On January 1, 2015, the Federal Law of December 28, 2013 came into force. No. 442-FZ “On the fundamentals social services citizens in the Russian Federation" (hereinafter referred to as Federal Law No. 442-FZ)

According to Federal Law No. 442-FZ, social services are provided to recipients in the following forms:

Inpatient social services;

Semi-stationary social services

Social services at home.

To receive social services, a citizen or his legal representative must submit an application in writing or electronically.

The application can be submitted at the place of registration in:

Social protection authority at the place of residence (registration);

Multifunctional Center;

Portal of state and municipal services.

The following documents are provided along with the application:

1 Passport or other identification document;

2 Document confirming place of residence in the Moscow region;

3 Documents confirming the income of the citizen and family members in cash;

4 Extract from the house register;

5 Extract from financial personal account

6 Certificate from a medical organization about the citizen’s health status;

7 Individual rehabilitation program for a disabled person (only for disabled people and disabled children).

Within 5 working days from the moment a citizen submits an application, the Commission for Recognizing Citizens in Need of Social Services makes one of the following decisions:

Recognize those in need of social services;

Refuse to recognize those in need of social services.

After recognizing a citizen as needing social services, the social protection body at the place of residence draws up and transfers to the citizen or his legal representative within no more than 10 working days from the date of filing the application an individual program for the provision of social services (IPSSU), which indicates the types of social services, and also recommended social service providers.

An agreement on the provision of social services is concluded within 24 hours from the moment a citizen or his legal representative contacts a social service provider.

1. Minor children;

4. Women in crisis.

1. Minor children;

2. Persons injured as a result emergency situations, armed ethnic conflicts;

3. Legal representatives of disabled children;

4. Citizens whose average per capita income is lower than or equal to the established subsistence minimum per capita established in the Moscow region.

1. Minor children;

2. Persons affected by emergency situations, armed ethnic conflicts;

3. Single disabled people (single married couples), single elderly citizens (single married couples) from among: disabled people of the Great Patriotic War or participants of the Great Patriotic War, spouses of deceased disabled people or participants of the Great Patriotic War, former minor prisoners of fascism, persons awarded the “Resident” badge besieged Leningrad", persons awarded the medal "For the Defense of Moscow", Heroes Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory, Heroes of Socialist Labor, Heroes of Labor of the Russian Federation and full holders of the Order of Labor Glory, disabled combatants;

4. Legal representatives of disabled children;

5. Citizens whose average per capita income is lower than or equal to the established subsistence minimum per capita established in the Moscow region.

Inpatient social services:

1. Veterans of the Great Patriotic War and persons equivalent to them - no more than 50% of the average per capita income of the recipient of social services;

Semi-stationary social services:

4. 30% of the cost of services provided - to citizens with an average per capita income from two and a half times to three times the subsistence level; 5. for recipients with an average per capita income over three times the subsistence level, payment is established in the amount of the full cost of the social services provided.

Social services at home:

1. 10% of the cost of services provided - to citizens who are veterans of the Great Patriotic War and persons equivalent to them;

2. 10% of the cost of services provided - to citizens with an average per capita income from one and a half to two times the subsistence level;

3. 20% of the cost of services provided - to citizens with an average per capita income from two to two and a half times the subsistence level;

4. 30% of the cost of services provided - to citizens with an average per capita income from two and a half times to three times the subsistence level; For recipients with an average per capita income over three times the subsistence level, payment is established in the amount of the full cost of the social services provided.

Explanatory note
to the draft bill on amendments to
Federal Law of December 28, 2013 N 442-FZ
« On the basics of social services for citizens
In Russian federation"

(as amended on October 20, 2014)

Federal Law No. 442-FZ of December 28, 2013 “On the fundamentals of social services for citizens in the Russian Federation,” according to its Article 37, comes into force on January 1, 2015.

As is clear from the explanatory notes and comments to it, the provisions of the Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation” systematize and regulate the actual practice of organizing social services for the population in the constituent entities of the Russian Federation.

