Russia has ratified the Convention on the Rights of Persons with Disabilities. In this regard, on January 1, 2018, a federal law came into force, establishing the accessibility of various facilities and services for persons with disabilities. At the request of our readers, we publish what changes will occur in the lives of people with disabilities.
Since January 1, 2018, disabled persons have the right to be accompanied
To begin with, we note that Federal Law No. 419-FZ "On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Ratification of the Convention on the Rights of Persons with Disabilities" was adopted on December 1, 2014, but entered into force on January 1, 2018. And that is not in full. Some of its articles will become effective from July 1, 2017, and some - from January 1, 2018. He makes changes to almost all regulations in terms of ensuring the opportunity for people with disabilities to use services in all spheres of life. First of all, amendments have been made to Federal Law No. 181-FZ "On social protection of disabled people in the Russian Federation."
Article 15 of this law just speaks about the unhindered access of disabled people to social, engineering and transport infrastructure.
Pharmacies, laundries, hairdressing salons and any other organization should ensure that people with disabilities can use their services.
But here it must be borne in mind that it is often simply impossible to equip a building with ramps or special lifts for disabled people. The legislator has provided that in this case, organizations must agree with the disabled people's societies on other ways of providing services to disabled people. This can be home delivery, cooperation with social workers who will purchase goods for a disabled person, transporting a person to a building, providing services by mail or the Internet, etc. This work, by the way, has already been partially organized in the region. Disabled people can always contact the social taxi service.
Are these services free?
It does not follow from the law that all disabled persons should be provided with free delivery to the place they need. The document only provides for the possibility of using transport services.
Who will accompany the disabled?
Both social workers and service workers. The law does not stipulate that an accompanying person will be “assigned” to each disabled person. This is a service that will be provided within the framework of social security for people with disabilities.
Suppose a disabled person wants to buy medicine at a pharmacy near the house, but there is no ramp. What should he do? According to the law, from January 1, he must be provided with a service
If a disabled person is served by a social worker, then a social worker will take care of the purchase and delivery of medicines. If a disabled person is not served at home by a social worker, he can apply for help from social protection or demand that the pharmacy workers provide him with the necessary assistance.
What actions can people with disabilities expect from social protection in such a situation?
A social worker should be singled out. Considering this situation with a pharmacy, the social worker will purchase the necessary medications and take them home. But in the future, the mechanism that is envisaged should start working, that is, each pharmacy should provide disabled people with the opportunity to receive services from them.
In the future, administrative responsibility will be introduced for organizations that do not comply with the law. That is, if a disabled person informs us that a certain service was not provided to him due to lack of access to the organization, the institution may be fined.
The law says that only newly commissioned buildings will be equipped with ramps. However, the owners of existing facilities are still required to take steps to ensure access. We explain this provision of the law.
Indeed, from this year on, any newly commissioned facilities must meet the requirements for accessibility for people with limited mobility.
Should there be ramps everywhere?
Ramps, elevators, widened openings, etc. As for the already introduced objects, if they cannot be refurbished, it should be agreed with the disabled people's societies that it is possible to achieve only partial or conditional accessibility.
Who is responsible for the fact that ramps are not installed in high-rise buildings?
The management company that serves the house. The problem of installing ramps in apartment buildings is very serious for the following reason: the ramp is part of a capital construction. In most houses, most of the apartments are privatized, so the consent of the residents is required to obtain permission to install a ramp or lifts. Many do not give it: someone does not agree with the installation of ramps, believing that they will interfere with the exit from the entrance.
Changes in the procedure for granting people with disabilities benefits for housing
We have brought the regional legislation in line with the federal one. Taking into account the fact that all benefits for disabled people to pay for the maintenance of housing and utility services are paid at the expense of federal funds, they are directly regulated by Federal Law 181 on the social protection of disabled people.
Law 181 clearly states that people with disabilities living in state and municipal housing stock have a 50% discount on housing payments.
That is, those who live in a privatized, purchased or donated apartment do not have this benefit. And the second point - according to regional legislation, the benefit extended to all family members of a disabled person, according to federal legislation - the payment is made specifically for the disabled person - without taking into account the family members who live with him.
Some residents are outraged by this. I would like them to understand that these benefits are paid from federal funds. There is no talk about saving!
Overhaul benefits
By the way, many people with disabilities are also labor veterans. They have the right to choose which category to provide for this benefit: to receive it as a disabled person or as a labor veteran. In the latter case, they will receive the benefit on the same terms.
The new law also provides for a 50% discount on overhaul payments for people over 75 years old.
This provision was provided for by Federal Law No. 399-FZ of December 29, 2015:
50% discount on overhaul for disabled people of 1-2 groups and families with a disabled child. This payment is valid from January 1st.
The law says about the right of the region to establish a benefit for people over 75 years old - a 50% discount on the payment of overhaul, and for those over 80 years old - a 100% discount. It is the right of every region of our country to establish a benefit or not.
People with disabilities employed in organizations, regardless of their organizational and legal forms and forms of ownership, are provided with the necessary working conditions in accordance with the individual program of rehabilitation or habilitation of a disabled person.
It is not allowed to establish in collective or individual labor contracts working conditions for disabled people (wages, working hours and rest hours, duration of annual and additional paid vacations, etc.) that worsen the situation of disabled people in comparison with other employees.
For disabled people of I and II groups, a reduced working time is established no more than 35 hours per week, while maintaining full remuneration.
Involvement of disabled persons in overtime work, work on weekends and at night is allowed only with their consent and provided that such work is not prohibited for them for health reasons.
People with disabilities are provided with annual leave of at least 30 calendar days.
Judicial practice under Article 23 of the Federal Law of November 24, 1995 No. 181-ФЗ
- ... for business trips, certified copies of orders dated January 10, 2017 "On compensation payments for employees' expenses while on business trips", dated August 11, 16, 18, 23, 2017 "On the appointment of a person responsible for the performance of work", providing for the duty of Telegin L.G. carry out checks on objects. Testimony of witness FULL NAME5 about transfer Telegin L.G. ...
Decision No. 12-112 / 2019 of July 25, 2019 in case No. 12-112 / 2019
Volkhov City Court (Leningrad Region) - Administrative offenses
With IPR, including in terms of ensuring individual production rates. The instruction of the chief state labor inspector Kozina D.F. on violation of the LGBU "Volkhovsky PNI" Art. 23 of the Federal Law "On Social Protection of Disabled Persons of the Russian Federation" for workers living in the LGBU "Volkhovsky PNI" is not specified. Taking into account the availability of information about the proper notification Petrova N.P. and Federal ...
Decision No. 12-126 / 2019 of July 18, 2019 in case No. 12-126 / 2019
Leninsky District Court of Yaroslavl (Yaroslavl Region) - Administrative offenses
The second group of disability was received indefinitely by the employer on December 5, 2017. However, in violation of paragraph 4 of part 1 of article 92 of the Labor Code of the Russian Federation, part 3 of article 23 of the Federal Law of November 24, 1995 No. 181-FZ "On social protection of disabled people in the Russian Federation" December 05, 2017 D.A. Efremov was not installed ...
Decision of 15 July 2019 in case No. А32-15470 / 2019
Arbitration Court of the Krasnodar Territory (AS Krasnodar Territory)
Municipal formation of the city of Krasnodar on the recognition of the refusal of 03/21/2019 No. 29 / 2861-1 in issuing a construction permit on a land plot with cadastral number 23: 43: 0413003: 171 - illegal, the obligation to issue a permit for the construction of a workshop building on a land plot with a cadastral number 23: 43: 0413003: 171. The applicant's representative at the hearing insisted ...
Decision No. 2-2449 / 2019 2-2449 / 2019 ~ M-1828/2019 M-1828/2019 dated June 25, 2019 in case No. 2-2449 / 2019
Starooskolsk City Court (Belgorod Region) - Civil and Administrative
Paid leave of more than 28 calendar days (extended main leave) is provided to employees in accordance with the Labor Code of the Russian Federation and other federal laws. According to Part 5 of Art. 23 of the Federal Law of 24.11.1995 No. 181-FZ "On social protection of disabled people in the Russian Federation" disabled persons are provided with annual leave of at least 30 calendar days. The worker confirms his disability ...
Decision No. 2-994 / 2019 2-994 / 2019 ~ M-501/2019 M-501/2019 dated June 21, 2019 in case No. 2-994 / 2019
Zavodskoy District Court of Orel (Oryol Region) - Civil and Administrative
In accordance with an individual rehabilitation program; carry out other activities. For employees who are disabled of I or II groups, article 92 of the Labor Code of the Russian Federation and article 23 of the Federal Law of November 24, 1995 No. 181-FZ "On social protection of disabled people in the Russian Federation" provides for a reduced working time - no more than 35 hours per week with...
Decision No. 2-4736 / 2019 2-4736 / 2019 ~ M-3492/2019 M-3492/2019 dated June 19, 2019 in case No. 2-4736 / 2019
Blagoveshchensk City Court (Amur Region) - Civil and Administrative
Sheets and, accordingly, could find out how payroll is made. In addition, the claimant's incapacity for work, which occurred in the period from 10.04.2018 to 23. 04.2018 and from 07.17.2018 to 08.28.2018 in a total of 53 days also cannot serve as a valid reason for missing the deadline, ...
Decision No. 2-1064 / 2019 2-1064 / 2019 ~ M-831/2019 M-831/2019 dated June 4, 2019 in case No. 2-1064 / 2019
Sovetsky District Court of Orel (Oryol Region) - Civil and Administrative
That they have been discriminated against in the field of work, they have the right to apply to the court with an application for the restoration of violated rights, compensation for material damage and compensation for moral damage. Article 23 of the Federal Law of November 24, 1995 No. No. 181-FZ "On social protection of disabled people in the Russian Federation" provides that disabled people employed in organizations, regardless of organizational and legal forms ...
Social protection of disabled people in the Russian Federation
(as amended on July 24, 1998, January 4, July 17, 1999, May 27, 2000, June 9, August 8, December 29, December 30, 2001, May 29, 2002, January 10, 23 October 2003, 22 August, 29 December 2004, 31 December 2005, 18 October, 1 November, 1 December 2007, 1 March, 14, 23 July, 22 December 2008, 28 April 24 July 2009)
122-FZ of July 22, 2005 amended the preamble of this Federal Law to enter into force on January 1, 2005.
This Federal Law defines the state policy in the field of social protection of disabled people in the Russian Federation, the purpose of which is to provide disabled people with equal opportunities with other citizens in the exercise of civil, economic, political and other rights and freedoms provided for by the Constitution of the Russian Federation, as well as in accordance with generally recognized principles and the norms of international law and international treaties of the Russian Federation.
The measures of social protection of persons with disabilities stipulated by this Federal Law are expenditure obligations of the Russian Federation, with the exception of measures of social support and social services that fall under the authority of the state authorities of the constituent entities of the Russian Federation in accordance with the legislation of the Russian Federation.
Chapter I. General Provisions
N 122-FZ Article 1 of this Federal Law has been amended to enter into force on January 1, 2005.
The concept of "disabled", the basis for determining the group of disability
Disabled person- a person who has a health disorder with persistent dysfunction of the body, caused by diseases, consequences of trauma or defects, leading to limitation of life and necessitating his social protection.
Restriction of life activity - full or partial loss by a person of the ability or ability to carry out self-service, independently move, navigate, communicate, control his behavior, learn and engage in work.
Depending on the degree of disorder of body functions and limitation of vital functions, persons recognized as disabled are established disability group, and persons under the age of 18 are assigned a category "disabled child".
A person is recognized as a disabled person federal agency medical and social examination. The procedure and conditions for recognizing a person as a disabled person are established by the Government of the Russian Federation.
Federal Law No. 122-FZ of August 22, 2004 amended Article 2 of this Federal Law.The amendments shall enter into force on January 1, 2005.
The concept of social protection of disabled people
Social protection of disabled people - a system of state-guaranteed economic, legal measures and social support measures providing disabled people with conditions for overcoming, replacing (compensating) the limitations of life activity and aimed at creating opportunities for them to participate in society on an equal basis with other citizens.
