of invalids to use benefits from taxation;
the appropriateness of providing businesses and organizations with public organizations of disabled people loans, financial aid (other than financial assistance for the implementation of measures for the athletic sports rehabilitation, which is provided by the National Committee of sports of the disabled of Ukraine) taking into account the financial opportunities Fund of social protection of invalids.
The Regional Committee take a decision on the issues mentioned in the third part of this article in respect of enterprises and organizations of public organizations of invalids, who received for the previous tax year's gross income to the extent the smaller the 8400 minimum wages.
The Commission exercises control over the activities of the regional commissions and resolves disputes.
The procedure and criteria for granting permission for the use of tax incentives, the grounds for refusal to provide such permission and repeal it, as well as the procedure and conditions for granting loans, financial assistance to enterprises and organizations of public organizations of invalids are determined by the Cabinet of Ministers of Ukraine taking into account the proposals of Ukrainian public organizations of invalids.
Article 14-3. The decision to cancel the permission for the right to use the benefits of the taxation of enterprise, organization of public organization of invalids is accepted by the Commission in the case of: receipt of public organization of invalids on

the abolition of the specified permission;
the submission of the relevant organs of the State tax service and other State bodies of violations of the legislation of Ukraine, organization of public organization of invalids;
inefficiencies in the production activity and the absence of social significance according to the analysis by the Commission of socio-economic indicators of enterprises, organization of public organization of invalids;
liquidation of the enterprise, organization of public organization of invalids ";
5) articles 19 and 20 lay in the following wording: article 19. For enterprises, institutions, organizations, including businesses, organizations, public organizations of persons with disabilities, individuals who use hired labor, set the standard jobs for employment of disabled persons in the amount of four percent of the population and specialized staff account is part of a year, and if the works from 8 to 25 persons-in one place.
Enterprises, institutions, organizations, including businesses, organizations, public organizations of persons with disabilities, individuals who used hired labor, expect the number of jobs for employment of persons with disabilities in accordance with the standard defined by part one of this article, and provide employment for the disabled. When calculating the number of jobs is rounded to an integer value.
Enterprises, institutions, organizations, including businesses, organizations, public organizations of persons with disabilities, individuals who used hired labor, independently carry out the employment of the disabled at the expense of standards of jobs on the basis of the requirements of article 18 of this law.
Within these standards is also the employment of the disabled by reason of mental disorder according to the law on psychiatric assistance (1614-15).
Implementation of standard jobs in the amount defined in accordance with part one of this article, be deemed employment enterprise, institution, organization, including the enterprise, organization of public organizations of invalids, a natural person who uses hired labor, disabled, for whom this work is preferred.
The performance of enterprises, institutions, organizations, individuals, who used hired labor, standard jobs, determined in accordance with part one of this article, may be credited with ensuring the work of persons with disabilities in enterprises, organizations, public organizations of persons with disabilities by creating business associations of enterprises, institutions, organizations, individuals, who used hired labor, businesses, organizations, public organizations of disabled persons with the aim of coordinating production, research and other activities to address shared economic and social tasks.
Procedure for registration in the social security disability, its offices, terms of submission to him, reports on employment and the employment of the disabled, matriculation number of jobs for employment of the disabled, the control over the implementation of standards of jobs and enterprises, institutions, organizations, including businesses, organizations, public organizations of persons with disabilities, individuals who use hired labor, for their registration in the Fund of social protection of the disabled, its offices, filing an annual report and pay them administrative-economic sanctions as well as providing public service employment information, necessary for the employment of the disabled, are determined by the Cabinet of Ministers of Ukraine.
Department of the Fund of social protection of the disabled in order to control the execution of standard jobs under part one of this article, shall have the right, in the manner prescribed by the Cabinet of Ministers of Ukraine, to carry out inspection of enterprises, institutions, organizations, including businesses, organizations, public organizations of persons with disabilities, individuals who use hired labor, on registration in the Fund of social protection of invalids, filing them reports on employment and the employment of persons with disabilities, the implementation of standard jobs designed for the employment of disabled people, including by means of crediting and paying them administrative and economic sanctions.
Enterprises, institutions, organizations, including businesses, organizations, public organizations of disabled individuals, in which the principal place of work is working more than 8 persons, registered in the respective branches of the Fund of social protection of the disabled in its location and each year submit this section report on employment and the employment of the disabled.
Managers of enterprises, institutions, organizations, including businesses, organizations, public organizations of persons with disabilities, individuals who used hired labor, in the event of failure by the performance standards of jobs for employment of the disabled, failure to Fund social security disability report on employment and the employment of persons with disabilities shall bear responsibility according to the law.
Standard jobs for employment

