Law of Ukraine "On licensing certain types of business"

June 24 was amended Law of Ukraine "On licensing certain types of business activities" of 01.06.2000 № 1775. Article 9 of the Act has been supplemented by paragraph 68, which introduced compulsory licensing of professional activities in the provision of social services. The list of such services is determined by the Law of Ukraine "On Social Services" from 19.06.2003 № 966. In particular, in accordance with the Act can benefit from such kinds of social services:

social and personal services - providing food, soft and hard stock, hot meals, transportation services, small-scale mechanization, the implementation of welfare patronage, doctor on call, purchase and delivery of medicines and the like;

Psychological Services - providing advice on mental health issues and improving relations with the surrounding social environment, the use of psycho aimed at studying the psychological and social characteristics of personality, to her psychological adjustment or psychological rehabilitation, teaching tips;

social and educational services - identifying and promoting diverse interests and needs of persons who are in difficult circumstances, individual training, educational processes, leisure, recreational sports, technical and artistic activity and the like, as well as engaging the various institutions, public organizations, interested persons;

social and medical services - advice on preventing the emergence and development of possible organic disorders face, maintaining, supporting and protecting her health, the implementation of preventive, therapeutic recreational activities, occupational therapy;

socio-economic services - satisfying the material interests and needs of persons who are in difficult situations, which are realized in the form of cash or assistance, as well as assistance in the form of one-time compensation;

Legal Services - advice on current legislation, the implementation of the rights and interests of persons who are in difficult circumstances (registration of legal documents, attorney assistance, protection of the rights and interests of individuals and the like);

employment services - search for suitable employment, employment assistance and social assistance employed persons;

services for vocational rehabilitation of persons with disabilities - the complex medical, psychological, and information activities aimed at creating favorable conditions for realization of the right to vocational guidance and training, education, employment;

Information services - providing information needed to solve a difficult life situation (referral services), distribution of educational, cultural and educational knowledge (education services), distribution of objective information about consumer properties and types of social services, the formation of certain representations and appeal to the social problems of society ( promotional services);

At first glance, subject to licensing most of the services provided today. However, on closer reading of the Act can come to another conclusion. The Act is silent on the concept of professional social services, as well as the interest is the attachment of social services to "difficult circumstances a person." Under difficult circumstances the person in the Act refers to circumstances where a person is in a state of disability, old age, poverty, lack of home or work. Therefore, providing services to persons who are not on this list, ie, not burdened with difficult life circumstances, not subject to licensing.

It should be noted that social services are defined in the Act as a complex of legal, economic, psychological, educational, medical, rehabilitation and other activities aimed at specific social groups or individuals who are in difficult situations and need assistance, to improve or rebuilding their livelihoods, social adaptation and return to normal life. And the actors who provide social services - state and municipal specialized enterprises, institutions and establishments of social service, subject to central, local executive authorities and local authorities, legal entities established in accordance with the laws that are not for profit, and individuals .

It turns out that if the entity seeks to profit, for example, a law firm or company engaged in the provision of psychological counseling, it is not subject to the provision of social services. But at the same time, the puzzling fact that the introduction of amendments to the Law "On licensing certain types of entrepreneurial activity," purports to require a person who already currently engaged in entrepreneurial activities, to obtain a license, despite the fact that the Law "On social services "under the social services understand the activities, not aimed at making profit.

Furthermore, it turns out that the law firm or a lawyer engaged in private practice, and combining the provision of services to poor people, must obtain a license. The objectives of these changes are not clear, since thus the number of philanthropists is clearly reduced.

Law on Amendments of 06/24/2004 provides for the entry into force on 1 January 2004. At the same time, the Constitution in this case does not provide for retroactive effect of the Act.