Article 13

Elderly citizens and disabled people living in stationary social service institutions may participate in medical treatment. labor activity in accordance with medical advice.

The relationship of the enterprise (where patients undergo occupational therapy) with the institution providing psychiatric care are determined by an agreement on joint activities (clause 3 of the Regulations on medical and industrial enterprises for occupational therapy, approved by Decree of the Government of the Russian Federation of 05.25.1994 N 522 "On measures to ensure psychiatric assistance and social protection of persons suffering from mental disorders"). This provision provides for the obligations of the enterprise to provide employment for persons suffering from mental disorders, the amount of deductions from profits to these institutions, the participation of these institutions in the medical care of employees and other conditions that the parties consider essential for their relationship.
An employment contract is concluded with persons involved in occupational therapy. To do this, they submit an application, which expresses a request to hire them to perform certain functions (paragraph 13 of the Regulations on medical and industrial enterprises for occupational therapy). Employment books are issued for such persons, they are paid wage, annual paid leave is provided, the time of their work at the enterprise is included in the total length of service. In addition, they are subject to state social insurance and are provided with free one-time hot meals.
an employment contract with persons undergoing occupational therapy is not always concluded. If, by appointment of the attending physician, these persons are not recommended to perform work under an employment contract, but nevertheless occupational therapy is indicated, then a civil law contract is concluded with them, taking into account the provisions of civil law relating to the legal capacity of these persons (clause 15 of the Regulations on Medical industrial enterprises for occupational therapy). On the basis of this agreement, patients are paid remuneration for work in accordance with its quantity and quality (if, of course, patients participate in productive work).
An employment contract or a civil law contract is concluded regardless of where the persons who need it (production workshops, enterprise) undergo occupational therapy. In addition to working under an employment contract, citizens who have received a disability can take part in medical and labor activities. The involvement of disabled people in medical and labor activities is carried out on a voluntary basis by stationary social service institutions in which they live, in accordance with individual rehabilitation programs.

Premises and equipment for medical and labor activities must comply with safety and hygiene requirements. Citizens participating in medical and labor activities are provided with special clothing, special footwear and other personal protective equipment in accordance with established standards, taking into account the type and nature of the activity. The duration of work should not exceed 4 hours per day(Decree of the Government of the Russian Federation of December 26, 1995 No. 1285 “On the procedure for the participation of elderly citizens and disabled people living in stationary social service institutions in medical and labor activities”).

They are paid a remuneration in the amount of 75% of the cost of the work performed, with the remaining 25% credited to the accounts of the stationary institutions in which they live, to be used to improve the social services for citizens living in them.

For disabled people of groups I and II, the legislation provides for a reduced working time - no more than 35 hours per week with full pay. The specified duration of working time is established by the employer on the basis of a certificate issued to a person recognized as a disabled person of group I or II by an institution of the state service of medical and social expertise. In the event that a third group of disability is received during the next re-examination, the employee loses the right to a reduced working day. Disabled people of group I are re-examined once every 2 years, disabled people of group II - once a year. If the disability of groups I and II is established for employees without specifying the period for re-examination, then the question of revising the length of working hours should not arise. In addition, it must be borne in mind that full payment for work as for a 40-hour working week is made only if the disabled person works 35 hours a week. If the duration of the working time is, for example, 30 hours, then the work is paid in proportion to the hours worked, i.e., as part-time work.

Therefore, if an employment contract was concluded with Eremenko, then he should also be granted study leave. or article 173 of the Labor Code of the Russian Federation

For employees who are sent for training by the employer or who independently enroll in state-accredited educational institutions of higher professional education, regardless of their organizational and legal forms in part-time and part-time (evening) forms of education, who successfully study at these institutions, the employer provides additional leave with the preservation of average earnings for:

passing an intermediate certification in the first and second years, respectively - 40 calendar days, in each of the subsequent courses, respectively - 50 calendar days (when mastering the main educational programs higher professional education in a shortened time frame in the second year - 50 calendar days);

preparation and defense of the final qualifying work and passing the final state exams - four months;

passing the final state exams - one month.

Federal Law "On social services for the elderly and disabled"

10) preservation of residential premises occupied by them under a contract of employment or lease in houses of state, municipal and public housing stocks within six months from the date of admission to a stationary social service institution, and in cases where members of their families remain living in residential premises - in throughout the duration of your stay in the facility. In case of refusal of the services of a stationary social service institution after the expiration of the specified period, elderly citizens and disabled people who have vacated residential premises in connection with their placement in these institutions have the right to extraordinary provision with residential premises, if they cannot be returned to the residential premises they previously occupied . That is, she has the right to an extraordinary provision of housing if she was occupied with premises from mun, state, and public housing funds. But

Subparagraph 10 of part 1 of the commented article establishes a legal guarantee for the protection of the housing rights of citizens (disabled and elderly citizens). True, the content of the provision under consideration was formulated by the legislator during the period of the former Housing Code of the RSFSR and does not take into account the provisions of the Housing Code of the Russian Federation, which is a serious drawback. However, we note that the provisions of the LC RF can also be applied to these legal guarantees. Subsection under consideration 10 is divided by the legislator into two paragraphs and this is not accidental, thereby the legislator singled out guarantees of housing rights for disabled children who are kept in residential institutions until they reach the age of 18 into a separate group. All disabled and elderly citizens (not disabled children) who are kept in stationary institutions, receive social and medical assistance, services, have the right to retain their living quarters, which they were provided under a lease (lease) agreement for 6 months from days of placement in hospitals. However, the legislator further indicated that it could also be a lease agreement, and not just a lease in the houses of the municipal state and public housing funds. Currently, according to Art. 19 of the Housing Code of the Russian Federation no public housing stock exists anymore. Thus, only state and municipal housing stocks remain, in which such a legal guarantee will be valid. However, the new housing legislation does not contain the provisions of a rental agreement, as it was before, there are only social rental agreements and the rental of a specialized housing stock, commercial rental housing. There are no such concepts as hiring and renting a dwelling. Therefore, it is necessary to determine for which types of employment (social, commercial or specialized) legal protection is provided under this Law.

There are provisions of Chapter 8 of the Housing Code of the Russian Federation - social rental of residential premises. Article 71 of the Housing Code of the Russian Federation establishes that the temporary absence of a tenant of residential premises under a social tenancy agreement, any of his family members living with him or all of these citizens does not entail a change in their rights and obligations under a social tenancy agreement. Thus, there is no 6-month period here, and, therefore, the provisions of the legislator in the article under consideration are incorrect - they contradict the legislation of the Russian Federation in the field of housing legal relations. A 6-month period of absence of a citizen, whether he is in a hospital or in another place, does not deprive him of the right to use housing under a social tenancy agreement. However, not all so simple. According to part 4 of Art. 83 of the Housing Code of the Russian Federation, failure by the tenant to pay for housing and (or) utilities for more than six months is an unconditional basis for terminating and terminating the contract for social rental of housing. Inpatient care also has to be paid (but not always), even if old man or a disabled person will recalculate for utilities (because he does not use them), the rent still needs to be paid, and during the heating season you also need to pay for heating. So it turns out that it is easier for citizens themselves to refuse further use of residential premises than to be in a hospital for life and retain the right to use residential premises under a social tenancy agreement. Similar legal provisions have been established in other cases when using specialized housing stock.

According to Art. 69 of the Housing Code of the Russian Federation, family members of the tenant of housing under a social tenancy agreement include his spouse living with him, as well as children and parents of this tenant. Other relatives, disabled dependents are recognized as members of the tenant's family under a social tenancy agreement, if they are moved in by the tenant as members of his family and work with him common household. In exceptional cases, other persons may be recognized as family members of the tenant of residential premises under a social tenancy agreement in a judicial proceeding. Family members of a tenant of a dwelling under a social tenancy agreement have equal rights and obligations with the tenant. Capable members of the family of a tenant of a dwelling under a social tenancy agreement shall be jointly and severally liable with the tenant for the obligations arising from the social tenancy agreement. The family members of the tenant of the dwelling under the social tenancy agreement must be indicated in the social tenancy agreement of the dwelling. If a citizen has ceased to be a member of the family of the tenant of the dwelling under a social tenancy agreement, but continues to live in the occupied dwelling, he retains the same rights as the tenant and members of his family have. The specified citizen is independently responsible for his obligations arising from the relevant contract of social employment. Members of the employer's family enjoy the same rights as the employer himself. Accordingly, if they make timely payments for utilities and rent, then they have the right to use such a dwelling as much as they like, without time limits. In this case, the provision of the article under consideration regarding the fact that when a disabled person or an elderly citizen who is on inpatient treatment lives in a residential building, the right to use the residential premises will remain with him for an unlimited period, does not change under the LC RF.

On the other hand, in the definition of the Constitutional Court of the Russian Federation Determination of the Constitutional Court of the Russian Federation of May 13, 2010 N 598-О-О

"On the refusal to accept for consideration the complaint of citizen Tamara Borisovna Klimova about the violation of her constitutional rights by part eleven of Article 17 of the Federal Law "On the Social Protection of Disabled Persons in the Russian Federation" and part 3 of Article 83 of the Housing Code of the Russian Federation"

2. According to Part 3 of Article 83 of the Housing Code of the Russian Federation, in the event of the departure of the tenant and his family members to another place of residence, the contract of social rental of residential premises is considered terminated from the date of departure. This rule, which establishes general rules termination of a residential lease agreement when it is vacated by the tenant and members of his family, is based on the freedom of contractual relations, which includes, among other things, a unilateral refusal to execute the contract, when such refusal is allowed by law or by agreement of the parties. This right is exercised by the employer and members of his family by their unilateral will, and therefore cannot be considered as a violation of their constitutional rights and freedoms (Determination of the Constitutional Court of the Russian Federation of November 24, 2005 N 509-O).

