Amendments and additions to the Federal Law “On Social Protection of the Disabled in the Russian Federation”. International law on persons with disabilities. Legislation in the field of social protection of disabled people of the Russian Federation. Laws on the rights and benefits for the disabled (wheelchair users), children

Legislation of the Russian Federation on the social protection of disabled people.

Social work with persons with disabilities should be carried out on the basis of and taking into account the legal framework of the documents of the world community, legislative acts of the Inter-Parliamentary Assembly of the CIS Member States, laws and by-laws Russian Federation.

The fundamental documents of the world community include the Universal Declaration of Human Rights (1948), the Declaration on the Rights of Persons with Disabilities (1971).

Article 1 of the Declaration of Human Rights states: “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards each other in a spirit of brotherhood.”

The concept of a disabled person, limitation of life, social protection of disabled people.

According to the Convention on the Rights of Persons with Disabilities: “Persons with disabilities include persons with long-term physical, mental, intellectual or sensory impairments which, in interaction with various barriers, may prevent their full and effective participation in society on an equal basis with others.”

The legislation of the Russian Federation on the social protection of persons with disabilities consists of the relevant provisions of the Constitution of the Russian Federation, the Federal Law "On the Social Protection of Persons with Disabilities in the Russian Federation", other federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.

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

IN federal law N 181-FZ "On the social protection of persons with disabilities in the Russian Federation" states that "a disabled person is a person who has a health disorder with a persistent disorder of body functions due to diseases, the consequences of injuries or defects, leading to a limitation of life and causing the need for his social protection" .

In the same law, disability is understood as “a person’s complete or partial loss of the ability or ability to carry out self-service, move independently, navigate, communicate, control their behavior, learn and engage in work activities.”

In this connection, the state is obliged to provide the disabled person with social protection and support.

Social protection of disabled people - a system of state-guaranteed economic, legal measures and measures social support that provide disabled people with conditions for overcoming, replacing (compensating) life restrictions and aimed at creating equal opportunities for them to participate in the life of society with other citizens.

Social support for the disabled - a system of measures that provides social guarantees to the disabled, established by laws and other regulatory legal acts, with the exception of pensions (Article 2).

The main criteria for a developed policy of states in relation to persons with disabilities

The main criteria for a developed policy of states in relation to persons with disabilities are:

• the existence of an officially recognized disability policy;

• the existence of special anti-discrimination legislation in relation to persons with disabilities; judicial and administrative mechanisms for the implementation of the rights of persons with disabilities;

• presence of non-governmental organizations of disabled people;

access of persons with disabilities to the exercise of civil rights, including the right to work, to education, to found a family, to privacy and property, as well as political rights, the presence of a barrier-free physical and social environment.

Realization of the rights of persons with disabilities implies the presence of:

legislative framework and institutional framework in the field of disability issues;

the possibility of defending one's rights both in large cities and in small ones, today it is impossible to assert equal access to the system of judicial and administrative responsibility;

The main rights that must be guaranteed to a disabled person and on the basis of which the degree of compliance of the national policy of the state with international standards is determined are the rights to education and work, to marry, to parenthood, the right to go to court, the right to privacy and property, and as well as political rights.

Today's Russian legislative acts regarding the care and assistance to people with handicapped in terms of content, they approach the laws and principles adopted throughout the world. And although people with disabilities, as well as their families, still encounter barriers in understanding and communicating with other people, there is much evidence that, in general, social attitudes towards people with disabilities are gradually changing, going from inattention and rejection to acceptance and recognition. their rights, dignity and full participation in society. The adoption on July 20, 1995 by the State Duma of the Law "On the Social Protection of the Disabled in the Russian Federation", the development of the draft Law of the Russian Federation "On Special Education", the creation of rehabilitation centers - all this speaks of a changing social policy.

Social Services for the Disabled

Social services include a set of social services (care, catering, assistance in obtaining medical, legal, socio-psychological and natural types of assistance, assistance in vocational training, employment, leisure activities, assistance in organizing ritual services, and others) that are provided disabled citizens at home or in social service institutions, regardless of ownership.

Disabled persons in need of permanent or temporary outside assistance due to partial or complete loss of the ability to independently satisfy their basic life needs have the right to social services provided in the state, municipal and non-state sectors of the social service system. Social services for elderly and disabled citizens are carried out by decision of the social protection authorities in institutions subordinate to them or under agreements concluded by social protection authorities with social service institutions of other forms of ownership.

The current legislation provides for a list of social services, the provision of which is free of charge.

1. Disabled people with relatives who, for objective reasons, cannot provide them with assistance and care (provided that the amount of the pension received by these citizens, including allowances, is below the subsistence level established for our region);

2. Disabled people living in families whose average per capita income is below the subsistence minimum established for the region.

On the terms of incomplete payment for services from the basic list approved by the Decree of the Government of the Russian Federation, the following are provided:

Disabled people receiving a pension (including allowances, in the amount of 100 to 150 percent of the subsistence minimum established for the region);

Disabled people with relatives who, for objective reasons, cannot provide them with assistance and care (provided that the amount of pension received by these citizens, including allowances, is from 100 to 150 percent of the subsistence minimum established for the given region);

Disabled people living in families whose average per capita income is from 100 to 150 percent of the subsistence minimum established for the region.

If the disabled person lives in a family where the average income per family member is 150 percent higher than the subsistence level established for the region. Payment is also made if the disabled person was provided with services that are not included in the basic list. The procedure and terms of payment for social services in the state and municipal sectors of social services are determined by the Government of the Russian Federation. Tariffs for social services provided by state and municipal institutions of social services are determined by the social protection authorities of the region.

The provision of social services can be carried out at home, when placed in a special institution (hospital) that provides permanent care for the persons in it, as well as in the form of semi-stationary services.

Social services are provided at home for:

Catering services, including home delivery of groceries;

Assistance in the acquisition of medicines, food and industrial essential goods;

Assistance in obtaining medical care, including accompaniment to medical institutions;

Maintaining living conditions in accordance with hygiene requirements;

Assistance in organizing legal assistance and other legal services;

Assistance in organizing funeral services;

Other home social services.