Social support for people with disabilities- a system of measures providing social guarantees for disabled people, established by laws and other regulatory legal acts, with the exception of pension benefits.
Legislation of the Russian Federation on the Social Protection of Disabled Persons
The legislation of the Russian Federation on the social protection of disabled people consists of the relevant provisions of the Constitution of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, 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.
Federal Law No. 122-FZ of August 22, 2004 amended Article 4 of this Federal Law.The amendments shall enter into force on January 1, 2005.
Competence of federal government bodies in the field of social protection of disabled people
The jurisdiction of federal government bodies in the field of social protection of disabled persons includes:
1) determination of state policy in relation to persons with disabilities;
2) the adoption of federal laws and other regulatory legal acts of the Russian Federation on the social protection of disabled people (including those regulating the procedure and conditions for providing disabled people with a single federal minimum of social protection measures); control over the implementation of the legislation of the Russian Federation on the social protection of disabled people;
3) the conclusion of international treaties (agreements) of the Russian Federation on the issues of social protection of disabled people;
4) the establishment of general principles for the organization and implementation of medical and social expertise and rehabilitation of disabled people;
5) determination of criteria, establishment of conditions for recognizing a person as a disabled person;
6) the establishment of standards for technical means of rehabilitation, communication and information technology, the establishment of norms and rules that ensure the accessibility of the living environment for people with disabilities; determination of the relevant certification requirements;
7) establishment of the procedure for accreditation of organizations, regardless of organizational and legal forms and forms of ownership, carrying out activities in the field of rehabilitation of disabled people;
8) the implementation of accreditation of enterprises, institutions and organizations under federal ownership, carrying out activities in the field of rehabilitation of disabled people;
9) development and implementation of federal targeted programs in the field of social protection of disabled people, control over their implementation;
10) approval and financing of the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person;
11) creation of federal institutions of medical and social expertise, control over their activities;
13) coordination of scientific research, financing of research and development work on the problems of disability and disabled people;
14) development of methodological documents on social protection of disabled people;
16) assistance in the work of all-Russian public associations of disabled people and rendering assistance to them;
19) the formation of indicators of the federal budget for spending on social protection of disabled people;
20) the establishment of a unified system for registering disabled people in the Russian Federation, including disabled children, and the organization, on the basis of this system, of statistical monitoring of the socio-economic situation of disabled people and their demographic composition.
Federal Law No. 199-FZ of December 31, 2005 reworded Article 5 of this Federal Law, which shall enter into force on January 1, 2006.
Article 5.Participation of state authorities of the constituent entities of the Russian Federation in providing social protection and social support for disabled people
State authorities of the constituent entities of the Russian Federation in the field of social protection and social support for disabled people have the right:
1) participation in the implementation of state policy in relation to persons with disabilities in the territories of the constituent entities of the Russian Federation;
2) adoption, in accordance with federal laws, of laws and other regulatory legal acts of the constituent entities of the Russian Federation;
3) participation in the determination of priorities in the implementation of social policy in relation to persons with disabilities in the territories of the constituent entities of the Russian Federation, taking into account the level of socio-economic development of these territories;
4) development, approval and implementation of regional programs in the field of social protection of disabled people in order to ensure them equal opportunities and social integration into society, as well as the right to control their implementation;
5) exchange information with authorized federal executive bodies on social protection of disabled people and on providing them with social support;
6) provision of additional measures of social support to disabled people at the expense of the budgets of the constituent entities of the Russian Federation;
7) promoting the employment of disabled persons, including stimulating the creation of special jobs for their employment;
8) the implementation of activities for the training of personnel in the field of social protection of disabled people;
9) financing of scientific research, research and development work in the field of social protection of disabled people;
10) assistance to public associations of disabled people.
Responsibility for causing harm to health resulting in disability
For causing harm to the health of citizens, which led to disability, the persons guilty of this bear material, civil, administrative and criminal responsibility in accordance with the legislation of the Russian Federation.
Russian Federation.
Chapter II. Medical and social expertise
The concept of medical and social expertise
Medical and social expertise - determination, in accordance with the established procedure, of the needs of the examined person in measures of social protection, including rehabilitation, on the basis of an assessment of the disabilities caused by persistent disorders of the body's functions.
160-FZ of July 1, 2009 amended part 2 of Article 7 of this Federal Law.The amendments shall enter into force on January 1, 2009
Medical and social expertise is carried out on the basis of a comprehensive assessment of the state of the body based on the analysis of clinical and functional, social, household, professional, labor, psychological data of the examined person using classifications and criteria developed and approved in the manner determined.
Federal Law No. 122-FZ of August 22, 2004 amended Article 8 of this Federal Law.The amendments shall enter into force on January 1, 2005.
Federal institutions of medical and social expertise
Federal Law No. 160-FZ of July 23, 2008 amended part 1 of Article 8 of this Federal Law.The amendments shall enter into force on January 1, 2009
Medical and social expertise is carried out by federal institutions of medical and social expertise, subordinate to an authorized body determined by the Government of the Russian Federation. The procedure for the organization and activities of federal institutions of medical and social expertise determined by the federal executive body authorized by the Government of the Russian Federation.
To federal institutions medical and social expertise is entrusted to:
1) establishment disability, its causes, timing, time of onset of disability, needs of a disabled person in various types of social protection;
2) development of individual rehabilitation programs for disabled people;
3) study of the level and causes of disability of the population;
4) participation in the development of comprehensive programs for the rehabilitation of persons with disabilities, prevention of disability and social protection of persons with disabilities;
5) determination of the degree of loss of professional ability to work;
6) determination of the cause of death of a disabled person in cases where the legislation of the Russian Federation provides for the provision of measures of social support to the family of the deceased.
Institutional decision medical and social expertise is mandatory for the relevant state authorities, local authorities, as well as organizations, regardless of organizational and legal forms and forms of ownership.
Chapter III. Rehabilitation of the disabled
Federal Law of August 22, 2004 No. N 122-FZ Article 9 of this Federal Law has been amended to enter into force on January 1, 2005.
Disabled rehabilitation concept
Rehabilitation of the disabled - the system and process of full or partial restoration of the abilities of disabled people for everyday, social and professional activities. Rehabilitation of people with disabilities is aimed at eliminating, or as fully as possible, compensating for disabilities caused by health disorders with persistent disorders of body functions, in order to socially adapt disabled people, achieve material independence and integrate them into society.
The main areas of rehabilitation for people with disabilities include:
restorative medical measures, reconstructive surgery, prosthetics and orthotics, spa treatment;
vocational guidance, training and education, assistance in employment, industrial adaptation;
socio-environmental, socio-pedagogical, socio-psychological and socio-cultural rehabilitation, social adaptation;
physical culture and recreational activities, sports.
The implementation of the main directions of rehabilitation of persons with disabilities provides for the use of technical means of rehabilitation by persons with disabilities, the creation of the necessary conditions for the unimpeded access of persons with disabilities to facilities of engineering, transport, social infrastructure and the use of means of transport, communication and information, as well as providing persons with disabilities and their family members with information on the rehabilitation of persons with disabilities.
Federal Law No. 122-FZ of August 22, 2004 reworded Article 10 of this Federal Law, which shall enter into force on January 1, 2005.
Federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person
The state guarantees persons with disabilities to carry out rehabilitation measures, to receive technical means and services provided for by the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person at the expense of the federal budget.
The federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person is approved by the Government of the Russian Federation.
Federal Law No. 122-FZ of August 22, 2004 amended Article 11 of this Federal Law.The amendments shall enter into force on January 1, 2005.
Individual rehabilitation program for a disabled person
Individual rehabilitation program for a disabled person - developed on the basis of a solution the authorized body in charge of federal institutions, medical and social expertise is a complex of optimal rehabilitation measures for a disabled person, which includes certain types, forms, volumes, terms and procedure for the implementation of medical, professional and other rehabilitation measures aimed at restoration, compensation for impaired or lost body functions, restoration, compensation of the disabled person's abilities to performing certain activities.
An individual rehabilitation program for a disabled person is mandatory for implementation by the relevant state authorities, local authorities, as well as organizations, regardless of organizational and legal forms and forms of ownership.
An individual rehabilitation program for a disabled person contains both rehabilitation measures provided to a disabled person waiver in accordance with the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person and rehabilitation measures, in the payment of which the disabled person himself or other persons or organizations take part, regardless of the organizational and legal forms and forms of ownership.
The volume of rehabilitation measures provided for by the individual rehabilitation program for a disabled person may not be less than the established one the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person.
An individual rehabilitation program is of a recommendatory nature for a disabled person, he or she has the right to refuse one or another type, form and volume of rehabilitation measures, as well as from the implementation of the program as a whole. A disabled person has the right to independently resolve the issue of providing himself with a specific technical means of rehabilitation or a type of rehabilitation, including wheelchairs, prosthetic and orthopedic products, printed publications with a special font, sound amplifying equipment, alarms, video materials with subtitles or sign language interpretation, and other similar means.
If the technical means of rehabilitation or the service provided for by the individual rehabilitation program cannot be provided to the disabled person, or if the disabled person has acquired the appropriate means or paid for the service at his own expense, then he is paid compensation in the amount of the cost of the technical means of rehabilitation, services that must be provided to the disabled person.
The refusal of a disabled person (or a person representing his interests) from an individual rehabilitation program as a whole or from the implementation of its individual parts frees the relevant state authorities, local self-government bodies, as well as organizations, regardless of organizational and legal forms and forms of ownership, from responsibility for its implementation and does not give a disabled person the right to receive compensation in the amount of the cost of rehabilitation measures provided free of charge.
Federal Law No. 122-FZ of August 22, 2004 amended Article 11.1 of this Federal Law.The amendments shall enter into force on January 1, 2005.
Technical means for the rehabilitation of disabled people
The technical means for the rehabilitation of disabled people include devices containing technical solutions, including special ones, used to compensate or eliminate persistent restrictions on the life of a disabled person.
Technical means for the rehabilitation of disabled people are:
special means for self-service;
special care products;
special aids for orientation (including guide dogs with a set of equipment), communication and exchange of information;
special means for teaching, education (including literature for the blind) and employment;
prosthetic products (including prosthetic and orthopedic products, orthopedic shoes and special clothing, eye prostheses and hearing aids);
special exercise and sports equipment, sports equipment.
The decision to provide disabled persons with technical means of rehabilitation is made when medical indications and contraindications are established.
Medical indications and contraindications are established on the basis of an assessment of persistent disorders of body functions caused by diseases, the consequences of injuries and defects.
For medical reasons, the need to provide a disabled person with technical means of rehabilitation is established, which provide compensation or elimination of persistent restrictions on the disabled person's life.
Financing of expenditure obligations to provide disabled people with technical means of rehabilitation, including the manufacture and repair of prosthetic and orthopedic products, is carried out at the expense of the federal budget and the Social Insurance Fund of the Russian Federation.
The technical means of rehabilitation provided for by individual rehabilitation programs for disabled people, provided to them at the expense of the federal budget and the Social Insurance Fund of the Russian Federation, are transferred to disabled people for free use.
Additional funds to finance the costs of the technical means of rehabilitation of disabled persons provided for by this Article may be obtained from other sources not prohibited by law.
Federal Law No. 160-FZ of July 23, 2008 reworded part 15 of Article 11.1 of this Federal Law, which shall enter into force on January 1, 2009.
The list of indications for providing disabled persons with technical means of rehabilitation and the procedure for providing disabled people with technical means of rehabilitation are determined by the federal executive body authorized by the Government of the Russian Federation.
The list of technical means of rehabilitation and indications for providing disabled people with them, as well as the procedure for providing disabled people with technical means of rehabilitation are determined by the Government of the Russian Federation.
The amount and procedure for payment of annual monetary compensation to disabled persons for the costs of maintaining and veterinary services for guide dogs are determined by the Government of the Russian Federation.
