Federal Law of 24.11.1995 N 181-FZ
"On social protection of disabled people in the Russian Federation"
In the current last edition of 30.10.2017 N 307-FZ
Revision # 45
Commencement of the revision: 10.11.2017
Expiration date: 31.12.2017
23 A4 pages
This Federal Law"On social protection of disabled people in the Russian Federation" 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 in accordance with generally recognized principles and norms of international law and international treaties of the Russian Federation. The measures of social protection of persons with disabilities provided for by this Federal Law are expenditure obligations of the Russian Federation, with the exception of measures of social support and social services related to the powers of the state authorities of the constituent entities of the Russian Federation in accordance with the legislation of the Russian Federation.
Disabled person - a person who has a health disorder with persistent a disorder of the body's functions caused by diseases, the consequences of trauma or defects, leading to the limitation of life and necessitating its 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 body functions and limitation of vital functions to persons recognized as disabled are assigned a disability group, and persons under the age of 18 are assigned the category "disabled child".
A person is recognized as a disabled person 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.
- Chapter I. General Provisions
- Chapter II. Medical and social expertise
- Chapter III. Rehabilitation of the disabled
- Chapter IV. Ensuring the life of the disabled
- Chapter V. Public associations of disabled people
- Chapter VI. Final provisions
Article-by-article content:
- Article 1. The concept of "disabled person", the basis for determining the group of disability
- Article 2. The concept of social protection of disabled people
- Article 3. Legislation of the Russian Federation on social protection of disabled people
- Article 3.1. Inadmissibility of discrimination on the basis of disability
- Article 4. Competence of federal bodies of state power in the field of social protection of disabled people
- Article 5. Participation of state authorities of the constituent entities of the Russian Federation in providing social protection and social support for disabled people
- Article 5.1. Federal Register of Persons with Disabilities
- Article 6. Responsibility for causing harm to health resulting in disability
- Article 7. The concept of medical and social expertise
- Article 8. Federal institutions of medical and social expertise
- Article 9. The concept of rehabilitation and habilitation of disabled people
- Article 10. Federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person
- Article 11. Individual program of rehabilitation or habilitation of a disabled person
- Article 11.1. Technical means for the rehabilitation of disabled people
- Article 12. Abolished
- Article 13. Medical assistance to disabled people
- Article 14. Ensuring unimpeded access to information for persons with disabilities
- Article 14.1. Participation of the visually impaired in the implementation of operations using facsimile reproduction of a handwritten signature
- Article 15. Ensuring unimpeded access for disabled people to social, engineering and transport infrastructure
- Article 16. Responsibility for avoiding the fulfillment of requirements for the creation of conditions for unimpeded access of persons with disabilities to social, engineering and transport infrastructures
- Article 17. Provision of disabled people with housing
- Article 18. Abolished
- Article 19. Education of disabled people
- Article 20. Provision of employment for disabled persons
- Article 21. Establishment of a quota for the employment of persons with disabilities
- Article 22. Special jobs for the employment of disabled persons
- Article 23. Working conditions of disabled persons
- Article 24. Rights, duties and responsibilities of employers in ensuring the employment of disabled persons
- Articles 25 - 26. Invalid
- Article 27. Material support of disabled people
- Article 28. Social and domestic services for disabled people
- Article 28.1. Monthly cash payment to people with disabilities
- 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
- Articles 29 - 30. Invalid
- Article 31. Procedure for maintaining social protection measures established for disabled persons
- Article 32. Responsibility for violation of the rights of persons with disabilities. Dispute resolution
- Article 33. The right of persons with disabilities to form public associations
- Article 34. Abolished
- Article 35. Entry into force of this Federal Law
- Article 36. Effect of laws and other normative legal acts
Social protection of disabled people- a system of state-guaranteed economic, legal and social support measures that provide people with disabilities with conditions for overcoming, replacing (compensating) the limitations of life and aimed at creating opportunities for them to participate in society on an equal basis with other citizens. 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.
For causing harm to the health of citizens resulting in disability, the persons guilty of this bear material, civil, administrative and criminal liability in accordance with the legislation of the Russian Federation.
Medical and Social Expertise (ITU)- 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. ITU 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 by the federal executive body authorized by the Government of the Russian Federation.
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 directions of rehabilitation 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 state guarantees the disabled carrying out rehabilitation measures, obtaining 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.
Individual rehabilitation program for a disabled person is binding on the relevant state authorities, local authorities, and organizations, regardless of organizational and legal forms and forms of ownership. The 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.
To technical means of rehabilitation of disabled people include devices containing technical solutions, including special ones, used to compensate or eliminate persistent disabilities of a disabled person.
The decision to provide disabled people with technical means of rehabilitation is taken when establishing medical indications and contraindications. 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. According to medical indications and contraindications, the need to provide a disabled person with technical means of rehabilitation is established, which provide compensation or elimination of persistent disabilities of the disabled person. 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.
Annual cash compensation for people with disabilities the cost of maintaining and veterinary services for guide dogs is set in the amount 17 420 rubles .