Social services at home are carried out by the relevant departments created in municipal centers of social services or under the bodies of social protection of the population. Social and medical care at home is provided for people with disabilities in need of home social services, suffering from mental disorders (in remission), tuberculosis (except for the active form), serious diseases (including cancer) in the late stages. Social and medical care at home is carried out by specialized departments created in municipal social service centers or under the bodies of social protection of the population.

Semi-stationary social services include social, medical and cultural services for disabled people, organizing their meals, rest, ensuring their participation in feasible work activities and maintaining an active lifestyle. Such service is provided to persons with disabilities who need it, who have retained the ability to self-service and active movement, and who do not have medical contraindications for enrollment in social services. The decision on enrollment in semi-stationary social services is made by the head of the social service institution on the basis of a personal written application of an elderly citizen or a disabled person and a certificate from a health care institution on his state of health.

Semi-stationary social services are carried out by departments of day (night) stay, created in municipal centers of social services or under the bodies of social protection of the population.

Stationary social services are aimed at providing comprehensive social and household assistance to disabled people who have partially or completely lost the ability to self-service and who, for health reasons, need constant care and supervision. Stationary social services include measures to create for the disabled the most convenient and comfortable living conditions for their age and state of health, as well as providing them with medical and other assistance aimed at achieving such a state, organizing their rest and leisure. Stationary social services for the disabled are carried out in boarding schools, specially equipped in accordance with their age, state of health and social status. A disabled person who chooses to live in such an institution is by no means deprived of the opportunity to lead a comfortable and familiar life. He has the right to use telephone and postal services for a fee in accordance with the current tariffs, to meet with relatives and friends at almost any time. Spouses from among those living in a boarding house have the right to demand that they be provided with an isolated living space for joint residence.

As a special type of service for persons with disabilities in order to provide them with emergency care of a one-time nature, the so-called urgent social service is carried out. Urgent social services include the following social services from among those provided for by the federal list of state-guaranteed social services:

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

Provision of clothing, footwear and other essentials;

One-time provision of financial assistance;

Assistance in obtaining temporary accommodation;

Organization of legal assistance in order to protect the rights of persons served;

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

Other urgent social services.

Urgent social services are provided by municipal social service centers or departments created for these purposes under the bodies of social protection of the population.

The set of measures related to social services for the population also includes the rules of law that apply not only to the disabled, but to all citizens. In particular, this applies to servicing the population in shops, ateliers, households and other organizations of this kind. True, in these cases, too, the legislation directs persons involved in the provision of such services to a special attitude towards citizens who are disabled. So, disabled people of groups I and II should be served out of turn at trade, public catering, household, communications, housing and communal services, healthcare, education, culture, legal services and other organizations serving the population. Disabled persons enjoy the right of extraordinary reception by heads and other officials of enterprises, institutions and organizations.

Control over the activities for the provision of social services at the level of the region and the state as a whole in the field of social services is carried out by social protection authorities, health authorities and educational authorities within their competence, as well as ministries, other federal executive authorities, state enterprises, institutions and organizations having subordinate social service institutions. Control over the activities for the provision of social services at the level of the city, district is carried out by the municipal bodies of social protection of the population, health authorities and educational authorities, as well as social service management bodies of the Russian Federation and social service management bodies. (Federal Law "On the Social Protection of the Disabled in the Russian Federation", Art. 32, as well as the Federal Law "On Social Services for Elderly Citizens and the Disabled" (Art. Art. 37, 38)

Control over the provision of social services by private organizations in the field of social services is carried out by state, municipal bodies of social protection of the population, health authorities and educational authorities within their competence.

If cases of violation of the rights of persons with disabilities in the field of social services, provided for by laws, state standards for the quality of social services, are revealed, the bodies of social protection of the population that issued social service institutions a license for professional activities in the field of social services have the right to suspend its validity. The question of the final termination of such activities is decided by the founders or owners of social service institutions or in court.

The organization of public control over the provision of social services is carried out by public associations that, in accordance with their constituent documents, are engaged in protecting the interests of elderly citizens and the disabled.

Control over the timely implementation of the rights and interests of persons with disabilities is carried out by the prosecutor's office and the court.

Supervision over the implementation of legislative acts granting additional rights and benefits to persons with disabilities is carried out by the Prosecutor General of the Russian Federation and prosecutors subordinate to him. The prosecution authorities are a means of quickly responding to various kinds of violations and timely elimination of any violations. However, they do not have the possibility of enforcement of their decisions, except in cases where the violation of the rights of persons with disabilities is associated simultaneously with the violation of criminal and administrative legislation. Nevertheless, by virtue of the Presidential Decree "On Measures to Strengthen Discipline in the Public Service System", the prosecution authorities have the right to apply to the President with a request to apply penalties, up to dismissal, to officials who evade the implementation of federal laws, presidential decrees and other regulations.

Only the judiciary has this power. Actions or omissions of state bodies, enterprises, institutions and organizations, regardless of the form of ownership, as well as officials that have caused violations of the rights of persons with disabilities, may be appealed to the court. The appeal to the court in this case is drawn up in the form of a complaint, reimbursement of expenses associated with non-compliance with laws can be made by the court directly when considering this complaint. In addition, if it is discovered during the trial that the actions of an official fall under the conditions provided for by other legislative acts, the judge may decide on the possibility of bringing him to criminal or administrative liability, as well as indicate to the person who applied for the protection of his rights to bring the person who committed the violation to civil liability.

The current legislation does not represent a frozen structure. Both at the level of the federation and at the level of our region, targeted programs are being developed aimed at protecting the disabled (as a category of citizens who currently need special social support from the state). Support for the disabled will be provided not only in the form of targeted cash payments and targeted provision of any property benefits, but also the creation of a social infrastructure for the disabled that is convenient for living (equipment of residential buildings with means convenient for the movement of disabled people, i.e. special access paths, lifts; creation of rehabilitation complexes equipped with special sports simulators, swimming pools; adaptation of means of individual, urban and intercity public passenger public transport, communications and informatics; expansion of the production of auxiliary technical means and household equipment). Ensuring the employment of people with disabilities in modern conditions should be carried out by creating a larger number of jobs specially equipped for the implementation of labor activities by people with disabilities, increasing the share of quotas for jobs at the enterprise intended for hiring people with disabilities. Further improvement will also take place in the system of social protection.