As for the issues of providing disabled people with living quarters under social tenancy agreements in houses of state or municipal funds, including the preservation of these premises for them if necessary to receive medical and social services in the houses of the social service system, they are regulated as special norms of sections III and IV of the Housing Code of the Russian Federation, as well as norms of legislation related to them on the social protection of the disabled and social services for the population.

In particular, according to subparagraph 10 of paragraph 1 of Article 12 of Federal Law No. 122-FZ of August 2, 1995 “On Social Services for Elderly Citizens and Disabled Persons”, which acts in unity with the provision disputed by the applicant of the provision of part eleven of Article 17 of the Federal Law “On Social Protection persons with disabilities in the Russian Federation", for the entire period of stay in a stationary social service institution, the disabled person retains the residential premises occupied by him under a social tenancy agreement in the houses of the state or municipal housing stock in case members of his family remained to live in it.

The materials attached to the complaint indicate that during the entire time T.B. Klimova in the Reshetikhinsky boarding school for the elderly and disabled in the living quarters, which she occupied under a social contract, lived members of her family. Currently, the applicant actually lives at her former place of residence with her daughter, who recognizes her right to the disputed living quarters.

But it seems to me that if the apartment was privatized on Muratova, then it is her property, and her son did not have the right to sell her apartment without her Decision of the Constitutional Court of the Russian Federation of December 18, 2003 N 477-O

"On the refusal to accept for consideration the complaint of citizen Sergey Viktorovich Bushaev about the violation of his constitutional rights by paragraph 10 of the first part of Article 12 of the Federal Law "On social services for the elderly and disabled"

The content of the challenged norm is aimed at protecting the interests of disabled citizens and cannot be considered as violating any of their constitutional rights and freedoms. The absence in Article 12 of the Federal Law "On Social Services for Elderly Citizens and the Disabled" of a provision on providing citizens of this category who previously lived in residential premises of a private housing stock (individual residential buildings) with another residential area in an extraordinary manner is due to the fact that citizens leaving such residential premises are not deprived of the right to use them (Article 127 of the RSFSR LC), regardless of the length of stay in a stationary social service institution.

Task number 10

Art. 180 PEC RF

3. Convicts who are invalids of the first or second group, as well as convicted men over 60 years of age and convicted women over 55 years of age, at their request and on the proposal of the administration of the institution executing punishment, are sent by the authorities social protection in homes for the disabled and the elderly.

Indeed, there is such a rule. But in accordance with the Federal Law “On Social Services for Elderly Citizens”, there is no separate such category. EE must be placed in a special boarding house (special department) for the elderly and disabled - a socio-medical institution intended for permanent, temporary (for a period of 6 months) and five days a week residence of elderly citizens (men over 60 years old and women over 55 years old) ) and disabled people who have partially or completely lost the ability to self-service and need constant outside care, from among those released from places of deprivation of liberty and other persons who, in accordance with the current legislation, have administrative supervision, as well as elderly citizens and disabled people who have previously been convicted or repeatedly brought to administrative responsibility for violation of public order, engaged in vagrancy and begging.

The peculiarity of the category of tenants in special boarding schools (special departments) in accordance with Part 5 of Article 20 of the Federal Law "On Social Services" is that they include elderly citizens or people with disabilities from among the most dangerous recidivists released from places of deprivation of liberty and other persons , for which, in accordance with the current legislation, administrative supervision is established, as well as elderly citizens and the disabled, previously convicted or repeatedly brought to administrative responsibility for violating public order, engaged in vagrancy and begging, sent from the institutions of the internal affairs bodies.

At the same time, part 5 of article 20 of the above Law contradicts article 183 of the Penal Code of the Russian Federation<11>, which establishes that control over persons released from serving a sentence is carried out in accordance with the legislation of the Russian Federation and regulatory legal acts. Accordingly, Article 183 of the Penal Code of the Russian Federation does not provide for the establishment of administrative supervision over the above categories of citizens.

TASK 12

Federal Law "On the procedure for accounting per capita income family and income of a citizen living alone in order to recognize them as poor and provide them with state social assistance "

Article 4. Calculation of the average per capita income of a family and the income of a citizen living alone is based on the sum of incomes of family members or a citizen living alone for the last three calendar months preceding the month of filing an application for the provision of state social assistance (hereinafter referred to as the calculation period).

Article 13. When calculating the average per capita income, persons related by kinship and (or) property are included in the composition of a low-income family. These include spouses living together and maintaining a joint household, their children and parents, adoptive parents and adopted children, brothers and sisters, stepchildren and stepdaughters.

Article 15. The average per capita income of a family when deciding whether to recognize it as poor and to provide it with state social assistance is calculated by dividing one third of the income of all family members for the billing period by the number of family members.

The income of a citizen living alone when deciding whether to recognize him as a poor person and to provide him with state social assistance is determined as one third of the amount of his income for the billing period.

Federal Law No. 134-FZ of October 24, 1997

(as amended on 24.07.2009)

"On the subsistence minimum in the Russian Federation"

(adopted by the State Duma of the Federal Assembly of the Russian Federation on 10.10.1997)

Article 6

1. A family (a citizen living alone) whose average per capita income (whose income) is below the subsistence level established in the relevant subject of the Russian Federation is considered to be poor (poor) and has the right to receive social support.

Decree of the Government of the Russian Federation of April 15, 1996 N 473

(as amended on 06/15/2009)

"On the procedure and conditions for payment of social services provided to elderly citizens and the disabled by state and municipal institutions of social services"

1. Social services included in the federal list of state-guaranteed social services (hereinafter referred to as social services), approved by Decree of the Government of the Russian Federation of November 25, 1995 N 1151 "On the federal list of state-guaranteed social services provided to elderly citizens and disabled people by state and municipal institutions of social service" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1995, N 49, Art. 4798), are provided to elderly citizens and the disabled at home, in semi-stationary and stationary conditions by state and municipal social service institutions (hereinafter referred to as - social service institutions) free of charge, as well as on the terms of partial or full payment.

2. Social services are provided at home, in semi-stationary and stationary conditions by social service institutions free of charge:

elderly citizens and disabled people living in families whose average per capita income is below the subsistence level established for the region.

REVISION:

Amendment and termination of the contract are carried out in accordance with applicable law.

11. The decision on the conditions for the provision of social services (free of charge, with partial or full payment) and the amount of fees for social services levied from elderly citizens and disabled people are reviewed by the administration of social service institutions when changing the size of pensions for elderly citizens and disabled people, the average per capita income of families, in which they live or lived before entering a stationary social service institution, the subsistence minimum in the given region, payment for stationary services, as well as other circumstances affecting the conditions for the provision of social services, but at least twice a year.

So revision is possible.

Task number 21

It seems to me that Bulkin is in a difficult life situation of the Federal Law “On the Fundamentals of Social Services in the Russian Federation” 4) a difficult life situation is a situation that objectively disrupts the life of a citizen (disability, inability to self-service due to old age, illness, orphanhood, neglect, low income , unemployment, homelessness, conflicts and cruel treatment in the family, loneliness, etc.), which he cannot overcome on his own.

Situations are called difficult when there is a violation of the order of the course of a person’s life, and he cannot solve this or that problem without someone’s help.

The onset of a difficult life situation is characterized by the following signs:

Violation of current social activities;

Uncertainty in the development of events;

The emergence of a new system of requirements for the subject;

The emergence of stressful conditions in humans.

Therefore, he needs social assistance, he needs social services in the form of Article 13. Advisory assistance

In social service institutions, social service clients are provided with consultations on issues of social and social and medical support for life, psychological and pedagogical assistance, and social and legal protection.

and rehabilitation services Social counseling assistance is mainly aimed at psychological support, activation of efforts in solving one's own problems.

The organization and coordination of social advisory assistance is carried out by municipal centers of social services, as well as social protection authorities, which create appropriate units for these purposes.

Consider some of the above services.

Leisure services. In an institution for this, there should be a leisure room in which the necessary furniture, TV, books, magazines, newspapers, board games and others. The organization of leisure should contribute to the expansion of the general and cultural horizons, the sphere of communication, and the increase in the creative activity of clients. The choice of periodicals to be subscribed to is made taking into account the wishes of customers and taking into account the possibilities of organizing social services.

Psychological help. To do this, telephone sets are provided for use and telephone numbers of social services are provided, where you can get psychological help. The phone numbers of these social services should be posted on the stand in the lobby of the institution. Psychological assistance should provide immediate psychological counseling to clients, assistance in mobilizing their physical, spiritual, personal, intellectual resources to get out of a crisis, expanding their range of acceptable means for independently solving problems and overcoming difficulties, strengthening self-confidence.

Topic #11

Social protection of disabled people

Task #4

Decree of the Government of the Russian Federation of February 20, 2006 N 95

(as amended on 12/30/2009)

"On the procedure and conditions for recognizing a person as disabled"

Indeed, re-examination of clause 39 is carried out once every 2 years, for disabled people of groups II and III - once a year,

13. Citizens are assigned a disability group without specifying the re-examination period

not later than 4 years after the initial recognition of a citizen as a disabled person (establishment of the category "disabled child") in the event that it is impossible to eliminate or reduce the degree of restriction of the citizen's life activity caused by persistent irreversible morphological changes, defects and dysfunctions of the organs and systems of the body during the implementation of rehabilitation measures ( with the exception of those specified in the appendix to these Rules).

But there is another rule that allows a citizen to apply for the establishment of a disability group without specifying the re-examination period.

The establishment of a disability group without specifying the period of re-examination (the category "disabled child" until the citizen reaches the age of 18 years) can be carried out upon the initial recognition of a citizen as disabled (establishing the category "disabled child") on the grounds specified in paragraphs two and three of this paragraph, in the absence of positive results of rehabilitation measures carried out by a citizen before he was sent to medical and social expertise. At the same time, it is necessary that in a referral for a medical and social examination issued to a citizen by an organization that provides him with medical and preventive care and sent him for a medical and social examination, or medical documents in the case of sending a citizen for a medical and social examination in accordance with paragraph 17 of these Rules, there was data on the absence of positive results of such rehabilitation measures.

