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Let's deal with the new law on social services. Legislative framework of the Russian Federation

THE RUSSIAN FEDERATION

THE FEDERAL LAW

About the basics social service population in the Russian Federation * O)

(as amended on July 21, 2014)

Abolished from January 1, 2015 on the basis of
Federal Law of December 28, 2013 N 442-FZ
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Document with changes made:
(Russian newspaper, No. 127, 13.07.2002);
(Russian newspaper, N 140, July 31, 2002);
(Russian newspaper, N 5, 15.01.2003);
(Rossiyskaya Gazeta, N 188, 08/31/2004) (see the order of entry into force);
(Rossiyskaya Gazeta, N 158, 25.07.2008) (entered 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, 11/25/2013) (see the procedure for accession);
(The official Internet portal of legal information www.pravo.gov.ru, 22.07.2014) (see the procedure for entry into force).

Real the federal law in accordance with the Constitution of the Russian Federation, generally recognized principles and norms international law establishes the foundations 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, the provision of social, social and medical, psychological and pedagogical, social and legal services and material assistance, social adaptation and rehabilitation of citizens in difficult life situations.

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 are used in this Federal Law:

1) social services - enterprises and institutions, regardless of the 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) a client of a social service - a citizen in a difficult life situation, to whom social services are provided in this regard;

3) social services - actions to provide certain categories of citizens in accordance with the legislation of the Russian Federation, to the client of the 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-service due to old age, illness, orphanhood, neglect, poverty, unemployment, lack of a definite place of residence, conflicts and abuse in the family, loneliness, etc. ), which he cannot overcome on his own.

Article 4. Systems of social services

1. The state system of social services is a system consisting of state enterprises and social service institutions owned by the constituent entities of the Russian Federation and under the jurisdiction of the authorities state power subjects of the Russian Federation Federal Law of August 22, 2004 N 122-FZ.

. .

3. Social services are also carried out by enterprises and institutions of other forms of ownership and by 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 service is based on the principles:

1) targeting;

2) availability;

3) voluntariness;

4) humanity;

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

6) confidentiality;

7) preventive focus.

Article 6. State standards of social services

1. Social services must comply with state standards, which establish the 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 N 87-FZ; as amended by Federal Law of August 22, 2004 N 122-FZ.

3. Clause has become invalid since 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 for the main types determined by this Federal Law in the manner and on the conditions that are established by laws and other regulatory legal acts of the constituent entities of the Russian Federation (Clause supplemented from January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ. *7.1)

2. Social services are carried out on the basis of an appeal of a citizen, his guardian, trustee, another legal representative, a government body, a local government body, a public association.

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

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

Article 8. Material assistance

1. Material assistance is provided to citizens in difficult life situations, in the form Money, food, sanitation and hygiene products, childcare products, clothing, shoes and other essentials, fuel, and special Vehicle, technical means rehabilitation of disabled people and persons in need of outside care. * 8.1)

2. The grounds and procedure for the provision of material 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 carried out 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-service due to old age, illness, disability are provided with home help in the form of social, social and medical services and other assistance.

Article 10. Social services in stationary 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-service and who need constant outside care, and ensures the creation of living conditions appropriate for their age and state of health, medical, psychological, social nature, food and care, as well as the organization of feasible labor activity, rest and leisure. *10)

Article 11. Provision of temporary shelter

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

Article 12. Organization of day stay in social service institutions

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

Article 13. Advisory assistance

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

Article 14. Rehabilitation services

Social services provide assistance in professional, social, psychological rehabilitation to disabled people, persons with disabilities, juvenile delinquents, other citizens who are in a difficult life situation and in need of 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 shall be carried out on the grounds provided for in Article 16 of this Federal Law. The procedure for the provision of free social services is determined by the state authorities of the constituent entities of the Russian Federation (clause as amended by the 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 prescribed by the state authorities of the constituent entities of the Russian Federation (clause as amended by the Federal Law of August 22, 2004 N 122-FZ.

4. The conditions and procedure for payment for social services in social services of other forms of ownership shall be 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 amount determined state standards social services provided:

1) to citizens who are incapable of self-service 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 constituent entity of the Russian Federation in which they live (subparagraph as amended 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, suffered as a result of armed and interethnic conflicts;

3) minor children in difficult life situations.

