Fundamentals Act social services in the Russian Federation dated December 28, 2013 N 442-FZ Accepted 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 services to the population, the emphasis is on prevention and 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, 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 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 electronically. 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.

Development provided individual program providing social 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 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 determined by the 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) an 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.

RUSSIAN FEDERATION

THE FEDERAL LAW

On the basics of social services for the population in the Russian Federation *O)

(as amended as of July 21, 2014)

Lost force on January 1, 2015 on the basis
Federal Law of December 28, 2013 N 442-FZ
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Document with changes made:
(Russian newspaper, N 127, 07/13/2002);
(Rossiyskaya Gazeta, N 140, 07/31/2002);
(Rossiyskaya Gazeta, No. 5, 01/15/2003);
(Rossiyskaya Gazeta, No. 188, 08/31/2004) (for the procedure for entry into force, see);
(Rossiyskaya Gazeta, N 158, 07/25/2008) (came into force on January 1, 2009);
Federal Law of November 25, 2013 N 317-FZ (Official Internet portal of legal information www.pravo.gov.ru, November 25, 2013) (for the entry procedure, see);
(Official Internet portal of legal information www.pravo.gov.ru, 07/22/2014) (for the procedure for entry into force, see).

This Federal Law is in accordance with the Constitution of the Russian Federation, generally recognized principles and norms international law establishes the basis of legal regulation in the field of social services for the population in the Russian Federation.

Chapter I. General provisions

Article 1. Social services

Social services are the activities of social services for social support, provision of social, social, medical, psychological, pedagogical, social and legal services and material assistance, social adaptation and rehabilitation of citizens in difficult situations. life situation.

Article 2. Legislation of the Russian Federation on social services

The legislation of the Russian Federation on social services consists of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.

Article 3. Basic concepts

The following basic concepts apply in this Federal Law:

1) social services - enterprises and institutions, regardless of their form of ownership, providing social services, as well as citizens engaged in entrepreneurial activities in social services to the population without forming a legal entity;

2) social service client - a citizen who is in a difficult life situation, who is provided with social services in connection with this;

3) social services - actions to provide separate categories citizens in accordance with the legislation of the Russian Federation, a client of a social assistance service provided for by this Federal Law Federal Law of August 22, 2004 N 122-FZ;

4) difficult life situation - a situation that objectively disrupts the life of a citizen (disability, inability to self-care due to old age, illness, orphanhood, neglect, poverty, unemployment, lack of a specific place of residence, conflicts and abuse in the family, loneliness, etc. ), which he cannot overcome on his own.

Article 4. Social service systems

1. State system of social services - a system consisting of state enterprises and social service institutions that are the property of the constituent entities of the Russian Federation and are under the jurisdiction of state authorities of the constituent entities of the Russian Federation Federal Law of August 22, 2004 N 122-FZ.

. .

3. Social services are also provided by enterprises and institutions of other forms of ownership and citizens engaged in entrepreneurial activities in social services to the population without forming a legal entity.

4. The state supports and encourages the development of social services regardless of the form of ownership.

Article 5. Principles of social services

Social services are based on the principles:

1) targeting;

2) accessibility;

3) voluntariness;

4) humanity;

5) priority of providing social services to minors in difficult life situations;

6) confidentiality;

7) preventive orientation.

Article 6. State standards of social services

1. Social services must comply with state standards, which establish basic requirements for the volume and quality of social services, the procedure and conditions for their provision.

2. The establishment of state standards of social services is carried out in the manner determined by the state authorities of the constituent entities of the Russian Federation (clause as amended by Federal Law of July 10, 2002 No. 87-FZ; as amended by Federal Law of August 22, 2004 No. 122-FZ.