By Federal Law No. 122-FZ of August 22, 2004, Article 12 of this Federal Law has ceased to be effective as of January 1, 2005.
Chapter IV. Ensuring the life of the disabled
Federal Law of August 22, 2004 No. N 122-FZ Article 13 of this Federal Law has been amended to enter into force on January 1, 2005.
Medical assistance for the disabled
The provision of qualified medical care to disabled people is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation within the framework of the program of state guarantees for the provision of free medical care to citizens of the Russian Federation.
Federal Law No. 122-FZ of August 22, 2004 amended Article 14 of this Federal Law.The amendments shall enter into force on January 1, 2005.
Ensuring unimpeded access to information for persons with disabilities
The state guarantees the disabled person the right to receive the necessary information. Ensuring the release of literature for the visually impaired is an expenditure obligation of the Russian Federation. The acquisition of periodical, scientific, educational, methodological, reference and informational and fictional literature for the disabled, including those published on tape cassettes and in braille, for educational institutions and libraries under the jurisdiction of the constituent entities of the Russian Federation and municipal educational institutions is an expenditure obligation of the constituent entities of the Russian Federation, for municipal libraries - an expenditure obligation of a local government. The acquisition of the literature specified in this part for federal educational institutions and libraries is an expenditure obligation of the Russian Federation.
Sign language is recognized as a medium of interpersonal communication. A system of subtitling or sign language translation of television programs, films and video films is being introduced.
Authorized bodies assist the disabled in obtaining sign language interpretation services, providing sign language equipment, and providing typhlo means.
Federal Law No. 122-FZ of August 22, 2004 amended Article 15 of this Federal Law.The amendments shall enter into force on January 1, 2005.
Providing unimpeded access for disabled people to social infrastructure facilities
The Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, local self-government bodies and organizations, regardless of organizational and legal forms, create conditions for disabled people (including disabled people using wheelchairs and guide dogs) for unhindered access to social infrastructure (residential, public and industrial buildings, structures and structures, sports facilities, recreational facilities, cultural and entertainment and other institutions), as well as for the unhindered use of rail, air, water, intercity road transport and all types of urban and suburban passenger transport, communications and information (including means providing duplication of sound signals of light signals of traffic lights and devices that regulate the movement of pedestrians through transport communications).
Planning and development of cities and other settlements, the formation of residential and recreational zones, the development of design solutions for new construction and reconstruction of buildings, structures and their complexes, as well as the development and production of public transport vehicles, communications and information without adapting these facilities for access disabled persons and their use by disabled persons are not allowed.
State and municipal expenditures for the development and production of vehicles, taking into account the needs of persons with disabilities, adaptation of vehicles, means of communication and information for unimpeded access to them by persons with disabilities and their use by persons with disabilities, creating conditions for persons with disabilities for unhindered access to engineering, transport and social infrastructure facilities are carried out in the limits of appropriations annually provided for these purposes in the budgets of all levels. The costs of carrying out these activities, which are not related to state and municipal costs, are carried out at the expense of other sources not prohibited by the legislation of the Russian Federation.
In cases where existing facilities cannot be fully adapted to the needs of persons with disabilities, the owners of these facilities should, in agreement with public associations of persons with disabilities, take measures to ensure that the minimum needs of persons with disabilities are met.
Enterprises, institutions and organizations that provide transport services to the population provide equipment with special devices for railway stations, airports and other facilities, allowing people with disabilities to use their services without hindrance. The organizations of the machine-building complex engaged in the production of vehicles, as well as organizations, regardless of organizational and legal forms, providing transport services to the population, provide the equipment of these facilities with special devices and devices in order to create conditions for disabled people for the unhindered use of these vehicles.
Places for the construction of a garage or parking for technical and other means of transportation are provided to disabled people out of turn near the place of residence, taking into account urban planning standards.
At each parking (stop) of vehicles, including those near trade enterprises, service industries, medical, sports and cultural and entertainment institutions, at least 10 percent of places (but not less than one place) are allocated for parking special vehicles of disabled persons who are not must be occupied by other vehicles. People with disabilities use parking spaces for special vehicles free of charge.
Federal Law No. 122-FZ of August 22, 2004 amended Article 16 of this Federal Law.The amendments shall enter into force on January 1, 2005.
Responsibility for avoiding the fulfillment of requirements for creating conditions for disabled people for unimpeded access to engineering, transport and social infrastructure
Legal entities and officials for evading the fulfillment of the requirements stipulated by this Federal Law, other federal laws and other regulatory legal acts for creating conditions for disabled people for unimpeded access to engineering, transport and social infrastructure facilities, as well as for the unhindered use of railway, air, water, intercity by road and by all types of urban and suburban passenger transport, by means of communication and information bear administrative responsibility in accordance with the legislation of the Russian Federation.
Funds received from the collection of administrative fines for evading the fulfillment of the requirements for creating conditions for disabled people for unimpeded access to the specified facilities and funds, credited to the federal budget.
199-FZ of July 1, 2005, Article 17 of this Federal Law is set forth in a new edition, which shall enter into force on January 1, 2005.
Article 17.Providing people with disabilities with living space
People with disabilities and families with disabled children who need to improve their living conditions are registered and provided with living quarters in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
Provision at the expense of the federal budget with housing for disabled people and families with disabled children who need to improve their living conditions, registered before January 1, 2005, shall be carried out in accordance with the provisions of Article 28.2 of this Federal Law.
Disabled people and families with disabled children who need to improve their living conditions, registered after January 1, 2005, are provided with housing in accordance with the housing legislation of the Russian Federation.
The determination of the procedure for the provision of residential premises (under a social rental agreement or in ownership) to citizens in need of improved housing conditions registered before January 1, 2005 is established by the legislation of the constituent entities of the Russian Federation.
Living quarters are provided to disabled people, families with disabled children, taking into account the state of health and other circumstances worthy of attention.
Federal Law of July 23, 2008 No. N 160-FZ Part 6 of Article 17 of this Federal Law was amended to enter into force on January 1, 2009
Persons with disabilities may be provided with living quarters under a social tenancy agreement with a total area exceeding the provision rate for one person (but not more than twice), provided that they suffer from severe forms of chronic diseases provided for by the list establishedby the federal executive body authorized by the Government of the Russian Federation.
The payment for a dwelling (payment for social rent, as well as for the maintenance and repair of a dwelling), provided to a disabled person under a social hiring agreement in excess of the norm for the provision of living space, is determined based on the occupied total area of a dwelling in a single amount, taking into account the benefits provided.
Living quarters occupied by disabled people are equipped with special means and devices in accordance with the individual rehabilitation program for the disabled person.
People with disabilities living in stationary social service institutions and wishing to receive housing under a social tenancy agreement are subject to registration to improve their living conditions, regardless of the size of the occupied area, and are provided with living quarters on an equal basis with other disabled people.
Children with disabilities living in inpatient social service institutions, who are orphans or left without parental care, upon reaching the age of 18 years, are subject to provision of living quarters out of turn, if the individual rehabilitation program for a disabled person provides for the opportunity to carry out self-service and lead an independent lifestyle.
The dwelling in the houses of the state or municipal housing stock, occupied by a disabled person under a social tenancy agreement, when the disabled person is placed in a stationary social service institution, shall be retained for him for six months.
Specially equipped living quarters in houses of state or municipal housing stock, occupied by disabled people under a social rental agreement, when they are vacated, are occupied primarily by other disabled people who need to improve their living conditions.
Disabled people and families with disabled children are provided with a discount of at least 50 percent on payment for housing (in houses of state or municipal housing stock) and payment of utilities (regardless of the ownership of the housing stock), and in residential buildings that do not have central heating, - for the cost of fuel purchased within the limits established for sale to the population.
Disabled people and families with disabled people are given the right to priority receipt of land plots for individual housing construction, maintenance and suburban farming and gardening.
Federal Law No. 122-FZ of August 22, 2004 amended Article 18 of this Federal Law.The amendments shall enter into force on January 1, 2005.
Education and training of disabled children
Educational institutions, together with social protection authorities and health authorities, provide preschool, out-of-school education and education for children with disabilities, receive secondary general education, secondary vocational and higher vocational education for disabled people in accordance with the individual rehabilitation program for a disabled person.
Disabled children of preschool age are provided with the necessary rehabilitation measures and conditions are created for staying in preschool institutions of a general type. For children with disabilities, whose state of health excludes the possibility of their stay in preschool institutions of a general type, special preschool institutions are created.
If it is impossible to educate and educate children with disabilities in general or special preschool and general educational institutions, educational authorities and educational institutions shall provide, with the consent of the parents, teaching children with disabilities according to a full general educational or individual program at home.
The procedure for raising and educating disabled children at home, as well as the amount of compensation for parents' expenses for these purposes, are determined by laws and other regulations of the constituent entities of the Russian Federation and are expenditure obligations of the budgets of the constituent entities of the Russian Federation.
The upbringing and education of disabled children in preschool and general education institutions are expenditure obligations of the constituent entity of the Russian Federation.
Federal Law No. 309-FZ of December 1, 2007 amended Article 19 of this Federal Law.
Federal Law No. 122-FZ of August 22, 2004 amended Article 19 of this Federal Law.The amendments shall enter into force on January 1, 2005.
Disabled education
The state guarantees disabled persons the necessary conditions for education and vocational training.
General education of disabled people is carried out waiver both in educational institutions, equipped, if necessary, with special technical means, and in special educational institutions and is regulated by the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation.
The state ensures that disabled persons receive basic general, secondary (complete) general education, primary vocational, secondary vocational and higher vocational education in accordance with the individual rehabilitation program for a disabled person.
Professional education of disabled people in educational institutions of various types and levels is carried out in accordance with the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation.
For persons with disabilities who need special conditions for obtaining vocational education, special vocational educational institutions of various types and types or appropriate conditions are created in vocational educational institutions of a general type.
Professional training and vocational education of persons with disabilities in special vocational educational institutions for persons with disabilities are carried out in accordance with federal state educational standards based on educational programs adapted for teaching people with disabilities.
The organization of the educational process in special professional educational institutions for disabled people is regulated by regulatory legal acts, organizational and methodological materials of the relevant federal executive bodies.
Providing disabled people with exemption from payment or on preferential terms with special teaching aids and literature, as well as the ability to use the services of sign language interpreters is an expenditure obligation of the constituent entity of the Russian Federation (with the exception of students studying at federal state educational institutions). For disabled people studying in federal state educational institutions, the provision of these activities is an expenditure obligation of the Russian Federation.
Federal Law of August 22, 2004 N 122-FZ
Providing employment for people with disabilities
Persons with disabilities are provided with guarantees of employment by federal government bodies, government bodies of the constituent entities of the Russian Federation through the following special measures to enhance their competitiveness in the labor market:
2) the establishment in organizations, regardless of organizational and legal forms and forms of ownership, of a quota for the employment of persons with disabilities and a minimum number of special jobs for persons with disabilities;
3) reservation of jobs in professions most suitable for the employment of disabled people;
4) stimulating the creation by enterprises, institutions, organizations of additional jobs (including special ones) for the employment of persons with disabilities;
5) creation of working conditions for disabled people in accordance with individual rehabilitation programs for disabled people;
6) creation of conditions for entrepreneurial activity of disabled people;
7) organization of training for disabled people in new professions.
Federal Law No. 122-FZ of August 22, 2004 amended Article 21 of this Federal Law.The amendments shall enter into force on January 1, 2005.
Establishing a Quota for Employment of Persons with Disabilities
For organizations with more than 100 employees, the legislation of the constituent entity of the Russian Federation establishes a quota for hiring disabled people as a percentage of the average number of employees (but not less than 2 and not more than 4 percent).
Public associations of disabled people and organizations formed by them, including business partnerships and societies, the authorized (share) capital of which consists of the contribution of a public association of disabled people, are exempt from the mandatory quota of jobs for disabled people.
Federal Law No. 122-FZ of August 22, 2004 amended Article 22 of this Federal Law.The amendments shall enter into force on January 1, 2005.
