Primorskaya. Federal Law Federal Law of August 2, 1995 122 Federal Law

ABOUT SOCIAL SERVICES FOR ELDERLY CITIZENS
AND DISABLED PERSONS

(as amended by Federal Laws
dated January 10, 2003 No. 15-FZ, dated August 22, 2004 No. 122-FZ)

(Extract)

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

Chapter II. Rights of elderly citizens and people with disabilities in the field of social services

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

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

Social services for elderly citizens and people with disabilities are carried out by decision of social protection authorities in institutions under their jurisdiction or under agreements concluded by social protection authorities with social service institutions of other forms of ownership.

Article 7. Rights of elderly citizens and disabled people when receiving social services

When receiving social services, elderly and disabled citizens have the right to:
- respectful and humane attitude on the part of employees of social service institutions;
- selection of an institution and form of social services in the manner established by the social protection bodies of the population of the constituent entities of the Russian Federation;
- information about your rights, obligations and conditions for the provision of social services;
- consent to social services;
- refusal of social services;
- confidentiality of personal information that becomes known to an employee of a social service institution during the provision of social services;
- protection of their rights and legitimate interests, including in court.

Article 8. The right of elderly citizens and people with disabilities to information in the field of social services

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

Information about social services is provided by social workers directly to elderly citizens and disabled people, and in relation to persons under 14 years of age and persons recognized as legally incompetent - to their legal representatives.

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

Article 9. Consent to social services

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

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

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

Placement of elderly citizens and people with disabilities in inpatient social service institutions without their consent or without the consent of their legal representatives is permitted on the grounds and in the manner provided for in Article 15 of this Federal Law, as well as the Law of the Russian Federation "On Psychiatric Care and Guarantees of Citizens' Rights in its Provision ".
Placement of elderly citizens and disabled people in special inpatient social service institutions is carried out under the conditions specified in Article 20 of this Federal Law.

Article 10. Refusal of social services

Elderly and disabled citizens, as well as their legal representatives, have the right to refuse social services, except for the cases provided for in Article 15 of this Federal Law.

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

Refusal of elderly citizens and disabled people from social services, which may lead to a deterioration in their health or a threat to their life, is formalized by a written statement from elderly citizens and disabled people or their legal representatives, confirming receipt of information about the consequences of refusal.

Article 11. Confidentiality of information

Personal information that becomes known to employees of a social service institution during the provision of social services constitutes a professional secret.
Employees of social service institutions who are guilty of disclosing professional secrets bear responsibility in the manner established by the legislation of the Russian Federation.

Article 12. Rights of elderly citizens and disabled people living in stationary social service institutions

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

1) providing them with living conditions that meet sanitary and hygienic requirements;
2) nursing, primary health care and dental care provided in an inpatient social service institution;
3) has become invalid. - Federal Law of August 22, 2004 No. 122-FZ;
4) socio-medical rehabilitation and social adaptation;
5) voluntary participation in the medical and labor process, taking into account the state of health, interests, desires in accordance with the medical report and labor recommendations;
6) medical and social examination carried out for medical reasons to establish or change the disability group;
7) free visits by a lawyer, notary, legal representatives, representatives of public associations and clergy, as well as relatives and other persons;
8) free assistance from a lawyer in the manner prescribed by current legislation;
9) providing them with premises for the performance of religious rites, creating appropriate conditions for this that do not contradict the internal regulations, taking into account the interests of believers of various faiths;
10) preservation of residential premises occupied by them under a rental or lease agreement in houses of state, municipal and public housing funds for six months from the date of admission to a stationary social service institution, and in cases where members of their families remain living in the residential premises - in throughout the entire stay in this institution. In case of refusal of the services of a stationary social service institution after the expiration of the specified period, elderly citizens and disabled people who have vacated residential premises due to their placement in these institutions have the right to priority provision of residential premises if the previously occupied residential premises cannot be returned to them .
Disabled children living in stationary social service institutions, who are orphans or deprived of parental care, upon reaching 18 years of age, are subject to the provision of residential premises out of turn by local governments at the location of these institutions or at the place of their previous residence of their choice, if an individual rehabilitation program provides the opportunity to provide self-care and lead an independent lifestyle;
11) participation in public commissions to protect the rights of elderly citizens and disabled people, created including in social service institutions.

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

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

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

Article 13. Labor activity of elderly citizens and disabled people living in stationary social service institutions

Elderly citizens and disabled people living in inpatient social service institutions may be hired for jobs available to them due to health conditions under the terms of an employment contract.