At the same time, Federal Law No. 442 introduces unconstitutional norms that infringe on the integrity of privacy, inviolability of the home (Part 1 of Article 23 of the Constitution of the Russian Federation, Parts 1, 2 of Article 137 of the Criminal Code of the Russian Federation), allowing arbitrary interference in family affairs (Article 1 of the Family Code of the Russian Federation), and, in addition, beyond the scope of the subject legal regulation of this Law, stated in its articles 1-3.

1. In article 3 « Basic concepts used in this Federal Law”, the concept of prevention is given:

“6) prevention of circumstances that determine the need for social services - a system of measures aimed at identifying and eliminating the causes that served as the basis for the deterioration of citizens’ living conditions, reducing their ability to independently provide for their basic life needs.”

Article 29 of the Federal Law No. 442 establishes that the prevention of circumstances that determine a citizen’s need for social services, including, is carried out by “ examinationsconditionslife activity of a citizen, determining the reasons,influencing the deterioration of these conditions".

The law does not indicate that the relevant authorities should begin preventive measures after a citizen applies for any help to the social service authorities. Consequently, the bodies of interdepartmental interaction in accordance with adopted by law will have the right to enter homes, conduct an “examination”, “identify the causes” even before the occurrence of circumstances giving the right to social services, which can be regarded in no other way than “collection, storage, use and dissemination of information about a person’s private life without his consent”, and this is directly prohibited by Part 1 of Article 24 of the Constitution of the Russian Federation.

The validity of such fears is confirmed by the statement of Nelly Strutinskaya, Commissioner for Children’s Rights in the Komi Republic : “I believe that any family (not only at social risk) should be under the close attention of the relevant authorities in order to provide timely assistance ( http://www.kzsrk.ru/news/3901/).

Meanwhile, in article 15 « Recognition of a citizen in need of social services” there is not a single specific circumstance that could be prevent by means of the measure specified in subparagraph 1, paragraph one of Article 29. It is impossible by examining living conditions to prevent old age, disability, illness, loneliness, orphanhood, poverty, unemployment, lack of a specific place of residence, neglect, conflicts, abuse, difficulties in social adaptation.

To prevent these circumstances specified in the law, which are the basis for providing a citizen with social services, a set of measures is necessary in the field of economics, culture, education, medicine, safety precautions and others. However, the conclusion of the Government of the Russian Federation states that this law does not require additional funding, which means that funding “for prevention” is not included in the new law.

The danger of the proposed norm is obvious: under a plausible pretext, total control over citizens is introduced in order to increase the coverage of the population with social services, and, consequently, to obtain more funding for organizations providing these services. It is clear that the state cares not so much about the recipients of social services, but about the providers of social services.

The bill proposes to exclude subparagraph 1 of paragraph one of Article 29 from Federal Law No. 442.

2. Subparagraph 5 of paragraph one of Article 15 “Recognition of a citizen in need of social services” will also contribute to total control over the population, which, as a circumstance that worsens or can worsen the living conditions of a citizen, entailing the need for social services, indicates

“5) the presence of an intra-family conflict, including with persons with drug or alcohol addiction, persons addicted to gambling, persons suffering from mental disorders, presence of domestic violence.”

But " hthrough overcoming variousconflicts In family interaction, both spouses and children develop the ability to overcome life’s difficulties, as well as the ability to bear responsibility for their behavior in the family and in society. There are no conflict-free families, because...conflicts inevitably arise in the dynamics of marital and parent-child relationships. Without them, the development of the individual and the family as a whole is impossible. Family well-being does not depend on the absenceconflicts , but from developing the ability to overcome them and cope with them in all family members. It should be concluded that there are conflicts with any family. Conflicts can both aggravate crises and resolve them, but social services should not interfere in them, because No measures taken by social workers can reduce conflict in the family, and outside intervention can only increase it.”(from the opinion of expert psychologist, Candidate of Psychological Sciences Kunitsa M.Yu).

In themselves, “conflicts” in the family, even with antisocial persons, cannot be the object of attention of anyone other than the parties to the conflict. And drug and alcohol addiction, gambling addiction, mental illness, cannot be eliminated by social service measures regulated in Federal Law 442, patients need treatment. In addition, medical diagnoses of diseases that citizens suffer from are medical secrets (Article 13 of the Law of November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”), protected by laws, including Article 137 of the Criminal Code of the Russian Federation (violation of privacy), Article 10 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”. Dissemination of information about diseases by family members without the consent of the patient in the absence of any threat to the life and health of others may also be punishable by law. At the same time, neither the patient himself nor his family members are deprived of the opportunity, if necessary, to apply for medical care to the relevant organizations.