For citizens who applied to the bureau on their own in accordance with paragraph 19 of these Rules, a disability group without specifying the re-examination period (category "disabled child" until the citizen reaches the age of 18) can be established upon initial recognition of a citizen as disabled (establishing the category "disabled child" ) in the absence of positive results of the rehabilitation measures assigned to him in accordance with the specified paragraph

But. there is also such a rule that 13. Citizens are assigned a disability group without specifying the re-examination period, and citizens under the age of 18 are assigned the category "disabled child" until the citizen reaches the age of 18:

not later than 2 years after the initial recognition as a disabled person (establishment of the category "disabled child") of a citizen who has diseases, defects, irreversible morphological changes, dysfunctions of organs and body systems according to the list according to the appendix; Appendix

To the Rules

Recognition of a person as disabled

Was accepted by the State. Duma on May 17, 1995

(repealed from 01.01.2015 to

on the basis of the Federal Law No.

28.12.2013 N 442-FZ)

Has 7 chapters, 40 articles.

This Federal Law regulates relations in the social sphere, which is one of the areas of activity for the social protection of the population, establishes economic, social and legal guarantees for elderly citizens and the disabled, based on the need to establish the principles of philanthropy and mercy in society.

Chapter I General provisions(articles 1 to 4)

Article 1. Social services for elderly citizens and

disabled people

Social services for elderly and disabled citizens is an activity to meet the needs of these citizens in social services.

Article 3. Basic principles of activities in the field of social

services for the elderly and disabled

Activities in the field of social services for the elderly and disabled are based on the following principles:

observance of human and civil rights;

provision of state guarantees in the field of social services;

ensuring equal opportunities in receiving social services and their accessibility for

elderly and disabled citizens;

continuity of all types of social services;

orientation of social services to the individual needs of elderly citizens

age and disability;

priority of measures for social adaptation of elderly citizens and disabled people;

Article 4

disabled people in the field of social services

The state guarantees elderly and disabled citizens the opportunity to receive social services based on the principle of social justice, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations and other circumstances.

Chapter II. The rights of elderly and disabled citizens in the field of social services

(articles 5 to 15)

Article 5

service

Social services for elderly and disabled citizens are carried out by decision of the social protection authorities in institutions subordinate to them or under agreements concluded by social protection authorities with social welfare institutions.

maintenance of other forms of ownership.

Article 6. Rights of foreign citizens, stateless persons, including

number of refugees, social services

Foreign citizens, stateless persons, including refugees, enjoy the same rights in the field of social services as citizens of the Russian Federation, unless otherwise provided by the legislation of the Russian Federation.

Article 7

social services

When receiving social services, elderly citizens and people with disabilities have the right to:

Respectful and humane attitude on the part of employees of social institutions

service;

Information about their rights, obligations and conditions for the provision of social services;

Consent to social services;

Denial of social services;

Confidentiality of personal information that became known to an employee of a social service institution when providing social services;

Protection of their rights and legitimate interests, including in court.

Article 8

information in the field of social services Senior citizens and persons with disabilities have the right to receive information about the types and

forms of social services, indications for receiving social services and the conditions for their payment, as well as other conditions for their provision.

Article 9. Consent to social services

Social services are provided subject to the voluntary consent of elderly citizens and disabled people to receive social services, with the exception of cases provided for by this Federal Law.

Chapter III. social services

elderly and disabled citizens

(Articles 16 to 24)

Article 16. Forms of social service

1. Social services for elderly citizens and disabled people include:

1) social services at home (including social and medical services);

2) semi-stationary social services in day (night) departments

stay of social service institutions;

3) stationary social services in stationary social service institutions (boarding houses, boarding houses and other institutions of social

services, regardless of their name);

4) urgent social services; 5) social advisory assistance.

2. Elderly citizens and the disabled may be provided with living quarters in the houses of the housing fund for social use.

3. Social services at the request of elderly citizens and the disabled may be provided on a permanent or temporary basis.

Article 18. Social and medical care at home

Social and medical care at home is provided for elderly citizens and disabled people who need home social services, suffering from mental disorders (in remission), tuberculosis (except for the active form), serious diseases (including cancer) in the late stages, beyond with the exception of the diseases specified in the fourth part of Article 15 of this Federal Law.

Article 19. Semi-stationary social service

Semi-stationary social services include social, medical and cultural services for elderly and disabled citizens, organizing their meals, recreation, ensuring their participation in feasible work activities and maintaining an active lifestyle.

Article 20. Stationary social services

Stationary social services are aimed at providing a comprehensive

social assistance to elderly citizens and the disabled, partially or

who have completely lost the ability to self-service and who are in need due to their state

health in constant care and observation.

Article 31

services for the elderly and disabled

1. The main source of funding for the public sector of the social

services for the elderly and disabled are the budgets of the subjects

Russian Federation.

2. Additional extra-budgetary sources of financing measures for social services for the elderly and disabled are:

1) funds received from targeted social funds;

2) bank loans and funds of other creditors;

3) income from entrepreneurial and other income-generating activities of enterprises,

institutions and organizations of the system of social protection of the population, carried out in accordance with the legislation of the Russian Federation;

4) income from securities;

5) funds received from citizens of the elderly and disabled as payment for

social services;

6) charitable contributions and donations;

7) other sources not prohibited by law.

3. Cash, including those on bank accounts, as well as funds from the sale of property of elderly citizens and disabled people who lived and died in stationary social service institutions, who did not leave a will and did not

who had heirs, become the property of the state and can be directed to the development of social services. Control over the targeted spending of these funds is carried out by the bodies of social protection of the population.

social services

Control over the activities for the provision of social services in the public sector of social services is carried out in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation

disabled people

Chapter VII. Procedure for Enactment of this Federal Law

Article 39. The President of the Russian Federation and the Government of the Russian Federation shall, within three months, bring their regulatory legal acts in line with this Federal Law.

Article 40

Article 34 professional activity in the field of social services

Citizens of the Russian Federation, foreign citizens and stateless persons who have received higher vocational or secondary vocational education or vocational training in educational

institutions of the Russian Federation (part as amended by Federal Law No. 15-FZ of January 10, 2003, effective from January 15, 2003.

Article 36. Measures of social support for social workers

Measures of social support for social workers employed in the public sector of social services are carried out in accordance with the laws and other regulatory legal acts of the constituent entities of the Russian Federation (article as amended by Federal Law No.

Chapter VI. Control over the activities of social services for the elderly and disabled (Articles 37 to 38)

Article 37

social services

Control over the provision of social services in the public sector of social services is carried out in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation (article as amended by Federal Law No. 122-FZ of August 22, 2004

Article 38

responsibility for violation of the legislation of the Russian Federation on social services for elderly citizens and

disabled people

Actions or inaction of state bodies, enterprises, institutions and organizations, regardless of their form of ownership, as well as officials that have caused violations of the rights of elderly citizens and disabled people in the field of social services, may be appealed to the court. Violation of the legislation of the Russian Federation on social services for elderly and disabled citizens entails criminal, civil and administrative liability, provided for by the legislation of the Russian Federation.

Text search

Inactive

On social services for the elderly and disabled

THE RUSSIAN FEDERATION

THE FEDERAL LAW

On social services for the elderly and disabled *O)

(as amended on November 25, 2013)

Repealed from January 1, 2015 on the basis of
Federal Law of December 28, 2013 N 442-FZ
____________________________________________________________________

____________________________________________________________________
Document as amended by:
(Rossiyskaya Gazeta, N 5, 01/15/2003);
(Rossiyskaya gazeta, N 188, 08/31/2004) (for the procedure for entry into force, see);
(Official Internet portal of legal information (www.pravo.gov.ru), November 21, 2011) (for the procedure for entry into force, see);
(Official Internet portal of legal information www.pravo.gov.ru, November 25, 2013) (for the procedure for entry into force, see).
____________________________________________________________________

This Federal Law regulates relations in the field of social services for the elderly and the disabled, which is one of the areas of activity for the social protection of the population, establishes economic, social and legal guarantees for the elderly and the disabled, based on the need to establish the principles of philanthropy and mercy in society.

Chapter I. General Provisions (Articles 1 to 4)

Article 1. Social services for elderly citizens and disabled people

Social services for elderly and disabled citizens is an activity to meet the needs of these citizens in social services. *1.1)

Social services include a set of social services that are provided to elderly citizens and the disabled at home or in social service institutions, regardless of ownership Federal Law of August 22, 2004 N 122-FZ.

Article 2

The legislation of the Russian Federation on social services for elderly citizens and disabled people consists of this Federal Law, other federal laws, other regulatory legal acts of the Russian Federation adopted in accordance with them, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.

If an international treaty (agreement) of the Russian Federation establishes rules other than those provided for by this Federal Law, then the rules of the international treaty (agreement) shall apply.

Article 3

Activities in the field of social services for the elderly and disabled are based on the following principles:

observance of human and civil rights;

provision of state guarantees in the field of social services;

ensuring equal opportunities in obtaining social services and their accessibility for the elderly and the disabled;

continuity of all types of social services;

orientation of social services to the individual needs of the elderly and the disabled;

priority of measures for social adaptation of elderly citizens and disabled people;

responsibility of state authorities and institutions, as well as officials for ensuring the rights of elderly citizens and disabled people in the field of social services Federal Law No. 122-FZ of August 22, 2004.

Article 4

The state guarantees elderly and disabled citizens the opportunity to receive social services based on the principle of social justice, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations and other circumstances.

Elderly citizens and the disabled are provided with the opportunity to receive social services sufficient to meet their basic vital needs, which are included in the lists of state-guaranteed social services. (Part as amended by Federal Law No. 122-FZ of August 22, 2004, entered into force on January 1, 2005.