3. The clause became invalid on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ. .

Chapter II. Ensuring the right of citizens to social services

Article 7. The right of citizens to social services

1. The state guarantees citizens the right to social services in the state system of social services according to the main types defined by this Federal Law in the manner and under the conditions established by laws and other regulatory legal acts of the constituent entities of the Russian Federation (clause supplemented on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ. *7.1)

2. Social services are provided on the basis of an application from a citizen, his guardian, trustee, other legal representative, government body, local government body, public association.

3. Every citizen has the right to receive free information from the state system of social services about the opportunities, types, procedures and conditions of social services. *7.3)

4. Foreign citizens permanently residing in the Russian Federation have equal rights to social services with citizens of the Russian Federation, unless otherwise established by an international treaty of the Russian Federation (clause as amended, put into effect on October 31, 2002 by Federal Law of July 25, 2002 N 115-FZ. *7.4)

Article 8. Financial assistance

1. Material assistance is provided to citizens in difficult life situations in the form of cash, food, sanitation and hygiene products, child care products, clothing, shoes and other essential items, fuel, as well as special vehicles, technical means rehabilitation of disabled people and people in need of care. *8.1)

2. The grounds and procedure for providing financial assistance are established by the executive authorities of the constituent entities of the Russian Federation.

Article 9. Social services at home

1. Social services at home are provided by providing social services to citizens in need of permanent or temporary non-stationary social services. *9.1)

2. Single citizens and citizens who have partially lost the ability to self-care due to old age, illness, or disability are provided with assistance at home in the form of social, social, medical services and other assistance.

Article 10. Social services in inpatient institutions

Social services in inpatient social service institutions are carried out by providing social services to citizens who have partially or completely lost the ability to self-care and need constant outside care, and ensure the creation of living conditions appropriate to their age and health status, carrying out medical, psychological, social activities, nutrition and care, as well as organizing feasible labor activity, rest and leisure. *10)

Article 11. Provision of temporary shelter

Temporary shelter in specialized institution social services are provided to orphans, children without parental care, neglected minors, children in difficult life situations, citizens without a fixed place of residence and certain occupations, citizens affected by physical or mental violence, natural disasters, as a result of armed and interethnic conflicts, other social service clients in need of temporary shelter.

Article 12. Organization of day stay in social service institutions

In social service institutions in daytime social, social, medical and other services are provided to elderly and disabled citizens who have retained the ability for self-care and active movement, as well as other persons, including minors, who are in difficult life situations.

Article 13. Advisory assistance

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

Article 14. Rehabilitation services

Social services provide assistance in professional, social, psychological rehabilitation to people with disabilities, persons with disabilities, juvenile offenders, and other citizens who find themselves in difficult life situations and need rehabilitation services.

Article 15. Payment for social services

1. Social services are provided by social services free of charge and for a fee. *15.1)

2. Free social services in the state system of social services are provided on the grounds provided for in Article 16 of this Federal Law. The procedure for providing free social services is determined by state authorities of the constituent entities of the Russian Federation (clause as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ.

3. Paid social services in the state system of social services are provided in the manner established by the state authorities of the constituent entities of the Russian Federation (clause as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ.

4. The conditions and procedure for payment of social services in social services of other forms of ownership are established by them independently.

Article 16. Grounds for free social services in the state system of social services

1. Free social services in the state system of social services in the amounts determined by state standards of social services are provided:

1) citizens who are not capable of self-care due to old age, illness, disability, who do not have relatives who can provide them with help and care - if the average per capita income of these citizens is below the subsistence level established for the subject of the Russian Federation in which they live (subparagraph as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ; *16.1.1)

2) citizens who are in a difficult life situation due to unemployment, natural disasters, catastrophes, victims of armed and interethnic conflicts;

3) minor children in difficult life situations.