The concept of violence is not deciphered in the article, which carries the risk of a broad interpretation of the law and violation of the rights of citizens. Meanwhile,

« In the psychological, pedagogical and forensic literature there are several classifications of various types of violence.

Psychological violence in the family is considered to be any requirement or rule that is fulfilled without desire, as well as everything that leads to coercion and submission - forced execution of the will of another person. In the family, in marital and child-parent relationships, situations inevitably arise that require the fulfillment of family and social norms, rules and agreements, which are often carried out unwillingly, forcedly or through concessions and compromises.

In each family, depending on cultural, spiritual traditions, family rules brought by spouses from parental relationships into their family, one of them takes on the role of head of the family and establishes new rules by which the married couple lives and is raised
children. Raising children is built on demands, concessions, compromises, rewards and punishments and is based on the formation of responsibility in all family members through overcoming marital and child-parent conflicts and submission to family authorities (father and mother).”(from the same expert report) .

Thus, psychological violence should be excluded from the scope of Federal Law No. 442, as it poses a potential threat to intervention in family relationships on the part of interdepartmental interaction bodies.

Since physical or sexual violence in the family may constitute circumstances requiring social services, for example in the form of shelter for mother and child, subparagraph 5 of paragraph one of Article 15 should be stated in a different wording, leaving them among the circumstances that worsen or may worsen the living conditions of a citizen.

3. As excessive and unjustified, contrary to paragraph two of Article 3, endlessly expanding the scope of interference in the personal space of a citizen, subparagraph 8 of paragraph one of Article 15 is subject to exclusion, since not every deterioration in a citizen’s living conditions (for example, a decrease in wages, reduction in living space, etc.) is directly related to the inability to independently provide for one’s basic living needs and requires the provision of social services.

The implementation from January 1, 2015 of these norms, which allow intrusion into a home and collection of information about private life without the consent and application of a citizen, or without a court decision, for “prevention purposes,” will entail a massive violation of the rights of citizens. Whereas article 55 The Constitution of the Russian Federation provides.

Law on the Fundamentals of Social Services in the Russian Federation of December 28, 2013 N 442-FZ Adopted State Duma December 23, 2013 and comes into force January 1, 2015. This law is intended to replace the old laws dated August 2, 1995 N 122-FZ "On social services for elderly citizens and disabled people" and dated December 10, 1995 N 195-FZ "On the fundamentals of social services for the population in the Russian Federation", which, respectively, from 1 January 2015 will become invalid.

In accordance with the new law in the field of social In providing services to the population, emphasis is placed on prevention and an individual approach.

The law prescribes the principles, conditions and procedure for the provision, as well as the composition and content of social services. The grounds for recognizing citizens as needing social services are determined. This is the presence of circumstances that worsen or may worsen a person’s living conditions. For example, partial or complete loss of the ability to self-care and/or move; the presence in the family of a disabled person who needs constant care; intra-family conflicts; violence in family; homelessness of minors; lack of a specific place of residence, work and means of subsistence.

The law does not contain the concept of “difficult life situation,” as was previously established by the 1995 Law “On the Fundamentals of Social Services for the Population.” Instead, the circumstances under which citizens are recognized as in need of social services are clearly established (Article 15 of the Law):

1. Complete or partial loss of the ability or ability to provide self-care, move independently, or provide basic life needs due to illness, injury, age or disability;
2. The presence in the family of a disabled person or disabled people, including a disabled child or disabled children who need constant outside care;
3. The presence of a child or children (including those under guardianship or guardianship) experiencing difficulties in social adaptation;
4. Lack of opportunity to provide care (including temporary care) for a disabled person, child, children, as well as lack of care for them;
5. The presence of intra-family conflict, including with persons with drug or alcohol addiction, persons addicted to gambling, persons suffering from mental disorders, the presence of domestic violence;
6. Absence of a specific place of residence, including for a person who has not reached the age of twenty-three and has completed his stay in an organization for orphans and children left without parental care;
7. Lack of work and livelihood;
8. The presence of other circumstances that are recognized by the regulatory legal acts of the constituent entity of the Russian Federation as worsening or capable of worsening the living conditions of citizens.