The list of state-guaranteed social services is approved by the executive authorities of the subjects of the Russian Federation, taking into account the needs of the population living in the territories of the respective subjects of the Russian Federation (Part as amended by Federal Law No. 122-FZ of August 22, 2004, entered into force on January 1, 2005. *4.3)

The part became invalid from January 1, 2005 -. .

Chapter II. Rights of elderly and disabled citizens in the field of social services (Articles 5 to 15)

Article 5. The right of elderly and disabled citizens to social services

Elderly citizens (women over 55 years old, men over 60 years old) and disabled people (including children with disabilities) who need permanent or temporary assistance due to partial or complete loss of the ability to independently satisfy their basic life needs due to limited ability to self-service and (or) movement, have the right to social services provided in the state and non-state sectors of the social service system (Part as amended by Federal Law No. 122-FZ of August 22, 2004, entered into force on January 1, 2005.

Social services for elderly and disabled citizens are carried out by decision of the social protection authorities in institutions subordinate to them or under agreements concluded by social protection authorities with social service institutions of other forms of ownership. *5.2)

Article 6. Rights of foreign citizens, stateless persons, including refugees, in the field of social services

Foreign citizens, stateless persons, including refugees, enjoy the same rights in the field of social services as citizens of the Russian Federation, unless otherwise provided by the legislation of the Russian Federation. *6)

Article 7

When receiving social services, elderly citizens and people with disabilities have the right to:

respectful and humane attitude on the part of employees of social service institutions;

choice of institution and form of social service in the manner established by the social protection authorities of the population of the constituent entities of the Russian Federation (paragraph as amended by Federal Law No. 122-FZ of August 22, 2004, put into effect on January 1, 2005); *7.3)

information about their rights, obligations and conditions for the provision of social services; *7.4)

consent to social services; *7.5)

denial of social services; *7.6)

confidentiality of personal information that became known to an employee of a social service institution when providing social services; *7.7)

protection of their rights and legitimate interests, including in court. *7.8)

Article 8

Elderly citizens and the disabled have the right to receive information about the types and forms of social services, indications for receiving social services and the conditions for their payment, as well as other conditions for their provision.

Information about social services is provided by social workers directly to elderly citizens and the disabled, and in relation to persons under 14 years of age and persons recognized as incapacitated in the manner prescribed by law, to their legal representatives.

Elderly citizens and disabled persons sent to stationary or semi-residential social service institutions, as well as their legal representatives, must be familiarized in advance with the conditions of residence or stay in these institutions and the types of services provided by them.

Article 9. Consent to social services

Social services are provided subject to the voluntary consent of elderly citizens and disabled people to receive social services, with the exception of cases provided for by this Federal Law.

Consent to social services for persons under the age of 14, and persons recognized as legally incompetent in the manner prescribed by law, is given by their legal representatives after receiving the information provided for in part one of Article 8 of this Federal Law. In the temporary absence of legal representatives, the decision on consent is made by the guardianship and guardianship authorities.

Placement in a stationary institution of social services for elderly citizens and the disabled is carried out on the basis of their personal written application and is confirmed by their signature, and persons under the age of 14 and persons recognized as legally incompetent - on the basis of a written application of their legal representatives.

The placement of elderly citizens and disabled people in stationary social service institutions without their consent or without the consent of their legal representatives is allowed on the grounds and in the manner provided for.

The placement of elderly citizens and disabled people in special stationary social service institutions is carried out on the conditions specified in Article 20 of this Federal Law.

Article 10. Denial of social services

Citizens of the elderly and disabled, as well as their legal representatives, have the right to refuse social services, with the exception of cases provided for in Article 15 of this Federal Law.

In case of refusal of social services, elderly and disabled citizens, as well as their legal representatives, are explained possible consequences the decision they have made.

The refusal of elderly and disabled citizens from social services, which may lead to a deterioration in their health or a threat to their lives, is documented in a written application of elderly citizens and disabled people or their legal representatives, confirming the receipt of information about the consequences of the refusal.

Article 11. Confidentiality of information

Information of a personal nature that has become known to employees of a social service institution in the course of providing social services constitutes a professional secret.

Employees of social service institutions who are guilty of disclosing professional secrets are liable in accordance with the procedure established by the legislation of the Russian Federation.

Article 12

1. Elderly citizens and disabled people living in stationary social service institutions enjoy the rights provided for in Article 7 of this Federal Law, and also have the right to: *12.1)

1) providing them with living conditions that meet sanitary and hygienic requirements;

2) care, primary health care, including for dental diseases, provided in an inpatient social service institution;
Federal Law of November 25, 2013 N 317-FZ.

3) the subparagraph became invalid from January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ;

4) socio-medical rehabilitation and social adaptation;

5) voluntary participation in the medical labor process, taking into account the state of health, interests, desires in accordance with the medical report and labor recommendations;

6) medical and social examination, carried out for medical reasons, to establish or change the disability group;

7) free visits by a lawyer, a notary, legal representatives, representatives of public associations and a clergyman, as well as relatives and other persons;

8) free legal assistance within the framework of the state system of free legal assistance in accordance with the Federal Law "On free legal assistance in the Russian Federation";
(Subparagraph as amended, entered into force on January 15, 2012 by the Federal Law of November 21, 2011 N 326-FZ.

9) providing them with premises for the performance of religious rites, creating appropriate conditions for this, not contradicting the internal regulations, taking into account the interests of believers of various faiths;

10) preservation of residential premises occupied by them under a contract of employment or lease in houses of state, municipal and public housing stocks within six months from the date of admission to a stationary social service institution, and in cases where members of their families remain living in residential premises - in throughout the duration of your stay in the facility. In case of refusal of the services of a stationary social service institution after the expiration of the specified period, elderly citizens and disabled people who have vacated residential premises in connection with their placement in these institutions have the right to extraordinary provision with residential premises, if they cannot be returned to the residential premises they previously occupied . *12.1.10.1)

Disabled children living in stationary social service institutions, who are orphans or deprived of parental care, upon reaching 18 years of age, are subject to provision of living quarters out of turn by authorities local government at the location of these institutions or at the place of their former residence of their choice, if individual program rehabilitation provides for the opportunity to carry out self-service and lead an independent lifestyle;

11) participation in public commissions for the protection of the rights of elderly citizens and the disabled, created, including in social service institutions.

2. Disabled children living in stationary social service institutions have the right to receive education and vocational training in accordance with their physical and mental capabilities. This right is ensured by organizing special educational institutions (classes and groups) and labor training workshops in stationary social service institutions in the manner prescribed by current legislation.

3. Citizens of the elderly and disabled living in state social service institutions and in need of specialized medical care are sent for examination and treatment to medical organizations of the state health care system and the municipal health care system. Payment for the provision of medical care to elderly citizens and the disabled in these medical organizations is carried out in accordance with the established procedure at the expense of the relevant budget allocations and medical insurance funds.
Federal Law No. 122-FZ of August 22, 2004 Federal Law No. 317-FZ of November 25, 2013.

4. Elderly citizens and disabled persons living in stationary social service institutions have the right to be free from punishment. It is not allowed to use medicines, means of physical restraint, as well as the isolation of elderly and disabled citizens. Persons guilty of violating this norm shall bear disciplinary, administrative or criminal liability established by the legislation of the Russian Federation.

Article 13

Elderly citizens and persons with disabilities living in stationary social service institutions may be hired for work available to them due to health reasons, on the terms of an employment contract. *13.1)

Elderly citizens and disabled people working on the terms of an employment contract are provided with an annual paid leave of 30 calendar days. *13.2)

Elderly citizens and disabled people living in stationary social service institutions may participate in medical and labor activities in accordance with medical recommendations (Part as amended by Federal Law No. 122-FZ of August 22, 2004, entered into force on January 1, 2005. *13.3)

Coercion of elderly citizens or disabled persons living in stationary social service institutions to medical labor activity is not allowed.

Article 14. Refusal of the services of a stationary social service institution

Elderly citizens and disabled people who are in stationary social service institutions and do not belong to the category of citizens specified in the first part of Article 15 of this Federal Law have the right to refuse the services of these institutions.

Article 15

Restrictions on the rights of elderly and disabled citizens in the provision of social services to them are allowed in the manner prescribed by this Federal Law, and may be expressed in the placement of these citizens without their consent in social service institutions in cases where they are deprived of care and support from relatives or other legal representatives and at the same time are not able to independently satisfy their vital needs (loss of the ability to self-service and (or) active movement) or are recognized as legally incompetent in the manner prescribed by law. *15.1)

The issue of placing elderly and disabled citizens in stationary social service institutions without their consent or without the consent of their legal representatives on the grounds provided for in part one of this article shall be decided by the court on the proposal of the social protection authorities.

Refusal from the services of stationary institutions of social services for elderly citizens and disabled people who have lost the ability to satisfy their basic vital needs or are recognized as legally incompetent in the manner prescribed by law, is made upon a written application of their legal representatives if they undertake to provide these persons with care and necessary living conditions.

Elderly citizens and disabled people who are bacterial or virus carriers, or if they have chronic alcoholism, quarantine infectious diseases, active forms of tuberculosis, severe mental disorders, venereal and other diseases requiring specialized medical care in medical organizations, may be denied the provision of social services at home.
Federal Law of November 25, 2013 N 317-FZ.

Refusal to provide elderly and disabled citizens with social services on the grounds specified in part three of this article is confirmed by a joint conclusion of the social protection authority and the medical commission medical organization.
(Part as amended by Federal Law No. 122-FZ of August 22, 2004; as amended by Federal Law No. 317-FZ of November 25, 2013.

Social services for elderly and disabled citizens, carried out in non-stationary conditions, may be terminated if they violate the norms and rules established by the social service management bodies when providing this type of service.