Benefits for people with disabilities in the field of education

Disabled people of groups 1 and 2, upon admission to a secondary vocational and higher vocational state or municipal educational institution, are entitled to out-of-competition admission in case of successful passing of entrance exams, if such training is not contraindicated by a medical certificate. Citizens from among the disabled, studying at the secondary or higher professional state or municipal educational institution, a scholarship must be awarded. The need of such persons for additional support should also be taken into account by the trade union committee of students when allocating material and other assistance to persons from among the students.

For disabled people who need special conditions for receiving vocational education, special vocational educational institutions of various types and types are created or appropriate conditions are created in vocational educational institutions general type. Vocational training and vocational education for disabled people in special vocational educational institutions for disabled people are carried out in accordance with state educational standards based on educational programs adapted for teaching disabled people (Article 19 of the Federal Law "On Social Protection of Disabled Persons in the Russian Federation").

According to the Federal Law "On Education in the Russian Federation", the state authorities of the constituent entities of the Russian Federation provide vocational training for students with disabilities (with various forms mental retardation), who do not have a basic general or secondary general education, as well as provide free of charge to students with disabilities when they receive education for free, special textbooks and teaching aids, other educational literature, as well as the services of sign language interpreters and tiphlo sign language interpreters (with the exception of students studying at the expense of the federal budget appropriations);

Benefits for reimbursement of expenses for sanatorium and resort services for the disabled

Free provision of vouchers for sanatorium and resort treatment and rest homes is carried out by social security authorities in relation to non-working disabled people (Instruction on the procedure for registering, storing and issuing vouchers for sanatorium and resort vouchers and vouchers to rest homes in social security authorities). Vouchers for sanatorium treatment are provided in accordance with the conclusion of the medical institution.

In addition, citizens who are recognized as invalids of group I for the first time and have appropriate medical indications are provided with vouchers for sanatorium treatment free of charge at least once during the first three years after the establishment of disability. And they also have the right to purchase a ticket for travel to the place of treatment and back with a 50 percent discount. This right is enjoyed by persons recognized as disabled of group I after the Decree of the President of the Russian Federation of October 2, 1992 came into force. Since January 1, 1997, the provision of sanatorium-and-spa treatment to disabled people has been carried out according to the following rules. Disabled people enjoy the right to sanatorium-and-spa treatment in accordance with an individual program for the rehabilitation of a disabled person on preferential terms. Disabled people of group I are also granted the right to receive, under the same conditions, a second voucher for the person accompanying them. Non-working disabled people, including those in stationary social service institutions, are given sanatorium-resort vouchers free of charge by the social protection authorities. Working invalids are provided with sanatorium and resort vouchers at the place of work on preferential terms at the expense of social insurance funds.

Benefits for purchasing medicines

According to the Decree of the Government of the Russian Federation of July 30, 1994 N 890 "On state support for the development of the medical industry and improving the provision of the population and healthcare institutions with medicines and products medical purpose"Disabled people of the 1st group and non-working disabled people of the 2nd group have benefits when providing medicines on prescription. ITU bureau the need to use these resources. Working disabled people of the 2nd group and disabled people of the 3rd group, recognized as unemployed in accordance with the established procedure, have the right to purchase certain medicines and medical products with a 50% discount on doctor's prescriptions.

Benefits for people with disabilities when using public transport

Disabled people also enjoy benefits when traveling on certain modes of transport. Free travel on all types of urban transport (with the exception of taxis) and on public transport (with the exception of taxis) in rural areas within the administrative district of the place of residence is provided to visually impaired people of groups 1 and 2, who do not have two limbs or with paralysis of two limbs. This benefit for these categories of disabled people was provided by federal legislation.

Disabled people are provided with a 50% discount from the cost of travel on intercity lines of air, rail, river and road transport from October 1 to May 15 and once (round trip) at other times of the year. Disabled people of groups I and II are granted the right to travel free of charge once a year to the place of treatment and back, unless more favorable conditions are established by the legislation of the Russian Federation. These benefits apply to a person accompanying a disabled person of group I.

Benefits for the disabled when providing Vehicle and reimbursement of expenses associated with their operation

Benefits in the field of vehicles for persons with disabilities who have appropriate medical indications (conclusion of the ITU Bureau) are provided in the form of providing them with special motor vehicles, reimbursement of expenses for the overhaul of special vehicles (except cars), obtaining special wheelchairs, compensation for fuel, repairs and maintenance of special vehicles. (Decree of the Council of Ministers of the USSR of April 4, 1983 "On the provision of vehicles for disabled workers, employees and collective farmers, as well as disabled since childhood." Also the Decree of the Council of Ministers - the Government of the Russian Federation of February 22, 1993 "On amendment and invalidation some decisions of the Council of Ministers of the RSFSR on the provision of disabled people with special vehicles ". Also the Decree of the Government of the Russian Federation of May 28, 1992 "On measures for the social protection of disabled people in need of special vehicles (as amended on June 26, 1995)).

Decree of the Government of the Russian Federation of March 14, 1995 N 244 "On changing the brand of a car intended for issuance to disabled people free of charge" decided to provide disabled people who, in accordance with applicable law, have the right to receive a car free of charge, instead of a Zaporozhets brand car (due to with the termination of its production) cars of the brand "Oka" and "Tavria", issued for a period of seven years.

Manually operated Tavria or Oka cars and motorized wheelchairs are provided free of charge only to disabled veterans of the Great Patriotic War who need them, disabled people equated to them, as well as other disabled military personnel in the presence of medical indications.

The rest of the disabled, if they have established medical indications for the provision of special vehicles and there are no contraindications that prevent admission to driving them, are entitled to receive a motorized wheelchair free of charge for a five-year period of operation. The list of medical indications for disabled people who have the right to receive motorized wheelchairs free of charge was approved by the USSR Ministry of Health on August 11, 1970.