2. Clause has become invalid since January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ. ...

Chapter III. Organization of social services

Article 17. Institutions and enterprises of social services

1. Institutions of social services, regardless of the form of ownership, are:

1) comprehensive centers of social services for the population;

2) territorial centers social assistance family and children;

3) social service centers;

4) social rehabilitation centers for minors; * 17.1.4)

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

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

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

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

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

10) overnight houses; * 17.1.10)

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

12) stationary institutions social services (boarding homes for the elderly and disabled, psycho-neurological 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 institutions and enterprises of social services, regardless of the form of ownership, shall be governed by the civil legislation of the Russian Federation. * 17.3)

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

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

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

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

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

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

1) the federal executive body performing the functions of developing and implementing public 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 consumers (their associations, unions) (hereinafter referred to as public organizations) form a public council to conduct an independent assessment of the quality of the provision of services by institutions and enterprises of social services and approve the regulations on it;

2) public authorities of the constituent entities of the Russian Federation, with the participation of public organizations, form public councils for conducting an independent assessment of the quality of the provision of services by institutions and social service enterprises located in the territories of the constituent entities of the Russian Federation, and approve the regulations on them;

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

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

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

8. The public council for conducting an independent assessment of the quality of the provision of services by institutions and social service 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 representatives of public organizations. The number of members of the public council may not be less than five people. Members of the public council carry out their activities at volunteer... Information about the activities of the public council is posted by the state authority, the local self-government body under which it was created, on its official website in the information and telecommunication network "Internet" (hereinafter referred to as the "Internet").

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

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

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

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

3) establish, if necessary, criteria for assessing the quality of the provision of services 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 the provision of services by social service institutions and enterprises;

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

11. The conclusion of state, municipal contracts for the performance of work, the provision of services for the collection, synthesis and analysis of information on the quality of services by institutions and social service enterprises is carried out in accordance with the legislation of the Russian Federation on the contract system in the procurement of goods, works, services for the provision of state municipal needs... The authorized federal executive body, state authorities of the constituent entities of the Russian Federation, local self-government bodies, based on the results of the conclusion of state, municipal contracts, draw up a decision on determining the operator responsible for conducting an independent assessment of the quality of the provision of services by institutions and social service enterprises, and also, if necessary, provide the operator with a publicly available information on the activities of these institutions and enterprises, formed in accordance with the state and departmental statistical reporting(in case 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 the provision of services by institutions and social service enterprises received, respectively, by the authorized federal executive body, government bodies of the constituent entities of the Russian Federation, and local self-government bodies shall be subject to mandatory review by these bodies within a month and taken into account by them when developing measures for improvement work of institutions and enterprises of social services.

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

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

2) state authorities of the constituent entities of the Russian Federation, local self-government bodies 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 the provision of services by institutions and social service 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 compliance with the procedures for an independent assessment of the quality of the provision of services by institutions and enterprises of social services 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 transparency of institutions and social service enterprises

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

1) the date of establishment of the institution, social service enterprise, their founder, founders, location of the institution or social service enterprise and their branches (if any), mode, working hours, contact phones and addresses Email;

2) the structure and management bodies of the social service institution and enterprise;

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

4) material and technical support for the provision of social services;

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

6) a copy of the plan of financial and economic activities of the institution or social service enterprise, approved in established by law The order of the Russian Federation, or budget estimates (information on the volume of social services provided);

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

8) information that is posted is published by decision of the institution or social service 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 an independent assessment of the quality of the provision of services by institutions and social service enterprises.

2. The information specified in paragraph 1 of this article shall be posted on the official websites of the authorized federal executive body, government bodies of the constituent entities of the Russian Federation, local government bodies, institutions and social service enterprises on the Internet in accordance with the requirements for its content and the 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 a technical opportunity for recipients of social services to express opinions on the quality of services provided by social service institutions and enterprises ...
(The article is 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 is excluded from January 15, 2003 by the 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 the executive authorities of the constituent entities of the Russian Federation in accordance with their powers (clause as amended by the Federal Law of August 22, 2004 N 122-FZ.

2. Clause has become invalid since 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 bodies of state power and bodies of state power of constituent entities of the Russian Federation in the field of social services

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

To the powers federal bodies state authorities include:

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

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

3) the subparagraph has become invalid 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 become invalid 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 has become invalid since January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ;

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

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

11) creating conditions for organizing an independent assessment of the quality of the provision of services by institutions and social service enterprises.
(The subparagraph is additionally included from October 21, 2014 by the 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

The bodies of state power of the constituent entities of the Russian Federation, outside the limits of the powers of the bodies of state power of the Russian Federation, provided for by this Federal Law, carry out their own legal regulation social services for the population.

The powers of the bodies of state power 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;

determination of the structure of the governing bodies of the state system of social services and the organization of their activities;

establishment of a procedure for coordinating the activities of social services;

creation, management and maintenance of social service institutions;

creation of conditions for the organization of an independent assessment of the quality of the provision of services by institutions and enterprises of social services;
(The paragraph is additionally included from October 21, 2014 by Federal Law of July 21, 2014 N 256-FZ)
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The seventh paragraph of the second part of the previous edition from October 21, 2014 is considered the eighth paragraph of the second part of this edition - Federal Law of July 21, 2014 N 256-FZ.
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other powers.
(Article as amended by the Federal Law of August 22, 2004 N 122-FZ

Chapter V. Resource provision of social services

Article 22. Provision of social services

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

Article 23. Financial provision of social services and social service institutions

Social services for the population, carried out in accordance with the norms established by the state authorities of the constituent entities of the Russian Federation, and financial security social service institutions are expenditure obligations of the constituent entities of the Russian Federation (as amended by the 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 entrepreneurial activities only insofar as it serves to achieve the goals for which they were created.