Special jobs for the employment of people with disabilities
Special jobs for the employment of people with disabilities - jobs that require additional measures for the organization of work, including the adaptation of basic and auxiliary equipment, technical and organizational equipment, additional equipment and technical devices, taking into account the individual capabilities of disabled people.
The minimum number of special jobs for the employment of persons with disabilities is established by the executive authorities of the constituent entities of the Russian Federation for each enterprise, institution, organization within the established quota for the employment of persons with disabilities.
Working conditions for people with disabilities
People with disabilities employed in organizations, regardless of their organizational and legal forms and forms of ownership, are provided with the necessary working conditions in accordance with the individual rehabilitation program for a disabled person.
It is not allowed to establish in collective or individual labor contracts working conditions for disabled people (wages, working hours and rest hours, duration of annual and additional paid vacations, etc.) that worsen the situation of disabled people in comparison with other employees.
For disabled people of I and II groups, a reduced working time is established no more than 35 hours per week, while maintaining full remuneration.
Involvement of disabled persons in overtime work, work on weekends and at night is allowed only with their consent and provided that such work is not prohibited for them for health reasons.
People with disabilities are provided with annual leave of at least 30 calendar days.
The rights, duties and responsibilities of employers in ensuring the employment of persons with disabilities
Employers have the right to request and receive information necessary when creating special jobs for the employment of people with disabilities.
Employers, in accordance with the established quota for hiring people with disabilities, are obliged to:
1) create or allocate jobs for the employment of persons with disabilities;
2) create working conditions for disabled people in accordance with an individual disabled person's rehabilitation program;
3) provide, in accordance with the established procedure, the information necessary for the organization of employment of disabled persons.
The heads of organizations, regardless of organizational and legal forms and forms of ownership, violating the procedure for making mandatory payments to the budgets of the constituent entities of the Russian Federation, are liable in the form of payment of a fine: for concealing or understating the mandatory payment - in the amount of a hidden or underpaid amount, and in case of refusal to accept for the work of a disabled person within the established quota - in the amount of the cost of a workplace determined by the executive authorities of the constituent entities of the Russian Federation. The amounts of fines are collected in an indisputable manner by the bodies of the State Tax Service of the Russian Federation. Payment of the fine does not exempt them from paying the debt.
Federal Law No. 122-FZ of August 22, 2004, Article 25 became invalid on January 1, 2005.
Federal Law No. 122-FZ of August 22, 2004, Article 26 became invalid on January 1, 2005.
Federal Law No. 122-FZ of August 22, 2004 amended Article 27 of this Federal Law.The amendments shall enter into force on January 1, 2005.
Material support of disabled people
Material support for disabled people includes cash payments on various grounds (pensions, benefits, insurance payments for insurance of the risk of health damage, payments for compensation for harm caused to health, and other payments), compensation in cases established by the legislation of the Russian Federation.
Federal Law No. 160-FZ of July 23, 2008 amended Article 28 of this Federal Law.The amendments shall enter into force on January 1, 2009
Federal Law No. 122-FZ of August 22, 2004 amended Article 28 of this Federal Law.The amendments shall enter into force on January 1, 2005.
Social welfare services for the disabled
Social and domestic services for disabled people are carried out in the manner and on the grounds determined by the authorities state power of the constituent entities of the Russian Federation with the participation of public associations of people with disabilities.
The executive authorities of the constituent entities of the Russian Federation create special services for social services for the disabled, including the delivery of food and industrial goods to disabled people, and approve a list of diseases of disabled people, in which they have the right to preferential services.
Disabled people in need of outside care and assistance are provided with medical and household services at home or in inpatient facilities. The conditions for the stay of disabled people in a stationary social service institution must ensure the possibility for disabled people to exercise their rights and legitimate interests in accordance with this Federal Law and contribute to the satisfaction of their needs.
Disabled persons are provided with the necessary means of telecommunication services, special telephones (including for subscribers with hearing impairments), call centers for collective use.
Disabled persons are provided with household appliances, typhlo-, deaf- and other means necessary for them for social adaptation.
Maintenance and repair of technical means for the rehabilitation of disabled people are carried out out of turn waiver or on preferential terms.
The procedure for the provision of services for the maintenance and repair of technical means for the rehabilitation of disabled persons is determinedby the federal executive body authorized by the Government of the Russian Federation.
Federal Law No. 122-FZ of August 22, 2004 supplemented this Federal Law with Article 28.1, which shall enter into force on January 1, 2005.
Monthly cash payment to people with disabilities
1. People with disabilities and disabled children have the right to a monthly cash payment in the amount and in the manner prescribed by this article.
213-F3 of N 213-F3 reworded part 2 of Article 28.1 of this Federal Law, which shall enter into force on January 1, 2010.
Federal Law No. 72-FZ of April 28, 2009 reworded Part 2 of Article 28.1 of this Federal Law, which shall enter into force from the day of the official publication of the said Federal Law and extend to legal relations arising from April 1, 2009.
Federal Law No. 269-FZ of December 22, 2008 reworded part 2 of Article 28.1 of this Federal Law, which shall enter into force on April 1, 2009.
Federal Law No. 110-FZ of July 14, 2008 reworded Part 2 of Article 28.1 of this Federal Law, which shall enter into force from the day of the official publication of the said Federal Law and extend to legal relations arising from July 1, 2008.
Federal Law No. 18-FZ of March 1, 2008 reworded part 2 of Article 28.1 of this Federal Law, which shall enter into force on April 1, 2008.
Federal Law No. 244-FZ of November 1, 2007 reworded Part 2 of Article 28.1 of this Federal Law.
2. The monthly cash payment is set in the amount of:
1) disabled persons of group I - 2,162 rubles;
2) disabled persons of group II, disabled children - 1,544 rubles;
3) disabled persons of the III group - 1 236 rubles.
3. If a citizen simultaneously has the right to a monthly cash payment under this Federal Law and under another federal law or other regulatory legal act, regardless of the basis on which it is established (except for cases of establishing a monthly cash payment in accordance with the Law of the Russian Federation "On social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant "(as amended by the Law of the Russian Federation of June 18, 1992 N 3061-I), Federal Law of January 10, 2002 N 2-FZ" On social guarantees to citizens exposed to radiation due to nuclear tests at the Semipalatinsk test site "), he is provided with one monthly cash payment either under this Federal Law, or under another federal law or other regulatory legal act at the choice of the citizen.
Federal Law No. 213-F3 of July 24, 2009 amended part 4 of Article 28.1 of this Federal Law.The amendments shall enter into force on January 1, 2010.
4. The size of the monthly cash payment is subject to indexation once a year from April 1 of the current year, based on the forecast inflation rate established by the federal law on the federal budget for the corresponding financial year and for the planned period.
5. The monthly cash payment is established and paid by the territorial body of the Pension Fund of the Russian Federation.
6. Monthly payments are made in accordance with the procedure determined by the federal executive body responsible for the development of state policy and legal regulation in the field of health care and social development.
7. Part of the monthly cash payment may be used to finance the provision of social services to a disabled person in accordance with Federal Law No. 178-FZ of July 17, 1999 "On State Social Assistance".
Federal Law No. 199-FZ of December 29, 2004 supplemented this Federal Law with a new Article 28.2, which shall enter into force on January 1, 2005.
Federal Law No. 230-FZ of October 18, 2007 supplemented Article 28.2 of this Federal Law with part eleven.
Provision of measures of social support for disabled people to pay for housing and utilities, as well as to provide housing for disabled people and families with disabled children
The Russian Federation delegates to the state authorities of the constituent entities of the Russian Federation the authority to provide measures of social support for disabled people to pay for housing and utilities and to provide housing for disabled people and families with disabled children who need to improve their living conditions, registered before January 1, 2005 ...
Funds for the implementation of the transferred powers to provide these measures of social support are provided as part of the Federal Compensation Fund, formed in the federal budget, in the form of subventions.
The amount of funds provided for in the Federal Fund for Compensation to the Budgets of the Subjects of the Russian Federation is determined by:
on payment of housing and communal services based on the number of persons entitled to these measures of social support; approved by the Government of the Russian Federation, the federal standard for the marginal cost of the provided housing and communal services per 1 square meter of the total area of housing per month and the federal standard for the social norm of the area of housing used to calculate interbudgetary transfers;
to provide housing for disabled people and families with disabled children, based on the number of persons entitled to these social support measures; the total area of housing is 18 square meters and the average market value of 1 square meter of the total area of housing in the constituent entity of the Russian Federation, established by the federal executive body authorized by the Government of the Russian Federation.
Subventions are credited in accordance with the procedure established for the execution of the federal budget to the accounts of the budgets of the constituent entities of the Russian Federation.
The procedure for spending and accounting for funds for the provision of subventions is established by the Government of the Russian Federation.
The form of providing these social support measures is determined by the regulatory legal acts of the constituent entity of the Russian Federation.
State authorities of the constituent entities of the Russian Federation quarterly submit to the federal executive body that develops a unified state financial, credit, monetary policy, a report on the expenditure of the provided subventions indicating the number of persons entitled to these social support measures, categories of recipients of social support measures, and to the federal executive body that develops a unified state policy in the field of health care, social development, labor and consumer protection - a list of persons who have been provided with social support measures, indicating the categories of recipients, the grounds for obtaining social support measures, the size of the occupied area and the cost provided or purchased housing. If necessary, additional reporting data shall be submitted in the manner determined by the Government of the Russian Federation.
Funds for the implementation of these powers are targeted and cannot be used for other purposes.
In the event that funds are not used for their intended purpose, the authorized federal executive body has the right to collect these funds in the manner prescribed by the legislation of the Russian Federation.
Control over the spending of funds is carried out by the federal executive body in charge of control and supervision in the financial and budgetary sphere, by the federal executive body in charge of control and supervision in the field of health care and social development, and by the Accounts Chamber of the Russian Federation.
The state authorities of the constituent entities of the Russian Federation shall have the right to empower local self-government bodies by the laws of the constituent entities of the Russian Federation to provide the measures of social support specified in part one of this article. Article 31 of this Federal Law has been amended to enter into force on January 1, 2005.
The procedure for maintaining social protection measures established for disabled persons
In cases where other legal acts for persons with disabilities provide for norms that increase the level of social protection of persons with disabilities in comparison with this Federal Law, the provisions of these legal acts shall apply. If a disabled person has the right to the same measure of social protection under this Federal Law and at the same time under another legal act, social protection measure is provided either under this Federal Law or under another legal act (regardless of the basis for establishing benefits).
Responsibility for violation of the rights of persons with disabilities. Dispute resolution
Citizens and officials guilty of violating the rights and freedoms of persons with disabilities are liable in accordance with the legislation of the Russian Federation.
Disputes regarding the establishment of disability, the implementation of individual rehabilitation programs for persons with disabilities, the provision of specific measures of social protection, as well as disputes concerning other rights and freedoms of persons with disabilities, are considered in court.
Chapter V. Public associations of disabled people
The right of persons with disabilities to form public associations
Public associations created and operating in order to protect the rights and legitimate interests of disabled people, to provide them with equal opportunities with other citizens, are a form of social protection for disabled people. The state provides these public associations with assistance and assistance, including material, technical and financial.
Public organizations of people with disabilities are organizations created by people with disabilities and persons representing their interests in order to protect the rights and legitimate interests of people with disabilities, provide them with equal opportunities with other citizens, solve the problems of social integration of people with disabilities, among whose members there are people with disabilities and their legal representatives (one of the parents , adoptive parents, guardian or trustee) make up at least 80 percent, as well as unions (associations) of these organizations.
Federal executive bodies, executive bodies of the constituent entities of the Russian Federation, organizations, regardless of organizational and legal forms and forms of ownership, involve authorized representatives of public associations of disabled people to prepare and make decisions affecting the interests of disabled people. Decisions made in violation of this provision may be invalidated in court.
Public associations of disabled people may own enterprises, institutions, organizations, business partnerships and societies, buildings, structures, equipment, transport, housing stock, intellectual values, cash, shares, shares and securities, as well as any other property and land. in accordance with the legislation of the Russian Federation.
