The delicate balance of interests
In Kostanay a pharmacy was fined for 840 000 KZT as a result of the lack of a ramp. However it is not in the list of objects, that are the most frequently visited by disabled people
The penalty on a large network of pharmacies LLP "Farmakom" Impex” in the region was imposed by the department of the Committee of Labor and Social Protection by the results of an unscheduled inspection. It was conducted after a complaint. The head of the company Vladimir Petrosov appealed to the court because he did not agree with the punishment, for several reasons. He named the reasons at a meeting of the Council for the protection of the rights of entrepreneurs, which considered the issue.
The businessman said that the building in which the pharmacy is located, was built in 2001 and was officially commissioned for use without a ramp. Law on Social Protection of Disabled People was released in 2005, since that time the company has built new pharmacies with ramps. Those that were built earlier, and included in the Action Plan to ensure the rights of the disabled in the 2012-2018 years, were converted to the needs of people with disabilities.
"But the pharmacy on which was imposed the fine, was not included in the plan, that is, we do not have any obligations. And if it is subject to reconstruction - the question must be addressed in a comprehensive, involving architecture department, land committee, etc. This pharmacy is located in a panel building, the entrance door is 90 centimeters, its expansion is completely forbidden. And in this case I personally do not understand the order of inspections, when there are dozens of facilities, shops and pharmacies without ramps but someone points a finger on us," - says Vladimir Petrosov.
As another argument the entrepreneur said that there is no state standard for people with disabilities to get unrestricted access to infrastructure. That is, there is no guarantee that the attached ramp will comply with all regulations and regulatory authorities in the future will not have comments. Representatives of the Department of Social Protection, in turn, are convinced that the state standard today was replaced by the building code. At the same time they do not have right not to respond to complaints. The Code of Administrative Offences provides for specific measures - a fine.
The lawsuit of LLP "Farmakom" Impex" in the first instance was dismissed, the case will be considered by the Appeal Board.
"Rights of disabiled must be respected, and this is not objected. But the legal aspect. The Law on Social Protection has an article that states that if there is no way to convert the building, it is necessary to completely adapt to the needs of people with disabilities. But like most? Again, there is no clear criteria. Therefore, we have sent a letter to the Ministry with a request for clarification", - said Deputy Director of the Chamber of Entrepreneurs of Kostanai region Samat Sadvakassov.
As a result, the Council recommended to the Chamber to provide legal support to the company and the Department of Labor committee to conduct explanatory work among businesses on the need to comply with the requirements of existing legislation on protection of the rights of people with disabilities.
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