The basis for providing social service may be an application from the citizen himself, his legal representative, as well as other persons, for example, authorities and public associations.

Upon receipt of an application, the authorized body of a constituent entity of the Russian Federation makes a decision to recognize the citizen as in need of social services or to refuse social services within five working days from the date of filing the application. ABOUT the decision taken the applicant must be informed in writing or electronic form. The decision to provide urgent social services is made immediately.

A decision to deny social services can only be appealed in court, since the law does not essentially provide for an administrative appeal procedure.

The law places emphasis on preventing citizens from needing social services. service.

In accordance with Art. 9 citizens are guaranteed the right to free visits by legal representatives, lawyers, notaries, representatives of public and (or) other organizations, clergy, as well as relatives and other persons during the daytime and evening time. This is a significant difference from the law of August 2, 1995 N 122-FZ “On social services for elderly citizens and the disabled,” which did not stipulate evening hours, which led to a severe limitation of the time of visits by the administration of social institutions.

The principle of implementing social services based on individual need for social services. services. The latter can be provided, as before, in hospital, semi-inpatient conditions and at home.

The development of an individual program for the provision of social services is provided. services. This is one of the novelties of the law. An individual program is a document that specifies the form of social services, types, volume, frequency, conditions, terms for the provision of social services, a list of recommended providers of social services, as well as social support measures (Article 16).

In accordance with Art. 16. before providing social services. services, an Individual Program must be formed, which is a document that specifies:

• form of social services, types, volume, frequency, conditions, terms of provision of social services,
• list of recommended social service providers,
• social support activities.

An individual program is drawn up based on the needs of a particular citizen for social services, and is revised depending on changes in this need, but at least once every three years. The revision of the individual program is carried out taking into account the results of the implemented individual program. An individual program for a citizen or his legal representative is of a recommendatory nature, but for a social service provider it is mandatory.

Just like the old law, the maximum amount of payment for social services is limited. services. At the same time, it is stipulated that the new conditions for the provision of social services. services should not worsen the situation of those currently entitled to them. In particular, this should not lead to an increase in fees for services for these persons.

The law provides that if the place of residence of the recipient of social services changes, the individual program drawn up at the previous place of residence remains in effect, but within the scope of the list of social services established in the constituent entity of the Russian Federation at the new place of residence. This is, to a certain extent, an important norm, since it at least somehow regulates the situation in cases of change of residence outside the subject - the region of the recipient of social benefits. help. Although it is difficult to call it sufficient due to the too large gap in the standard of living in different regions RF.

The concept of “social support” is introduced, which is understood as providing assistance to citizens, if necessary, in obtaining the necessary medical, psychological, pedagogical, legal, social assistance.

Social support is carried out by attracting organizations providing such assistance on the basis of interdepartmental interaction in accordance with Article 28 of this Federal Law. Activities for social support are reflected in the individual program and, in the order of interdepartmental interaction, are carried out on the basis of the regulations for interdepartmental interaction, which determine the content and procedure for the actions of the authorities state power subject of the Russian Federation.

Based on the provisions of the above article, we can conclude that the system of social support in the law does not have clear regulation. Already at this stage, social service workers are expressing opinions that this greatly narrows the concept of social support down to simply issuing a referral or information on where the social assistance required by the recipient of the service is provided.

When providing social services, it is now necessary to conclude an appropriate agreement on the provision of social services, concluded between the provider of social services and the citizen or his legal representative within 24 hours from the date of submission of the individual program to the provider of social services. (Article 17)

The essential terms of the contract for the provision of social services are the provisions defined individual program, as well as the cost of social services if they are provided for a fee or partial payment.

Without drawing up a contract, only urgent social services can be provided.