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

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

Forcing elderly citizens or disabled people living in inpatient social service institutions into medical and labor activities is not allowed.

Article 14. Refusal of services from an inpatient social service institution

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

Article 15. Restrictions on the rights of elderly citizens and people with disabilities when providing them with social services

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

The issue of placing elderly citizens and disabled people in inpatient social service institutions without their consent or without the consent of their legal representatives on the grounds provided for in part one of this article is decided by the court on the proposal of the social protection authorities.
Refusal from the services of inpatient social service institutions for elderly citizens and disabled people who have lost the ability to satisfy their basic life needs or are recognized as incompetent in accordance with the procedure established by law is made upon a written application from their legal representatives if they undertake to provide these persons with care and the necessary living conditions.
Elderly citizens and disabled people who are bacteria or virus carriers, or if they have chronic alcoholism, quarantine infectious diseases, active forms of tuberculosis, severe mental disorders, venereal and other diseases requiring treatment in specialized healthcare institutions, may be denied social benefits. home services.

Refusal to provide elderly citizens and disabled people with social services on the grounds specified in part three of this article is confirmed by a joint conclusion of the social protection body and the medical advisory commission of the health care institution.
Social services for elderly citizens and people with disabilities provided in non-stationary conditions may be terminated if they violate the norms and rules established by social service management bodies when providing this type of service.

Chapter III. Social services for elderly and disabled citizens

Article 16. Forms of social services

1. Social services for elderly citizens and disabled people include:
1) social services at home (including social and medical services);
2) semi-stationary social services in day (night) departments of social service institutions;
3) stationary social services in stationary social service institutions (boarding homes, boarding houses and other social service institutions, regardless of their name);
4) urgent social services;
5) social advisory assistance.

2. Elderly citizens and disabled people may be provided with living quarters in social housing stock buildings.

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

Article 17. Social services at home

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

2. Home-based social services provided for in the list of state-guaranteed social services include:
1) catering, including home delivery of food;
2) assistance in purchasing medicines, food and industrial goods of prime necessity;
3) assistance in obtaining medical care, including accompaniment to medical institutions;
4) maintaining living conditions in accordance with hygienic requirements;
5) assistance in organizing legal assistance and other legal services;
6) assistance in organizing funeral services;
7) other home-based social services.

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

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

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

Article 18. Social and medical care at home

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

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

Article 19. Semi-stationary social services

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

Semi-stationary social services are accepted for elderly and disabled citizens in need who have retained the ability for self-care and active movement and who do not have medical contraindications for enrollment in social services provided for in part four of Article 15 of this Federal Law.

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

Article 20. Inpatient social services

Inpatient social services are aimed at providing comprehensive social and everyday assistance to elderly citizens and disabled people who have partially or completely lost the ability to self-care and who, for health reasons, require constant care and supervision.

Inpatient social services include measures to create living conditions for elderly citizens and people with disabilities that are most adequate to their age and health status, rehabilitation measures of a medical, social and medical-labor nature, provision of care and medical assistance, organization of their rest and leisure.

Inpatient social services for elderly and disabled citizens are provided in inpatient social service institutions (departments) profiled in accordance with their age, health and social status.

It is not permitted to place disabled children with physical disabilities in inpatient social service institutions intended for the accommodation of children with mental disorders.

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

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

Article 21. Responsibilities of the administration of a stationary social service institution

The administration of a stationary social service institution is obliged to:
- respect human and civil rights;
- ensure personal integrity and safety of elderly citizens and disabled people;
- inform elderly citizens and disabled people living in a stationary social service institution about their rights;
- perform the functions assigned to her as guardians and trustees in relation to elderly citizens and disabled people in need of guardianship or trusteeship;
- carry out and develop educational activities, organize recreation and cultural services for elderly citizens and disabled people;
- provide elderly citizens and disabled people living in a stationary social service institution with the opportunity to use telephone and postal services for a fee in accordance with current tariffs;
- allocate to spouses from among the elderly and disabled citizens living in a stationary social service institution an isolated living space for joint living;
- ensure the possibility of unhindered reception of visitors both on weekends and holidays, as well as on weekdays in the daytime and evening;
- ensure the safety of personal belongings and valuables of elderly citizens and disabled people;
perform other functions established by current legislation.

Article 22. Urgent social services

1. Urgent social services are provided for the purpose of providing emergency one-time assistance to elderly citizens and disabled people who are in dire need of social support.