2. Business activities social service institutions are subject to preferential taxation in the manner prescribed by the legislation of the Russian Federation.

Article 25. Staffing of social services

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

2. Measures of social support for workers state system social services are determined by the state authorities of the constituent entities of the Russian Federation in accordance with their powers (clause as amended by the 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 measures of social support in the manner and on the conditions that are provided for by laws and other regulatory legal acts of the constituent entities of the Russian Federation for medical professionals medical organizations the state health care system. * 25.3)
(Clause as amended by Federal Law of August 22, 2004 N 122-FZ

4. Employees of social service institutions of the state system of social services, directly carrying 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 left without parental care, and special educational institutions for minors (clause as amended by the Federal Law of August 22, 2004 N 122-FZ. *25.4)

5. Measures of social support for workers of social services of other forms of ownership are established by their founders independently on a contractual basis. (clause as amended by the Federal Law of August 22, 2004 N 122-FZ.

Chapter VI. Final provisions

Article 26. Responsibility for violation of this Federal Law

The responsibility of persons employed in the field of social services, if their actions (inaction) entailed consequences dangerous for the life and health of the client of the social service 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. Appealing against actions (inaction) of social services

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

Article 28. Entry into force of this Federal Law

This Federal Law shall enter into force on the day of its official publication.

The president
Russian Federation
B. Yeltsin

Document revision taking into account
changes and additions prepared
JSC "Codex"

Social services for the population as one of the components of social support for the population is the direction of the activities of social services in the field of social support, in the provision of social, social, medical, psychological and pedagogical, as well as other types of services, in the implementation of social adaptation and rehabilitation of citizens in difficult life situation.

Financial support for the activities of social service organizations under the jurisdiction of federal executive authorities, state authorities of the constituent entities of the Russian Federation is carried out at the expense of the corresponding budget, as well as at the expense of recipients of social services when providing social services for a fee (partial payment).

The law presupposes the implementation of interdepartmental interaction in the provision of social services on the basis of regulations approved by the state authorities of the constituent entities of the Russian Federation.

The effective functioning of the social service system is ensured through control (supervision) in the field of social services, including public control.

1. The subject of regulation is, as a rule, relations arising from the achievement of goals in specific area activities, i.e. in fact, the subject of regulation is legal relations, united by certain features, allowing them to be distinguished into a separate group. The commented one regulates the legal relationship arising from the provision of social services.

The commented one acts as the main source of legal regulation of relations in the field of social services, it is he who establishes the foundations of state policy in the field of social services. The legislator will identify three components of such a policy: legal, organizational and economic.

The legal framework is a set of legal norms governing the main issues in the field of social services. The task of the commentator is to establish the basic legal "brackets", to create a legal foundation for building a system of social services. The concretization of legal norms is assigned to the subordinate normative legal acts and regulatory legal acts of the constituent entities of the Russian Federation.

1) establishes the basic concepts used for legal regulation, and the principles on which such regulation and the entire system of social services as a whole are based;

Organizational framework social service is, first of all, the establishment of the procedure for the provision of social services. The commented person defines the circle of persons who can act as providers of social services, and also gives the criteria by which citizens can be classified as "recipient of social services". The procedure for the provision of social services is established, incl. the rules for applying for the provision of such services. It is through the establishment of the circle of persons that can be social service organizations, the definition of their legal status, the foundations for exercising control over the activities of such persons, as well as requirements for the provision of social services, and the organizational role of the commented Law in the field of social services is carried out.

In accordance with the Constitution of the Russian Federation, issues of social services are under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. According to the Constitution of the Russian Federation in subjects joint management RF and the constituent entities of the RF federal laws are issued and laws adopted in accordance with them and other normative legal acts of the constituent entities of the RF. Such a two-tier system of legal regulation requires consistency, a clear delineation of powers between the subjects of the Russian Federation and federal center... The commented Law is called upon to carry out such a division of powers, which establishes a list of powers of federal bodies of state power, incl. a special authorized executive body (Ministry of Labor of Russia), and a list of powers of state authorities of the constituent entities of the Russian Federation. The list of powers is established on the basis of law enforcement practice, expediency, and in order to create an effective system of social services. The lists of the designated powers are open and can be supplemented if necessary.

The organization of the social service system is impossible without establishing the legal status of the main participants in the system - the providers and recipients of social services. The one commented on in the relevant chapters establishes the rights and obligations of the aforementioned persons. Among the features of the commented Law, one can single out the requirement for information transparency of the provider of social services, which is obliged to provide publicly available information about its activities. This obligation of the provider corresponds to the right of the recipient of social services to gain access to such information. Information transparency of the provider of social services is one of the guaranteeing elements of the organization of independent public control over the quality of the provision of social services.

