Buk M. Legal Regulation of Social Services Providing for Disabled Persons in Ukraine

The thesis deals with the research of problems of legal regulation of social services providing for disabled persons in Ukraine. The definition of disability is substantiated. It means the basis of social services as a permanent loss of health, which limits his life, prevents the ability to carry out activities in the manner and within normal for humans, and results in the need to minimize the consequences of difficult life circumstances and include such a person in the community. The dissertation examines the content of the right to social services for persons with disabilities, which provides for the possibility of a person with disabilities, when a social risk occurs, to receive a set of social services within the limits defined by law or a contract concluded within the framework of the law, to minimize the negative consequences of social risk and include such a person in the community. The scientific concept of "principles of social services for disabled persons" as ideas that determine the scope of social services, the procedure for establishing the rights and responsibilities of the subjects of social services, the mechanism of their implementation, as well as guarantees to protect the rights and legitimate interests of disabled persons were clarified. The main problems of compliance with the principle of voluntary provision of social services to disabled persons who are in specialized institutions for the provision of psychiatric care have been identified. Proposals on the need to create a control and supervisory body are formulated. The main task of it would be to monitor and supervise the observance of patients' rights in such institutions. The dissertation substantiates the definition of social service providers as legal entities and individuals, individual entrepreneurs with a branch legal personality, whose purpose is to provide social services and who have received a license to operate in the field of providing such services. It has been proved that the legal status of social service providers is binding. It presupposes the obligation of the subject in the manner and under the conditions provided by law or contract (concluded within the law) to provide a person with the necessary type of social services and to require the other party to perform its duties. A person with a disability who needs social services exercises his/her right by requesting the relevant subject (which facilitates the provision of social services or directly provides social services) the state government body or local authorities are obliged to verify the validity of its needs. It is analysed that the basis for social services providing is a contract that is concluded between a Territorial Social Service Centre and a disabled person or his/her legal representative. It is established that the basis of such an agreement is a social security obligation. It is proposed to develop a procedure and criteria for assessing the needs of disabled persons in social services. They should include as follows: (1) the rights and responsibilities of the subjects of assessing the needs of the individual/family in social services; (2) entities that, based on needs assessment, should develop an individual plan for social services provision; (3) the procedure for approving an individual plan for the social services provision; and (4) the grounds and procedure for reviewing individual plans of social services recipients. Particular attention is paid to the need for professional training for employees of social service providers. Such training should include: 1) research and system analysis of regulations in the field of social services; 2) acquaintance with the ethical rules, applied in working environment with recipients of social services; 3) necessary skills and techniques development of employees that can increase the effectiveness of social services. Arguments are provided concerning the necessity to improve the structure of territorial centers of social services (provision of social services), taking into account their functions in the process of organizing and providing social services and taking into account the requirements of state standards of social services. Considerable attention is paid to the problems of legal liability for non-performance or improper performance of an Individual Rehabilitation Program for disabled persons by obligated entities. The necessity of founding the Disabled Persons Rehabilitation National Council is justified.