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

Article 23. Social advisory assistance

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

2. Social advisory assistance to elderly citizens and people with disabilities is focused on their psychological support, increased efforts in solving their own problems and provides for:
1) identification of persons in need of social advisory assistance;
2) prevention of various kinds of socio-psychological deviations;
3) work with families in which elderly and disabled citizens live, organizing their leisure time;
4) advisory assistance in training, vocational guidance and employment of disabled people;
5) ensuring coordination of the activities of government agencies and public associations to solve the problems of elderly citizens and people with disabilities;
6) legal assistance within the competence of social service authorities;
7) other measures to form healthy relationships and create a favorable social environment for elderly citizens and people with disabilities.

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

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

Chapter IV. Organization of social services for elderly citizens and disabled people

Article 25. Social service system for elderly citizens and disabled people

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

Article 30. Social service institutions

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

2. State social service institutions are not subject to privatization and cannot be repurposed for other types of activities.

Article 31. Main sources of financing the system of social services for elderly citizens and disabled people

1. The main source of financing for the public sector of the social service system for elderly citizens and disabled people is the budgets of the constituent entities of the Russian Federation.

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

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

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

Article 33. Non-state social service sector

The non-state social service sector unites social service institutions whose activities are based on non-state ownership, as well as persons carrying out private activities in the field of social services. The non-state social service sector includes public associations, including professional associations, charitable and religious organizations, whose activities are related to social services for elderly citizens and people with disabilities.

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

Chapter VI. Control over social services for elderly citizens and disabled people

Article 38. Protection of the rights of elderly citizens and disabled people and liability for violation of the legislation of the Russian Federation on social services for elderly citizens and disabled people

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

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

The president
Russian Federation
B. Yeltsin

Social protection of the population is the provision of appropriate services to disabled people and other categories of incapacitated persons. Such measures make it possible to satisfy the social needs of certain groups of citizens of the Russian Federation.

Public services refers to the activities of services that provide support to citizens who find themselves in difficult life situations.

Support consists of the following types of services provided to older people and people with disabilities:

Household;
Medical;
Psychological and pedagogical;
Social and legal;
Material assistance.

Institutions and businesses that provide services to society (elderly and disabled people) are called social services. Their activities are regulated by generally accepted Russian legislation on older people in the Russian Federation.

The Russian Federation has several laws that regulate the relationship between government authorities and older people.

List of laws on older people and disabled people in the Russian Federation:

. It guarantees social security to every citizen of the Russian Federation;
regulates the legal framework for the following categories of citizens:
- Low-income families;
- Residents living alone;
- Other categories of citizens provided for in this Federal Law;
He creates a state policy regarding elderly citizens and people with disabilities, the purpose of which is to ensure equal rights to protection with other citizens of the Russian Federation;
The main purpose of the Federal Law is to provide protection to disabled people and elderly citizens. Currently no longer valid.

Description of Federal Law 122

Federal Law No. 122 “On Social Services for Elderly Citizens and Disabled Persons” has lost its force. Now it is replaced by law no. It was adopted by the State Duma on December 23, 2013, and came into force on January 1, 2015. Last changes were made on July 21, 2017.

Changes in the law on the elderly and disabled

As mentioned above, the latest changes to Federal Law No. 442 were made on July 21, 2017.

Article 7

Article 7 was supplemented with clause 7.1. It states that an independent social service organization is being created to assess the quality of services provided.

Article 8

Article 8 was supplemented with clause 24.1. It states that special conditions are created for an organization that conducts an independent assessment.

Article 13

Article 13 was supplemented with clause 12.1. Its essence is that the decision to conduct an independent assessment is made by the federal executive body.

Part 4 of Article 13 was completely changed. Now, in order to express your own opinion or leave feedback after providing services to the elderly and disabled, you can go to the official website and express your opinion in writing.

Article 23.1

Article 23.1 appeared after the latest changes were made. It also talks about providing an independent assessment of the quality of service delivery. A quality indicator is one of the control methods that makes it possible to increase the effectiveness of services provided to the elderly and disabled.

Criteria for quality assessment:

Openness of information;
Comfortable conditions during the provision of services;
Waiting time;
Competence, politeness and friendliness of the company's employees, which provides quality service.

An independent assessment of the quality of services provided is carried out in the manner prescribed by this Federal Law.

An authorized federal executive body or other government department can independently create public councils that will evaluate the effectiveness of their activities.