Chapter III. Social services for elderly and disabled citizens (Articles 16 to 24)

Article 16. Forms of social service

1. Social services for elderly citizens and disabled people include:

1) social services at home (including social and medical services); *16.1.1)

2) semi-stationary social services in departments of day (night) stay of social service institutions; *16.1.2)

3) stationary social services in stationary social service institutions (boarding houses, boarding houses and other social service institutions, regardless of their name); *16.1.3)

4) urgent social service;

5) social advisory assistance. *16.1.5)

2. Elderly citizens and the disabled may be provided with living quarters in the houses of the housing fund for social use. *16.2)

3. Social services at the request of elderly citizens and the disabled may be provided on a permanent or temporary basis.

Article 17. Social service at home

1. Social services at home is one of the main forms of social services aimed at the maximum possible extension of the stay of elderly citizens and disabled people in their familiar social environment in order to maintain their social status, as well as to protect their rights and legitimate interests.

2. The number of home social services provided for by the list of state-guaranteed social services includes (paragraph as amended by Federal Law No. 122-FZ of August 22, 2004, put into effect on January 1, 2005): *17.2)

1) catering, including home delivery of groceries;

2) assistance in purchasing medicines for medical use, medical devices, food and industrial essential goods;
(Subclause as amended, entered into force on November 25, 2013 by the Federal Law of November 25, 2013 N 317-FZ.

3) assistance in obtaining medical care, including accompaniment to medical organizations;
(Subclause as amended, entered into force on November 25, 2013 by the Federal Law of November 25, 2013 N 317-FZ.

4) maintenance of living conditions in accordance with hygienic requirements;

5) assistance in organizing legal assistance and other legal services; *17.2.5)

6) assistance in organizing funeral services;

7) other home social services.

3. When serving elderly citizens and disabled people living in residential premises without central heating and (or) water supply, the number of home social services provided for by the list of state-guaranteed social services includes assistance in providing fuel and (or) water (paragraph as amended, entered into force on January 1, 2005 by the Federal Law of August 22, 2004 N 122-FZ.

4. In addition to home-based social services provided for in the lists of state-guaranteed social services, elderly citizens and the disabled may be provided with additional services on terms of full or partial payment. (paragraph as amended, entered into force on January 1, 2005 by the Federal Law of August 22, 2004 N 122-FZ. *17.4)

5. Social services at home are carried out in the manner determined by the executive authority of the constituent entity of the Russian Federation (paragraph as amended, entered into force on January 1, 2005 by the Federal Law of August 22, 2004 N 122-FZ.

6. The clause became invalid from January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ. .

Article 18. Social and medical care at home

Social and medical care at home is provided for elderly citizens and disabled people who need home social services, suffering from mental disorders (in remission), tuberculosis (except for the active form), serious diseases (including cancer) in the late stages, beyond with the exception of the diseases specified in the fourth part of Article 15 of this Federal Law. *18.1)

The procedure and conditions for social and medical care at home are determined by the executive authorities of the constituent entities of the Russian Federation (Part as amended by Federal Law No. 122-FZ of August 22, 2004, entered into force on January 1, 2005.

Article 19. Semi-stationary social service

Semi-stationary social services include social, medical and cultural services for elderly and disabled citizens, organizing their meals, recreation, ensuring their participation in feasible work activities and maintaining an active lifestyle.

Elderly citizens and disabled persons who need it and who have retained the ability to self-service and active movement, who do not have medical contraindications for enrollment in social services provided for in Part Four of Article 15 of this Federal Law, are accepted for semi-stationary social services.

The decision to enroll in semi-stationary social services is made by the head of the social service institution on the basis of a personal written application of an elderly citizen or a disabled person and a certificate from a medical organization about his state of health.
(Part as amended, entered into force on November 25, 2013 by the Federal Law of November 25, 2013 N 317-FZ.

The procedure and conditions for semi-stationary social services are determined by the executive authorities of the constituent entities of the Russian Federation (Part as amended by Federal Law No. 122-FZ of August 22, 2004, entered into force on January 1, 2005.

Article 20. Stationary social services

Stationary social services are aimed at providing comprehensive social and household assistance to elderly citizens and the disabled, who have partially or completely lost the ability to self-service and who, for health reasons, need constant care and supervision. *20.1)

Stationary social services include measures to create for the elderly and disabled citizens the most adequate living conditions for their age and health status, rehabilitation measures of a medical, social and medical-labor nature, provision of care and medical assistance, organization of their recreation and leisure. *20.2)

Stationary social services for elderly citizens and the disabled are carried out in stationary institutions (departments) of social services, profiled in accordance with their age, health and social status.

It is not allowed to place disabled children with physical disabilities in stationary social service institutions intended for the residence of children with mental disorders.

Elderly citizens and people with disabilities who have partially or completely lost the ability to self-service and need constant outside care, from among the especially dangerous recidivists released from places of deprivation of liberty and other persons who are subject to administrative supervision in accordance with the current legislation, as well as elderly citizens and disabled people who have previously been convicted or repeatedly brought to administrative responsibility for disturbing public order, engaged in vagrancy and begging, who are sent from the institutions of the internal affairs bodies, in the absence of medical contraindications and, at their personal request, are accepted for social services in special stationary social service institutions in the manner determined by the executive authorities of the constituent entities of the Russian Federation (Part as amended by Federal Law No. 122-FZ of August 22, 2004, entered into force on January 1, 2005. *20.5)

Elderly citizens and disabled people living in stationary social service institutions and constantly violating the procedure for living in them established by the Regulations on the social service institution may, at their request or by a court decision made on the basis of a recommendation from the administration of these institutions, be transferred to special stationary social service institutions. service.

Section 21. Obligations of the Administration of a Stationary Social Service Institution

The administration of a stationary social service institution is obliged to:

observe human and civil rights;

ensure the inviolability of the person and the safety of the elderly and the disabled;

inform elderly and disabled citizens living in a stationary social service institution about their rights;

perform the functions of guardians and trustees assigned to it in relation to elderly citizens and disabled people in need of guardianship or guardianship;

carry out and develop educational activities, organize recreation and cultural services for elderly citizens and the disabled;

provide elderly citizens and disabled people living in a stationary social service institution with the opportunity to use telephone and postal services for a fee in accordance with applicable tariffs;

to allocate to spouses from among the elderly and disabled citizens living in a stationary institution of social service an isolated living room for cohabitation;

ensure the possibility of unhindered reception of visitors both on weekends and holidays, and on weekdays in the daytime and in the evening;

ensure the safety of personal belongings and valuables of the elderly and disabled;

perform other functions established by the current legislation.

Article 22. Urgent social service

1. Urgent social services are carried out in order to provide emergency care of a one-time nature to elderly citizens and disabled people who are in dire need of social support.

2. Urgent social services may include the following social services (paragraph as amended by Federal Law No. 122-FZ of August 22, 2004, put into effect on January 1, 2005):

1) one-time provision of free hot meals or food packages to those in dire need;

2) provision of clothing, footwear and other essentials;

3) one-time provision of material assistance;

4) assistance in obtaining temporary housing;

5) organization of legal assistance in order to protect the rights of persons served;

6) organization of emergency medical and psychological assistance with the involvement of psychologists and clergy for this work and the allocation of additional telephone numbers for these purposes;

7) other urgent social services. *22.2.7)

Federal Law of August 22, 2004 N 122-FZ. .

Article 23

1. Social advisory assistance to elderly citizens and the disabled is aimed at their adaptation in society, easing social tension, creating favorable family relations, as well as ensuring interaction between the individual, family, society and the state.

2. Social advisory assistance to elderly citizens and the disabled is focused on their psychological support, intensification of efforts in solving their own problems and provides for:

1) identification of persons in need of social advisory assistance;

2) prevention of various kinds of socio-psychological deviations;

3) work with families in which elderly citizens and disabled people live, organizing their leisure time;

4) advisory assistance in training, vocational guidance and employment of disabled people;

5) ensuring the coordination of the activities of state institutions and public associations to solve the problems of elderly citizens and the disabled;

6) legal assistance within the competence of social service bodies;

7) other measures to form healthy relationships and create a favorable social environment for the elderly and the disabled.

3. The clause became invalid from January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ. .

Article 24

The procedure and conditions for the provision of free home, semi-stationary and stationary social services, as well as on the terms of full or partial payment, are established by the executive authorities of the constituent entities of the Russian Federation Federal Law No. 122-FZ of August 22, 2004. *24)

Chapter IV. Organization of social services for elderly and disabled citizens (Articles 25 to 33)

Article 25

The system of social services for the elderly and disabled is based on the use and development of all forms of ownership and consists of the state and non-state sectors of social services Federal Law No. 122-FZ of August 22, 2004.

Article 26. Public sector of social services (repealed from January 1, 2005)

Federal Law of August 22, 2004 N 122-FZ.

Article 27. Municipal sector of social services (repealed from January 1, 2005)

(the article became invalid from January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ.

Article 28 Municipal social service centers (repealed from January 1, 2005)

(the article became invalid from January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ.

Article 29

(the article became invalid from January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ.

Article 30. Social service institutions

1. Social service institutions are legal entities and carry out their activities in accordance with the legislation of the Russian Federation. *30.1)

2. Government agencies social services are not subject to privatization and cannot be converted to other types of activities.
(Article as amended, entered into force on January 1, 2005 by the Federal Law of August 22, 2004 N 122-FZ

Article 31

1. The main source of funding for the public sector of the system of social services for the elderly and disabled is the budgets of the constituent entities of the Russian Federation.

2. Additional extra-budgetary sources of financing measures for social services for the elderly and disabled are:

1) funds received from targeted social funds;

2) bank loans and funds of other creditors;

3) income from entrepreneurial and other income-generating activities of enterprises, institutions and organizations of the system of social protection of the population, carried out in accordance with the legislation of the Russian Federation;

4) income from securities;

5) funds received from citizens of the elderly and disabled as payment for social services;

6) charitable contributions and donations;

7) other sources not prohibited by law.