Federal Law No. 122-FZ of August 22, 2004, Article 34 became invalid as of January 1, 2005.
Chapter VI. Final provisions
Entry into force of this Federal Law
This Federal Law shall enter into force on the day of its official publication, with the exception of articles for which other terms of entry into force are established.
Articles 21, 22, 23 (except for part one), 24 (except for clause 2 of part two) of this Federal Law shall enter into force on July 1, 1995; Articles 11 and 17, part two of Article 18, part three of Article 19, paragraph 5 of part two of Article 20, part one of Article 23, paragraph 2 of part two of Article 24, part two of Article 25 of this Federal Law shall enter into force on January 1, 1996; Articles 28, 29, 30 of this Federal Law shall enter into force on January 1, 1997 in terms of the expansion of the benefits currently in force.
Articles 14, 15, 16 of this Federal Law shall enter into force during 1995-1999. The specific dates for the entry into force of these articles are determined by the Government of the Russian Federation.
Effect of laws and other normative legal acts
The President of the Russian Federation and the Government of the Russian Federation shall bring their normative legal acts in line with this Federal Law.
Until the laws and other regulatory legal acts in force on the territory of the Russian Federation are brought into line with this Federal Law, laws and other regulatory legal acts shall be applied to the extent that they do not contradict this Federal Law.
President of the Russian Federation B. Yeltsin
Moscow Kremlin
"On social protection of disabled people in the Russian Federation"
(as amended by Federal Laws of 24.07.1998 N 125-FZ, of 04.01.1999 N 5-FZ, of 17.07.1999 N 172-FZ, of 27.05.2000 N 78-FZ, of 09.06.2001 N 74-FZ , dated 08.08.2001 N 123-FZ, dated 29.12.2001 N 188-FZ, dated 30.12.2001 N 196-FZ, dated 29.05.2002 N 57-FZ, dated 10.01.2003 N 15-FZ, dated 23.10.2003 N 132-FZ, dated 22.08.2004 N 122-FZ (revised on 29.12.2004), dated 29.12.2004 N 199-FZ))
Accepted
The State Duma
July 20, 1995
This Federal Law defines the state policy in the field of social protection of disabled people in the Russian Federation, the purpose of which is to provide disabled people with equal opportunities with other citizens in the exercise of civil, economic, political and other rights and freedoms provided for by the Constitution of the Russian Federation, as well as in accordance with generally recognized principles and the norms of international law and international treaties of the Russian Federation.
The measures of social protection of persons with disabilities stipulated by this Federal Law are expenditure obligations of the Russian Federation, with the exception of measures of social support and social services that fall under the authority of the state authorities of the constituent entities of the Russian Federation in accordance with the legislation of the Russian Federation.
(the paragraph was introduced by the Federal Law of August 22, 2004 N 122-FZ)
Chapter I. General Provisions
Article 1. The concept of "disabled person", the basis for determining the group of disability
A disabled person is a person who has a health disorder with a persistent disorder of the body's functions, caused by diseases, the consequences of injuries or defects, leading to a limitation of life and necessitating his social protection.
Restriction of life activity - full or partial loss of a person's ability or ability to carry out self-service, independently move, navigate, communicate, control their behavior, learn and engage in work.
Depending on the degree of disorder of body functions and limitation of vital functions, persons recognized as disabled are assigned a disability group, and persons under the age of 18 are assigned the category of "disabled child".
(as amended by Federal Law of 17.07.1999 N 172-FZ)
The recognition of a person as a disabled person is carried out by the federal institution of medical and social expertise. The procedure and conditions for recognizing a person as a disabled person are established by the Government of the Russian Federation.
Article 2. The concept of social protection of disabled people
Social protection of disabled people is a system of state-guaranteed economic, legal and social support measures that provide disabled people with conditions for overcoming, replacing (compensating) the disabilities and aimed at creating opportunities for them to participate in society on an equal basis with other citizens.
(as amended by Federal Law of August 22, 2004 N 122-FZ)
Social support for people with disabilities is a system of measures that provides social guarantees for people with disabilities, established by laws and other regulatory legal acts, with the exception of pensions.
(part two was introduced by the Federal Law of August 22, 2004 N 122-FZ)
Article 3. Legislation of the Russian Federation on social protection of disabled people
The legislation of the Russian Federation on the social protection of disabled people consists of the relevant provisions of the Constitution of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, 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 4. Competence of federal bodies of state power in the field of social protection of disabled people
The jurisdiction of federal government bodies in the field of social protection of disabled persons includes:
1) determination of state policy in relation to persons with disabilities;
2) the adoption of federal laws and other regulatory legal acts of the Russian Federation on the social protection of disabled people (including those regulating the procedure and conditions for providing disabled people with a single federal minimum of social protection measures); control over the implementation of the legislation of the Russian Federation on the social protection of disabled people;
3) the conclusion of international treaties (agreements) of the Russian Federation on the issues of social protection of disabled people;
4) the establishment of general principles for the organization and implementation of medical and social expertise and rehabilitation of disabled people;
5) determination of criteria, establishment of conditions for recognizing a person as a disabled person;
6) the establishment of standards for technical means of rehabilitation, communication and information technology, the establishment of norms and rules that ensure the accessibility of the living environment for people with disabilities; determination of the relevant certification requirements;
7) establishment of the procedure for accreditation of organizations, regardless of organizational and legal forms and forms of ownership, carrying out activities in the field of rehabilitation of disabled people;
8) the implementation of accreditation of enterprises, institutions and organizations under federal ownership, carrying out activities in the field of rehabilitation of disabled people;
(as amended by Federal Law of 10.01.2003 N 15-FZ)
9) development and implementation of federal targeted programs in the field of social protection of disabled people, control over their implementation;
10) approval and financing of the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person;
(Clause 10 as amended by Federal Law of August 22, 2004 N 122-FZ)
11) creation of federal institutions of medical and social expertise, control over their activities;
(Clause 11 as amended by Federal Law of August 22, 2004 N 122-FZ)
12) is no longer valid. - Federal Law of August 22, 2004 N 122-FZ;
13) coordination of scientific research, financing of research and development work on the problems of disability and disabled people;
14) development of methodological documents on social protection of disabled people;
15) is no longer valid. - Federal Law of August 22, 2004 N 122-FZ;
16) assistance in the work of all-Russian public associations of disabled people and rendering assistance to them;
17) - 18) are no longer valid. - Federal Law of August 22, 2004 N 122-FZ;
19) the formation of indicators of the federal budget for spending on social protection of disabled people;
20) the establishment of a unified system for registering disabled people in the Russian Federation, including disabled children, and the organization, on the basis of this system, of statistical monitoring of the socio-economic situation of disabled people and their demographic composition.
(Clause 20 was introduced by the Federal Law of 17.07.1999 N 172-FZ)
Article 5. Competence of state authorities of the constituent entities of the Russian Federation in the field of social protection and social support of disabled people
(as amended by Federal Law of August 22, 2004 N 122-FZ)
The jurisdiction of the state authorities of the constituent entities of the Russian Federation in the field of social protection and social support of disabled people includes:
(as amended by Federal Law of August 22, 2004 N 122-FZ)
1) implementation of the state policy in relation to persons with disabilities in the territories of the constituent entities of the Russian Federation;
2) is no longer valid. - Federal Law of August 22, 2004 N 122-FZ;
3) determination of priorities in the implementation of social policy in relation to persons with disabilities in the territories of the constituent entities of the Russian Federation, taking into account the level of socio-economic development of the territory of the constituent entity of the Russian Federation;
4) creation of enterprises, institutions and organizations of the State Service of the Rehabilitation Industry, control over their activities;
(as amended by Federal Law of August 22, 2004 N 122-FZ)
5) accreditation of enterprises, institutions and organizations owned by the constituent entities of the Russian Federation, carrying out activities in the field of rehabilitation of disabled people;
(as amended by Federal Law of 10.01.2003 N 15-FZ)
6) - 7) are no longer valid. - Federal Law of August 22, 2004 N 122-FZ;
8) creation and management of facilities in the field of social protection of disabled people under the jurisdiction of the constituent entities of the Russian Federation;
9) organization and coordination of training activities in the field of social protection of disabled people;
10) coordination and financing of scientific research, research and development work in the field of social protection of disabled people;
11) development, within its competence, of methodological documents on the issues of social protection of disabled people;
12) assistance in the work and assistance to public associations of disabled people in the territories of the constituent entities of the Russian Federation;
13) - 15)
Article 6. Responsibility for causing harm to health resulting in disability
For causing harm to the health of citizens, which led to disability, the persons guilty of this bear material, civil, administrative and criminal responsibility in accordance with the legislation of the Russian Federation.
Chapter II. Medical and social expertise
Article 7. The concept of medical and social expertise
Medical and social examination - determination, in accordance with the established procedure, of the needs of the examined person in measures of social protection, including rehabilitation, based on an assessment of the disabilities caused by persistent disorders of the body's functions.
Medical and social examination is carried out on the basis of a comprehensive assessment of the state of the body based on the analysis of clinical and functional, social, household, occupational, and psychological data of the examined person using classifications and criteria developed and approved in the manner determined by the Government of the Russian Federation.
Article 8. Federal institutions of medical and social expertise
(as amended by Federal Law of August 22, 2004 N 122-FZ)
Medical and social expertise is carried out by federal institutions of medical and social expertise, subordinate to an authorized body determined by the Government of the Russian Federation. The procedure for the organization and operation of federal institutions of medical and social expertise is determined by the Government of the Russian Federation.
Part two
Federal institutions of medical and social expertise are responsible for:
(as amended by Federal Laws of 23.10.2003 N 132-FZ, of 22.08.2004 N 122-FZ)
1) the establishment of disability, its causes, timing, time of the onset of disability, the needs of the disabled person in various types of social protection;
(as amended by Federal Law of August 22, 2004 N 122-FZ)
2) development of individual rehabilitation programs for disabled people;
3) study of the level and causes of disability of the population;
4) participation in the development of comprehensive programs for the rehabilitation of persons with disabilities, prevention of disability and social protection of persons with disabilities;
(Clause 4 as amended by Federal Law of 23.10.2003 N 132-FZ)
5) determination of the degree of loss of professional ability to work;
(as amended by Federal Law of August 22, 2004 N 122-FZ)
6) determination of the cause of death of a disabled person in cases where the legislation of the Russian Federation provides for the provision of measures of social support to the family of the deceased.
(as amended by Federal Law of August 22, 2004 N 122-FZ)
The decision of the institution of medical and social expertise is binding on the relevant state authorities, local authorities, as well as organizations, regardless of organizational and legal forms and forms of ownership.
(as amended by Federal Law of August 22, 2004 N 122-FZ)
Chapter III. Rehabilitation of the disabled
Article 9. The concept of rehabilitation of disabled persons
Rehabilitation of disabled people is a system and process of full or partial restoration of the abilities of disabled people to everyday, social and professional activities. Rehabilitation of people with disabilities is aimed at eliminating, or as fully as possible, compensating for disabilities caused by health disorders with persistent disorders of body functions, in order to socially adapt disabled people, achieve material independence and integrate them into society.
The main areas of rehabilitation for people with disabilities include:
- restorative medical measures, reconstructive surgery, prosthetics and orthotics, spa treatment;
- vocational guidance, training and education, assistance in employment, industrial adaptation;
- socio-environmental, socio-pedagogical, socio-psychological and socio-cultural rehabilitation, social adaptation;
- physical culture and recreational activities, sports.
The implementation of the main directions of rehabilitation of persons with disabilities provides for the use of technical means of rehabilitation by persons with disabilities, the creation of the necessary conditions for the unimpeded access of persons with disabilities to facilities of engineering, transport, social infrastructure and the use of means of transport, communication and information, as well as providing persons with disabilities and their family members with information on the rehabilitation of persons with disabilities.