Article 13. Labor activity of elderly citizens and disabled people living in stationary social service institutions

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

The relationship of an enterprise (where patients undergo occupational therapy) with an institution providing psychiatric care is determined by a joint activity agreement (clause 3 of the Regulations on medical and industrial enterprises for occupational therapy, approved by Decree of the Government of the Russian Federation of May 25, 1994 N 522 “On measures to provide psychiatric assistance and social protection of persons suffering from mental disorders"). This provision stipulates the enterprise’s obligations to provide employment to persons suffering from mental disorders, the amount of deductions from profits to these institutions, the participation of these institutions in the medical care of workers and other conditions that the parties consider essential for their relationship.
An employment contract is concluded with persons involved in occupational therapy. To do this, they submit an application expressing a request to be hired to perform certain functions (clause 13 of the Regulations on medical and industrial enterprises for occupational therapy). Work books are issued for such persons, they are paid wages, given annual paid leave, and the time they work at the enterprise is included in the total length of service. In addition, they are subject to state social insurance and are provided with free one-time hot meals.
An employment contract with persons undergoing occupational therapy is not always concluded. If, as prescribed by the attending physician, these persons are not recommended to perform work under an employment contract, but occupational therapy is nevertheless indicated, then a civil law contract is concluded with them, taking into account the provisions of civil legislation concerning the legal capacity of these persons (clause 15 of the Regulations on Medical Treatment). industrial enterprises for occupational therapy). Based on this agreement, patients are paid remuneration for work in accordance with its quantity and quality (if, of course, patients participate in productive work).
An employment contract or a civil law contract is concluded regardless of where the persons in need of it undergo occupational therapy (industrial workshops, enterprise). In addition to working under an employment contract, citizens who have become disabled can take part in medical work activities. The involvement of disabled people in medical and labor activities is carried out on a voluntary basis by inpatient social service institutions in which they live, in accordance with individual rehabilitation programs.

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

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

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

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

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

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

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

passing the final state exams - one month.

Federal Law “On Social Services for Elderly Citizens and Disabled Persons”

10) preservation of residential premises occupied by them under a rental or lease agreement in houses of state, municipal and public housing funds for six months from the date of admission to a stationary social service institution, and in cases where members of their families remain living in the residential premises - in throughout the entire stay in this institution. In case of refusal of the services of a stationary social service institution after the expiration of the specified period, elderly citizens and disabled people who have vacated residential premises due to their placement in these institutions have the right to priority provision of residential premises if the previously occupied residential premises cannot be returned to them . That is, she has the right to priority provision of residential premises if the premises were occupied by municipal, state, and public housing funds. But

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

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

According to Art. 69 of the Housing Code of the Russian Federation, family members of a tenant of residential premises under a social tenancy agreement include his spouse living with him, as well as the children and parents of this tenant. Other relatives and disabled dependents are recognized as family members of the tenant of the residential premises under a social tenancy agreement if they are settled by the tenant as members of his family and run a common household with him. In exceptional cases, other persons may be recognized as family members of the tenant of a residential premises under a social tenancy agreement in court. Family members of the tenant of a residential premises under a social tenancy agreement have equal rights and obligations with the tenant. The capable family members of the tenant of a residential premises under a social tenancy agreement bear joint and several liability with the tenant for the obligations arising from the social tenancy agreement. Family members of the tenant of residential premises under a social tenancy agreement must be indicated in the social tenancy agreement for residential premises. If a citizen ceases to be a member of the family of the tenant of the residential premises under a social tenancy agreement, but continues to live in the occupied residential premises, he retains the same rights as the tenant and members of his family. The said citizen is independently responsible for his obligations arising from the relevant social tenancy agreement. Members of the employer's family enjoy the same rights as the employer himself. Accordingly, if they make timely payments for utilities and rent, then they have the right to use such residential premises as much as they like, without time limits. In this case, the provision of the article in question regarding the fact that when a disabled person or an elderly citizen who is undergoing inpatient treatment lives in a residential premises, the right to use the residential premises will remain with him for an unlimited period, does not change under the Housing Code of the Russian Federation.

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

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

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

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

In particular, according to subparagraph 10 of paragraph 1 of Article 12 of the Federal Law of August 2, 1995 N 122-FZ “On Social Services for Elderly Citizens and Disabled Persons”, which operates in normative unity with the provisions of Part Eleven of Article 17 of the Federal Law “On Social Protection” contested by the applicant disabled people in the Russian Federation", the disabled person retains, during the entire time of stay in a stationary social service institution, the residential premises occupied by him under a social tenancy agreement in the houses of the state or municipal housing stock if members of his family remain living there.