In addition to the above categories of persons, persons with disabilities who have received an industrial injury or occupational disease have the right to receive a car with manual control at the expense of the employer. If a disabled person still wants to purchase a car, but has the right only to receive a motorized wheelchair free of charge, he can purchase such a car at his own expense, offsetting the cost of the motorized wheelchair.

Permission to purchase (receive) a car or a motorized wheelchair is issued by the Committee for Social Protection of the Population of the Perm Region at the place of permanent residence of persons with disabilities if they have appropriate medical indications (they are determined by the ITU Bureau), as well as they present certificates for the right to drive a car (motorized wheelchair) and personal statements.

Training of disabled people who have the right to receive a car and a motorized carriage free of charge, driving on these types of transport is carried out free of charge (Instruction on the procedure for issuing, replacing and selling a Zaporozhets car). If a disabled person who has the right to receive a motorized wheelchair has bought a car, then the cost of teaching him to drive a car is reduced by the amount provided for paying for training in driving a motorized wheelchair. Cars (motorcycles) previously received by disabled people free of charge are returned to social security authorities, and those purchased for a fee (including at a discount to their cost) are not subject to return to social protection authorities. After the death of a disabled person, the car (motorcycle) received by him free of charge is returned to the social protection authorities. A car (motorcycle) purchased by a disabled person for a fee (including at a discount to its cost) is inherited in the manner prescribed by law.

When disabled people who have the right to receive a Tavria or Oka car for free acquire cars of other brands, the social protection authorities of the population pay the costs of acquiring trading organizations in the amount of the free (market) prices for the Zaporozhets or Oka car that are valid at the time of sale. "with manual control of the corresponding modification. The difference in cost must be paid by the disabled person at his own expense.

The car "Zaporozhets" or "Oka" is issued to a disabled person for seven years without the right to major repairs. After this time, the vehicle must be replaced. The overhaul of a motorized wheelchair is carried out once every five years at the actual cost, but not more than 50% of the cost of the motorized wheelchair at the time of repair for disabled people with a general disease and other causes, as well as for disabled children on the terms determined by Decree of the Government of the Russian Federation N 156 of February 22, 1993. " On changing and invalidating certain decisions of the Council of Ministers of the RSFSR on the issues of providing disabled people with special vehicles.

All categories of disabled people, subject to the conclusion of the ITU Bureau, are provided free of charge with bicycles and wheelchairs on the terms determined by the instruction "On the procedure for providing prosthetic and orthopedic products, means of transportation and means that make life easier for the disabled", approved by order of the MSO of the RSFSR of February 15, 1991. N 35.

The amounts of funds for operating expenses and for transport services (which include expenses for gasoline, repairs and maintenance) of disabled people who received a car and a motorized carriage free of charge in the prescribed manner, as well as purchased other vehicles with a set-off for those provided free of charge, are established by the constituent entities of the Russian Federation ( Decree of the Government of the Russian Federation of August 3, 1992 "On compensation to disabled people for expenses related to the operation of vehicles and transport services 9 as amended on July 10, 1995). However, at the level of the Russian Federation, the amounts of compensation are established, below which the authorities of a subject of the Russian Federation are not entitled to pay In addition, persons with disabilities who are eligible for a car but do not receive one are entitled to monetary compensation instead of receiving a car.

Vehicles of disabled people are serviced at service stations and auto centers as a matter of priority. At each parking lot (stop) of motor vehicles, including those near trade enterprises, services, 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 who are not must be occupied by other vehicles. Disabled people use the parking spaces for special vehicles free of charge. For disabled people who have the right to purchase a motorized wheelchair, but who have bought a car, the above compensations are made in the amounts established for the owners of motorized wheelchairs.

At the same time, it should be noted that the receipt of an additional opinion by the ITU bureau by disabled people who have purchased special vehicles for free is not required to receive compensation for operating costs, as well as transport services.

Civil and family law

Civil law, unlike other branches of law, is less focused on providing benefits to people with disabilities. But even there we can find some features of the regulation of relations associated with people in need of additional social support. When inheriting, such persons are entitled to an obligatory share in the inheritance of at least two-thirds of the share that would be due to them upon inheritance by law (Articles 532, 535 of the Civil Code of the RSFSR). Such persons include disabled and minor children, as well as disabled spouse, parents (adoptive parents) and dependents of the deceased. This rule applies if the testator has drawn up a will for all his property, without indicating in it, for one reason or another, these citizens. If no will was drawn up at all, then these citizens inherit the property of the deceased in equal shares with all other persons called to inherit. You need to remember some rules when applying for an inheritance in order to avoid unnecessary and troublesome difficulties that arise when these rules are not observed. An application for an inheritance must follow after the death of a person to a notary at the place of permanent residence of the testator, and if it is unknown, then at the location of the property or its main part. Do not despair if the deceased in the last years of his life lived in a place that, for one reason or another, today is as inaccessible to you as Everest. You just need to try to negotiate with one of the acquaintances of the deceased, who lived with him, to draw up a power of attorney in their name and send them certificates of inheritance for registration in your name. All this must be done within six months after the death of the testator, otherwise you will have to restore the missed deadline through the court and demand recognition of your right to inheritance.

In family law, a disabled needy spouse, including a disabled person, has the right to alimony from the other spouse both during the period of marital relations and in the event of divorce, if the disability occurred during the period of marital relations or within a year after their termination ( articles 89, 90 of the Family Code). The amount of alimony is determined by agreement between the spouses or through the court in a fixed amount (which, however, may change if the minimum wage is changed). It must be remembered that the payment of alimony in these cases is made under two conditions: the spouse's incapacity for work (this includes disabled people of groups 1, 2 and 3), and need, which is determined on the basis of the subsistence minimum, determined by the territory in which the citizen who applied for assignment of alimony.

