ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of April 18, 2018 No. 357

About determination of restriction of opportunities

Based on part (3) Article 12 and part (2) article 13 of the Law No. 60 of March 30, 2012 on social integration of persons with limited opportunities (The official monitor of the Republic of Moldova, 2012, Art. No. 155-159, 508), with subsequent changes and amendments, Item b) article 7 of the Law No. 136 of July 7, 2017 on the Government (The official monitor of the Republic of Moldova, 2017, No. 252, the Art. 412), parts (2) article 32 of the Law No. 98 of May 4, 2012 on the central branch public management (The official monitor of the Republic of Moldova, 2012, Art. No. 160-164, 537), with subsequent changes and amendments, and also for the purpose of improvement of process of determination of restriction of opportunities DECIDES: the Government

1. Approve:

1) Regulations on the organization and functioning of the National consultation on establishment of restriction of opportunities and working capacity according to appendix No. 1;

2) Structure and extreme number of the National consultation on establishment of restriction of opportunities and working capacity according to appendix No. 2;

3) the Instruction for determination of extent of restriction of opportunities, according to appendix No. 3.

2. Recommend to regional/local government boards of administrative and territorial units of the second level, including People's assembly of Gagauzia, provide in premises of territorial structures of the public assistance of space for implementation of activities of specialists of territorial structures of the National consultation in establishment of restriction of opportunities and working capacity.

3. The expenses connected with the organization and ensuring activities of the National consultation for establishment of restriction of opportunities and working capacity to cover within the financial resources provided in the government budget.

4. To impose control of execution of this resolution on the Ministry of Health, work and social protection.

5. This resolution becomes effective since May 1, 2018.

6. From the date of entry into force of this resolution Order of the Government No. 65 of January 23, 2013. "About determination of restriction of opportunities and working capacity" (2013, Art. No. 18-21, 104) to consider the official monitor of the Republic of Moldova invalid.

Appendix №1

to the Order of the Government of the Republic of Moldova of April 18, 2018 No. 357

Regulations on the organization and functioning of the National consultation on establishment of restriction of opportunities and working capacity

I. General provisions

1. This Provision establishes procedure for the organization and functioning of the National consultation on establishment of restriction of opportunities and working capacity (further - the Consultation).

2. The consultation is the public institution subordinated to the Ministry of Health, work and social protection, by the only thing given authority in the field of establishment of extent of restriction of opportunities.

The staff list of the Consultation affirms the Ministry of Health, work and social protection within the extreme number specified in appendix No. 2 to this resolution.

The consultation is legal entity, has seal with the image of the State Emblem of the Republic of Moldova and the name, the website, treasurer accounts and manages the Automated information system.

2-1. The automated information system of the Consultation (further - the Automated information system) is information system which allows to increase efficiency of the procedure of consideration of the applications about determination of restriction of opportunities and working capacity, and also to provide accounting of all requests and persons interacting with the Consultation.

3. For realization of tasks of state policy in competence as a part of the Consultation control services behind establishment of extent of restriction of opportunities, service on establishment of extent of restriction of opportunities, registration office and archiving and territorial structures, not being legal entities function.

II. Mission, functions, obligations and basic rights of the Consultation

4. The mission of the Consultation consists in ensuring implementation of provisions of regulations on establishment of extent of restriction of opportunities, having ultimate goal assistance of social integration of persons with limited opportunities.

5. For the purpose of realization of the mission the Consultation is equipped with the following main functions:

1) implementation of the legislation in the field of establishment of restriction of opportunities, and also social and medical support, employment of the population and education within the functional competences established by this Provision;

2) providing the organization and functioning according to the legislation of system of establishment of restriction of opportunities, and also permanent improvement of quality of system, including by reduction in compliance with international standards in the field;

3) establishment of extent of restriction of opportunities at persons (the citizens of the Republic of Moldova and foreigners specified in part (1) article 2 of the Law No. 274 of December 27, 2011 on integration of foreigners in the Republic of Moldova), including children aged up to 18 years;

4) strategic planning, the analysis, monitoring and assessment implemented the politician and activities process;

5) cooperation with suppliers of medical services, territorial structures of the public assistance and social security, organizations in the field of employment of the population and education for the purpose of accumulating and exchange of information and data by means of the Automated information system and on paper only in case of lack of interaction of the Automated information system with information systems of some organizations / organizations, necessary for providing complex, objective and high-quality research in the course of determination of restriction of opportunities;

6) administration of the Automated information system and accounting of persons which determined extent of restriction of opportunities;

7) informing citizens on their right to determination of extent of restriction of opportunities, on the criteria determining extent of restriction of opportunities and about the procedure of its appeal.

6. The consultation carries out the following obligations:

1) is provided by establishment of extent of restriction of opportunities according to the approved criteria, based on the file of citizens or at their presence, on demand;

2) establishes the circumstances/reasons of restriction of opportunities and the period for which extent of restriction of opportunities is determined;

3) is provided by the analysis of the reasons of primary restriction of opportunities and makes recommendations concerning preventive measures;

4) formulates general recommendations of rather necessary measures for rehabilitation and social integration of person with limited opportunities and provides monitoring of their execution by responsible organizations and persons with limited opportunities;

5) in the course of determination of extent of restriction of opportunities is provided, without fail, by accidental distribution of the file through the Automated information system of persons requesting primary/repeated determination of extent of restriction of opportunity;

6) electronic accounting in the Automated information system and on paper provides persons to whom extent of restriction of opportunities was initially/repeatedly established, generalizing disaggregated statistical data, extents of restriction of opportunities, sex, age (including on age groupes of children, adult, elderly people), to the residence (including the living environment: city, village), recommendation, etc.);

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