2. The clause became invalid on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ. .

Chapter III. Social service organization

Article 17. Social service institutions and enterprises

1. Social service institutions, regardless of their form of ownership, are:

1) comprehensive centers for social services for the population;

2) territorial centers for social assistance to families and children;

3) social service centers;

4) social rehabilitation centers for minors; *17.1.4)

5) assistance centers for children left without parental care; *17.1.5)

6) social shelters for children and adolescents; *17.1.6)

7) centers for psychological and pedagogical assistance to the population;

8) centers for emergency psychological assistance by telephone; *17.1.8)

9) social assistance centers (departments) at home; *17.1.9)

10) night stay homes; *17.1.10)

11) special homes for lonely elderly people; *17.1.11)

12) stationary social service institutions (boarding homes for the elderly and disabled, psychoneurological boarding schools, orphanages for mentally retarded children, boarding homes for children with physical disabilities); *17.1.12)

13) gerontological centers;

14) other institutions providing social services. *17.1.14)

2. Social service enterprises include enterprises that provide social services to the population.

3. The procedure for the creation, operation, reorganization and liquidation of social service institutions and enterprises, regardless of their form of ownership, is regulated civil law Russian Federation. *17.3)

Article 17_1. Independent assessment of the quality of service provision by social service institutions and enterprises

1. An independent assessment of the quality of service provision by social service institutions and enterprises is one of the forms of public control and is carried out in order to provide recipients of social services with information about the quality of service provision by social service institutions and enterprises, as well as in order to improve the quality of their activities.

2. An independent assessment of the quality of service provision by social service institutions and enterprises involves assessing the conditions for the provision of services according to such general criteria as openness and accessibility of information about the institution and the social service enterprise; the comfort of the conditions for the provision of social services and the availability of information about the institution and the social service enterprise; comfortable conditions for the provision of social services and accessibility of their receipt; waiting time for the provision of social services; friendliness, politeness, competence of employees of social service institutions and enterprises; satisfaction with the quality of service provision.

3. An independent assessment of the quality of service provision by social service institutions and enterprises is carried out in accordance with the provisions of this article. When conducting an independent assessment of the quality of service provision by social service institutions and enterprises, publicly available information about institutions and social service enterprises is used, including in the form of open data.

4. An independent assessment of the quality of service provision by social service institutions and enterprises is carried out in relation to state enterprises and social service institutions that are the property of the constituent entities of the Russian Federation and are under the jurisdiction of public authorities of the constituent entities of the Russian Federation, other institutions and social service enterprises, in the authorized capital of which there is a share of the Russian Federation, a subject of the Russian Federation or a municipal entity in the aggregate exceeds fifty percent, as well as in relation to other non-state institutions and social service enterprises that provide state and municipal social services.

5. In order to create conditions for organizing an independent assessment of the quality of service provision by social service institutions and enterprises:

1) the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of social services (hereinafter referred to as the authorized federal executive body), with the participation public organizations, public associations of consumers (their associations, unions) (hereinafter referred to as public organizations) forms a public council to conduct an independent assessment of the quality of service provision by social service institutions and enterprises and approves the regulations on it;

2) government bodies of the constituent entities of the Russian Federation, with the participation of public organizations, form public councils to conduct an independent assessment of the quality of service provision by social service institutions and enterprises located on the territories of the constituent entities of the Russian Federation, and approve regulations on them;

3) local government bodies with the participation of public organizations have the right to form public councils to conduct an independent assessment of the quality of service provision by social service institutions and enterprises located in the territories of municipalities, and approve regulations on them.

6. Indicators characterizing the general criteria for assessing the quality of service provision by social service institutions and enterprises specified in part four of this article are established by the authorized federal executive body with preliminary discussion at the public council.

7. By decision of the authorized federal executive body, government bodies of the constituent entities of the Russian Federation or local government bodies, the functions of public councils for conducting an independent assessment of the quality of service provision by social service institutions and enterprises may be assigned to the public councils existing under these bodies. In such cases, public councils for conducting an independent assessment of the quality of service provision by social service institutions and enterprises are not created.