Labor law

The provision of benefits in the exercise by a disabled person of his right to work is aimed at ensuring the opportunity for a disabled person to get a job and the conditions to carry out such activities without further deterioration of their health (Article 23 of the Federal Law "On the Social Protection of Disabled Persons in the Russian Federation" regulates the working conditions of disabled people, and Article 25 of the same of the law of the conditions for recognizing a disabled person as unemployed).

Disabled people employed in organizations, regardless of organizational and legal forms and forms of ownership, are provided with the necessary working conditions in accordance with an individual program for the rehabilitation of a disabled person. It is not allowed to establish in collective or individual labor contracts the working conditions of disabled people (remuneration, working hours and rest time, the duration of annual and additional paid holidays, etc.), which worsen the situation of disabled people in comparison with other workers.

For disabled people of groups I and II, a reduced working time is established (no more than 35 hours per week) with full pay. Disabled persons are granted annual leave of at least 30 calendar days based on a six-day working week. Persons with disabilities may be involved in overtime work, work on weekends and at night only with their consent and provided that such work is not prohibited by medical recommendations.

To facilitate employment for disabled people, the Ministry of Labor has developed a special list of professions, the mastery of which enables disabled people to be competitive in the labor market. In addition, the state authorities of the region should establish a quota for the allocation of jobs for the disabled by the enterprises of the region, as well as the creation of specially equipped jobs. Legislation should establish tax incentives for those enterprises that employ disabled people, as well as for those who create specially equipped jobs.

Currently, the employment service is registering people with disabilities as unemployed. A disabled person is recognized as unemployed if he has a work recommendation, a conclusion on the recommended nature and working conditions, which is issued in accordance with the established procedure, does not have a job, is registered with the employment service in order to find a suitable job and is ready to start it. Suitable work is recognized for such a citizen, which is indicated in the conclusion and corresponds to his individual rehabilitation program. In order to make a decision on recognizing a disabled person as unemployed, he submits to the employment service (along with a work book, an identity document, a certificate from the last place of work on earnings for the last three months, a document certifying professional qualifications) an individual rehabilitation program for a disabled person. However, prior to the development by the State Service for Medical and Social Expertise of an individual program for the rehabilitation of a disabled person, a decision to recognize as unemployed citizens who have lost the ability to perform regular professional work may be taken without them presenting an individual program for the rehabilitation of a disabled person.

housing law

Housing law norms (Article 36 of the Housing Code of the RSFSR, Decree of the Government of the Russian Federation of February 28, 1996 "On approval of the list of diseases that give the right to disabled people suffering from them, the right to additional living space in the form of a separate room", Decree of the Government of the Russian Federation of July 27, 1996 "On the Provision of Benefits to the Disabled and Families with Disabled Children in Provision of Their Housing, Payment for Housing and Utilities") establishes benefits for the disabled in terms of the procedure for providing housing, the amount of allocated living space and benefits for paying utility bills.

Disabled workers of groups 1 and 2 enjoy the right to priority provision of housing to them if they are recognized as in need of improved housing conditions, and also if they have the right to additional living space. Decree of the Government of the Russian Federation of 27.07.1996 No. "On the Provision of Benefits to the Disabled and Families with Disabled Children to Provide Them with Housing, Payment for Housing and Utilities" granted the disabled the right to be registered for the improvement of living conditions both at the place of work and at the place of residence.

The legislation of the Russian Federation (the Federal Law "On Social Services for Elderly Citizens and the Disabled" and the Federal Law "On the Social Protection of the Disabled in the Russian Federation") also provides for other cases of a preferential procedure for providing housing to the disabled. Residential premises in the houses of the municipal housing stock, vacated by disabled people sent to stationary social service institutions, are subject to occupancy, first of all, by other disabled people who need to improve their living conditions. Specially equipped living quarters in the houses of the state, municipal and public housing stock, occupied by disabled people under a contract of employment, upon their release, are populated first of all by other disabled people who need to improve their living conditions. In case of refusing the services of a stationary social service institution after six months, disabled people who have vacated living quarters in connection with their placement in these institutions have the right to extraordinary provision with living quarters (if they cannot be returned to the living quarters they previously occupied). The right of a disabled person to receive a separate room is taken into account when registering for the improvement of living conditions and the provision of housing in the houses of the state and municipal housing stock. In addition, for a disabled person placed in a stationary social service institution, the residential premises occupied by him under a lease agreement in the houses of state, municipal and public housing funds for six months from the date of admission to such an institution, and in cases where to live members of their families - during the entire time of stay in this institution.

Residential premises occupied by disabled people must be equipped with special facilities and devices in accordance with the individual program for the rehabilitation of a disabled person. At present, the form and content of such programs are still being developed, but, nevertheless, the construction of new houses is carried out taking into account the requirements of equipping them with appropriate devices that facilitate access to them for people with disabilities. If a disabled person was placed in a stationary social service institution and expressed a desire to receive housing under a contract of employment, he is subject to registration for improving housing conditions, regardless of the size of the occupied area and is provided with living quarters on an equal basis with other disabled people.

Residential premises in the houses of the municipal housing fund for social use (that is, specially equipped for the use of disabled people and some other categories of citizens) are provided to single disabled people, disabled people whose relatives, for objective reasons, cannot provide them with assistance and care, provided that these citizens retain the ability to self-service and non-compliance of their living conditions with the requirements of housing legislation.

A difficult issue is the norm of providing a disabled person with living space. Such benefits are scattered in separate acts, depending on the categories of persons with disabilities allocated by law. So, disabled people - Heroes of Socialist Labor are provided with living space in accordance with established standards in the first place (letter of the department for state awards of the State Legal Administration of the President of the Russian Federation N A19 / 08-83 dated 13.03.92). By the Decree of the Government of February 28, 1996, in accordance with the law "On the Social Protection of the Disabled", a list of diseases was developed that gives disabled people who suffer from them the right to additional living space in the form of a separate room:

active forms of tuberculosis of all organs and systems;

mental illness requiring mandatory dispensary observation;

tracheostomy, fecal, urinary and vaginal fistulas, lifelong nephrostomy, stoma Bladder, not surgically corrected urinary incontinence, unnatural anus, malformations of the face and skull with impaired breathing, chewing, swallowing;

multiple skin lesions with profuse discharge;

HIV infection in children;

absence of lower limbs or diseases of the musculoskeletal system, including hereditary genesis, with persistent dysfunction of the lower limbs, requiring the use of wheelchairs;

organic diseases of the central nervous system with persistent dysfunction of the lower extremities, requiring the use of wheelchairs, and (or) with dysfunction of the pelvic organs;

condition after transplantation internal organs and bone marrow;

severe organic kidney damage, complicated by II-III degree renal failure.