Urgent social services include:

1. Providing free hot meals or food packages;
2. Providing clothing, shoes and other basic necessities;
3. Assistance in obtaining temporary housing;
4. Assistance in obtaining legal assistance in order to protect the rights and legitimate interests of recipients of social services;
5. Assistance in obtaining emergency psychological assistance with the involvement of psychologists and clergy in this work;
6. Other urgent social services.

And in Art. 19 defines the basic conditions that must be met when providing social services in a semi-stationary form or in a stationary form must be ensured:

1. The ability to accompany the recipient of social services when moving around the territory of a social service organization, as well as when using the services provided by such an organization;
2. The ability to independently move around the territory of a social service organization, enter, exit and move within such an organization (including for movement in wheelchairs), for recreation in sitting position, as well as accessible placement of equipment and storage media;
3. Duplication text messages voice messages, equipping a social service organization with signs made in embossed dotted Braille, familiarizing them with inscriptions, signs and other text and graphic information on the territory of such an organization, as well as the admission of a sign language interpreter, the admission of guide dogs;
4. Duplication of voice information with text information, inscriptions and (or) light signals, informing about provided social services using Russian sign language (sign language interpretation), permission of a sign language interpreter;
5. Providing other types of outside assistance.

It is very important to specify such requirements in the law. However, it is unlikely that they will be fully implemented by the system of social service institutions in the coming years, given the state of hundreds of such institutions in regions where the authorities are not even able to bring them into a state that meets basic safety requirements. It seems that in this case a transition period is needed, otherwise the law will not be implemented due to the need for colossal material investments. In their absence the law will be dead

To provide social services will be attracted by non-governmental organizations. Both commercial and non-commercial. Public control is being introduced in the social sphere. service. A social service provider can be anyone entity regardless of its organizational and legal form and (or) individual entrepreneur providing social services.

According to the new law, boards of trustees must be created in state social service organizations. The structure, procedure for formation, term of office, competence of the board of trustees and the procedure for making decisions are determined by the charter and on the basis of the approximate regulations on the board of trustees of a social service organization.

The composition of information on the results of an independent assessment of the quality of service provision by social service organizations and the procedure for posting it on the official website for posting information about state and municipal institutions on the Internet are determined by the federal executive body authorized by the Government of the Russian Federation.

Information about the result of the inspection is posted by local governments on their official websites and the official website for posting information about state and municipal institutions on the Internet.

Article 30 Establishes that the provider or providers of social services are paid compensation in the amount and in the manner determined by the regulatory legal acts of a constituent entity of the Russian Federation if a citizen receives social services provided for by an individual program. Compensation is paid only to social service providers who are included in the register of social service providers of a constituent entity of the Russian Federation, but do not participate in the implementation of the state order.

Article 34 introduces public control in the field of social services, which is carried out by citizens, public and other organizations in accordance with the legislation of the Russian Federation on the protection of consumer rights. State authorities of the constituent entities of the Russian Federation, within the established competence, provide assistance to citizens, public and other organizations in exercising public control in the field of social services.

October 25, 2010, speaking at a meeting of the presidium State Council on social policy regarding older citizens, Dmitry Medvedev, who held the post of president at that time, took the initiative to prepare a new law on social services. “One of the tasks of today’s Presidium of the State Council is to summarize and disseminate what is called the best regional practices. Moreover, it [ new law. – Red.] may concern not only older people, but also the entire population of our country,” the politician said then.

And such a law was adopted, and on January 1, 2015 it came into force (Federal Law of December 28, 2013 No. 442-FZ "" (hereinafter referred to as the new law). Moreover, most of the acts previously regulating social services for citizens , has lost force. In particular, the Federal Law of December 10, 1995 No. 195-FZ " " (hereinafter referred to as the old law) and the Federal Law of August 2, 1995 No. 122-FZ " ".

Let's consider what changes citizens need to keep in mind in connection with the entry into force of the new law.

The concept of “recipient of social services” was introduced

On January 1, the term “social service client” () disappeared from the legislation, and the concept “recipient of social services” () was introduced instead. A citizen can be recognized as a recipient of social services if he is in need of social services and is provided with social services.