(as amended by Federal Law of August 22, 2004 N 122-FZ)
Article 10. Federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person
(as amended by Federal Law of August 22, 2004 N 122-FZ)
The state guarantees persons with disabilities to carry out rehabilitation measures, to receive technical means and services provided for by the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person at the expense of the federal budget.
The federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person is approved by the Government of the Russian Federation.
Article 11. Individual rehabilitation program for a disabled person
An individual rehabilitation program for a disabled person is a complex of optimal rehabilitation measures for a disabled person, developed on the basis of a decision of an authorized body that manages federal institutions of medical and social expertise, which includes certain types, forms, volumes, terms and procedure for the implementation of medical, professional and other rehabilitation measures, aimed at restoring, compensating for the impaired or lost functions of the body, restoring, compensating for the abilities of a disabled person to perform certain types of activities.
(as amended by Federal Law of August 22, 2004 N 122-FZ)
An individual rehabilitation program for a disabled person is mandatory for implementation by the relevant state authorities, local authorities, as well as organizations, regardless of organizational and legal forms and forms of ownership.
An individual rehabilitation program for a disabled person contains both rehabilitation measures provided to a disabled person with exemption from fees in accordance with the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person, and rehabilitation measures, in which the disabled person himself or other persons or organizations, independently from organizational and legal forms and forms of ownership.
(as amended by Federal Law of August 22, 2004 N 122-FZ)
The volume of rehabilitation measures provided for by the individual rehabilitation program for a disabled person may not be less than the amount established by the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person.
(as amended by Federal Law of August 22, 2004 N 122-FZ)
An individual rehabilitation program is of a recommendatory nature for a disabled person, he or she has the right to refuse one or another type, form and volume of rehabilitation measures, as well as from the implementation of the program as a whole. A disabled person has the right to independently resolve the issue of providing himself with a specific technical means of rehabilitation or a type of rehabilitation, including wheelchairs, prosthetic and orthopedic products, printed publications with a special font, sound amplifying equipment, alarms, video materials with subtitles or sign language interpretation, and other similar means.
(as amended by Federal Laws of 23.10.2003 N 132-FZ, of 22.08.2004 N 122-FZ)
If the technical means of rehabilitation or the service provided for by the individual rehabilitation program cannot be provided to the disabled person, or if the disabled person has acquired the appropriate means or paid for the service at his own expense, then he is paid compensation in the amount of the cost of the technical means of rehabilitation, services that must be provided to the disabled person.
(as amended by Federal Laws of 23.10.2003 N 132-FZ, of 22.08.2004 N 122-FZ)
The refusal of a disabled person (or a person representing his interests) from an individual rehabilitation program as a whole or from the implementation of its individual parts frees the relevant state authorities, local self-government bodies, as well as organizations, regardless of organizational and legal forms and forms of ownership, from responsibility for its implementation and does not give a disabled person the right to receive compensation in the amount of the cost of rehabilitation measures provided free of charge.
Article 11.1. Technical means for the rehabilitation of disabled people
(as amended by Federal Law of August 22, 2004 N 122-FZ)
(introduced by the Federal Law of 23.10.2003 N 132-FZ)
The technical means for the rehabilitation of disabled people include devices containing technical solutions, including special ones, used to compensate or eliminate persistent restrictions on the life of a disabled person.
(as amended by Federal Law of August 22, 2004 N 122-FZ)
Technical means for the rehabilitation of disabled people are:
(as amended by Federal Law of August 22, 2004 N 122-FZ)
- the paragraph is no longer valid. - Federal Law of August 22, 2004 N 122-FZ;
- special means for self-service;
- special care products;
- special aids for orientation (including guide dogs with a set of equipment), communication and exchange of information;
- special means for teaching, education (including literature for the blind) and employment;
- prosthetic products (including prosthetic and orthopedic products, orthopedic shoes and special clothing, eye prostheses and hearing aids);
- special exercise and sports equipment, sports equipment.
The decision to provide disabled persons with technical means of rehabilitation is made when medical indications and contraindications are established.
(as amended by Federal Law of August 22, 2004 N 122-FZ)
Medical indications and contraindications are established on the basis of an assessment of persistent disorders of body functions caused by diseases, the consequences of injuries and defects.
For medical reasons, the need to provide a disabled person with technical means of rehabilitation is established, which provide compensation or elimination of persistent restrictions on the disabled person's life.
(as amended by Federal Law of August 22, 2004 N 122-FZ)
Parts six through seven are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.
Financing of expenditure obligations to provide disabled people with technical means of rehabilitation, including the manufacture and repair of prosthetic and orthopedic products, is carried out at the expense of the federal budget and the Social Insurance Fund of the Russian Federation.
Parts nine through eleven are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.
The technical means of rehabilitation provided for by individual rehabilitation programs for disabled people, provided to them at the expense of the federal budget and the Social Insurance Fund of the Russian Federation, are transferred to disabled people for free use.
(as amended by Federal Law of August 22, 2004 N 122-FZ)
Additional funds to finance the costs of the technical means of rehabilitation of disabled persons provided for by this Article may be obtained from other sources not prohibited by law.
(as amended by Federal Law of August 22, 2004 N 122-FZ)
Technical means of rehabilitation are provided to disabled people at their place of residence by authorized bodies in the manner determined by the Government of the Russian Federation, the Social Insurance Fund of the Russian Federation, as well as other interested organizations.
(Part fourteen as amended by Federal Law of August 22, 2004 N 122-FZ)
The list of technical means of rehabilitation and indications for providing disabled people with them, as well as the procedure for providing disabled people with technical means of rehabilitation are determined by the Government of the Russian Federation.
(as amended by Federal Law of August 22, 2004 N 122-FZ)
The amount and procedure for payment of annual monetary compensation to disabled persons for the costs of maintaining and veterinary services for guide dogs are determined by the Government of the Russian Federation.
(Part sixteen as amended by Federal Law of August 22, 2004 N 122-FZ)
Article 12.
Abolished. - Federal Law of August 22, 2004 N 122-FZ.
Chapter IV. Ensuring the life of the disabled
Article 13. Medical assistance to disabled people
The provision of qualified medical care to disabled people is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation within the framework of the program of state guarantees for the provision of free medical care to citizens of the Russian Federation.
(as amended by Federal Law of August 22, 2004 N 122-FZ)
Parts two - three are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.
Article 14 entered into force on January 1, 1998 (Decree of the Government of the Russian Federation of December 7, 1996 N 1449).
Article 14. Ensuring unimpeded access to information for persons with disabilities
The state guarantees the disabled person the right to receive the necessary information. Ensuring the release of literature for the visually impaired is an expenditure obligation of the Russian Federation. The acquisition of periodical, scientific, educational, methodological, reference and informational and fictional literature for the disabled, including those published on tape cassettes and in braille, for educational institutions and libraries under the jurisdiction of the constituent entities of the Russian Federation and municipal educational institutions is an expenditure obligation of the constituent entities of the Russian Federation, for municipal libraries - an expenditure obligation of a local government. The acquisition of the literature specified in this part for federal educational institutions and libraries is an expenditure obligation of the Russian Federation.
(Part one as amended by Federal Law of August 22, 2004 N 122-FZ)
Sign language is recognized as a medium of interpersonal communication. A system of subtitling or sign language translation of television programs, films and video films is being introduced.
Authorized bodies provide assistance to disabled people in obtaining sign language interpretation services, providing sign language equipment, and providing typhlo means.
(as amended by Federal Law of August 22, 2004 N 122-FZ)
Article 15. Ensuring unimpeded access for disabled people to social infrastructure facilities
The Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, local self-government bodies and organizations, regardless of organizational and legal forms, create conditions for disabled people (including disabled people using wheelchairs and guide dogs) for unhindered access to social infrastructure (residential, public and industrial buildings, structures and structures, sports facilities, recreational facilities, cultural and entertainment and other institutions), as well as for the unhindered use of rail, air, water, intercity road transport and all types of urban and suburban passenger transport, communications and information (including means providing duplication of sound signals of light signals of traffic lights and devices that regulate the movement of pedestrians through transport communications).
(Part one as amended by Federal Law of 08.08.2001 N 123-FZ)
Planning and development of cities and other settlements, the formation of residential and recreational zones, the development of design solutions for new construction and reconstruction of buildings, structures and their complexes, as well as the development and production of public transport vehicles, communications and information without adapting these facilities for access disabled persons and their use by disabled persons are not allowed.
State and municipal expenditures for the development and production of vehicles, taking into account the needs of persons with disabilities, adaptation of vehicles, means of communication and information for unimpeded access to them by persons with disabilities and their use by persons with disabilities, creating conditions for persons with disabilities for unhindered access to engineering, transport and social infrastructure facilities are carried out in the limits of appropriations annually provided for these purposes in the budgets of all levels. The costs of carrying out these activities, which are not related to state and municipal costs, are carried out at the expense of other sources not prohibited by the legislation of the Russian Federation.
(Part three as amended by Federal Law of 08.08.2001 N 123-FZ)
Part four is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.
In cases where existing facilities cannot be fully adapted to the needs of persons with disabilities, the owners of these facilities should, in agreement with public associations of persons with disabilities, take measures to ensure that the minimum needs of persons with disabilities are met.
Enterprises, institutions and organizations that provide transport services to the population provide equipment with special devices for railway stations, airports and other facilities, allowing people with disabilities to use their services without hindrance. The organizations of the machine-building complex engaged in the production of vehicles, as well as organizations, regardless of organizational and legal forms, providing transport services to the population, provide the equipment of these facilities with special devices and devices in order to create conditions for disabled people for the unhindered use of these vehicles.
Places for the construction of a garage or parking for technical and other means of transportation are provided to disabled people out of turn near the place of residence, taking into account urban planning standards.
Part eight is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.
At each parking (stop) of vehicles, including those near trade enterprises, service industries, medical, sports and cultural and entertainment institutions, at least 10 percent of places (but not less than one place) are allocated for parking special vehicles of disabled persons who are not must be occupied by other vehicles. People with disabilities use parking spaces for special vehicles free of charge.
Article 16. Responsibility for avoiding the fulfillment of requirements for creating conditions for disabled people for unimpeded access to engineering, transport and social infrastructure
(as amended by Federal Law of 08.08.2001 N 123-FZ)
Legal entities and officials for evading the fulfillment of the requirements stipulated by this Federal Law, other federal laws and other regulatory legal acts for creating conditions for disabled people for unimpeded access to engineering, transport and social infrastructure facilities, as well as for the unhindered use of railway, air, water, intercity by road and by all types of urban and suburban passenger transport, by means of communication and information bear administrative responsibility in accordance with the legislation of the Russian Federation.
The funds received from the collection of administrative fines for evading the fulfillment of the requirements for creating conditions for disabled people for unimpeded access to these facilities and funds are credited to the federal budget.
(as amended by Federal Law of August 22, 2004 N 122-FZ)
Article 17. Provision of disabled persons with living space
(as amended by Federal Law of December 29, 2004 N 199-FZ)
People with disabilities and families with disabled children who need to improve their living conditions are registered and provided with living quarters in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
Provision at the expense of the federal budget with housing for disabled people and families with disabled children who need to improve their living conditions, registered before January 1, 2005, shall be carried out in accordance with the provisions of Article 28.2 of this Federal Law.
Disabled people and families with disabled children who need to improve their living conditions, registered after January 1, 2005, are provided with housing in accordance with the housing legislation of the Russian Federation.
The determination of the procedure for the provision of residential premises (under a social rental agreement or in ownership) to citizens in need of improved housing conditions registered before January 1, 2005 is established by the legislation of the constituent entities of the Russian Federation.
Living quarters are provided to disabled people, families with disabled children, taking into account the state of health and other circumstances worthy of attention.
Disabled persons may be provided with living quarters under a social rental agreement with a total area exceeding the provision rate for one person (but not more than twice), provided that they suffer from severe forms of chronic diseases provided for by the list established by the Government of the Russian Federation.
The payment for a dwelling (payment for social rent, as well as for the maintenance and repair of a dwelling), provided to a disabled person under a social hiring agreement in excess of the norm for the provision of living space, is determined based on the occupied total area of a dwelling in a single amount, taking into account the benefits provided.