8. The public council for conducting an independent assessment of the quality of services provided by social service institutions and enterprises is formed in such a way as to exclude the possibility of a conflict of interest. The composition of the public council is formed from among representatives of public organizations. The number of members of the public council cannot be less than five people. Members of the public council carry out their activities on a voluntary basis. Information about the activities of the public council is posted by the state authority or local government body under which it was created on its official website on the Internet information and telecommunications network (hereinafter referred to as the Internet).

9. An independent assessment of the quality of service provision by social service institutions and enterprises, organized by public councils for its implementation, is carried out no more than once a year and no less than once every three years.

10. Public councils for conducting an independent assessment of the quality of service provision by social service institutions and enterprises:

1) determine the lists of social service institutions and enterprises in respect of which an independent assessment is carried out;

2) formulate proposals for the development of technical specifications for an organization that collects, summarizes and analyzes information on the quality of services provided by social service institutions and enterprises (hereinafter referred to as the operator), take part in the consideration of draft documentation on the procurement of works, services, as well as government projects , municipal contracts concluded by an authorized federal executive body, government bodies of constituent entities of the Russian Federation or local government bodies with the operator;

3) establish, if necessary, criteria for assessing the quality of service provision by social service institutions and enterprises (in addition to the general criteria established by this article);

4) carry out an independent assessment of the quality of service provision by social service institutions and enterprises;

5) submit, respectively, to the authorized federal executive body, state authorities of the constituent entities of the Russian Federation, local government bodies the results of an independent assessment of the quality of service provision by social service institutions and enterprises, as well as proposals for improving the quality of their activities.

11. The conclusion of state and municipal contracts for the performance of work, the provision of services for the collection, compilation and analysis of information on the quality of services by social service institutions and enterprises is carried out in accordance with the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to ensure public and municipal needs. The authorized federal executive body, government bodies of the constituent entities of the Russian Federation, local government bodies, based on the results of concluding state and municipal contracts, formalize a decision to determine the operator responsible for conducting an independent assessment of the quality of service provision by social service institutions and enterprises, and also, if necessary, provide the operator with a publicly available information on the activities of these institutions and enterprises, generated in accordance with state and departmental statistical reporting(if it is not posted on the official website of the institution or enterprise).

12. Information on the results of an independent assessment of the quality of service provision by social service institutions and enterprises received by the authorized federal executive body, state government bodies of the constituent entities of the Russian Federation, and local self-government bodies is subject to mandatory consideration by the said bodies in month period and is taken into account by them when developing measures to improve the work of social service institutions and enterprises.

13. Information on the results of an independent assessment of the quality of service provision by social service institutions and enterprises is posted accordingly:

1) by the authorized federal executive body on the official website for posting information about state and municipal institutions on the Internet;

2) government bodies of the constituent entities of the Russian Federation, local governments on their official websites and the official website for posting information about state and municipal institutions on the Internet.

14. The composition of information on the results of an independent assessment of the quality of services provided by social service institutions and enterprises 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.

15. Monitoring of compliance with the procedures for conducting an independent assessment of the quality of service provision by social service institutions and enterprises is carried out in accordance with the legislation of the Russian Federation.
Federal Law of July 21, 2014 N 256-FZ)

Article 17_2. Information openness of social service institutions and enterprises

1. Social service institutions and enterprises ensure openness and accessibility of the following information:

1) the date of creation of the institution, social service enterprise, their founder, founders, location of the institution or social service enterprise and their branches (if any), mode, work schedule, contact numbers and email addresses;

2) the structure and governing bodies of social service institutions and enterprises;

3) types of social services provided by the social service institution and enterprise;

4) logistics for the provision of social services;

5) a copy of the charter of the social service institution or enterprise;

6) a copy of the plan of financial and economic activities of a social service institution or enterprise, approved in accordance with the procedure established by the legislation of the Russian Federation, or the budget estimate (information on the volume of social services provided);

7) a copy of the document on the procedure for providing social services for a fee;

8) information that is posted, published by decision of a social service institution or enterprise, as well as information, the placement and publication of which are mandatory in accordance with the legislation of the Russian Federation;

9) other information determined by the authorized federal executive body necessary for conducting an independent assessment of the quality of service provision by social service institutions and enterprises.