The field of housing law includes a number of other benefits provided to persons with disabilities, which are aimed at protecting this category of citizens. Disabled people and families with disabled children are provided with a discount of at least 50 percent from the rent (in the houses of the state, municipal and public housing stock) and utility bills (regardless of the ownership of the housing stock), and in residential buildings that do not have central heating , - from the cost of fuel purchased within the limits established for sale to the population. Additional living space occupied by a disabled person (regardless of whether in the form of a separate room or not) is not considered excessive and is payable in a single amount, taking into account the benefits provided. Unfortunately, some people with disabilities may experience difficulties in implementing the benefits for reduced housing costs, since reimbursement for the operation and maintenance of housing and communal services, which is on the balance sheet of the enterprise, is made at the expense of the profit remaining at the disposal of this enterprise. In case of insufficiency of the indicated funds, the departmental housing stock may be transferred to municipal ownership.

For disabled people of groups I and II, if there is a technical possibility, the installation of a telephone is carried out out of turn (Presidential Decree of October 2, 1992 "On additional measures of state support for disabled people"). From the beginning of 1997, a 50% discount for the use of a telephone and a radio broadcasting point should also be established (the Federal Law "On the Social Protection of the Disabled in the Russian Federation" was adopted by the State Duma on July 20, 1995, approved by the Federation Council on November 15, 1995).

Disabled people and families with disabled people are given the right to receive land plots for individual housing construction, maintenance of subsidiary and summer cottages and gardening as a matter of priority. When allocating a land plot, it must be taken into account that, in accordance with the Decree of the President, this plot should be as close as possible to the place of residence of a disabled person.

Special requirements have also been established for the sale and purchase of residential buildings (premises) in order to pay for social services:

retaining the right of a disabled person to live in an alienated residential building (residential premises) for life or providing him with other residential premises that meet the requirements of housing legislation, as well as the right to material support in the form of food, care and necessary assistance;

obtaining consent in writing from local authorities of social services for the population to complete the transaction.

The provision of benefits in the field of housing legislation can also be made by other categories of citizens - disabled people, in particular, disabled military personnel, disabled people - "Chernobyl victims" and some others.

Questions and tasks for repetition and independent consideration

Consider the concept of a disabled person, limitation of life, social protection of disabled people.

Legislation of the Russian Federation on the social protection of disabled people.

The main criteria for a developed policy of states in relation to persons with disabilities.

Prepare situational tasks for the sections: social services for the disabled, benefits for the disabled in the field of education, when compensating for the costs of sanatorium services for the disabled, purchasing medicines, using public transport, providing vehicles and compensating the costs associated with their operation, civil, family law, labor and housing legislation.

Literature

Universal Declaration of Human Rights (1948),

Civil Code of the Russian Federation

Declaration on the Rights of Persons with Disabilities (1971).

Housing Code of the Russian Federation” dated December 29, 2004 N 188-FZ

Convention on the Rights of Persons with Disabilities

Family Code of the Russian Federation

Labor Code of the Russian Federation

Federal Law "On Education in the Russian Federation"

Federal Law N 181-FZ "On the social protection of persons with disabilities in the Russian Federation"

Federal Law No. 122 “On social services for the elderly and the disabled”.

Federal Law No. 195 “On the basics of social services for the population in the Russian Federation”.

Disabled people and families with disabled children who need to improve their living conditions are registered and provided with living quarters in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Provision of housing at the expense of the federal budget to disabled people and families with disabled children in need of better housing conditions, registered before January 1, 2005, is carried out in accordance with the provisions of Article 28.2 of this Federal Law.

Disabled persons and families with disabled children who are in need of better housing conditions and registered after January 1, 2005 are provided with housing in accordance with the housing legislation of the Russian Federation.

Determining the procedure for providing residential premises (under a social tenancy agreement or in ownership) to citizens in need of improved housing conditions, registered before January 1, 2005, is established by the legislation of the constituent entities of the Russian Federation.

Living quarters are provided to the disabled, families with disabled children, taking into account the state of health and other circumstances worthy of attention.

Disabled persons may be provided with housing under a social tenancy agreement with a total area exceeding the provision rate per person (but not more than twice), provided that they suffer from severe forms chronic diseases provided by the list established by the federal executive body authorized by the Government of the Russian Federation.

The payment for a dwelling (payment for social rent, as well as for the maintenance and repair of a dwelling) provided to a disabled person under a social tenancy agreement in excess of the norm for providing the area of ​​living quarters, is determined based on the occupied total area of ​​the living quarters in a single amount, taking into account the benefits provided.

Residential premises occupied by disabled people are equipped with special facilities and devices in accordance with an individual program for the rehabilitation or habilitation of a disabled person.

Disabled persons living in social service organizations providing social services in a stationary form and wishing to receive housing under a social contract of employment are subject to registration for improving housing conditions, regardless of the size of the occupied area and are provided with housing on an equal basis with other disabled people.

Disabled children living in social service organizations that provide social services in a stationary form, and who are orphans or left without parental care, upon reaching the age of 18 years, are subject to provision with living quarters out of turn, if the individual program for the rehabilitation or habilitation of a disabled person provides for the possibility of self-service and lead him an independent life.

The residential premises of the state or municipal housing stock, occupied by a disabled person under a social contract of employment, when a disabled person is placed in a social service organization that provides social services in a stationary form, shall be kept by him for six months.

Specially equipped living quarters of the state or municipal housing stock, occupied by disabled people under a social contract of employment, upon their release, are populated first of all by other disabled people who need to improve their living conditions.