A citizen is recognized as in need of social services if at least one of the following circumstances exists:

• complete or partial loss of the ability for self-care, independent movement, or provision of basic life needs due to illness, injury, age or disability;
• the presence in the family of a disabled person or disabled people who need constant outside care;
• the presence of a child or children experiencing difficulties in social adaptation;
• impossibility of providing care for a disabled person, child, children, as well as lack of care for them;
• domestic violence or intra-family conflict, including with persons with drug or alcohol addiction, gambling problems, or those suffering from mental disorders;
• lack of a specific place of residence;
• lack of work and livelihood;
• the presence of other circumstances that are recognized at the regional level as worsening or capable of worsening the living conditions of citizens ().

Now information about recipients of social services is entered into a special register. Its formation is carried out by the subjects of the federation on the basis of data provided by social service providers ().

Until January 1, 2015, social services were provided to citizens in difficult life situations - the new law does not contain such a term, which makes the list of grounds for receiving assistance more unambiguous. The old law understood difficult life situation a situation that objectively disrupts the life of a citizen, which he cannot overcome on his own. Usually this meant disability, inability to self-care due to old age, illness, orphanhood, neglect, poverty, unemployment, lack of a specific place of residence, conflicts and abuse in the family, loneliness, etc. ().

OPINION

"In order for the new law to work, each region must adopt 27 regulatory documents. We monitored the readiness of the regions to adopt the new law. By mid-December 2014, only 20 regions had adopted the entire necessary regulatory framework, 20 regions had adopted less than half, the rest - about half. Every day we try to do everything possible to speed up the adoption of the necessary documents by the regions."

Social service provider identified

The list of types of social services has been expanded

The new law has changed the approach to the content of the list of social services provided. Until December 31, 2014, citizens could receive material and advisory assistance, temporary shelter, social services at home and in inpatient institutions, and also had the right to daytime stay in social service institutions and rehabilitation services ().

After the new law comes into force, citizens can count on providing them with the following types social services:

• social and domestic;
• socio-medical;
• socio-psychological;
• socio-pedagogical;
• social and labor;
• social and legal;
• services to increase the communicative potential of recipients of social services with disabilities;
• urgent social services ().

Urgent social services include the provision of free hot meals or food packages, clothing, shoes and other essential items, assistance in obtaining temporary housing, provision of legal and emergency psychological assistance, as well as other urgent social services (). A citizen can count on receiving such services within the time frame determined by his need. At the same time, from January 1 of this year, citizens lost the opportunity to receive material assistance in the form of cash, fuel, special vehicles, as well as rehabilitation services that they could have received earlier ().

The procedure for calculating fees for receiving social services has been established

As before, social services can be provided free of charge or for a fee ().

• minors;
• persons affected by emergency situations, armed international (interethnic) conflicts;
• persons with an income equal to or lower than the average per capita income established by the region for the provision of social services free of charge (when receiving social services at home and in a semi-stationary form). Moreover, the amount of such income cannot be lower than one and a half times the regional subsistence minimum.

In addition, in the subjects of the federation there may be other categories of citizens to whom social services are provided free of charge ().

As we can see, unemployed citizens are excluded from the number of persons entitled to free social services (if such a category of citizens is not provided for by the law of the subject of the federation).

Previously, in order to receive free social services for single citizens, the sick, pensioners and disabled people, they needed to have an average per capita income below the regional subsistence level ().

Let's look at an example. The cost of living in the Moscow region for the third quarter of 2014 for pensioners was 6,804 rubles. (Decree of the Government of the Moscow Region dated December 10, 2014 No. 1060/48 ""). This means that before January 1, for example, a single pensioner from the Moscow region with an income of less than 6,804 rubles could apply for a free social service. per month. After the new law comes into force, the amount of income that allows you to qualify for free social services cannot be lower than one and a half times the regional subsistence level. Now, to receive a free social service, all other things being equal, the monthly income of a single pensioner must be 10,206 rubles. or less (1.5 x 6804 rubles) (Law of the Moscow Region dated December 4, 2014 No. 162/2014-OZ "").