2. The information specified in paragraph 1 of this article is posted on the official websites of the authorized federal executive body, state authorities of the constituent entities of the Russian Federation, local governments, institutions and social service enterprises on the Internet in accordance with the requirements for its content and form of provision established by the authorized federal executive body.

3. The authorized federal executive body, state authorities of the constituent entities of the Russian Federation, local government bodies, institutions and social service enterprises provide on their official websites on the Internet the technical ability for recipients of social services to express opinions on the quality of services provided by social service institutions and enterprises .
(The article was additionally included from October 21, 2014 by Federal Law of July 21, 2014 N 256-FZ)

Article 18. Licensing in the field of social services

(The article was deleted from January 15, 2003 by Federal Law of January 10, 2003 N 15-FZ.)

Article 19. Management of social services

1. Management of the state system of social services is carried out by executive authorities of the constituent entities of the Russian Federation in accordance with their powers (clause as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ.

2. The clause became invalid on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ. .

3. Management of social services of other forms of ownership is carried out in the manner determined by their charters or other constituent documents.

4. Scientific and methodological support of social services is carried out in the manner determined by the federal executive body authorized by the Government of the Russian Federation (clause as amended by Federal Law of August 22, 2004 N 122-FZ; as amended by Federal Law of July 23, 2008 N 160-FZ.

Chapter IV. Powers of federal government bodies and government bodies of constituent entities of the Russian Federation in the field of social services

Article 20. Powers of federal government bodies in the field of social services

The powers of federal government bodies include:

1) establishing the foundations of federal policy in the field of social services;

2) adoption of federal laws in the field of social services and monitoring their implementation;

3) the subparagraph has lost force since January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ;
Federal Law of January 10, 2003 N 15-FZ.
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6) the subparagraph has lost force since January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ;

7) establishment of a unified federal system of statistical accounting and reporting in the field of social services;

8) the subparagraph became invalid on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ;

9) organization and coordination scientific research in the field of social services;

10) development international cooperation in the field of social services;

11) creation of conditions for organizing an independent assessment of the quality of service provision by social service institutions and enterprises.
(The subparagraph was additionally included from October 21, 2014 by Federal Law of July 21, 2014 N 256-FZ)

Article 21. Powers of state authorities of the constituent entities of the Russian Federation in the field of social services

State authorities of the constituent entities of the Russian Federation, outside the powers of state authorities of the Russian Federation provided for by this Federal Law, exercise their own legal regulation social services for the population.

The powers of government bodies of the constituent entities of the Russian Federation include:

ensuring the implementation of this Federal Law;

development, financing and implementation of regional social service programs;

determining the structure of governing bodies of the state social service system and organizing their activities;

establishing a procedure for coordinating the activities of social services;

creation, management and maintenance of the activities of social service institutions;

creating conditions for organizing an independent assessment of the quality of service provision by social service institutions and enterprises;
(Paragraph additionally included from October 21, 2014 by Federal Law of July 21, 2014 N 256-FZ)
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From October 21, 2014, paragraph seven of part two of the previous edition is considered paragraph eight of part two of this edition - Federal Law of July 21, 2014 N 256-FZ.
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other powers.
(Article as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ

Chapter V. Resource provision for social services

Article 22. Property support for social services

Social services in the manner established by the legislation of the Russian Federation are provided land plots, property necessary to fulfill their statutory tasks.

Article 23. Financial support for social services and social service institutions

Social services to the population, carried out in accordance with the standards established by government bodies of the constituent entities of the Russian Federation, and financial support of social service institutions are expenditure obligations of the constituent entities of the Russian Federation (article as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ.