Living quarters occupied by disabled people are equipped with special means and devices in accordance with the individual rehabilitation program for the disabled person.
People with disabilities living in stationary social service institutions and wishing to receive housing under a social tenancy agreement are subject to registration to improve their living conditions, regardless of the size of the occupied area, and are provided with living quarters on an equal basis with other disabled people.
Children with disabilities living in inpatient social service institutions, who are orphans or left without parental care, upon reaching the age of 18 years, are subject to provision of living quarters out of turn, if the individual rehabilitation program for a disabled person provides for the opportunity to carry out self-service and lead an independent lifestyle.
The dwelling in the houses of the state or municipal housing stock, occupied by a disabled person under a social tenancy agreement, when the disabled person is placed in a stationary social service institution, shall be retained for him for six months.
Specially equipped living quarters in houses of state or municipal housing stock, occupied by disabled people under a social rental agreement, when they are vacated, are occupied primarily by other disabled people who need to improve their living conditions.
Disabled people and families with disabled children are provided with a discount of at least 50 percent on payment for housing (in houses of state or municipal housing stock) and payment of utilities (regardless of the ownership of the housing stock), and in residential buildings that do not have central heating, - for the cost of fuel purchased within the limits established for sale to the population.
Disabled people and families with disabled people are given the right to priority receipt of land plots for individual housing construction, maintenance and suburban farming and gardening.
Article 18. Education and training of disabled children
Part one is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.
Educational institutions, together with social protection authorities and health authorities, provide preschool, out-of-school education and education for children with disabilities, receive secondary general education, secondary vocational and higher vocational education for disabled people in accordance with the individual rehabilitation program for a disabled person.
Disabled children of preschool age are provided with the necessary rehabilitation measures and conditions are created for staying in preschool institutions of a general type. For children with disabilities, whose state of health excludes the possibility of their stay in preschool institutions of a general type, special preschool institutions are created.
If it is impossible to educate and educate children with disabilities in general or special preschool and general educational institutions, educational authorities and educational institutions shall provide, with the consent of the parents, teaching children with disabilities according to a full general educational or individual program at home.
The procedure for raising and educating disabled children at home, as well as the amount of compensation for parents' expenses for these purposes, are determined by laws and other regulations of the constituent entities of the Russian Federation and are expenditure obligations of the budgets of the constituent entities of the Russian Federation.
(Part five as amended by Federal Law of August 22, 2004 N 122-FZ)
The upbringing and education of disabled children in preschool and general education institutions are expenditure obligations of the constituent entity of the Russian Federation.
(Part six as amended by Federal Law of August 22, 2004 N 122-FZ)
Article 19. Education of disabled people
The state guarantees disabled persons the necessary conditions for education and vocational training.
General education of disabled people is carried out with exemption from payment both in general educational institutions equipped, if necessary, with special technical means, and in special educational institutions and is regulated by the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation.
(as amended by Federal Law of August 22, 2004 N 122-FZ)
The state ensures that disabled persons receive basic general, secondary (complete) general education, primary vocational, secondary vocational and higher vocational education in accordance with the individual rehabilitation program for a disabled person.
Professional education of disabled people in educational institutions of various types and levels is carried out in accordance with the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation.
For persons with disabilities who need special conditions for obtaining vocational education, special vocational educational institutions of various types and types or appropriate conditions are created in vocational educational institutions of a general type.
Professional training and vocational education of disabled people in special professional educational institutions for disabled people are carried out in accordance with state educational standards on the basis of educational programs adapted for teaching disabled people.
The organization of the educational process in special professional educational institutions for disabled people is regulated by regulatory legal acts, organizational and methodological materials of the relevant federal executive bodies.
(as amended by Federal Law of August 22, 2004 N 122-FZ)
Providing disabled people with exemption from payment or on preferential terms with special teaching aids and literature, as well as the ability to use the services of sign language interpreters is an expenditure obligation of the constituent entity of the Russian Federation (with the exception of students studying at federal state educational institutions). For disabled people studying in federal state educational institutions, the provision of these activities is an expenditure obligation of the Russian Federation.
(Part eight as amended by Federal Law of August 22, 2004 N 122-FZ)
Article 20. Provision of employment for disabled persons
Persons with disabilities are provided with guarantees of employment by federal government bodies, government bodies of the constituent entities of the Russian Federation through the following special measures to enhance their competitiveness in the labor market:
1) is no longer valid. - Federal Law of August 22, 2004 N 122-FZ;
2) the establishment in organizations, regardless of organizational and legal forms and forms of ownership, of a quota for the employment of persons with disabilities and a minimum number of special jobs for persons with disabilities;
3) reservation of jobs in professions most suitable for the employment of disabled people;
4) stimulating the creation by enterprises, institutions, organizations of additional jobs (including special ones) for the employment of persons with disabilities;
5) creation of working conditions for disabled people in accordance with individual rehabilitation programs for disabled people;
6) creation of conditions for entrepreneurial activity of disabled people;
7) organization of training for disabled people in new professions.
Article 21. Establishment of a Quota for Employment of Persons with Disabilities
(as amended by Federal Law of December 29, 2001 N 188-FZ)
For organizations with more than 100 employees, the legislation of the constituent entity of the Russian Federation establishes a quota for hiring disabled people as a percentage of the average number of employees (but not less than 2 and not more than 4 percent).
(Part one as amended by Federal Law of August 22, 2004 N 122-FZ)
Public associations of disabled people and organizations formed by them, including business partnerships and societies, the authorized (share) capital of which consists of the contribution of a public association of disabled people, are exempt from the mandatory quota of jobs for disabled people.
Article 22. Special jobs for the employment of disabled persons
Special jobs for the employment of people with disabilities - jobs that require additional measures for the organization of work, including the adaptation of basic and auxiliary equipment, technical and organizational equipment, additional equipment and technical devices, taking into account the individual capabilities of disabled people.
The minimum number of special jobs for the employment of persons with disabilities is established by the executive authorities of the constituent entities of the Russian Federation for each enterprise, institution, organization within the established quota for the employment of persons with disabilities.
Parts three through four are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.
Article 23. Working conditions of disabled persons
People with disabilities employed in organizations, regardless of their organizational and legal forms and forms of ownership, are provided with the necessary working conditions in accordance with the individual rehabilitation program for a disabled person.
It is not allowed to establish in collective or individual labor contracts working conditions for disabled people (wages, working hours and rest hours, duration of annual and additional paid vacations, etc.) that worsen the situation of disabled people in comparison with other employees.
For disabled people of I and II groups, a reduced working time is established no more than 35 hours per week, while maintaining full remuneration.
Involvement of disabled persons in overtime work, work on weekends and at night is allowed only with their consent and provided that such work is not prohibited for them for health reasons.
People with disabilities are provided with annual leave of at least 30 calendar days.
(as amended by Federal Law of 09.06.2001 N 74-FZ)
Article 24. Rights, obligations and responsibilities of employers in ensuring employment of disabled persons
Employers have the right to request and receive information necessary when creating special jobs for the employment of people with disabilities.
(as amended by Federal Law of 23.10.2003 N 132-FZ)
Employers, in accordance with the established quota for hiring people with disabilities, are obliged to:
(as amended by Federal Law of 23.10.2003 N 132-FZ)
1) create or allocate jobs for the employment of persons with disabilities;
2) create working conditions for disabled people in accordance with an individual disabled person's rehabilitation program;
3) provide, in accordance with the established procedure, the information necessary for the organization of employment of disabled persons.
3. Abolished. - Federal Law of 30.12.2001 N 196-FZ.
Articles 25 - 26.
Abolished. - Federal Law of August 22, 2004 N 122-FZ.
Article 27. Material support of disabled people
Material support for disabled people includes cash payments on various grounds (pensions, benefits, insurance payments for insurance of the risk of health damage, payments for compensation for harm caused to health, and other payments), compensation in cases established by the legislation of the Russian Federation.
Part two is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.
Article 28. Social and domestic services for disabled people
ConsultantPlus: note.
On the issue of social services for the elderly and disabled, see Federal Law of 02.08.1995 N 122-FZ.
Social and domestic services for disabled people are carried out in the manner and on the grounds determined by the state authorities of the constituent entities of the Russian Federation with the participation of public associations of disabled people.
(as amended by Federal Law of August 22, 2004 N 122-FZ)
The executive authorities of the constituent entities of the Russian Federation create special services for social services for the disabled, including the delivery of food and industrial goods to disabled people, and approve a list of diseases of disabled people, in which they have the right to preferential services.
(as amended by Federal Law of August 22, 2004 N 122-FZ)
Disabled people in need of outside care and assistance are provided with medical and household services at home or in inpatient facilities. The conditions for the stay of disabled people in a stationary social service institution must ensure the possibility for disabled people to exercise their rights and legitimate interests in accordance with this Federal Law and contribute to the satisfaction of their needs.
Part four is excluded. - Federal Law of 23.10.2003 N 132-FZ.
Disabled persons are provided with the necessary means of telecommunication services, special telephones (including for subscribers with hearing impairments), call centers for collective use.
Part five is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.
Disabled persons are provided with household appliances, typhlo-, deaf- and other means necessary for them for social adaptation.
(as amended by Federal Law of 23.10.2003 N 132-FZ)
Maintenance and repair of technical means for the rehabilitation of disabled people are carried out out of turn with exemption from payment or on preferential terms.
(as amended by Federal Laws of 23.10.2003 N 132-FZ, of 22.08.2004 N 122-FZ)
The procedure for the provision of services for the maintenance and repair of technical means for the rehabilitation of disabled persons is determined by the Government of the Russian Federation.
(part eight was introduced by the Federal Law of 23.10.2003 N 132-FZ, as revised by the Federal Law of 22.08.2004 N 122-FZ)
Clause 7 of Article 154 of the Federal Law of August 22, 2004 N 122-FZ established that, until the entry into force of the corresponding federal law, the amount of the monthly cash payment is not taken into account when calculating the size of the total income of a family (a single citizen) to assess their need for determining the right to receiving subsidies for housing and utilities.
When establishing monthly cash payments to persons with limited ability to work III, II and I degrees, they are applied without additional re-certification, respectively, of I, II and III disability groups established before January 1, 2005 (clause 6 of Article 154 of the Federal Law of 22.08. 2004 N 122-FZ).
Article 28.1. Monthly cash payment to people with disabilities
(introduced by the Federal Law of 22.08.2004 N 122-FZ (revised on 29.12.2004))
1. People with disabilities and disabled children have the right to a monthly cash payment in the amount and in the manner prescribed by this article.
From January 1 to December 31, 2005, monthly cash payments are paid in the amounts established by paragraph 5 of Article 154 of the Federal Law of August 22, 2004 N 122-FZ.
Clause 2 of Article 28.1 shall enter into force on January 1, 2006 (Clause 4 of Article 155 of the Federal Law of August 22, 2004 N 122-FZ).
The amount of the monthly cash payment from January 1, 2006 is calculated and paid taking into account the indexation (change) of the monthly cash payment amount and the cost of a set of social services carried out for the period from January 1, 2005 in accordance with the legislation of the Russian Federation (clause 5 of Article 154 of the Federal Law of 22.08.2004 N 122-FZ).
2. The monthly cash payment is set in the amount of:
- disabled persons with III degree of limitation of the ability to work - 1,400 rubles;
- disabled people with II degree of restriction of the ability to work, disabled children - 1,000 rubles;
- people with disabilities who have degree I limitation of the ability to work - 800 rubles;
- disabled people who do not have a degree of restriction of their ability to work, with the exception of disabled children - 500 rubles.
3. If a citizen simultaneously has the right to a monthly cash payment under this Federal Law and under another federal law or other regulatory legal act, regardless of the basis on which it is established (except for cases of establishing a monthly cash payment in accordance with the Law of the Russian Federation "On social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant "(as amended by the Law of the Russian Federation of June 18, 1992 N 3061-1), Federal Law of January 10, 2002 N 2-FZ" On social guarantees to citizens exposed to radiation due to nuclear tests at the Semipalatinsk test site "), he is provided with one monthly cash payment either under this Federal Law, or under another federal law or other regulatory legal act at the choice of the citizen.