The new law gives the green light and opens up tremendous opportunities for social entrepreneurship... The previous law, passed in 1995, determined that government services social services should be provided by state and municipal authorities. From 2015, the state will only set social standards and finance the provision of such services. The orders for social services themselves will be distributed on a competitive basis, their suppliers can be commercial and non-profit organizations and individual entrepreneurs. If now you open a social service center and put it into operation, already from next year you will be able to participate in government procurement of these services.

Federal Law of the Russian Federation of December 28, 2013 N 442-FZ "On the Basics of Social Services for Citizens in the Russian Federation"

(the text is provided for review and comment, in relation to the format of the portal. The official text is at the link)

Chapter 1. General Provisions

Article 1. The subject of regulation of this Federal Law

1. This Federal Law establishes:

legal, organizational and economic foundations of social services for citizens in the Russian Federation;
powers of federal bodies of state power and powers of bodies of state power of constituent entities of the Russian Federation in the field of social services for citizens;
rights and obligations of recipients of social services;
the rights and obligations of social service providers.

2. This Federal Law applies to citizens of the Russian Federation, to foreign citizens and stateless persons permanently residing in the territory of the Russian Federation, refugees (hereinafter referred to as citizens, citizens), as well as to legal entities regardless of their organizational and legal form and individual entrepreneurs providing social services to citizens.

Article 2. Legal regulation of social services for citizens

Legal regulation of social services for citizens is carried out on the basis 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 used in this Federal Law

For the purposes of this Federal Law, the following basic concepts are used:

social services for citizens (hereinafter - social services) - activities for the provision of social services to citizens;
social service - an action or actions in the field of social services to provide constant, periodic, one-time assistance, including urgent assistance, to a citizen in order to improve his living conditions and (or) expand his ability to independently provide for his basic life needs;
recipient of social services - a citizen who is recognized as in need of social services and to whom social services or social services are provided;
social service provider - a legal entity regardless of its organizational and legal form and (or) an individual entrepreneur providing social services;
social service standard - the basic requirements for the volume, frequency and quality of the provision of social services to the recipient of social services, established for the types of social services;
prevention of the circumstances that determine the need for social services - a system of measures aimed at identifying and eliminating the reasons that served as the basis for the deterioration of the living conditions of citizens, reducing their ability to independently provide for their basic living needs.

Article 4. Social Service Principles

1. Social services are based on the observance of human rights and respect for the dignity of the individual, are humane and do not allow humiliation of the honor and dignity of a person.

2. Social services are also carried out on the following principles:

equal, free access of citizens to social services, regardless of their gender, race, age, nationality, language, origin, place of residence, attitude to religion, beliefs and membership of public associations;
targeting the provision of social services;
proximity of providers of social services to the place of residence of recipients of social services, the sufficiency of the number of providers of social services to meet the needs of citizens in social services, the sufficiency of financial, material, technical, human and information resources from providers of social services;
preservation of the citizen's stay in a familiar favorable environment;
voluntariness;
confidentiality.

Article 5. Social service system

The social service system includes:

the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of social services (hereinafter referred to as the authorized federal executive body);
the government body of the constituent entity of the Russian Federation authorized to exercise the powers provided for by this Federal Law in the field of social services (hereinafter referred to as the authorized body of the constituent entity of the Russian Federation);
social service organizations under the jurisdiction of federal executive bodies;
social service organizations under the jurisdiction of the constituent entity of the Russian Federation (hereinafter referred to as social service organizations of the constituent entity of the Russian Federation);
non-governmental (commercial and non-commercial) social service organizations, including socially oriented non-profit organizations that provide social services;
individual entrepreneurs providing social services.

Article 6. Confidentiality of information about the recipient of social services

1. It is not allowed to disclose information classified by the legislation of the Russian Federation as information of a confidential nature or official information about recipients of social services by persons to whom this information became known in connection with the performance of professional, official and (or) other duties. Disclosure of information about the recipients of social services entails liability in accordance with the legislation of the Russian Federation.

2.With the consent of the recipient of social services or his legal representative given in writing, it is allowed to transfer information about the recipient of social services to other persons, including officials, in the interests of the recipient of social services or his legal representative, including funds mass media and the official website of the provider of social services in the information and telecommunications network "Internet" (hereinafter - the "Internet").

3. Provision of information about the recipient of social services without his consent or without the consent of his legal representative is allowed:

at the request of the bodies of inquiry and investigation, the court in connection with the conduct of an investigation or court proceedings, or at the request of the bodies of the prosecutor's office in connection with the exercise of prosecutorial supervision by them;
at the request of other bodies empowered to exercise state control (supervision) in the field of social services;
when processing personal data within the framework of an interdepartmental communication, as well as when registering the subject of personal data on a single portal of state and municipal services and (or) regional portals of state and municipal services in accordance with the legislation on the organization of the provision of state and municipal services;
in other cases established by the legislation of the Russian Federation.