The materials attached to the complaint indicate that during the entire stay of T.B. Klimova, in the Reshetikhinsky boarding house for the elderly and disabled, members of her family lived in the residential premises that she occupied under a social tenancy agreement. Currently, the applicant actually lives at her previous place of residence with her daughter, who recognizes her right to the disputed residential premises.

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

“On the refusal to accept for consideration the complaint of citizen Sergei Viktorovich Bushaev about the violation of his constitutional rights by paragraph 10 of part one of Article 12 of the Federal Law “On Social Services for Elderly Citizens and Disabled Persons”

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

Problem No. 10

Art. 180 Penal Code of the Russian Federation

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

Indeed, such a rule provides. But in accordance with the Federal Law “On Social Services for Elderly Citizens” there is no separate such category. She must be placed in a Special Boarding Home (special department) for the elderly and disabled - a social and medical institution designed for permanent, temporary (for a period of 6 months) and five days a week residence of elderly citizens (men over 60 years of age and women over 55 years of age ) and disabled people who have partially or completely lost the ability to self-care and need constant outside care, from among those released from places of imprisonment and other persons for whom administrative supervision has been established in accordance with the current legislation, as well as elderly citizens and disabled people who have previously been convicted or those who have been repeatedly brought to administrative responsibility for violating public order, engaging in vagrancy and begging.

The peculiarity of the category of employers in special boarding homes (special departments) in accordance with Part 5 of Article 20 of the Federal Law "On Social Services" is that they include elderly citizens or disabled people from among particularly dangerous repeat offenders released from prison and other persons , for whom administrative supervision has been established in accordance with the current legislation, as well as elderly citizens and disabled people who have previously been convicted or have been repeatedly brought to administrative responsibility for violating public order, engaged in vagrancy and begging, sent from institutions of internal affairs bodies.

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

TASK 12

Federal Law “On the procedure for recording the average per capita income of a family and the income of a citizen living alone in order to recognize them as low-income and provide them with state social assistance”

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

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

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

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

Federal Law of October 24, 1997 N 134-FZ

(ed. dated July 24, 2009)

"On the cost of living in the Russian Federation"

(adopted by the State Duma of the Federal Assembly of the Russian Federation on October 10, 1997)

Article 6. Taking into account the cost of living when providing social support to citizens in the constituent entities of the Russian Federation

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

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

(ed. dated June 15, 2009)

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

1. Social services included in the federal list of state-guaranteed social services (hereinafter referred to as social services), approved by Decree of the Government of the Russian Federation of November 25, 1995 N 1151 “On the federal list of state-guaranteed social services provided to elderly citizens and disabled people by state and municipal social service institutions" (Collected Legislation of the Russian Federation, 1995, No. 49, Art. 4798), are provided to elderly citizens and disabled people at home, in semi-stationary and stationary conditions by state and municipal social service institutions (hereinafter referred to as social service institutions) free of charge, as well as on the terms of partial or full payment.

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

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

REVISION:

Amendments and termination of the agreement are carried out in accordance with current legislation.

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

Therefore, revision is possible.

Problem No. 21

It seems to me that Bulkin is in a difficult life situation of the Federal Law “On the Fundamentals of Social Services in the Russian Federation” 4) a difficult life situation - a situation that objectively disrupts the life of a citizen (disability, inability to self-care due to old age, illness, orphanhood, neglect, poverty , unemployment, lack of a fixed place of residence, conflicts and abuse in the family, loneliness and the like), which he cannot overcome on his own.

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

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

Disruption of ongoing social activities;

Uncertainty in the development of events;

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

The occurrence of human stress conditions.

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

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

and rehabilitation services Social advisory assistance is mainly aimed at psychological support and intensifying efforts in solving one’s own problems.

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

Let's take a look at some of the above services.

Leisure services. For this purpose, the institution must have a leisure room containing the necessary furniture, TV, books, magazines, newspapers, board games, etc. The organization of leisure time should help expand the general and cultural horizons, the sphere of communication, and increase the creative activity of clients. The choice of periodicals to which subscriptions are made is made taking into account the wishes of clients and taking into account the capabilities of the organization of social services.