disabled, the order of its installation are determined solely by this law. If other laws are set by the standards of jobs intended for employment of the disabled, or the order of their installation, other than specified in this Law, the provisions of this law.
Article 20. Enterprises, institutions, organizations, including businesses, organizations, public organizations of persons with disabilities, individuals who used hired labor, where seredn′ooblìkova number of employed persons with disabilities is less than is set to normativom, according to the article 19 of this law, every year, pay to the relevant Department of the Fund of social protection of invalids administrative penalties, the amount of which is determined by the amount of the average annual wage in the respective enterprise, institution, organization, including the enterprise, organization of public organizations of invalids , a physical person who uses hired labor, for each workstation designed for employment of the disabled and the handicapped is not busy. For enterprises, institutions, organizations, including businesses, organizations, public organizations of disabled individuals, which runs from 8 to 15, the size of the administrative and economic sanctions for workplace designed for employment of the disabled and the handicapped is not busy, determined at the rate of half the average annual salary at the respective enterprise, institution, organization, including the enterprise, organization of public organizations of invalids in the individual that uses hired labor.
Violation of the terms of payment of administrative and economic sanctions entails the charging of a penalty. The penalty is calculated based on the 120 percent annual discount rate of the National Bank of Ukraine, which operated at the time of payment, the amount billed for the full self-organization for the entire time.
Payment of administrative and economic sanctions and penalties of the enterprise, institution or organization, including businesses, organizations, public organizations of persons with disabilities, individuals who used hired labor, conducted according to the law at the expense of profits, which remains at their disposal after payment of all taxes and charges (statutory payments).
Administrative sanctions are calculated and paid by enterprises, institutions and organizations, including businesses, organizations, public organizations of disabled individuals, listed in part 1 of this article, in the period up to April 15 of the year following the year in which occurred the violation ratios set by the first part of article 19 of this law. The relations with the collection of administrative and economic sanctions, stipulated by this law, does not apply to the terms defined in article 250 of the commercial code of Ukraine (435-15).
In case of failure of the administrative-economic sanctions or penalties, or the impossibility of their payment for the decision of the Economic Court of their charging forcibly can be drawn on the property of enterprises, institutions, organizations, including businesses, organizations, public organizations of invalids, a physical person who uses hired labor, in the manner prescribed by law.
The amount of administrative and economic sanctions and penalties that came to the State budget, the Fund of social protection of the disabled: the financing of this Fund activities that are central bodies of executive power and subordinate them to institutions, including specialized enterprises, organizations, and public organizations of invalids, concerning social, labour, physical culture and sports (at the request of the National Committee of sports of the disabled of Ukraine) and vocational rehabilitation of the disabled;
provision of enterprises, institutions, organizations, including businesses, organizations, public organizations of persons with disabilities, individuals who use hired labor, targeted loans (on a rotating basis with a return of up to three years) for the creation of jobs for the employment of disabled persons, within the limits of the funds foreseen for these needs in the respective year. Targeted loans to enterprises and organizations of public organizations of invalids are only available if the relevant decision of the Commission;
financing of expenses on vocational training non-working disabled persons, including the direction of the State employment service, on professional training of the disabled among the graduates of special comprehensive schools (boarding schools), secondary Sanatorium schools (boarding schools), secondary schools on specialized jobs enterprises, organizations of disabled persons;
the provision of financial assistance for the implementation of social, labour, physical culture and sports (at the request of the National Committee of sports of the disabled of Ukraine) and vocational rehabilitation of the disabled (disaster recovery by providing disabled people technical rehabilitation, creation of conditions for physical culture and sports, education and training, the establishment of workplace disability appropriate sanitary, industrial and technical conditions in accordance with

individual program of rehabilitation of the disabled, disabled special literature and audio for their professional training), employment of disabled people by creating jobs, including special jobs, and providing financial assistance for the technical equipment of existing jobs for employment of the disabled on them and on the technical re-equipment of production of enterprises of public organizations of disabled people in order to create additional jobs and employment opportunities for them. Financial assistance is granted only if the relevant decision of the Commission.
In the case of misuse of financial assistance, loans or parts of enterprises, institutions and organizations, including businesses, organizations, public organizations of invalids, persons who use hired labor, or creating them jobs for employment of the disabled in the fewer than expected terms of loans or repayable financial aid, the amount of these funds, indexed taking into account the level of inflation, shall be returned to the State budget on the basis of the relevant decisions of the Fund of social protection of invalids and Commission (within the limits of its powers).
Order of payment of administrative and economic sanctions and penalties to the branches of the Fund of social protection of the disabled, their accumulation, as well as taking into account the proposals of Ukrainian public organizations of invalids-the use of these funds is approved by the Cabinet of Ministers of Ukraine.
Disputes arising from the legal relationship under articles 19 and 20 of this law, shall be settled by the Fund of social protection of invalids or judicially.
The Fund of social protection of the disabled, its branches have the right to defend their rights and legitimate interests, including in court. "

{Paragraph 3 of section I repealed based on Code 2755 N-VI (2755-17) from the 02.12.2010}

{Paragraph 4 of section I repealed based on Code 2755 N-VI (2755-17) from the 02.12.2010}

{Item 5 of section I repealed based on Code 2755 N-VI (2755-17) from the 02.12.2010}

6. Click the "a" article 27 of the law of Ukraine "about local government in Ukraine" (280/97-BP) (Supreme Council of Ukraine, 1997, N 24, cent. 170) supplemented by clause 9 the following contents: 9) the establishment of trust funds social assistance to the disabled, the determination of the manner and conditions of the spending of these funds. "

{The Paragraph 7 of section I repealed based on Code 2755 N-VI (2755-17) from the 02.12.2010}

II. Final provisions 1. This law shall come into force on January 1, 2006, except paragraph 1 sub 1-3, item 2, item 6 of section I, which take effect from the date of publication of this law.
2. the Cabinet of Ministers of Ukraine in the p'âtimìsâčnij period from the date of enactment of this Act: prepare and submit for consideration to the Parliament proposals on bringing the legislative acts of Ukraine in accordance with this law;
to bring their regulations into conformity with this Act;
ensure enforcement of ministries and other central bodies of executive power of their regulations in conformity with this law and the adoption of the relevant acts stemming from this law.

President of Ukraine v.Yushchenko Kyiv, October 6, 2005, 2960 N-IV