Article 24. Entrepreneurial activity of social service institutions

1. In accordance with the legislation of the Russian Federation, social service institutions have the right to conduct business activities only insofar as this serves the achievement of the goals for which they were created.

2. Entrepreneurial activity social service institutions are subject to preferential taxation in the manner established by the legislation of the Russian Federation.

Article 25. Staffing of social services

1. The effectiveness of social services is ensured by specialists who have professional education, corresponding to the requirements and nature of the work performed, experience in the field of social services and, due to their personal qualities, inclined to provide social services.

2. Measures of social support for employees of the state social service system are determined by state authorities of the constituent entities of the Russian Federation in accordance with their powers (clause as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ.

3. Medical workers of the state system of social services directly involved in social and medical services may be provided with social support measures in the manner and under the conditions that are provided for by laws and other regulatory legal acts of the constituent entities of the Russian Federation for medical workers medical organizations of the state health care system. *25.3)
(Clause as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ

4. Employees of social service institutions of the state system of social services who directly carry out social rehabilitation of minors may be provided with measures of social support in the manner and under the conditions that are provided for by laws and other regulatory legal acts of the constituent entities of the Russian Federation for teaching staff educational institutions for orphans, children without parental care, and special educational institutions for minors (clause as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ. *25.4)

5. Social support measures for social service workers of other forms of ownership are established by their founders independently on a contractual basis (clause as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ.

Chapter VI. Final provisions

Article 26. Liability for violation of this Federal Law

The liability of persons engaged in the field of social services, if their actions (inaction) entail consequences dangerous to the life and health of a social service client or other violation of his rights, occurs in the manner and on the grounds provided for by the legislation of the Russian Federation.

Article 27. Appeal against actions (inaction) of social services

Actions (inaction) of social services can be appealed by a citizen, his guardian, trustee, or other legal representative to state authorities, local governments or to court.

Article 28. Entry into force of this Federal Law

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

The president
Russian Federation
B. Yeltsin

Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"

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 a difficult life situation as 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 injured as a result emergency situations, armed interethnic (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 activities. 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 recall that previously only specialists who had a professional education corresponding to the requirements and nature of the work performed, experience in the field of social services, and who were inclined by their personal qualities to provide social services () could be social service workers.

In the coming year, social services for the population will undergo serious changes. On January 1, Federal Law No. 442-FZ of December 28, 2013 “On the Basics of Social Services for Citizens in the Russian Federation” came into force, which introduces significant changes to the system and procedure for the provision of social services. Some aspects of the new law are commented today by the Minister of Socio-Demographic and Family Policy of the Samara Region Marina Yuryevna Antimonova:

- First, about the most important thing: in accordance with the Federal Law, the list of social service providers is expanding. Along with state institutions, social services to the population will be provided by non-state providers - commercial and non-profit organizations, individual entrepreneurs.

Social service institutions, according to the new legislation, become providers of social services and lose their authority to recognize citizens in need of social services. Now the authorized body (the commission for recognizing citizens in need of social services) will recognize citizens as needing social services.

In the field of social services, the emphasis is on prevention and an individual approach. A new element in the social service system is “social support”, the essence of which is to assist citizens through interdepartmental interaction in obtaining various types services: legal, medical, psychological, pedagogical, as well as social assistance not related to 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.

According to the law, fees for the provision of social services provided in semi-stationary conditions and at home are based on a targeted approach to their recipients and depend on the level of their average per capita income. Now social services will be received free of charge by citizens whose average per capita income does not exceed one and a half times the subsistence level. The law also sets a maximum amount of payment for social services.

It is envisaged to create information resources in the field of social services - the register of social service providers and the register of recipients of social services.

1 question: Who is entitled to social services under the new law?

Answer: The right to social services are citizens recognized as needing social services from among the citizens of the Russian Federation, foreign citizens and stateless persons permanently residing in the territory of the Russian Federation, refugees. These are elderly people, disabled people, children with disabilities, including disabled children, children and families in difficult life situations, citizens without a fixed place of residence.