Disabled people and families with disabled children are provided with compensation for the cost of housing and utilities in the amount of 50 percent:

Payments for rent and payment for the maintenance of residential premises, including payment for services, work on the management of an apartment building, for the maintenance and current repairs of common property in an apartment building, based on the occupied total area of ​​\u200b\u200bresidential premises of state and municipal housing funds;

Cold water fees hot water, electrical energy consumed in the maintenance of common property in an apartment building, as well as for the disposal of wastewater in order to maintain common property in an apartment building, regardless of the type of housing stock;

Payment for utility services, calculated on the basis of the volume of consumed utility services, determined by the readings of metering devices, but not more than the consumption standards approved in the manner prescribed by the legislation of the Russian Federation. In the absence of the indicated metering devices, the payment for utilities is calculated based on the standards for the consumption of utilities, approved in accordance with the procedure established by the legislation of the Russian Federation;

Payment of the cost of fuel purchased within the limits established for sale to the population, and transport services for the delivery of this fuel - when living in houses that do not have central heating.

Disabled people of groups I and II, disabled children, citizens with disabled children are provided with compensation for the payment of a contribution for the overhaul of common property in an apartment building, but not more than 50 percent of the specified contribution, calculated on the basis of the minimum contribution for capital repairs for one square meter of the total living area per month, established by the regulatory legal act of the constituent entity of the Russian Federation, and the size of the regional standard of the normative living area used to calculate subsidies for paying for living quarters and utilities.

Measures of social support for paying utility bills are provided to persons living in residential premises, regardless of the type of housing stock, and do not apply to cases of applying increasing coefficients to utility consumption standards established by the Government of the Russian Federation.

Disabled people and families with disabled people are given the right to receive land plots in priority for individual housing construction, farming and gardening.

Judicial practice under article 17 of the Federal Law of November 24, 1995 No. 181-FZ

Appeal ruling dated September 18, 2019 in case No. 3A-235/2019

Supreme Court of the Russian Federation - Administrative

By which he was charged with debt for payment of housing and communal services. According to the administrative plaintiff, paragraph 3.1 of Appendix 1 to the Procedure for Providing Compensations contradicts Article 17 of the Federal Law of November 24, 1995 No. 181-FZ “On the Social Protection of Disabled Persons in the Russian Federation”, paragraph 13 of the Rules for Providing Benefits to Disabled Persons and Families with Disabled Children , ...

Judgment dated July 4, 2019 in case No. А67-14309/2018

Judgment dated July 4, 2019 in case No. А67-14313/2018

Arbitration Court of the West Siberian District (FAS ZSO)

dated October 06, 1999 No. 184-FZ “On general principles organizations of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation” (hereinafter referred to as Law No. 184-FZ), Article 17 of Federal Law No. 181-FZ dated November 24, 1995 “On the Social Protection of Disabled Persons in the Russian Federation” (hereinafter referred to as Law No. 181-FZ), articles 14, 50, 55, 60, 61 of the Federal Law...

Judgment dated July 3, 2019 in case No. А46-2079/2019

Eighth Arbitration Court of Appeal (8 AAS)

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. Article 17 of the Federal Law of November 24, 1995 No. 181-FZ provides that disabled people and families with disabled children in need of better housing conditions are registered and provided with housing ...

Judgment dated July 3, 2019 in case No. А60-23399/2019

Arbitration Court of the Sverdlovsk Region (AC of the Sverdlovsk Region)

On 03.2019, the administration of the urban district of Bogdanovich provided Voevodina I.V. residential premises at the address: Bogdanovich, st. Timiryazeva, 1-2, apt. 125 with a total area of ​​17.3 sq.m. On March 15, 2019, Vojvodina signed a social employment contract No. 10. In connection with the foregoing, the plaintiff believes that as a result of the execution of the decision of the Bogdanovichi City Court dated ...

Judgment dated July 2, 2019 in case No. А55-20014/2018

Arbitration Court of the Volga District (FAS PO)

26.3 of the Federal Law of October 16, 1999 No. 184-FZ "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation", Article 17 of the Federal Law of November 24, 1995 No. 181-FZ "On the Social Protection of Disabled Persons in the Russian Federation ", Articles 49, 51, 52, 57 of the Housing Code of the Russian Federation, regulations of the Samara ...

According to official data provided by the Federal State Statistics Service, as of November 2017, 12.7 million citizens with disabilities were registered in the Russian Federation. Of them:

• 1st group - 1,400,000 people;
• 2 groups - 6,300,000;
• 3 groups - 4,600,000.

These citizens belong to the socially vulnerable segments of the population. Because of this vulnerability to society, they require special protection from the state. For this purpose, a Federal Law No. 181. But what is this regulation? What are the rights of people with disabilities under Federal Law 181? What are the significant modifications of the law under consideration introduced to it during 2017? Which articles have been amended? Let's talk about it in the article.

What is a law?

Federal Law "On the Social Protection of Disabled Persons in the Russian Federation" N 181-FZ was adopted by the State Duma in the official third reading on July 20, 1995. The normative act under study was approved by the Federation Council on November 15 of the same year. The signing of the Federal Law under consideration by the President of the Russian Federation and the official publication of this document were carried out on November 25, 1905.

The federal law "On the Social Protection of the Disabled in the Russian Federation" consists of 6 chapters and 36 articles. The structure of the studied normative act is as follows:

• Chapter 1 - General and introductory provisions (art. 1-6);
• Chapter 2 - Principles of medical and social expertise (Art. 7-8);
• Chapter 3 - Rehabilitation funds for citizens with disabilities (art. 9-12);
• Chapter 4 - Problems of ensuring the life of the disabled (Art. 13-32);
• Chapter 5 - Regulations of this Federal Law on the creation of public associations of people with disabilities (Art. 33-34);
• Chapter 6 - Final provisions of the Federal Law under consideration (35-36).

The law on the social protection of disabled people to ensure the legal equality of citizens of the Russian Federation, regardless of their state of health. Federal Law No. 181 contains provisions that provide people with disabilities with access to activities in the field of economics, politics and social relations. The provisions of the normative act under study ensure the right of persons with disabilities to medical care as well as rehabilitation activities.