For those who are not eligible to receive free social services, there is a fee for their provision. Its amount for services at home and in semi-stationary form is now calculated on the basis of tariffs for social services, but cannot exceed 50% of the difference between the average per capita income of the recipient of social services and the maximum per capita income established by the region. The monthly fee for the provision of social services in a stationary form is calculated on the basis of tariffs for social services, but cannot exceed 75% of the average per capita income of the recipient of social services ().

EXAMPLE

According to the new law, we will calculate the maximum tariff for social services in a semi-stationary form for a single pensioner from the Moscow region with a monthly income of 12 thousand rubles. Payment for social services at home and in semi-stationary form is calculated on the basis of tariffs for social services, but cannot exceed 50% of the difference between the average per capita income of the recipient of social services and the maximum per capita income. The average per capita income of a pensioner is 12 thousand rubles. (only the size of his pension is taken into account, since there are no other family members with income), limit value The average per capita income for a single pensioner from the Moscow region is 10,206 rubles.

Therefore, the maximum tariff for social services should be calculated using the following formula:

(RUB 12,000 - RUB 10,206) x 50% = RUB 897

Thus, from January 1, 2015, the tariff for social services provided to a pensioner at home and in a semi-stationary form cannot exceed 897 rubles. This value will change if the pensioner requires hospital treatment. The monthly fee for the provision of social services in a stationary form is calculated on the basis of tariffs for social services, but cannot exceed 75% of the average per capita income of the recipient of social services.

The formula for calculating the tariff will be as follows:

12,000 rub. x 75% = 9000 rub.

Thus, the tariff for treatment in a hospital cannot be more than 9,000 rubles. per month.

Previously, the amount of fees for social services and the procedure for their provision were regulated by government bodies of the constituent entities of the federation and directly by social services ().

The procedure for receiving social services has been changed

From the beginning of this year, in order to receive social services, a citizen must submit an application. Previously, social services were provided on the basis of an appeal - including an oral one - from a citizen, his guardian, trustee, other legal representative, government body, local government, public association (). An application for social services can be written by the citizen himself, his representative or another person (body) in his interests (). You can also submit an application by sending an electronic document, which was not provided for in the previous law.

An individual program for the provision of social services is drawn up with each recipient of social services. It specifies the form of social services, types, volume, frequency, conditions, terms of provision of social services, a list of recommended providers of social services, as well as social support measures. This program is mandatory for the social service provider and recommended for the citizen himself. In other words, the recipient of assistance can refuse some service, but the provider is obliged to provide it at the request of the recipient.

The program is drawn up within no more than 10 working days from the date of submission of the application for social services, and is revised at least once every three years (). Urgent social services are provided without drawing up an individual program (). Previously, the preparation of such programs was not provided for.

After drawing up an individual program and selecting a social services provider, the citizen must enter into an agreement with the provider on the provision of social services (). The contract must stipulate the provisions determined by the individual program, as well as the cost of social services if they are provided for a fee.

OPINION

Galina Karelova, Deputy Chairman of the Federation Council:

“The new law will increase the number of citizens who can qualify for free social services. In addition, the quality, volume and efficiency of their provision will change. Previously, social services were provided based on a group approach. However, all citizens different needs, income, living conditions. Since January 1, 2015, social programs have been concluded with consumers of social services, which take into account all individual characteristics every consumer."

Social service organization identified

It is interesting that the new law spells out things that are obvious to everyone at first glance: providers of social services do not have the right to limit the rights of recipients of social services; use insults, rude treatment; place disabled children who do not suffer from mental disorders in inpatient organizations intended for disabled children who suffer from mental disorders, and vice versa ().

However, it was still worth emphasizing such prohibitions. For example, numerous cases in Russia of healthy children being placed in organizations for disabled children suffering from mental disorders were noted in a report by the international human rights organization Human Rights Watch in 2014.

The approach to financing social services is fundamentally new. According to the old law, social services were provided to citizens at the expense of the budgets of the constituent entities of the federation (). In this regard, depending on the region, the volumes of social assistance provided varied greatly. From January 1, 2015, social services are financed from the federal budget, charitable contributions and donations, citizens’ own funds (when providing social services for a fee), income from business and other income-generating activities carried out by social service organizations, as well as others not prohibited by law sources(). It is expected that this innovation will help equalize the volume of social services provided in different regions.