2. Question: who will provide social services after Federal Law No. 442-FZ comes into force?

Answer: In addition to the public sector, non-governmental organizations (commercial or non-profit organizations), as well as individual entrepreneurs providing social services included in the register of social service providers, will be involved in the field of social services.

3. Question: who maintains the register of social service providers?

Answer: The register of suppliers is formed and maintained by the Ministry of Socio-Demographic and Family Policy of the Samara Region.

4. Question: Where can I go to get social services?

Answer: You can submit an application to consider the issue of providing social services to the commission for recognizing citizens in need of social services, which will be created in each municipality, to the Ministry of Socio-Demographic and Family Policy of the Samara Region, as well as directly to the social service provider.

5. Question: where can a citizen find out information about organizations providing social services?

Answer: Information about social service providers (location, contact information, information about forms of social services, types of social services provided, as well as the amount of fees, etc.) will be located on the official website of the Ministry of Socio-Demographic and Family Policy of the Samara Region, websites and information stands of social service providers.

6. Question: who can apply for social services?

Answer: To provide social services, a citizen or his legal representative can apply himself or, at his request, other citizens, government bodies, local governments, public associations.

7. Question: in what case can the provision of social services be denied?

Answer: A decision to refuse social services is possible if a citizen (or recipient of social services) has medical contraindications, confirmed by the relevant conclusion of a medical organization.

8. Question: in what case is a citizen recognized as in need of social services?

Answer: A citizen is recognized as in need of social services if he has circumstances that worsen or may worsen his living conditions. Such circumstances include, for example: complete or partial loss of the ability to perform self-care; the presence in the family of a disabled person and disabled people (including a disabled child) who need constant outside care; the presence of a child or children experiencing difficulties in social adaptation; the presence of intrafamily conflict, as well as domestic violence; lack of a specific place of residence; lack of work and livelihood.

9. Question: who has the right to free social services?

Answer: In accordance with federal legislation, the following categories of citizens have the right to free social services: minor children, persons affected by emergency situations, armed international (interethnic) conflicts, as well as persons who, on the date of application, have an average per capita income lower than or equal to the amount established limit value. In the Samara region given size is one and a half times the subsistence minimum. For example: today the cost of living for pensioners is equal to 6082 rubles, respectively, one and a half amount will be 9123 rubles (6082 × 1.5), thus, elderly citizens and disabled people of the Samara region, whose average per capita income will be equal to or below 9123 rubles, will receive social benefits services at home and in a semi-stationary form are free of charge. The region also provides for additional categories of citizens, which include: persons recognized as disabled for the first time, within the limits of the recommendations of an individual rehabilitation program for a disabled person in organizations providing rehabilitation services; persons without a fixed place of residence and occupation in semi-stationary and stationary forms of social services; women with children, pregnant women and adult citizens from among orphans, children without parental care, who find themselves in difficult life situations, in social hotels or departments providing social services in inpatient settings.

10. Question: will there be changes in payment for the provision of social services?

Answer: From January 1, 2015, the limits of monthly fees for the provision of social services were approved. For the provision of services at home and in a semi-stationary form, the fee will be no more than 50% of the difference between the recipient’s average per capita income and the maximum per capita income for the provision of social services free of charge (one and a half times the subsistence level). In the stationary form, the payment limit is no more than 75% of the average per capita income of the recipient of social services.

For example, the average per capita income of a recipient of social services at home as of January 1, 2015 is 10,123 rubles, the current subsistence minimum is 6,082 rubles, the maximum per capita income of a recipient is 9,123 rubles. (6082×1.5). 10123-9123= 1000 rub. difference. 50% of the difference – 500 rubles. This means that a recipient of social services can receive services worth over 500 rubles, but will only pay 500 rubles.