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

Topic No. 11

Social protection of disabled people

Problem No. 4

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

(ed. dated December 30, 2009)

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

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

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

no later than 4 years after the initial recognition of a citizen as disabled (establishment of the category “disabled child”) if it is revealed that it is impossible to eliminate or reduce during the implementation of rehabilitation measures the degree of limitation of the citizen’s life activity caused by persistent irreversible morphological changes, defects and dysfunctions of organs and systems of the body ( except as specified in the appendix to these Rules).

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

Establishing a disability group without specifying the period for re-examination (category “disabled child” before the citizen reaches the age of 18) can be carried out upon initial recognition of a citizen as disabled (establishing the category “disabled child”) on the grounds specified in paragraphs two and three of this paragraph, in the absence of positive results of rehabilitation measures carried out to the citizen before his referral for a medical and social examination. In this case, it is necessary that in the referral for a medical and social examination issued to a citizen by the organization providing him with medical and preventive care and referring him for a medical and social examination, or in medical documents in the case of a citizen being referred for a medical and social examination in accordance with paragraph 17 these Rules contained data on the absence of positive results of such rehabilitation measures.

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

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

no later than 2 years after the initial recognition as disabled (establishment of the category “disabled child”) of a citizen who has diseases, defects, irreversible morphological changes, dysfunctions of organs and body systems according to the list according to the appendix; Application

To the Rules

Recognition of a person as disabled

Public services refers to the activities of services that provide support to citizens who find themselves in difficult life situations.

Support consists of the following types of services provided to older people and people with disabilities:

Household;
Medical;
Psychological and pedagogical;
Social and legal;
Material assistance.

The Russian Federation has several laws that regulate the relationship between government authorities and older people.

List of laws on older people and disabled people in the Russian Federation:

Constitution of the Russian Federation. It guarantees social security to every citizen of the Russian Federation;
Federal Law No. 178 On state social assistance regulates the legal framework for the following categories of citizens:
- Low-income families;
- Residents living alone;
- Other categories of citizens provided for in this Federal Law;
Federal Law No. 181 On social protection of disabled people in the Russian Federation. He creates a state policy regarding elderly citizens and people with disabilities, the purpose of which is to ensure equal rights to protection with other citizens of the Russian Federation;
Federal Law No. 122 On social services for elderly citizens and disabled people. The main purpose of the Federal Law is to provide protection for disabled people and elderly citizens. Currently no longer valid.

Federal Law No. 122 On social services for elderly citizens and disabled people has lost its force. Now it is replaced by Law No. 442 On the Fundamentals of Social Services. It was adopted by the State Duma on December 23, 2013, and came into force on January 1, 2015. Last changes were made on July 21, 2017.

Responsibilities of organizations that serve elderly citizens and other disabled persons;
Issues in the economic, legal and organizational spheres;
The rights of institutions that engage in government activities;
Responsibilities/rights of disabled and elderly people.

This Federal Law applies to stateless persons and foreign citizens with permanent residence in the territory of the Russian Federation. Also covered by the Federal Law are individual entrepreneurs and legal entities that provide support to citizens.

The law consists of 10 chapters and 37 articles.

Chapter 1 Describes the general provisions of this Federal Law;
Chapter 2 Lists the powers of government bodies of the Russian Federation in the field of social security;
Chapter 3 Lists the responsibilities and rights of recipients of social services (elderly and disabled people);
Chapter 4 Lists the rights and responsibilities of suppliers;
Chapter 5 Describes how to provide services;
Chapter 6 Lists the forms and types of services for elderly and disabled people;
Chapter 7 Describes ways to organize the provision of social services to older people and people with disabilities;
Chapter 8 Lists methods of payment for public support provided;
Chapter 9 Monitors the quality of service to the social needs of society;
Chapter 10 Describes transitional and final provisions.

The rules for servicing the elderly and disabled are listed in the Constitution of the Russian Federation. They are aimed at observing human rights and respecting the dignity and personality of every citizen of the Russian Federation.

Basic principles of Federal Law No. 442:

Providing social services to all persons, regardless of:
- Age;
- Nationalities;
- Language;
- Races;
- Origin;
- Attitudes towards religion;
- Living place.
Providing home services;
Preservation of the usual environment when providing social services to the elderly and disabled;
Confidentiality;
Voluntariness.

Personal information about the citizen receiving support is confidential. It may not be passed on to third parties. For the disclosure of confidential information, the service is held liable, which is provided for by this Federal Law. Dissemination of such data is possible only after consent from the recipients of social media. services for the elderly and disabled.