Indexation of the monthly cash payment in 2005 is carried out no earlier than July 1, 2005, taking into account the coefficient by which the size of the base part of the labor pension was indexed for the period from January 1, 2005 to June 30, 2005 (Clause 5 of Article 154 of the Federal Law of August 22, 2004 N 122-FZ).
4. The size of the monthly cash payment is subject to indexation in the manner and within the timeframes determined by the Federal Law of December 17, 2001 N 173-FZ "On labor pensions in the Russian Federation" to index the size of the basic part of the labor pension.
5. The monthly cash payment is established and paid by the territorial body of the Pension Fund of the Russian Federation.
6. Monthly payments are made in accordance with the procedure determined by the federal executive body responsible for the development of state policy and legal regulation in the field of health care and social development.
7. Part of the monthly cash payment may be used to finance the provision of social services to a disabled person in accordance with Federal Law No. 178-FZ of July 17, 1999 "On State Social Assistance".
Article 28.2. Provision of measures of social support for disabled people to pay for housing and utilities, as well as to provide housing for disabled people and families with disabled children
(introduced by the Federal Law of December 29, 2004 N 199-FZ)
The Russian Federation delegates to the state authorities of the constituent entities of the Russian Federation the authority to provide measures of social support for disabled people to pay for housing and utilities and to provide housing for disabled people and families with disabled children who need to improve their living conditions, registered before January 1, 2005 ...
Funds for the implementation of the transferred powers to provide these measures of social support are provided as part of the Federal Compensation Fund, formed in the federal budget, in the form of subventions.
The amount of funds provided for in the Federal Fund for Compensation to the Budgets of the Subjects of the Russian Federation is determined by:
- on payment of housing and communal services based on the number of persons entitled to these measures of social support; approved by the Government of the Russian Federation, the federal standard for the marginal cost of the provided housing and communal services per 1 square meter of the total area of housing per month and the federal standard for the social norm of the area of housing used to calculate interbudgetary transfers;
- to provide housing for disabled people and families with disabled children, based on the number of persons entitled to these social support measures; the total area of housing is 18 square meters and the average market value of 1 square meter of the total area of housing in the constituent entity of the Russian Federation, established by the federal executive body authorized by the Government of the Russian Federation.
Subventions are credited in accordance with the procedure established for the execution of the federal budget to the accounts of the budgets of the constituent entities of the Russian Federation.
The procedure for spending and accounting for funds for the provision of subventions is established by the Government of the Russian Federation.
The form of providing these social support measures is determined by the regulatory legal acts of the constituent entity of the Russian Federation.
State authorities of the constituent entities of the Russian Federation quarterly submit to the federal executive body that develops a unified state financial, credit, monetary policy, a report on the expenditure of the provided subventions indicating the number of persons entitled to these social support measures, categories of recipients of social support measures, and to the federal executive body that develops a unified state policy in the field of health care, social development, labor and consumer protection - a list of persons who have been provided with social support measures, indicating the categories of recipients, the grounds for obtaining social support measures, the size of the occupied area and the cost provided or purchased housing. If necessary, additional reporting data shall be submitted in the manner determined by the Government of the Russian Federation.
Funds for the implementation of these powers are targeted and cannot be used for other purposes.
In the event that funds are not used for their intended purpose, the authorized federal executive body has the right to collect these funds in the manner prescribed by the legislation of the Russian Federation.
Control over the spending of funds is carried out by the federal executive body in charge of control and supervision in the financial and budgetary sphere, by the federal executive body in charge of control and supervision in the field of health care and social development, and by the Accounts Chamber of the Russian Federation.
Articles 29-30.
Abolished. - Federal Law of August 22, 2004 N 122-FZ.
Article 31. Procedure for maintaining social protection measures established for disabled persons
(as amended by Federal Law of August 22, 2004 N 122-FZ)
Parts one - two are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.
In cases where other legal acts for persons with disabilities provide for norms that increase the level of social protection of persons with disabilities in comparison with this Federal Law, the provisions of these legal acts shall apply. If a disabled person has the right to the same measure of social protection under this Federal Law and at the same time under another legal act, the measure of social protection is provided either under this Federal Law or under another legal act (regardless of the basis for establishing a social protection measure).
(as amended by Federal Law of August 22, 2004 N 122-FZ)
Article 32. Responsibility for violation of the rights of persons with disabilities. Dispute resolution
Citizens and officials guilty of violating the rights and freedoms of persons with disabilities are liable in accordance with the legislation of the Russian Federation.
Disputes regarding the establishment of disability, the implementation of individual rehabilitation programs for persons with disabilities, the provision of specific measures of social protection, as well as disputes concerning other rights and freedoms of persons with disabilities, are considered in court.
Chapter V. Public associations of disabled people
Article 33. The right of persons with disabilities to form public associations
Public associations created and operating in order to protect the rights and legitimate interests of disabled people, to provide them with equal opportunities with other citizens, are a form of social protection for disabled people. The state provides these public associations with assistance and assistance, including material, technical and financial.
(as amended by Federal Law of 04.01.1999 N 5-FZ)
Public organizations of people with disabilities are organizations created by people with disabilities and persons representing their interests in order to protect the rights and legitimate interests of people with disabilities, provide them with equal opportunities with other citizens, solve the problems of social integration of people with disabilities, among whose members there are people with disabilities and their legal representatives (one of the parents , adoptive parents, guardian or trustee) make up at least 80 percent, as well as unions (associations) of these organizations.
(part two was introduced by the Federal Law of 04.01.1999 N 5-FZ)
Federal executive bodies, executive bodies of the constituent entities of the Russian Federation, organizations, regardless of organizational and legal forms and forms of ownership, involve authorized representatives of public associations of disabled people to prepare and make decisions affecting the interests of disabled people. Decisions made in violation of this provision may be invalidated in court.
Public associations of disabled people may own enterprises, institutions, organizations, business partnerships and societies, buildings, structures, equipment, transport, housing stock, intellectual values, cash, shares, shares and securities, as well as any other property and land. in accordance with the legislation of the Russian Federation.
Article 34.
Abolished. - Federal Law of August 22, 2004 N 122-FZ.
Chapter VI. Final provisions
Article 35. Entry into force of this Federal Law
This Federal Law shall enter into force on the day of its official publication, with the exception of articles for which other terms of entry into force are established.
Articles 21, 22, 23 (except for part one), 24 (except for clause 2 of part two) of this Federal Law shall enter into force on July 1, 1995; Articles 11 and 17, part two of Article 18, part three of Article 19, paragraph 5 of Article 20, part one of Article 23, paragraph 2 of part two of Article 24, part two of Article 25 of this Federal Law shall enter into force on January 1, 1996; Articles 28, 29, 30 of this Federal Law shall enter into force on January 1, 1997 in terms of the expansion of the benefits currently in force.
Articles 14, 15, 16 of this Federal Law shall enter into force during 1995-1999. The specific dates for the entry into force of these articles are determined by the Government of the Russian Federation.
Article 36. Effect of laws and other normative legal acts
The President of the Russian Federation and the Government of the Russian Federation shall bring their normative legal acts in line with this Federal Law.
Until the laws and other regulatory legal acts in force on the territory of the Russian Federation are brought into line with this Federal Law, laws and other regulatory legal acts shall be applied to the extent that they do not contradict this Federal Law.
1) conditions for unimpeded access to social, engineering and transport infrastructures (residential, public and industrial buildings, structures and facilities, including those in which physical culture and sports organizations, cultural organizations and other organizations are located), to places of recreation and to the provided services in them;
Judicial practice under article 15 of the Federal Law of November 24, 1995 No. 181-ФЗ
- 15 of the Federal Law of November 24, 1995 No. 181-FZ "On social protection of disabled people in the Russian Federation", the Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, local government bodies ...
Resolution No. 4A-260/2019 of September 27, 2019 in case No. 4A-260/2019
Tambov Regional Court (Tambov Region) - Administrative offenses
Road sign 8.17 in black - in front and behind of motor vehicles driven by disabled people of I and II groups, transporting such disabled people or disabled children). Article 15 of the Federal Law No. 181-FZ "On Social Protection of Disabled Persons in the Russian Federation" provides that at each parking (stop) of vehicles, including near trade enterprises, services, ...
Resolution No. 4A-992/2019 of September 23, 2019 in case No. 4A-992/2019
Residential, public and industrial buildings, buildings and structures, sports facilities, recreational facilities, cultural and entertainment and other institutions). In accordance with paragraph 9 of clause 8 of Article 15 of the Federal Law of 24.11.1995. No. 181-FZ at each parking (stop) of vehicles, including near social, engineering and transport infrastructure facilities (residential, public and ...
Resolution No. 4A-978/2019 of September 9, 2019 in case No. 4A-978/2019
Samara Regional Court (Samara Region) - Administrative offenses
2019, from which it follows that car No., state registration number No. was detained and moved to a specialized parking lot located at the address: Samara, Volzhsky prospect, 15 using video recording (ld 14); video from 04/11/2019 reviewed by previous courts when considering an administrative offense case, from the content of which it follows that the car ...
Decision No. 07-1283 / 2019 of September 4, 2019 in case No. 07-1283 / 2019
Volgograd Regional Court (Volgograd Region) - Administrative offenses
Traffic lights, signs and markings, as well as to comply with the orders of the traffic regulators, acting within the rights granted to them and regulating traffic with established signals. In accordance with article 15 of the Federal Law of November 24, 1995 No. 181-FZ (as amended on July 29, 2018) "On social protection of disabled people in the Russian Federation" (as amended and supplemented, entered into ...
Decision No. 21-1058 / 2019 7-1842 / 2019 / 21-1058 / 2019 of September 2, 2019 in case No. 21-1058 / 2019
Perm Regional Court (Perm Territory) - Administrative offenses
19 of the Code of Administrative Offenses of the Russian Federation establishes administrative responsibility for violation of the rules for stopping or parking vehicles in places designated for stopping or parking vehicles of disabled people. Article 15 of the Federal Law No. 181-FZ "On Social Protection of Disabled Persons in the Russian Federation" stipulates that at each parking (stop) of vehicles, including near trade enterprises, services, ...
Resolution No. 4A-579/2019 of August 29, 2019 in case No. 4A-579/2019
Novosibirsk Regional Court (Novosibirsk Region) - Administrative offenses
Having checked the materials of the case within the limits of the arguments of the complaint, in accordance with Part 1 of Art. 30.16 of the Administrative Code of the Russian Federation, I do not find grounds for canceling the contested acts. Article 15 of Federal Law No. 181-FZ "On Social Protection of Disabled Persons in the Russian Federation" provides that at each parking lot (stop) of vehicles, including near social, engineering and ...
Decision No. 2-5052 / 2019 2-5052 / 2019 ~ M-3856/2019 M-3856/2019 dated August 29, 2019 in case No. 2-5052 / 2019
Yuzhno-Sakhalin City Court (Sakhalin Region) - Civil and Administrative
Providing conditions for disabled people to overcome, replace (compensate) the disabilities and aimed at creating opportunities for them to participate in society on an equal basis with other citizens. According to Art. 15 of the Federal Law "On the Social Protection of Disabled Persons in the Russian Federation", Federal government bodies, government bodies of the constituent entities of the Russian Federation, local government bodies (in the sphere of established powers), organizations regardless of ...
Resolution No. 4A-460/2019 of August 28, 2019 in case No. 4A-460/2019
Arkhangelsk Regional Court (Arkhangelsk Region) - Administrative offenses
To the Rules of the Road indicates that the effect of sign 6.4 applies only to motorized carriages and cars on which the identification sign "Disabled" is installed. Article 15 of the Federal Law of November 24, 1995 N 181-FZ "On social protection of disabled people in the Russian Federation" provides that at every parking (stop) of vehicles, including ...
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