Chapter 2. Powers of federal bodies of state power and bodies of state power of constituent entities of the Russian Federation in the field of social services

Article 7. Powers of federal bodies of state power in the field of social services

1. The powers of federal government bodies in the field of social services include:

establishing the foundations of state policy and the foundations of legal regulation in the field of social services;
approval of methodological recommendations for calculating per capita standards for financing social services;
statement indicative list social services by type of social services;
approval of the procedure for posting and updating information about the provider of social services, including requirements for the content and form of providing this information, on the official website of the provider of social services on the Internet;
administration of federal property used in social services;
maintaining a unified federal system of statistical accounting and reporting in the field of social services;
federal state control(supervision) in the field of social services;
international cooperation of the Russian Federation and the conclusion of international treaties of the Russian Federation in the field of social services;
other powers related to the sphere of social services and established by federal laws.

2. The powers of the authorized federal executive body include:

development and implementation of state policy in the field of social services, as well as the development of measures to improve social services;
coordination of activities in the field of social services carried out by federal executive bodies, executive bodies of state power of the constituent entities of the Russian Federation, all-Russian public organizations and other organizations operating in the field of social services;
methodological support of social services, including in the part related to the prevention of circumstances that determine the need for social services;
approval of the approximate nomenclature of social service organizations;
approval of guidelines for calculating the needs of the constituent entities of the Russian Federation in the development of a network of social service organizations;
6) approval of the rules for organizing the activities of social service organizations, their structural units, which include the recommended staffing standards, a list necessary equipment to equip social service organizations, their structural units;
approval of the recommended food standards and standards for the provision of soft inventory to recipients of social services in the form of social services;
approval of an approximate procedure for the provision of social services;
approval of the procedure for monitoring social services in the constituent entities of the Russian Federation, as well as the forms of documents required for such monitoring;
approval of recommendations on the formation and maintenance of the register of providers of social services and the register of recipients of social services;
approval of recommendations for the organization of interagency cooperation executive bodies state authorities of the constituent entities of the Russian Federation in the provision of social services, as well as with assistance in the provision of medical, psychological, pedagogical, legal, social assistance not related to social services (social support) (hereinafter also referred to as social support);
approval of recommendations for determining the individual needs for social services of recipients of social services;
approval of the application form for the provision of social services, approximate form agreements on the provision of social services, as well as the form of an individual program for the provision of social services (hereinafter - the individual program);
approval of the procedure for sending citizens to stationary social service organizations with special social services;
approval of the model provision on board of trustees social service organizations;
approval of the procedure for the provision of social services, as well as the procedure for approving the list of social services by type of social services by social service organizations under the jurisdiction of the federal executive body;
other powers stipulated by the regulatory legal acts of the Russian Federation.

Article 8. Powers of state authorities of constituent entities of the Russian Federation in the field of social services

The powers of the state authorities of the constituent entities of the Russian Federation in the field of social services include:

legal regulation and organization of social services in the constituent entities of the Russian Federation within the powers established by this Federal Law;
determination of the authorized body of the constituent entity of the Russian Federation, including the recognition of citizens in need of social services, as well as the preparation of an individual program;
coordination of the activities of providers of social services, public organizations and other organizations operating in the field of social services in the constituent entity of the Russian Federation;
approval of the regulations for interdepartmental interaction of state authorities of the constituent entity of the Russian Federation in connection with the implementation of the powers of the constituent entity of the Russian Federation in the field of social services;
approval of the standards for the staffing of social service organizations of the constituent entity of the Russian Federation, standards for the provision of soft inventory and the area of living quarters in the provision of social services by these organizations;
approval of food standards in social service organizations of the constituent entity of the Russian Federation;
formation and maintenance of the register of providers of social services and the register of recipients of social services;
development, financial support and implementation of regional social service programs;
approval by the law of a constituent entity of the Russian Federation of the list of social services provided by providers of social services, taking into account the approximate list of social services by type of social services, approved in accordance with clause 3 of part 1 of article 7 of this Federal Law;
approval of the procedure for the provision of social services by social service providers;
establishment of the procedure for approval of tariffs for social services on the basis of per capita standards for financing social services;
approval of the procedure for organizing the implementation of regional state control (supervision) in the field of social services with an indication of the body of the constituent entity of the Russian Federation authorized to exercise such control;
establishment limit value per capita income for the provision of social services free of charge;
approval of the amount of payment for the provision of social services and the procedure for its collection;
providing free access to information about providers of social services, social services they provide, types of social services, terms, procedure and conditions for their provision, tariffs for these services, including through the media, including posting information on official websites on the network "Internet";
establishment of measures of social support and incentives for employees of social service organizations of the constituent entity of the Russian Federation;
organization vocational training, vocational education and additional vocational education of employees of social service providers;
accounting and reporting in the field of social services in the constituent entity of the Russian Federation;
establishment of the procedure for the implementation of programs in the field of social services, including investment programs;
organization of support for socially oriented non-profit organizations, philanthropists and volunteers carrying out activities in the field of social services in the constituent entities of the Russian Federation in accordance with federal laws and laws of the constituent entities of the Russian Federation;
elaboration and implementation of measures for the formation and development of the social services market, including the development of non-governmental social service organizations;
development and testing of methods and technologies in the field of social services;
approval of the procedure for interdepartmental interaction of public authorities of the constituent entities of the Russian Federation in the provision of social services and social support;
approval of the nomenclature of social service organizations in the constituent entity of the Russian Federation;
other powers provided for by this Federal Law and other federal laws.