To download Federal Law No. 422 with amendments and additions, go to link.

As mentioned above, the latest changes to Federal Law No. 442 were made on July 21, 2017.

Article 7 was supplemented with clause 7.1. It states that an independent social service organization is being created to assess the quality of services provided.

Article 8 was supplemented with clause 24.1. It states that special conditions are created for an organization that conducts an independent assessment.

Article 13 was supplemented with clause 12.1. Its essence is that the decision to conduct an independent assessment is made by the federal executive body.

Article 23.1 appeared after the latest changes were made. It also talks about providing an independent assessment of the quality of service delivery. A quality indicator is one of the control methods, thanks to which it becomes possible to increase the efficiency of services provided to the elderly and disabled.

Criteria for quality assessment:

Openness of information;
Comfortable conditions during the provision of services;
Waiting time;
Competence, politeness and friendliness of the company's employees, which provides quality service.

An independent assessment of the quality of services provided is carried out in the manner prescribed by this Federal Law.

An authorized federal executive body or other government department can independently create public councils that will evaluate the effectiveness of their activities.

ON SOCIAL SERVICES FOR ELDERLY CITIZENS AND DISABLED CITIZENS

Chapter I. GENERAL PROVISIONS

Article 1. Social services for elderly citizens and disabled people

Social services for elderly citizens and the disabled are activities to meet the needs of these citizens for social services.

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

Article 2. Legislation of the Russian Federation on social services for elderly citizens and disabled people

The legislation of the Russian Federation on social services for elderly citizens and the disabled consists of this Federal Law, other federal laws adopted in accordance with them, 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) apply.

Article 3. Basic principles of activity in the field of social services for elderly citizens and disabled people

Activities in the field of social services for elderly citizens and people with disabilities are based on the principles:

respect for human and civil rights;

provision of state guarantees in the field of social services;

ensuring equal opportunities in receiving social services and their accessibility for elderly citizens and people with disabilities;

continuity of all types of social services;

focusing social services on the individual needs of elderly citizens and people with disabilities;

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

responsibility of government bodies and institutions, as well as officials for ensuring the rights of elderly citizens and people with disabilities in the field of social services.

Article 4. Guarantees of observance of the rights of elderly citizens and disabled people in the field of social services

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

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

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

Part four lost its power. — Federal Law of August 22, 2004 No. 122-FZ.

Chapter II. RIGHTS OF ELDERLY CITIZENS AND DISABLED CITIZENS IN THE FIELD OF SOCIAL SERVICES

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

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

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

Article 7. Rights of elderly citizens and disabled people when receiving social services

When receiving social services, elderly and disabled citizens have the right to:
respectful and humane attitude on the part of employees of social service institutions;

selection of an institution and form of social services in the manner established by the social protection authorities of the population of the constituent entities of the Russian Federation;

information about your rights, obligations and conditions for the provision of social services;

consent to social services;

refusal of social services;

confidentiality of personal information that becomes known to an employee of a social service institution during the provision of social services;

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

Article 8. The right of elderly citizens and people with disabilities to information in the field of social services

Article 9. Consent to social services

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

Placement of elderly citizens and disabled people in special inpatient social service institutions is carried out under the conditions specified in Article 20 of this Federal Law.

Article 10. Refusal of social services

Elderly and disabled citizens, as well as their legal representatives, have the right to refuse social services, except for the cases provided for in Article 15 of this Federal Law.

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

Article 11. Confidentiality of information

Personal information that becomes known to employees of a social service institution during the provision of social services constitutes a professional secret.

Employees of social service institutions who are guilty of disclosing professional secrets bear responsibility in the manner established by the legislation of the Russian Federation.

Article 12. Rights of elderly citizens and disabled people living in stationary social service institutions

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

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

2) nursing, primary health care and dental care provided in an inpatient social service institution;

3) has become invalid. — Federal Law of August 22, 2004 No. 122-FZ;

4) socio-medical rehabilitation and social adaptation;

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

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

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

8) free assistance from a lawyer in the manner prescribed by current legislation;

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

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

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

Article 13. Labor activity of elderly citizens and disabled people living in stationary social service institutions

Elderly citizens and disabled people living in inpatient social service institutions may be hired for jobs available to them due to health conditions under the terms of an employment contract.

Elderly citizens and disabled people working under the terms of an employment contract are granted annual paid leave of 30 calendar days.
Elderly citizens and disabled people living in inpatient social service institutions can participate in medical and labor activities in accordance with medical recommendations.