3. Monetary funds, including those on bank accounts, as well as funds from the sale of property of elderly citizens and disabled people who lived and died in stationary social service institutions, who did not leave a will and had no heirs, become the property of the state and can be directed to development of social services. Control over the targeted spending of these funds is carried out by the bodies of social protection of the population.

4. Monetary funds, including those on bank accounts, as well as funds from the sale of property of single elderly citizens and disabled people who were not served in stationary social service institutions and who died, who did not leave a will and had no heirs, become the property of the state and may focus on the development of social services.
(Article as amended, entered into force on January 1, 2005 by the Federal Law of August 22, 2004 N 122-FZ

Article 32

(the article became invalid from January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ.

Article 33. Non-state sector of social services

The non-state sector of social services unites social service institutions whose activities are based on a non-state form of ownership, as well as persons engaged in private activities in the field of social services. The non-state sector of social services includes public associations, including professional associations, charitable and religious organizations, whose activities are related to social services for the elderly and disabled (Part as amended by Federal Law No. 122-FZ of August 22, 2004, entered into force on January 1, 2005.

The activities of the subjects of the non-state sector of social services are carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Chapter V. Professional activity in the field of social services for elderly and disabled citizens (Articles 34 to 36)

Article 34. The right to professional activity in the field of social services

Federal Law of January 10, 2003 N 15-FZ. .
____________________________________________________________________
Part two of the previous edition from January 15, 2003 is considered part of the first present edition -.
____________________________________________________________________

Citizens of the Russian Federation, foreign citizens and stateless persons who have received higher vocational or secondary vocational education or vocational training in educational institutions Russian Federation Federal Law No. 15-FZ of January 10, 2003. *34.1)

The part was excluded from January 15, 2003 by the Federal Law of January 10, 2003 N 15-FZ. .

The part was excluded from January 15, 2003 by the Federal Law of January 10, 2003 N 15-FZ. .
____________________________________________________________________
Part five of the previous edition Federal Law of January 10, 2003 N 15-FZ.
____________________________________________________________________

Citizens who do not have professional training may be involved in the provision of basic social services on the terms of an employment contract concluded with social service management bodies or social service institutions. (Part as amended by Federal Law No. 15-FZ dated January 10, 2003, put into effect on January 15, 2003. *34.2)

Article 35. The right to professional private activity in the field of social services

(name of the article in the wording put into effect on January 15, 2003 by the Federal Law of January 10, 2003 N 15-FZ

Citizens registered as individual entrepreneurs or social service institutions have the right to professional private activity in the field of social services (Part as amended by Federal Law No. 15-FZ dated January 10, 2003, put into effect on January 15, 2003. *35.1)

The part was excluded from January 15, 2003 by the Federal Law of January 10, 2003 N 15-FZ. .
____________________________________________________________________
Part three of the previous edition from January 15, 2003 is considered part of the second present edition - Federal Law of January 10, 2003 N 15-FZ.
____________________________________________________________________

Control over activities for the provision of social services in the non-state sector of social services is carried out in accordance with part three of Article 37 of this Federal Law.

Article 36. Measures of social support for social workers

Measures of social support for social workers employed in the public sector of social services are carried out in accordance with the laws and other regulatory legal acts of the constituent entities of the Russian Federation (article as amended by Federal Law No. 122-FZ of August 22, 2004, put into effect on January 1, 2005.

Chapter VI. Control over the activities of social services for the elderly and disabled (Articles 37 to 38)

Article 37. Control over activities for the provision of social services

Control over activities for the provision of social services in the public sector of social services is carried out in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation (article as amended by Federal Law No. 122-FZ of August 22, 2004, put into effect on January 1, 2005.

Article 38

Actions or inaction of state bodies, enterprises, institutions and organizations, regardless of their form of ownership, as well as officials that have caused violations of the rights of elderly citizens and disabled people in the field of social services, may be appealed to the court. *38.1)

Violation of the legislation of the Russian Federation on social services for elderly and disabled citizens entails criminal, civil and administrative liability, provided for by the legislation of the Russian Federation. *38.2)

Chapter VII. Procedure for Enactment of this Federal Law

Article 39. The President of the Russian Federation and the Government of the Russian Federation shall, within three months, bring their regulatory legal acts in line with this Federal Law.

Article 40 This Federal Law shall enter into force on the day of its official publication.

The president
Russian Federation
B. Yeltsin

Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"

On Social Services for Elderly Citizens and the Disabled (as amended on November 25, 2013)

Approved by the Federation Council on July 21, 1995

(as amended by Federal Laws No. 15-FZ of 10.01.2003, No. 122-FZ of 22.08.2004)

This Federal Law regulates relations in the field of social services for the elderly and the disabled, which is one of the areas of activity for the social protection of the population, establishes economic, social and legal guarantees for the elderly and the disabled, based on the need to establish the principles of philanthropy and mercy in society.

Chapter I. General Provisions

Article 1. Social services for elderly citizens and disabled people

Social services for elderly and disabled citizens is an activity to meet the needs of these citizens in social services.

Social services include a set of social services that are provided to elderly citizens and the disabled at home or in social service institutions, regardless of ownership.

Article 2

The legislation of the Russian Federation on social services for elderly citizens and disabled people consists of this Federal Law, other federal laws, other regulatory legal acts of the Russian Federation adopted in accordance with them, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.

If an international treaty (agreement) of the Russian Federation establishes rules other than those provided for by this Federal Law, then the rules of the international treaty (agreement) shall apply.

Article 3

Activities in the field of social services for the elderly and disabled are based on the following principles:

Observance of human and civil rights;
provision of state guarantees in the field of social services;
ensuring equal opportunities in obtaining social services and their accessibility for the elderly and the disabled;
continuity of all types of social services;
orientation of social services to the individual needs of the elderly and the disabled;
priority of measures for social adaptation of elderly citizens and disabled people;
responsibility of public authorities and institutions, as well as officials for ensuring the rights of elderly citizens and disabled people in the field of social services.

Article 4

The state guarantees elderly and disabled citizens the opportunity to receive social services based on the principle of social justice, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations and other circumstances.

Elderly citizens and the disabled are provided with the opportunity to receive sufficient social services to meet their basic vital needs, which are included in the lists of state-guaranteed social services.

The list of state-guaranteed social services is approved by the executive authorities of the subjects of the Russian Federation, taking into account the needs of the population living in the territories of the respective subjects of the Russian Federation.

Part four is no longer valid.

Chapter II. The rights of elderly and disabled citizens in the field of social services

Article 5. The right of elderly and disabled citizens to social services

Elderly citizens (women over 55 years old, men over 60 years old) and disabled people (including children with disabilities) who need permanent or temporary assistance due to partial or complete loss of the ability to independently satisfy their basic life needs due to limited ability to self-service and (or) movement, have the right to social services provided in the state and non-state sectors of the social service system.

Social services for elderly and disabled citizens are carried out by decision of the social protection authorities in institutions subordinate to them or under agreements concluded by social protection authorities with social service institutions of other forms of ownership.

Article 6. Rights of foreign citizens, stateless persons, including refugees, in the field of social services

Foreign citizens, stateless persons, including refugees, enjoy the same rights in the field of social services as citizens of the Russian Federation, unless otherwise provided by the legislation of the Russian Federation.

Article 7

When receiving social services, elderly citizens and people with disabilities have the right to:

Respectful and humane attitude on the part of employees of social service institutions;
the choice of an institution and form of social service in the manner established by the bodies of social protection of the population of the constituent entities of the Russian Federation;
information about their rights, obligations and conditions for the provision of social services;
consent to social services;
denial of social services;
confidentiality of personal information that became known to an employee of a social service institution when providing social services;
protection of their rights and legitimate interests, including in court.

Article 8

Elderly citizens and the disabled have the right to receive information about the types and forms of social services, indications for receiving social services and the conditions for their payment, as well as other conditions for their provision.

Information about social services is provided by social workers directly to elderly citizens and the disabled, and in relation to persons under 14 years of age and persons recognized as incapacitated in the manner prescribed by law, to their legal representatives.

Elderly citizens and disabled persons sent to stationary or semi-residential social service institutions, as well as their legal representatives, must be familiarized in advance with the conditions of residence or stay in these institutions and the types of services provided by them.

Article 9. Consent to social services

Social services are provided subject to the voluntary consent of elderly citizens and disabled people to receive social services, with the exception of cases provided for by this Federal Law.

Consent to social services for persons under the age of 14, and persons recognized as legally incompetent in the manner prescribed by law, is given by their legal representatives after receiving the information provided for in part one of Article 8 of this Federal Law. In the temporary absence of legal representatives, the decision on consent is made by the guardianship and guardianship authorities.

Placement in a stationary institution of social services for elderly citizens and the disabled is carried out on the basis of their personal written application and is confirmed by their signature, and persons under the age of 14 and persons recognized as legally incompetent - on the basis of a written application of their legal representatives.

The placement of elderly and disabled citizens in stationary social service institutions without their consent or without the consent of their legal representatives is allowed on the grounds and in the manner provided for in Article 15 of this Federal Law, as well as the Law of the Russian Federation "On Psychiatric Care and Guarantees of the Rights of Citizens in its Provision ".

The placement of elderly citizens and disabled people in special stationary social service institutions is carried out on the conditions specified in Article 20 of this Federal Law.

Article 10. Denial of social services

Citizens of the elderly and disabled, as well as their legal representatives, have the right to refuse social services, with the exception of cases provided for in Article 15 of this Federal Law.

In case of refusal of social services, elderly and disabled citizens, as well as their legal representatives, are explained the possible consequences of their decision.

The refusal of elderly and disabled citizens from social services, which may lead to a deterioration in their health or a threat to their lives, is documented in a written application of elderly citizens and disabled people or their legal representatives, confirming the receipt of information about the consequences of the refusal.