Chapter 3. Rights and obligations of recipients of social services

Article 9. Rights of recipients of social services

Recipients of social services have the right to:

respectful and humane attitude;
receiving free of charge in an accessible form information about their rights and obligations, types of social services, terms, procedure and conditions for their provision, about tariffs for these services and their cost for the recipient of social services, about the possibility of receiving these services free of charge, as well as about providers social services;
choosing a provider or providers of social services;
refusal to provide social services;
protection of their rights and legitimate interests in accordance with the legislation of the Russian Federation;
participation in the preparation of individual programs;
ensuring conditions of stay in social service organizations that meet sanitary and hygienic requirements, as well as for proper care;
free visits by legal representatives, lawyers, notaries, representatives of public and (or) other organizations, clergymen, as well as relatives and other persons in the daytime and in the evening;
social support in accordance with Article 22 of this Federal Law.

Article 10. Obligations of recipients of social services

Recipients of social services are required to:

provide, in accordance with the regulatory legal acts of the constituent entity of the Russian Federation, information and documents necessary for the provision of social services;
promptly inform social service providers about changes in the circumstances leading to the need to provide social services;
to comply with the terms of the agreement on the provision of social services concluded with the provider of social services, including timely and in full pay the cost of the provided social services when they are provided for a fee or partial payment.

Chapter 4. Rights, obligations and information transparency of providers of social services

Article 11. Rights of social service providers

1. Social service providers have the right to:

to request the relevant state authorities, as well as local self-government bodies and receive from the said bodies the information necessary for the organization of social services;
refuse to provide social services to a recipient of social services in case of violation by him of the terms of an agreement on the provision of social services concluded with the recipient of social services or his legal representative, as well as in the case provided for by Part 3 of Article 18 of this Federal Law;
be included in the register of providers of social services of the constituent entity of the Russian Federation;
receive, within two working days, information on their inclusion in the list of recommended providers of social services.

2. Providers of social services have the right to provide citizens at their request, expressed in writing or electronic form, additional social services for a fee.

Article 12. Obligations of social service providers

1. Social service providers are required to:

carry out their activities in accordance with this Federal Law, other federal laws, laws and other regulatory legal acts of the constituent entity of the Russian Federation;
provide social services to recipients of social services in accordance with individual programs and the terms of contracts concluded with recipients of social services or their legal representatives, on the basis of the requirements of this Federal Law;
provide urgent social services in accordance with Article 21 of this Federal Law;
provide free of charge in an accessible form to recipients of social services or their legal representatives information about their rights and obligations, about the types of social services, terms, procedure and conditions for their provision, about tariffs for these services and their cost for the recipient of social services, or about the possibility to receive them for free;
use information about recipients of social services in accordance with the requirements for the protection of personal data established by the legislation of the Russian Federation on personal data;
provide the authorized body of a constituent entity of the Russian Federation with information for the formation of a register of recipients of social services;
carry out social support in accordance with Article 22 of this Federal Law;
to provide recipients of social services with assistance in undergoing medical and social examination, carried out in accordance with the procedure established by the legislation of the Russian Federation by federal institutions of medical and social examination;
to provide recipients of social services with the opportunity to use communication services, including the Internet and postal services, when receiving services in social service organizations;
provide spouses living in a social service organization with an isolated living space for joint living;
to provide recipients of social services with the opportunity to freely visit them by legal representatives, lawyers, notaries, representatives of public and (or) other organizations, clergymen, as well as relatives and other persons in the daytime and in the evening;
ensure the safety of personal belongings and valuables of recipients of social services;
perform other duties related to the exercise of the rights of recipients of social services to social services.

2. Providers of social services in the provision of social services are not entitled to:

restrict the rights, freedoms and legitimate interests of recipients of social services, including when using drugs for medical use;
to use physical or psychological violence against recipients of social services, to allow them to be insulted, rough treatment of them;
place children with disabilities who do not suffer from mental disabilities in residential social services for children with disabilities with mental disabilities, and vice versa.

Article 13. Information transparency of social service providers

1. Social service providers shape publicly available informational resources containing information about the activities of these suppliers, and provide access to these resources by placing them on information stands in the premises of social service providers, in the media, on the Internet, including on the official website of the social service organization.

