The Law of Ukraine

On Rest and Recreation of Children

Date of entry into force:
January 1, 2009

Article 3 of the present Law shall identify the main principles and guidelines of government policy in the area of rest and recreation of children.

The system of rest and recreation of children shall include:
  • the Cabinet of Ministers of Ukraine, the central body of executive power for family, youth and sports matters, ministries, and other central bodies of executive power whose scope of management shall include rest and recreation facilities for children, local bodies of executive power and local government bodies;
  • other entities and facilities providing for rest and recreation of children.

Further on, Articles 5-8 of the present Law shall determine powers of the above-mentioned bodies, institutions and organizations in the area of rest and recreation of children.

According to Article 9 of the present Law, government social standards for rest and recreation of children shall be a component part of government social standards. Government social standards for rest and recreation of children shall be formed, established and approved according to the procedure set forth by the Cabinet of Ministers of Ukraine with the participation and agreement of other parties of social partnership. Also, the present Law shall specify the component parts of government social standards for rest and recreation of children.

Article 12 of the present Law shall regulate terms and conditions and also ways of providing scientific, methodical and informational support for rest and recreation facilities for children.

According to Article 13 of the present Law, rest and recreation of children may be offered in rest and recreation facilities for children throughout the year, seasonally, at the time of vacations, around the clock, and during the day. Children aged from 7 years to 18 years shall stay in rest and recreation facilities for children on their own. Children aged from 4 years to 6 years shall stay in rest and recreation facilities for children together with their parents or other legal representatives. Rest and recreation for orphans and children deprived of parental care who are being brought up in family-type childrens home and in foster families may be offered in the appropriately identified rest and recreation facilities for children together with parents-teachers and foster parents along with their own children. Children who require special conditions for recreation shall be offered recreation in specially adjusted rest and recreation facilities for children, and they shall be accompanied by parents or other legal representatives, social workers, and so on. The above-mentioned individuals shall stay together with children in rest and recreation facilities for children at the expense of their own funds, charitable contributions, and so on.

In terms of its organizational and legal form, a rest and recreation facility for children may be in state, communal or private ownership. Recreation facilities for children shall include:
  • a sanatorium-type facility for children;
  • a childrens center;
  • a countryside rest and recreation facility.

Rest facilities for children shall include:
  • a day camp;
  • a labor and rest facility for children;
  • a camping.

For the purpose of ensuring rest and recreation of children, it shall be possible to use health resort facilities, boarding houses, recreation centers, sanatoria-preventoria, recreation complexes of enterprises, institutions and organizations, trade unions on condition that the above-mentioned facilities provide services related to rest and recreation

Article 17 of the present Law shall establish that violation of requirements of internal regulations in a rest and recreation facility for children shall entail immediate dismissal of the relevant child from such a facility and sending of the relevant child to the place of their permanent residence at the expense of their parents or other legal representatives.

According to Article 18 of the present Law, a rest and recreation facility for children shall have the right to refuse to admit a child to such a facility in the instance:
  • when there is no recreation package;
  • when the age of the relevant child does not mean the established requirements;
  • when the child who has arrived for the purpose of rest and recreation does not have a medical certificate of a standard pattern.

According to Article 19 of the present Law, a rest and recreation facility for children shall:
  • create safe conditions for the stay of a child, provide for the protection of their life and health, personal property, the rendering of emergency medical aid, insurance against accidents, the implementation of educational programs, and for interesting leisure, and so on;
  • in the instance of the emergence of force-majeure circumstances, provide for immediate evacuation and sending of a child to the place of their permanent residence;
  • in the instance of illness of a child, organize their treatment and, if necessary, their delivery to the place of their permanent residence.

Rest and recreation of children who require special conditions for recreation shall be provided at the expense of funds of the State Budget of Ukraine, local budgets, funds of enterprises, institutions and organizations, trade unions and funds, optional contributions of legal entities and private individuals, and other sources (Article 24 of the present Law).

According to Article 26 of the present Law, rest and recreation facilities for children that shall be fully financed from the State Budget or local budgets may provide services requiring a payment according to the list approved by the Cabinet of Ministers of Ukraine and after receiving the relevant licenses according to the established procedure.

Article 28 of the present Law shall envisage that children may arrive with parents, other legal representatives or as part of groups with individuals accompanying them to a rest and recreation facility for children. Groups of children shall be formed and the individual accompanying them shall be appointed by the relevant legal entities not later than two days prior to their departure. The responsibility of a rest and recreation facility for children for life and health of children shall emerge from the moment when the relevant children are transferred according to the list by individuals accompanying them to directors of such a facility.

According to Article 30 of the present Law, at the time of their stay in rest and recreation facilities for children, children shall have the right, specifically:
  • to receive qualified medical assistance in the instance of a disease or a trauma;
  • to independently choose the types of activity, leisure, participation in educational and health programs of such facilities;
  • to receive services related to rest and recreation indicated in their recreation package sheet, including services requiring a payment;
  • to receive rational nutrition;
  • to participate in management of the relevant rest and recreation facility for children;
  • in the instance of the emergence of a conflict situation, to demand the implementation of effective measures, including replacement of a teacher, and so on.

Rights and obligations of parents or other legal representatives shall be determined by Article 31 of the present Law. In particular, it shall be specified that parents or other legal representatives of children shall have the right:
  • to familiarize themselves with the charter of the relevant rest and recreation facility for children, the rules of stay of children in the rest and recreation facility for children, the contents of educational, health and medical programs or rest programs where their child will participate;
  • to defend rights and legal interests of their child in the instance of receiving the relevant information from their child;
  • to address the administration of the relevant rest and recreation facility for children, its founder (owner), bodies of executive power and bodies of local government, commissions set up thereby, the inter-departmental commission, and other working bodies with respect to improving the operation of the relevant rest and recreation facility for children.

Article 32 of the present Law shall regulate the procedure and terms and conditions for hiring employees of rest and recreation facilities for children, as well as the specifics of job responsibilities of such employees. Rights, obligations and responsibility of employees of a rest and recreation facility for children shall be determined by Article 33 of the present Law.

According to Article 34 of the present Law, state oversight of the operation of rest and recreation facilities for children, regardless of their subordination, type and form of ownership of such facilities, shall be carried out:
  • by the central body of executive power for family, youth and sports matters;
  • ministries and other central bodies of executive power whose scope of administration shall include rest and recreation facilities for children;
  • the Council of Ministers of the Autonomous Republic of Crimea;
  • oblast state administrations, Kyiv and Sevastopol Municipal State Administrations, and district state administrations whose scope of administration shall include rest and recreation facilities for children.

The form of state oversight shall be state certification of a rest and recreation facility for children. In the instance of revealing violations in the operation of a rest and recreation facility for children that can influence the state of health of children, it shall be mandatory to carry out extraordinary state certification out of turn. The results of state certification shall be used to give the relevant facility the highest, first, second, or third category.
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