Providing qualified medical care disabled people are 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. The state guarantees the disabled person the right to receive the necessary information. Russian sign language is recognized as the language of communication in the presence of hearing and (or) speech impairments, including in the spheres of oral use of the state language of the Russian Federation. A system of subtitling or sign language translation of television programs, films and video films is being introduced.
When a credit institution carries out operations for the receipt, withdrawal, exchange, exchange of cash or when a legal entity other than a credit institution or an individual entrepreneur carries out operations for accepting, issuing cash, a visually impaired person has the right to use facsimile reproduction of his handwritten signature when participating in these operations, affixed by means of mechanical copying.
Planning and building of cities, 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 the adaptation of these facilities for access to them by disabled persons and their use disabled not allowed .
At each parking (stop) of vehicles, including 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 people, which should not be occupied by other vehicles. People with disabilities use parking spaces for special vehicles is free .
Disabled people and families with disabled children, compensation is provided for the cost of housing and utilities in the amount of 50 percent. The state supports the education of disabled people and guarantees the creation of the necessary conditions for disabled people to receive it. Persons with disabilities are provided with guarantees of employment. 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.
Monthly cash payment to people with disabilities established and paid by the territorial body of the Pension Fund of the Russian Federation. 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. The monthly cash payment to disabled people 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.
Citizens and officials guilty in violation of the rights and freedoms of persons with disabilities, are liable in accordance with the legislation of the Russian Federation.
Federal Law of December 29, 2006 N 255-FZ (as amended on December 29, 2015) "On compulsory social insurance in case of temporary disability and in connection with motherhood" maternity, determines the circle of persons subject to compulsory social insurance in case of temporary disability and in connection with maternity, and the types of compulsory insurance provided to them, establishes the rights and obligations of subjects of compulsory social insurance in case of temporary disability and in connection with maternity, and also determines the conditions , the size and procedure for the provision of benefits for temporary disability, for pregnancy and childbirth, monthly allowance for childcare of citizens subject to compulsory social insurance in case of temporary disability and in connection with motherhood
Federal law of 24.11.1995 n 181-fz (as amended on 29.12.2015) "on social protection of disabled people in the Russian Federation"
Federal Law of December 29, 2006 N 256-FZ (as amended on December 30, 2015) "On additional measures of state support for families with children" (as amended and supplemented, entered into force on 01.01.2016)
Law of the Russian Federation of 12.02.1993 N 4468-1 (as amended on 04.11.2014, as amended on 14.12.2015) "On pension provision for persons who have served in the military, service in the internal affairs bodies, the State Fire Service, the turnover of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families "(as amended and supplemented, entered into force on 01.01.2015)
24. The structure of social protection of the population at the federal and regional levels (on the example of the SD)
Various types of social protection institutions provide social services to the population: comprehensive social service centers; territorial centers of social assistance to families and children; social rehabilitation centers for minors; social shelters for children and adolescents; overnight houses; gerontological centers.
Federal level of the social protection system of the Russian Federation
President of UR - Government of UR - Ministry of Social Protection of UR - agencies, funds, etc.
25. Unprofessional nature of social work
Over the centuries, non-professional forms of social work have undergone changes - from specific types of assistance, support, protection within small communities (clan, tribe) to larger, civilized ones that have received recognition (charity, charity, etc.).
Charity is understood in two senses. In a narrow sense, as the provision by individuals or organizations of gratuitous assistance to people in need or social groups (strata) of the population, and in a broad sense - as a gratuitous activity to create and transfer financial, material and other values (goods) to meet the urgent needs of a person, a social group , stratum, communities caught in a difficult life situation.
The formation and development of professional social work (carried out systematically by people who have received special, secondary specialized or higher education) is currently also combined with non-professional social work carried out by individuals, certain organizations and institutions through the provision of one-time assistance, charity, etc. etc.
The severe crisis of Russian society in the 1990s. and the collapse of large industries prompted people to try to independently solve the extremely acute socio-economic problems of modern Russian life: according to a representative survey conducted among 3340 respondents by a research center (Great Britain) in 1998, 61% of Russian citizens relied only on themselves, 14% - for family, neighbors, friends, and only 12% - for the state. People began to unite, creating disabled, veteran, women, family, educational and anti-crisis centers to provide social services to their members. Thus, according to the Federal State Statistics Service, the number of public associations registered in the Russian Federation as of January 1, 2010 was 119,247 and non-profit organizations 79,988. Self-help groups are small, localized groups, whose members, having a common social, psychological, medical, environmental problems (needs), solve them together, help each other. These groups sometimes arise spontaneously, but more often they are organized by the most active of the future members (less often - a social worker). Each member of such a group simultaneously accepts help from other members and provides it himself, embodying the principle of mutual assistance. The purpose of working in a group is to mitigate the influence of negative phenomena, and not to completely overcome them (which is impossible), to support a person, and not to form a new lifestyle, to gradually teach positive life skills, and not to completely reject past norms of life.
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 disabled people.