2. Social service providers ensure information is open and accessible:

about date state registration, about the founder (founders), about the location, branches (if any), mode, work schedule, contact numbers and e-mail addresses;
about the structure and governing bodies of the organization of social services;
on the form of social services, types of social services, the procedure and conditions for their provision, on tariffs for social services;
on the number of recipients of social services by forms of social services and types of social services at the expense of budget allocations from the budgets of the constituent entities of the Russian Federation and in accordance with agreements at the expense of funds individuals and (or) legal entities;
about the head, his deputies, heads of branches (if any), about personnel employees (indicating, with their consent, the level of education, qualifications and work experience);
on the material and technical support for the provision of social services (the availability of equipped premises for the provision of social services, including libraries, sports facilities, the availability of training and education facilities, food conditions and health protection for recipients of social services, access to information systems in the field of social services and the Internet);
on the number of vacant places for admitting recipients of social services in the form of social services, financed from budgetary allocations from the budgets of the constituent entities of the Russian Federation, as well as paid in accordance with agreements at the expense of individuals and (or) legal entities;
on the volume of social services provided at the expense of budgetary allocations from the budgets of the constituent entities of the Russian Federation and in accordance with agreements at the expense of individuals and (or) legal entities;
on the availability of licenses to carry out activities subject to licensing in accordance with the legislation of the Russian Federation;
about financial and economic activities;
on the internal regulations for recipients of social services, the internal labor regulations, the collective agreement;
on the availability of orders of the bodies exercising state control in the field of social services, and reports on the implementation of these orders;
about other information that is posted is published by the decision of the provider of social services and (or) placement, the publication of which is mandatory in accordance with the legislation of the Russian Federation.

3. The information and documents specified in part 2 of this article shall be posted on the official website of the provider of social services on the Internet and updated within ten working days from the date of their creation, receipt or amendments to them. The procedure for posting on the official website of a provider of social services on the Internet and updating information about this provider (including the content of this information and the form of its provision) is approved by the authorized federal executive body.

Chapter 5. Provision of social services

Article 14. Applying for social services

The basis for considering the issue of the provision of social services is a written or electronic application of a citizen or his legal representative for the provision of social services, or an appeal in his interests of other citizens, an appeal government agencies, local government bodies, public associations directly to the authorized body of the constituent entity of the Russian Federation, or a submitted statement or appeal within the framework of interdepartmental interaction.

Article 15. Recognition of a citizen in need of social services

1. A citizen is recognized as needing social services if the following circumstances exist that worsen or may worsen the conditions of his life:

complete or partial loss of the ability or ability to carry out self-service, move independently, provide basic life needs due to illness, injury, age or disability;
the presence of a disabled or disabled person in the family, including a disabled child or disabled children who need constant outside care;
the presence of a child or children (including those under guardianship, guardianship) experiencing difficulties in social adaptation;
lack of opportunity to provide care (including temporary) for a disabled person, child, children, as well as lack of care over them;
the presence of an intra-family conflict, including with persons with drug or alcohol addiction, persons who are addicted to gambling, persons suffering from mental disorders, the presence of domestic violence;
absence of a definite 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;
lack of work and livelihood;
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.

2. The authorized body of the constituent entity of the Russian Federation makes a decision on recognizing a citizen in need of social services or on refusal of social services within five working days from the date of submission of the application. The applicant is informed about the decision taken in writing or electronically. The decision to provide urgent social services is taken immediately.

3. The decision to refuse social services can be appealed against in court.

Article 16. Individual program

1. An individual program is a document that indicates 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 carried out in accordance with Article 22 of this Federal Law.

2. An individual program is drawn up based on the needs of a citizen for social services, 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.

3. An individual program for a citizen or his legal representative has a recommendatory character, for a social service provider it is mandatory.

4. The individual program is drawn up in two copies. A copy of the individual program, signed by the authorized body of the constituent entity of the Russian Federation, is handed over to the citizen or his legal representative within a period of no more than ten working days from the date of the citizen's application for the provision of social services. The second copy of the individual program remains with the authorized body of the constituent entity of the Russian Federation.

5. In the event of a change in the place of residence of the recipient of social services, the individual program drawn up at the previous place of residence remains valid in the scope of the list of social services established in the constituent entity of the Russian Federation at the new place of residence, until an individual program for the new place of residence is drawn up within the time frame and within the order, which are established by this article.

Article 17. Social Services Agreement

1. Social services are provided to a citizen on the basis of an agreement on the provision of social services, concluded between a social service provider and a citizen or his legal representative, within 24 hours from the date of submission of the individual program to the social service provider.

2. 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.

3. Relations associated with the execution of the contract for the provision of social services are regulated in accordance with the legislation of the Russian Federation.

Article 18. Refusal of social services, social services

1. A citizen or his legal representative has the right to refuse social services, social services. Refusal is made in writing and entered into the individual program.

2. The refusal of the recipient of social services or his legal representative from social services, social services releases the authorized body of the constituent entity of the Russian Federation and providers of social services from responsibility for the provision of social services, social services.