Forcing elderly citizens or disabled people living in inpatient social service institutions into medical and labor activities is not allowed.

Article 14. Refusal of services from an inpatient social service institution

Article 15. Restrictions on the rights of elderly citizens and people with disabilities when providing them with social services

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

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

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

Chapter III. SOCIAL SERVICES FOR ELDERLY CITIZENS AND DISABLED CITIZENS

Article 16. Forms of social services

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

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

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

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

4) urgent social services;

5) social advisory assistance.

2. Elderly citizens and disabled people may be provided with living quarters in social housing stock buildings.

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

Article 17. Social services at home

2. Home-based social services provided for in the list of state-guaranteed social services include:

1) catering, including home delivery of food;

2) assistance in purchasing medicines, food and industrial goods of prime necessity;

3) assistance in obtaining medical care, including accompaniment to medical institutions;

4) maintaining living conditions in accordance with hygienic requirements;

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

6) assistance in organizing funeral services;

7) other home-based social services.

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

6. Lost power. — Federal Law of August 22, 2004 No. 122-FZ.

Article 18. Social and medical care at home

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

Article 19. Semi-stationary social services

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

Article 20. Inpatient social services

Inpatient social services for elderly and disabled citizens are provided in inpatient social service institutions (departments) profiled in accordance with their age, health and social status.

It is not permitted to place disabled children with physical disabilities in inpatient social service institutions intended for the accommodation of children with mental disorders.

Article 21. Responsibilities of the administration of a stationary social service institution

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

respect human and civil rights;

ensure personal integrity and safety of elderly citizens and disabled people;

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

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

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

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

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

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

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

perform other functions established by current legislation.

Article 22. Urgent social services

1. Urgent social services are provided for the purpose of providing emergency one-time assistance to elderly citizens and disabled people who are in dire need of social support.

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

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

2) provision of clothing, shoes and other essential items;

3) one-time provision of financial assistance;

4) assistance in obtaining temporary housing;

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

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

7) other urgent social services.

Article 23. Social advisory assistance

2. Social advisory assistance to elderly citizens and people with disabilities is focused on their psychological support, increased efforts in solving their own problems and provides for:

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

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

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

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

5) ensuring coordination of the activities of government agencies and public associations to solve the problems of elderly citizens and people with disabilities;

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

7) other measures to form healthy relationships and create a favorable social environment for elderly citizens and people with disabilities.

3. Lost power. — Federal Law of August 22, 2004 No. 122-FZ.

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

Chapter IV. ORGANIZATION OF SOCIAL SERVICES FOR ELDERLY CITIZENS AND DISABLED CITIZENS

Article 25. Social service system for elderly citizens and disabled people

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

Articles 26 - 29. Lost power. — Federal Law of August 22, 2004 No. 122-FZ.

Article 30. Social service institutions

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

2. State social service institutions are not subject to privatization and cannot be repurposed for other types of activities.

Article 31. Main sources of financing the system of social services for elderly citizens and disabled people

1. The main source of financing for the public sector of the social service system for elderly citizens and disabled people is the budgets of the constituent entities of the Russian Federation.

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

1) funds coming from targeted social funds;

2) bank loans and funds from other creditors;

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

4) income from securities;

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

6) charitable contributions and donations;

7) other sources not prohibited by law.

Article 32. Lost power. — Federal Law of August 22, 2004 No. 122-FZ.

Article 33. Non-state social service sector

Chapter V. PROFESSIONAL ACTIVITY IN THE FIELD OF SOCIAL SERVICES FOR ELDERLY CITIZENS AND DISABLED CITIZENS

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

Part one has been excluded. — Federal Law of January 10, 2003 No. 15-FZ.

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

Parts three and four have been excluded. — Federal Law of January 10, 2003 No. 15-FZ.

To provide basic social services, citizens who do not have professional training may be recruited under the terms of an employment contract concluded with social service management bodies or social service institutions.

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

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

Part two has been excluded. — Federal Law of January 10, 2003 No. 15-FZ.

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

Article 36. Social support measures for social workers

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

Chapter VI. CONTROL OF SOCIAL SERVICE ACTIVITIES FOR ELDERLY CITIZENS AND DISABLED CITIZENS

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

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

Chapter VII. PROCEDURE FOR ENTERING THIS FEDERAL LAW INTO EFFECT

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

Article 40. This Federal Law comes into force on the date of its official publication.

The president
Russian Federation
B. N. YELTSIN