But there is also a fly in the ointment in the new rules. Thus, the new law does not establish any requirements for staffing social services. Let us remind you that previously only specialists with professional qualifications could be social service workers. professional education, meeting the requirements and nature of the work performed, experience in the field of social services, and inclined by their personal qualities to provide social services ().

Social services for the population in the Russian Federation are regulated by Federal Law. It defines the legal and economic aspects this issue, as well as the powers of federal and regional bodies government authorities in this area. The rights and obligations of recipients and providers of relevant services are prescribed, as well as those categories of persons to whom this law applies.

Federal Law 195 Federal Law “On the Fundamentals of Social Services for the Population in the Russian Federation,” which was previously in force in this area, lost force with the adoption of the new law. Federal Law 442 was approved on December 28, 2013, came into force on January 1, 2015, from at this moment Federal Law 195 ceased to apply.

The current Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation” retains the succession of the previous document, but significantly expands the list of issues under consideration. Structurally, Federal Law 442 contains the following chapters:

• general provisions of the document;
• powers of federal and regional authorities;
• rights and obligations of recipients of legally regulated services;
• rights, obligations, as well as compliance with information transparency of suppliers;
• provision of social services, its organization, forms and types of services;
• financing the system of services provided and the conditions for their payment by citizens;
• state and public supervision and control.

In accordance with the general provisions, Federal Law 442 defines the following principles of provision services required by the population:

• respect for human rights;
• humanity;
• respect for human dignity and honor;
• equal and free access of citizens to social services;
• targeting;
• proximity of suppliers to the place of residence of citizens;
• formation of a sufficient number of suppliers to meet the needs of the population;
• creating a familiar and favorable environment for humans;
• voluntary use of the services provided;
• privacy and .

By Article 19 Federal Law 442 social services are provided at home, semi-permanently or in stationary form. In the first case, the supplier arrives at the place of residence of the applicant. Semi-stationary services imply the ability to access them during certain operating hours of the institution. Stationary is the residence of the recipient on the territory of the institution providing the services provided.

Types of social services under Article 20 of Federal Law 442 are defined by the following categories:

• household services aimed at supporting the livelihoods of citizens in housing matters;
• medical oriented towards ensuring and maintaining public health;
• psychological, ensuring adaptation to society and a comfortable state of citizens;
• pedagogical aimed at helping to organize the development of children and eliminate deviations in their behavior and adaptation to society;
• labor, problem solvers with employment;
• legal providing legal assistance;
• communicative, helping to establish contacts for those citizens who are limited in their life activities.

Types of social services include: urgent help in emergency and emergency situations.

Also in the Russian Federation there is a Federal Law on social services for elderly citizens and people with disabilities. You can find out more about this law

Download 442 Federal Law

Download Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation” 442-FZ Can . The document is presented in the latest edition with changes current as of August 2014. The text can be used by human rights activists, officials, as well as citizens who study their rights and responsibilities in depth.

Last changes

Changes to the Social Services Law were made only once - July 21, 2014 years, and entered into force together with the general text of the document January 1, 2015. The amendments affected the following provisions:

• part 1 Art. 7 And article 8 accordingly, clauses 7.1 and 24.1 were supplemented with the same content: “ creating conditions for organizing an independent assessment of the quality of service provision by social service organizations»;
• V article 13 Law 442 Federal Law, Part 2, introduced clause 12.1 on conducting an independent assessment of the quality of service provision; Part 4 was introduced on ensuring the technical ability for citizens to express their opinions on quality on official websites;
• added to the law Article 23.1.

Specified Article 23.1 Federal Law 442 regulates the organization and procedure for conducting an independent assessment of the quality of social services provided. This is defined as one of the forms of public control over the implementation of the provisions of the law. The evaluation criteria define the following principles:

• openness and accessibility of information;
• comfortable conditions;
• availability of required services;
• waiting time for social services;
• friendliness, politeness and competence of employees;
• citizen satisfaction with the services received.

An independent assessment is carried out by an authorized federal, regional or municipal executive body. Control is carried out in accordance with the prescribed norms of the legislation of the Russian Federation.