Article 11. Confidentiality of information

Information of a personal nature that has become known to employees of a social service institution in the course of providing social services constitutes a professional secret.

Employees of social service institutions who are guilty of disclosing professional secrets are liable in accordance with the procedure established by the legislation of the Russian Federation.

Article 12

1. Elderly citizens and disabled people living in stationary social service institutions enjoy the rights provided for in Article 7 of this Federal Law, and also have the right to:

1) providing them with living conditions that meet sanitary and hygienic requirements;
2) care, primary health care and dental care provided in an inpatient social service institution;
3) has become invalid.
4) socio-medical rehabilitation and social adaptation;
5) voluntary participation in the medical labor process, taking into account the state of health, interests, desires in accordance with the medical report and labor recommendations;
6) medical and social examination, carried out for medical reasons, to establish or change the disability group;
7) free visits by a lawyer, a notary, legal representatives, representatives of public associations and a clergyman, as well as relatives and other persons;
8) free assistance of a lawyer in accordance with the procedure established by the current legislation;
9) providing them with premises for the performance of religious rites, creating appropriate conditions for this, not contradicting the internal regulations, taking into account the interests of believers of various faiths;
10) preservation of residential premises occupied by them under a contract of employment or lease in houses of state, municipal and public housing stocks within six months from the date of admission to a stationary social service institution, and in cases where members of their families remain living in residential premises - in throughout the duration of your stay in the facility. In case of refusal of the services of a stationary social service institution after the expiration of the specified period, elderly citizens and disabled people who have vacated residential premises in connection with their placement in these institutions have the right to extraordinary provision with residential premises, if they cannot be returned to the residential premises they previously occupied .

Disabled children living in stationary social service institutions, who are orphans or deprived of parental care, upon reaching the age of 18, are subject to provision of residential premises out of turn by local governments at the location of these institutions or at the place of their former residence of their choice, if an individual rehabilitation program provides for the opportunity to carry out self-service and lead an independent lifestyle;
11) participation in public commissions for the protection of the rights of elderly citizens and the disabled, created, including in social service institutions.

2. Disabled children living in stationary social service institutions have the right to receive education and vocational training in accordance with their physical and mental capabilities. This right is ensured by organizing special educational institutions (classes and groups) and labor training workshops in stationary social service institutions in the manner prescribed by current legislation.

3. Elderly citizens and disabled people living in state social service institutions and in need of specialized medical care are sent for examination and treatment to state health care institutions. Payment for the treatment of elderly citizens and the disabled in these health care institutions is carried out in accordance with the established procedure at the expense of the relevant budget allocations and medical insurance funds.

4. Elderly citizens and disabled persons living in stationary social service institutions have the right to be free from punishment. For the purpose of punishing elderly and disabled citizens or creating amenities for the personnel of these institutions, the use of medicines, means of physical restraint, as well as the isolation of elderly citizens and disabled people, is not allowed. Persons guilty of violating this norm shall bear disciplinary, administrative or criminal liability established by the legislation of the Russian Federation.

Article 13

Elderly citizens and persons with disabilities living in stationary social service institutions may be hired for work available to them due to health reasons, on the terms of an employment contract.

Elderly citizens and disabled people working on the terms of an employment contract are provided with an annual paid leave of 30 calendar days.

Elderly citizens and disabled people living in stationary social service institutions may participate in medical and labor activities in accordance with medical recommendations.

Coercion of elderly citizens or disabled persons living in stationary social service institutions to medical labor activity is not allowed.

Article 14. Refusal of the services of a stationary social service institution

Elderly citizens and disabled people who are in stationary social service institutions and do not belong to the category of citizens specified in the first part of Article 15 of this Federal Law have the right to refuse the services of these institutions.

Article 15

Restrictions on the rights of elderly and disabled citizens in the provision of social services to them are allowed in the manner prescribed by this Federal Law, and may be expressed in the placement of these citizens without their consent in social service institutions in cases where they are deprived of care and support from relatives or other legal representatives and at the same time are not able to independently satisfy their vital needs (loss of the ability to self-service and (or) active movement) or are recognized as legally incompetent in the manner prescribed by law.

The issue of placing elderly citizens and disabled people in stationary social service institutions without their consent or without the consent of their legal representatives on the grounds provided for in part one of this article shall be decided by the court on the proposal of the social protection authorities of the population.

Refusal from the services of stationary institutions of social services for elderly citizens and disabled people who have lost the ability to satisfy their basic vital needs or are recognized as legally incompetent in the manner prescribed by law, is made upon a written application of their legal representatives if they undertake to provide these persons with care and necessary living conditions.

Elderly citizens and disabled people who are bacterial or virus carriers, or if they have chronic alcoholism, quarantine infectious diseases, active forms of tuberculosis, severe mental disorders, venereal and other diseases requiring treatment in specialized healthcare institutions, may be denied social services at home.

Refusal to provide elderly and disabled citizens with social services on the grounds specified in part three of this article is confirmed by a joint conclusion of the social protection authority and the medical advisory commission of a healthcare institution.

Social services for elderly and disabled citizens, carried out in non-stationary conditions, may be terminated if they violate the norms and rules established by the social service management bodies when providing this type of service.

Chapter III. Social services for the elderly and disabled

Article 16. Forms of social service

1. Social services for elderly citizens and disabled people include:

1) social services at home (including social and medical services);
2) semi-stationary social services in departments of day (night) stay of social service institutions;
3) stationary social services in stationary social service institutions (boarding houses, boarding houses and other social service institutions, regardless of their name);
4) urgent social service;
5) social advisory assistance.

2. Elderly citizens and the disabled may be provided with living quarters in the houses of the housing fund for social use.

3. Social services at the request of elderly citizens and the disabled may be provided on a permanent or temporary basis.

Article 17. Social service at home

1. Social services at home is one of the main forms of social services aimed at the maximum possible extension of the stay of elderly citizens and disabled people in their familiar social environment in order to maintain their social status, as well as to protect their rights and legitimate interests.

2. The number of home-based social services provided for by the list of state-guaranteed social services includes:

1) catering, including home delivery of groceries;
2) assistance in the acquisition of medicines, food and industrial essential goods;
3) assistance in obtaining medical care, including escort to medical institutions;
4) maintenance of living conditions in accordance with hygienic requirements;
5) assistance in organizing legal assistance and other legal services;
6) assistance in organizing funeral services;
7) other home social services.

3. When serving elderly citizens and disabled people living in residential premises without central heating and (or) water supply, the number of home social services provided for by the list of state-guaranteed social services includes assistance in providing fuel and (or) water.

4. In addition to home-based social services provided for in the lists of state-guaranteed social services, elderly citizens and the disabled may be provided with additional services on terms of full or partial payment.

5. Social services at home are carried out in the manner determined by the executive authority of the constituent entity of the Russian Federation.

6. Has expired.

Article 18. Social and medical care at home

Social and medical care at home is provided for elderly citizens and disabled people who need home social services, suffering from mental disorders (in remission), tuberculosis (except for the active form), serious diseases (including cancer) in the late stages, beyond with the exception of the diseases specified in the fourth part of Article 15 of this Federal Law.

The procedure and conditions for social and medical care at home are determined by the executive authorities of the constituent entities of the Russian Federation.

Article 19. Semi-stationary social service

Semi-stationary social services include social, medical and cultural services for elderly and disabled citizens, organizing their meals, recreation, ensuring their participation in feasible work activities and maintaining an active lifestyle.

Elderly citizens and disabled persons who need it and who have retained the ability to self-service and active movement, who do not have medical contraindications for enrollment in social services provided for in Part Four of Article 15 of this Federal Law, are accepted for semi-stationary social services.

The decision on enrollment in semi-stationary social services is made by the head of the social service institution on the basis of a personal written application of an elderly citizen or a disabled person and a certificate from a health care institution on his state of health.

The procedure and conditions for semi-stationary social services are determined by the executive authorities of the constituent entities of the Russian Federation.

Article 20. Stationary social services

Stationary social services are aimed at providing comprehensive social and household assistance to elderly citizens and the disabled, who have partially or completely lost the ability to self-service and who, for health reasons, need constant care and supervision.

Stationary social services include measures to create for the elderly and disabled citizens the most adequate living conditions for their age and health status, rehabilitation measures of a medical, social and medical-labor nature, provision of care and medical assistance, organization of their recreation and leisure.

Stationary social services for elderly citizens and the disabled are carried out in stationary institutions (departments) of social services, profiled in accordance with their age, health and social status.

It is not allowed to place disabled children with physical disabilities in stationary social service institutions intended for the residence of children with mental disorders.

Elderly citizens and people with disabilities who have partially or completely lost the ability to self-service and need constant outside care, from among the especially dangerous recidivists released from places of deprivation of liberty and other persons who are subject to administrative supervision in accordance with the current legislation, as well as elderly citizens and disabled people who have previously been convicted or repeatedly brought to administrative responsibility for disturbing public order, engaged in vagrancy and begging, who are sent from the institutions of the internal affairs bodies, in the absence of medical contraindications and, at their personal request, are accepted for social services in special stationary social service institutions in the manner determined by the executive authorities of the constituent entities of the Russian Federation.

Elderly citizens and disabled people living in stationary social service institutions and constantly violating the procedure for living in them established by the Regulations on the social service institution may, at their request or by a court decision made on the basis of a recommendation from the administration of these institutions, be transferred to special stationary social service institutions. service.