Let's say 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 providing disabled people with benefits for housing
We have brought the regional legislation in line with the federal one. Taking into account the fact that all benefits for people with disabilities 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 the Federal Law dated December 29, 2015 No. 399-FZ:
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.
Modern Russian legislative acts in terms of caring for and helping people with disabilities in terms of content approach the laws and principles adopted throughout the world. And although people with disabilities, as well as their families, still encounter barriers in mutual understanding and communication with other people, there is much evidence that, in general, social attitudes towards people with disabilities are gradually changing: instead of inattention and rejection, recognition of their rights came. dignity and full participation in the life of society. Adopted in 1995. The State Duma of the law "On social protection of disabled people in the Russian Federation", the development of the draft law of the Russian Federation "On special education", the creation of rehabilitation centers - all this testifies to the changing social policy.
The main laws on people with disabilities in the Russian Federation are:
1. Federal law "On social protection of disabled people in the Russian Federation" (with the last amendment from 31.12.2005) from 24.11.1995. No. 181-FZ
2. Federal Law "On Amendments and Additions to Article 16 of the Law of the Russian Federation" On Education "" dated 20.07.2000. No. 102-FZ
3. Decree of the Government of the Russian Federation "On approval of the procedure for the upbringing and training of disabled children at home and in non-state educational institutions" No. 861 of 18.07.1996.
4. Decree of the Government of the Russian Federation "On the provision of free social services and paid social services by state social services" No. 739 of 24.06.1996.
5. Decree of the President of the Russian Federation "On measures for professional rehabilitation and employment of disabled people" No. 394 of 25.03.1993.
6. Federal Law "On the Basics of Social Services for the Population in the Russian Federation" No. 195-FZ dated 10.12.1995.
7. Decree of the Government of the Russian Federation "On ensuring the formation of an accessible living environment for the disabled" No. 927 dated 12.08.1994.
8. Decree of the President of the Russian Federation "On measures to ensure state support for disabled people" No. 1011 dated 1.06.1996. (as amended on 04/27/2000)
9. Decree of the President of the Russian Federation "On scientific and information support of the problems of disability and disabled people" No. 802 dated 27.07.1992.
10. Decree of the Ministry of Social Protection of the Population of the Russian Federation "On Pension Provision of Children in Full State Maintenance" No. 1-6-u of 23.06.1995.
11. Resolution of the Ministry of Labor of the Russian Federation "On Approval of the Model Regulations on the Individual Rehabilitation Program for a Disabled Person" No. 42 dated 14.12.1996.
12. Order of the Ministry of Education of the Russian Federation of 18.06.2001. No. 2417 “On the implementation of the decision of the board No. 10 dated 05.15.2001. "On the experience of Russian universities in ensuring the availability of higher professional education for people with disabilities" "
13. Letter from the Ministry of Education of the Russian Federation dated 25.03.1999. No. 27 / 502-6 "On the conditions for the admission and training of disabled people in institutions of higher professional education"
14. Clarification of the Ministry of Labor of the Russian Federation and the Social Insurance Fund of the Russian Federation dated 4.04.2000. No. 3 / 02-18 / 05-2256 "On the procedure for providing and paying additional days off per month to one of the working parents (guardian, trustee) to care for disabled children" (approved by the decree of the Ministry of Labor of the Russian Federation and the Social Fund insurance of the Russian Federation dated 4.04.2000 No. 26/34)
15. Resolution of the Ministry of Labor of the Russian Federation of 07/27/1999. No. 29 "On approval of Methodological recommendations for organizing the activities of social and health centers for elderly citizens and disabled people"
16. Resolution of the Ministry of Labor of the Russian Federation of October 29, 1998. No. 44 "On recommendations for the creation and organization of the activities of trustees (public) councils at institutions of social protection of the population"
17. Order of the Ministry of Health of the Russian Federation and the Ministry of Labor of the Russian Federation dated 02.25.1998. No. 50/18 "On approval of the form for sending children under the age of 16 for examination to institutions of medical and social expertise"
18. Resolution of the Ministry of Labor of the Russian Federation and the Ministry of Health of the Russian Federation of 01/29/1997. No. 1/30 "On the approval of the Classifications and time criteria used in the implementation of medical and social expertise"
19. Resolution-order of the Ministry of Labor of the Russian Federation, the Ministry of Health of the Russian Federation and the Ministry of Education of the Russian Federation of 23.12.1996. No. 21/417/515 "On Approval of the Model Regulations on a Rehabilitation Institution"
20. Order of the Ministry of Education of the Russian Federation and the Ministry of Healthcare of the Russian Federation of 18.07.1994. No. 268/146 "On exemption from the final certification of graduates of 9.11 (12) grades of educational institutions"
21. Resolution of the Ministry of Labor of the Russian Federation of 8.09.1993. No. 150 "On the list of priority professions of workers and employees, mastering which gives disabled people the greatest opportunity to be competitive in regional labor markets"
22. And other regulatory legal acts of the Russian Federation and the subjects of the Russian Federation.
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