Like other federal laws of the Russian Federation, Federal Law 181 regularly undergoes significant amendments. The text of the normative act under study was last updated on October 30, 2017.

The rights of disabled people under Federal Law 181

rights of the disabled, according to this law FZ 181, are as follows:

• for social benefits;
• To provide specialized medical care;
• To provide funds for rehabilitation and life support;
• For additional quotas for employment;
• To receive education in a general or special system (depending on the state of health);
• For monthly financial assistance from the state;
• On unhindered access to sources of information;
• Help in everyday life;
• To create communities of people with disabilities;
• On social and economic support from state bodies.

According to the regulations article 32 of the federal law being studied, a physical or entity who violated the rights of persons with disabilities is called for administrative or criminal liability, depending on the severity of the crime committed. All disputes regarding violations of the norms of Federal Law 181 are resolved in court.

What changes have been made?

Any normative legal act regularly undergoes a procedure for updating its own text. This procedure necessary to ensure the legitimacy of the document in the constantly changing social and legal conditions in modern Russia.

Last changes in the Federal Law "On the Social Protection of the Disabled in the Russian Federation" N 181-FZ were introduced October 30, 2017. The Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation” became the amending document. The regulation of article 3 of Federal Law 181 amends article 17, paragraph 13 Federal Law No. 181. The text of the article in question in the new edition states that when providing housing to the disabled, benefits for the provision of thermal energy have been abolished.

It is worth paying attention to the following significant amendments introduced to the regulations of the normative act in question at different times:

• Art. eleven, last amended on December 1, 2012. This article deals with the provision of an individual rehabilitation / habilitation program for persons with special needs. As amended, the provision rehabilitation equipment and other means is the direct responsibility of local governments. If such services are not provided to a disabled person, or he paid for the procedures or medicines at his own expense, he is paid appropriate compensation;
• Art. 15, latest revision - December 01, 2014. The text of the part of Federal Law No. 181 under study, as amended, states that citizens with disabilities should not be hindered in terms of access to social, engineering and transport infrastructures. For this purpose, auxiliary means (such as a ramp and a traffic light with additional sound accompaniment) should be installed;
• Art. 23, amended on 09 June 2001. According to the regulations of this article, special working conditions must be created for people with disabilities. Thus, the duration of working time for a person with a disability of group 1 or 2 is no more than 35 hours per week. Full wages are retained. According to the federal law under consideration, persons with disabilities are entitled to annual leave of at least 30 days. If the specifics of the position do not involve enhanced physical labor, disability is not a legitimate reason for refusing to hire an employee.
• Art. 28, as amended March 7, 2017. This article in the edition under study contains the standards of social services for people with disabilities. According to the amendments, the procedure for providing people with disabilities with technical aids is determined by the Government of the Russian Federation.

The following amendments to the normative act under study are scheduled for December 2017.

Download the current version of the law

Persons interested in a more detailed study of the act in question are advised to familiarize themselves with the text of the Federal Law on the Social Protection of Persons with Disabilities in the latest edition. Download FZ 181 with the changes valid for the period of November 2017, you can follow the following

Federal state authorities, state authorities of the constituent entities of the Russian Federation, local governments (within the scope of established powers), organizations, regardless of their organizational and legal forms, provide disabled people (including disabled people using wheelchairs and guide dogs):

Judicial practice under article 15 of the Federal Law of November 24, 1995 No. 181-FZ

Decision dated June 27, 2019 in case No. А33-9040/2018

Arbitration Court of the Krasnoyarsk Territory (AC of the Krasnoyarsk Territory)

City of Krasnoyarsk (hereinafter referred to as the defendant) on the recognition of illegal actions to identify, publish in the newspaper "Gorodskiye Novosti" No. 41 (3650) dated 04/06/2018 on page 22, line 15 and inclusion in the list of objects that must be dismantled within 7 days , the pavilion of IP Kharitonov A.S., with a total area of ​​23.7 sq. m., at the address: Krasnoyarsk, ...

Decision No. 21-214/2019 dated June 24, 2019 in case No. 21-214/2019

Court of Appeal of the city of Sevastopol (City of Sevastopol) - Administrative offenses

In open court session in the premises of the court (Sevastopol, Suvorova st., 20) the complaint of H.A. on the decision of the judge of the Leninsky District Court of the city of Sevastopol dated May 15, 2019, issued on the basis of a complaint by N.A. on the decision of the inspector of the traffic police department of the traffic police of the Ministry of Internal Affairs of Russia for the city of Sevastopol, senior police lieutenant D.Kh. No. February 13...

Decision No. 21-523/2019 7-523/2019 dated June 21, 2019 in case No. 21-523/2019

Astrakhan regional court (Astrakhan region) - Administrative offenses

On Administrative Offenses establishes administrative liability for violation of the rules for stopping or parking vehicles in places designated for stopping or parking vehicles of disabled people. Article 15 of Federal Law N 181-FZ "On the Social Protection of Disabled Persons in the Russian Federation" provides that at each parking lot (stop) of vehicles, including near trade enterprises, ...

Judgment dated June 19, 2019 in case No. А33-24978/2018

Third Arbitration Court of Appeal (3 AAS)

Being its integral part. By virtue of clause 1.2. contract, the term of the contract is set until 28.11.2016. According to paragraph 2.2.10, within 15 days after the expiration of the contract or from the moment of termination of the contract for other reasons, dismantle the temporary structure with the restoration of the improvement of the relevant territory. Additional agreement dated 22.02....

Decision No. 21-647/2019 7-1177/2019/21-647/2019 dated June 19, 2019 in case No. 21-647/2019

Perm regional court (Perm region) - Administrative offenses

The current legislation has the right to free parking of the vehicle, the sign "Disabled" was installed on the windshield in the right corner, then in accordance with Art. 15 of the Federal Law of November 24, 1995 No. 181-FZ "On the Social Protection of Disabled Persons in the Russian Federation" at each parking lot (stop) of vehicles, including near social facilities, ...