Section 21. Obligations of the Administration of a Stationary Social Service Institution

The administration of a stationary social service institution is obliged to:

Respect human and civil rights;
ensure the inviolability of the person and the safety of the elderly and the disabled;
inform elderly and disabled citizens living in a stationary social service institution about their rights;
perform the functions of guardians and trustees assigned to it in relation to elderly citizens and disabled people in need of guardianship or guardianship;
carry out and develop educational activities, organize recreation and cultural services for elderly citizens and the disabled;
provide elderly citizens and disabled people living in a stationary social service institution with the opportunity to use telephone and postal services for a fee in accordance with applicable tariffs;
to allocate to spouses from among the elderly and disabled citizens living in a stationary institution of social service an isolated living room for cohabitation;
ensure the possibility of unhindered reception of visitors both on weekends and holidays, and on working days in the daytime and in the evening;
ensure the safety of personal belongings and valuables of the elderly and disabled;
perform other functions established by the current legislation.

Article 22. Urgent social service

1. Urgent social services are carried out in order to provide emergency assistance of a one-time nature to elderly citizens and disabled people who are in dire need of social support.

2. Urgent social services may include the following social services:

1) one-time provision of free hot meals or food packages to those in dire need;
2) provision of clothing, footwear and other essentials;
3) one-time provision of material assistance;
4) assistance in obtaining temporary housing;
5) organization of legal assistance in order to protect the rights of persons served;
6) organization of emergency medical and psychological assistance with the involvement of psychologists and clergy for this work and the allocation of additional telephone numbers for these purposes;
7) other urgent social services.

3. Has expired.

Article 23 Social advisory assistance

1. Social advisory assistance to elderly citizens and the disabled is aimed at their adaptation in society, easing social tension, creating favorable family relations, as well as ensuring interaction between the individual, family, society and the state.

2. Social advisory assistance to elderly citizens and the disabled is focused on their psychological support, intensification of efforts in solving their own problems and provides for:

1) identification of persons in need of social advisory assistance;
2) prevention of various kinds of socio-psychological deviations;
3) work with families in which elderly citizens and disabled people live, organizing their leisure time;
4) advisory assistance in training, vocational guidance and employment of disabled people;
5) ensuring the coordination of the activities of state institutions and public associations to solve the problems of elderly citizens and the disabled;
6) legal assistance within the competence of social service bodies;
7) other measures to form healthy relationships and create a favorable social environment for the elderly and the disabled.

3. Has expired.

Article 24 Payment for home, semi-stationary and stationary social services in state social service institutions

The procedure and conditions for the provision of free home, semi-stationary and stationary social services, as well as on the terms of full or partial payment, are established by the executive authorities of the constituent entities of the Russian Federation.

Chapter IV. Organization of social services for the elderly and disabled

Article 25 The system of social services for the elderly and disabled

The system of social services for the elderly and disabled is based on the use and development of all forms of ownership and consists of the state and non-state sectors of social services.

Articles 26 - 29. Lost power.

Article 30. Social service institutions

1. Social service institutions are legal entities and carry out their activities in accordance with the legislation of the Russian Federation.

2. State social service institutions are not subject to privatization and cannot be re-profiled into other types of activities.

Article 31

1. The main source of funding for the public sector of the system of social services for the elderly and disabled is the budgets of the constituent entities of the Russian Federation.

2. Additional extra-budgetary sources of financing measures for social services for the elderly and disabled are:

1) funds received from targeted social funds;
2) bank loans and funds of other creditors;
3) income from entrepreneurial and other income-generating activities of enterprises, institutions and organizations of the system of social protection of the population, carried out in accordance with the legislation of the Russian Federation;
4) income from securities;
5) funds received from citizens of the elderly and disabled as payment for social services;
6) charitable contributions and donations;
7) other sources not prohibited by law.

3. Monetary funds, including those on bank accounts, as well as funds from the sale of property of elderly citizens and disabled people who lived and died in stationary social service institutions, who did not leave a will and had no heirs, become the property of the state and can be directed to development of social services. Control over the targeted spending of these funds is carried out by the bodies of social protection of the population.

4. Monetary funds, including those on bank accounts, as well as funds from the sale of property of single elderly citizens and disabled people who were not served in stationary social service institutions and who died, who did not leave a will and had no heirs, become the property of the state and may focus on the development of social services.

Article 32 Lost strength.

Article 33. Non-state sector of social services

The non-state sector of social services unites social service institutions whose activities are based on a non-state form of ownership, as well as persons engaged in private activities in the field of social services. The non-state sector of social services includes public associations, including professional associations, charitable and religious organizations, whose activities are related to social services for the elderly and disabled.

The activities of the subjects of the non-state sector of social services are carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Chapter V. Professional activity in the field of social services for the elderly and disabled

Article 34. The right to professional activity in the field of social services

Part one is excluded.

Citizens of the Russian Federation, foreign citizens and stateless persons who have received higher vocational or secondary vocational education or vocational training in educational institutions of the Russian Federation have the right to professional activity in the field of social services for elderly and disabled citizens.

Parts three and four are excluded.

Citizens who do not have professional training may be involved in the provision of basic social services on the terms of an employment contract concluded with the management bodies of social services for the population or social service institutions.

Article 35. The right to professional private activity in the field of social services

Citizens registered as individual entrepreneurs or social service institutions have the right to professional private activity in the field of social services.

Part two is excluded.

Control over activities for the provision of social services in the non-state sector of social services is carried out in accordance with part three of Article 37 of this Federal Law.

Article 36. Measures of social support for social workers

Measures of social support for social workers employed in the public sector of social services are carried out in accordance with the laws and other regulatory legal acts of the constituent entities of the Russian Federation.

Chapter VI. Control over the activities of social services for the elderly and disabled

Article 37. Control over activities for the provision of social services

Control over activities for the provision of social services in the public sector of social services is carried out in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Article 38

Actions or inaction of state bodies, enterprises, institutions and organizations, regardless of their form of ownership, as well as officials that have caused violations of the rights of elderly citizens and disabled people in the field of social services, may be appealed to the court.

Violation of the legislation of the Russian Federation on social services for elderly and disabled citizens entails criminal, civil and administrative liability, provided for by the legislation of the Russian Federation.

Chapter VII. Procedure for Enactment of this Federal Law

Article 39 The President of the Russian Federation and the Government of the Russian Federation shall, within three months, bring their regulatory legal acts in line with this Federal Law.

Article 40 This Federal Law shall enter into force on the day of its official publication.

The president
Russian Federation
B. YELTSIN

Usually the preamble of each legislative act expresses some attitude of the legislator to those legal relations that will be settled in the law. The preamble may briefly describe the composition of those legal relations that will be the subject of consideration and regulation in the law.

The commented law fully continues this tradition, and in the preamble speaks of the principles of philanthropy and mercy, on the basis of which all legal norms in the area of ​​legal relations under consideration should be built. It is somewhat unclear then why in Art. 3 of the law under consideration, the principles of philanthropy and mercy are not reflected. This article of the law just consolidates those legal principles, taking into account the content of the meaning of which the legal norms of the law should be built. In general, the mention in the law of the principles of mercy and philanthropy does not seem entirely clear. What does the legislator mean in this case, because philanthropy and mercy have no legal content. Even international conventions on the protection of human rights, which describe the rights and freedoms of people in broad terms and in general phrases, do not use such concepts as philanthropy and mercy when defining legal norms. These categories are in the field of ethics, philosophy and other humanities, and constitute the moral side of human life. The law does not affect morality, it exists outside the legal norms, therefore the categories of mercy and philanthropy have never been enshrined in the law.

The Constitution of the Russian Federation in Art. 7 established that the Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person. In the Russian Federation, labor and health of people are protected, a guaranteed minimum wage is established, state support is provided for the family, motherhood, fatherhood and childhood, disabled and elderly citizens, a system of social services is being developed, state pensions, benefits and other guarantees of social protection are being established. It is this legal norm that reflects all philanthropy and mercy, it is expressed specifically in the creation by the state of conditions that would ensure a decent life for the elderly and disabled on the territory of the Russian Federation. Another question is what is considered such a worthy life. There are many criteria for determining, but one cannot but agree that the most important indicator of such a "decent life" for the elderly and disabled will be their ability to satisfy their needs with all the household, medical services and goods they need. Therefore, the solution of this issue requires significant financial resources.

The level of social security for absolutely all categories of older people and the disabled is currently not high enough, despite the fact that the state has already done a lot in this direction and, in general, the social security of the disabled and the elderly has improved. The President of the Russian Federation, in his annual address to the Federal Assembly of the Russian Federation in 2006, spoke about the state of social protection of disabled and elderly people in Russia as follows:

"Dealing with the problem of increasing the birth rate, supporting a young family, we have no right to forget about the older generations. These are people who gave their whole lives to the country, worked for the country, and, if necessary, stood up for its defense. We must do everything to provide them You know, over the past few years pensions have been increased repeatedly, and ahead of schedule, and next year pensions will be increased by a total of almost 20 percent more. veterans. It is necessary to continue the program of providing these categories of citizens with social housing, including the use of additional resources within the framework of the Affordable Housing project. Please continue to consider this work as one of the key priorities."

Thus, our state will continue to pay attention to the problem of ensuring a truly decent life for the elderly and disabled. The law under consideration, one of many legislative acts in its field of relations, establishes the requirements (legal norms) for the social support of the elderly and disabled. The preamble of the commented law establishes that this law regulates relations in the field of social services, and is one of the set of measures for the social protection of the disabled and the elderly.

The preamble under consideration also states that the commented law establishes legal, economic and social guarantees in the field of social protection of the elderly and disabled. With legal guarantees, everything is more or less clear, almost any legal norm in the commented law can be called, to one degree or another, a legal guarantee for the elderly and the disabled. For example, the entire chapter 2 of the commented law establishes the rights of elderly citizens and disabled people in the most direct way, and this can be called a legal guarantee.

But social and economic guarantees need to be clarified. Social guarantees include the content of the norms of Chapter 3 of the law under consideration on social services for the elderly and the disabled. These are specific types of social assistance to needy citizens, specified in the commented law. Economic guarantees can be viewed as established state-guaranteed expenditures (budget funds) for social assistance. Only the content of Art. 31 of the commented law, which establishes the sources of funding for the system of social services for needy citizens.