3. A citizen or a recipient of social services may be denied, including temporarily, in the provision of social services in a stationary form due to the presence of medical contraindications, the list of which is approved by the federal executive body responsible for the development and implementation of state policy and regulatory health regulation. Such a refusal is possible only if there is a corresponding conclusion of an authorized medical organization.

Chapter 6. Forms of social services, types of social services

Article 19. Forms of social services

1. Social services are provided to their recipients in the form of social services at home, or in a semi-stationary form, or in a stationary form.

2. Social services in a semi-stationary form are provided to their recipients by a social service organization at a certain time of the day.

3. Social services in a stationary form are provided to their recipients with permanent, temporary (for a period determined by the individual program) or five days (per week) round-the-clock living in a social service organization. Recipients of social services in a stationary form are provided with residential premises, as well as premises for the provision of types of social services provided for in paragraphs 1 - 7 of Article 20 of this Federal Law.

4. When providing social services in a semi-stationary form or in a stationary form, the following must be provided:

the possibility of accompanying 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;
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), to rest in a sitting position, as well as accessible placement of equipment and media;
duplicating text messages with voice messages, equipping a social service organization with signs made in bold-point braille, familiarizing with their help with inscriptions, signs and other text and graphic information on the territory of such an organization, as well as admitting a typhoid interpreter, admitting guide dogs;
duplication of voice information text information, inscriptions and (or) light signals, informing about the provided social services using the Russian sign language (sign language), admission of a sign language interpreter;
rendering other types of outside assistance.

5. Citizens from among persons released from places of confinement, for whom, in accordance with the legislation of the Russian Federation, administrative supervision is established and who have partially or completely lost the ability to self-service, in the absence of medical contraindications and upon their personal application, are accepted for social services in stationary organizations social services with special social services in the manner prescribed by the regulatory legal acts of the constituent entities of the Russian Federation.

6. The issues of admission to inpatient social service organizations and discharge from such organizations of persons suffering from mental disorders are regulated by the legislation of the Russian Federation on psychiatric care.

Article 20. Types of social services

The following types of social services are provided to recipients of social services, taking into account their individual needs:

social services aimed at supporting the life of recipients of social services in everyday life;
social and medical, aimed at maintaining and preserving the health of recipients of social services by organizing care, providing assistance in carrying out health-improving activities, systematic monitoring of recipients of social services to identify deviations in their state of health;
socio-psychological, providing assistance in correcting the psychological state of recipients of social services for adaptation in a social environment, including the provision of psychological assistance anonymously using a helpline;
socio-pedagogical, aimed at preventing deviations in the behavior and development of the personality of recipients of social services, the formation of their positive interests (including in the field of leisure), the organization of their leisure time, assistance to the family in raising children;
social and labor, aimed at assisting in employment and in solving other problems related to labor adaptation;
social and legal, aimed at assisting in obtaining legal services, including free of charge, in protecting the rights and legitimate interests of recipients of social services;
services in order to increase the communicative potential of recipients of social services with disabilities, including children with disabilities;
urgent social services.

Article 21. Urgent social services

1. Urgent social services include:

providing free hot meals or food sets;
provision of clothing, footwear and other essentials;
assistance in obtaining temporary accommodation;
assistance in obtaining legal assistance in order to protect the rights and legitimate interests of recipients of social services;
assistance in obtaining emergency psychological assistance with the involvement of psychologists and clergymen in this work;
other urgent social services.

2. The provision of urgent social services for the purpose of providing emergency care is carried out within the time limits determined by the need of the recipient of social services, without drawing up an individual program and without concluding an agreement on the provision of social services. The basis for the provision of urgent social services is the application of the recipient of social services, as well as the receipt from medical, educational or other organizations that are not part of the social service system, information about citizens in need of the provision of urgent social services. Confirmation of the provision of urgent social services is an act on the provision of urgent social services, containing information about the recipient and provider of these services, the types of urgent social services provided, the timing, date and conditions of their provision. The act on the provision of urgent social services is confirmed by the signature of the recipient.

Article 22. Assistance in the provision of medical, psychological, pedagogical, legal, social assistance, not related to social services (social support)

1. If necessary, citizens, including parents, guardians, trustees, and other legal representatives of minor children, are assisted in the provision of medical, psychological, pedagogical, legal, social assistance not related to social services (social support).

2. Social support is carried out by attracting organizations providing such assistance, on the basis of interagency cooperation in accordance with Article 28 of this Federal Law. Social support activities are reflected in the individual program.

Chapter 7. Organization of the provision of social services

Article 23. Social service organizations

1. Social service organizations are organizations that provide social services at home, semi-stationary social services, stationary social services.

2. Social service organizations in the constituent entities of the Russian Federation are created and operate taking into account the guidelines for calculating the needs of the constituent entities of the Russian Federation in the development of a network of social service organizations and in accordance with the rules for organizing the activities of social service organizations and their structural units.

3. In government organizations social service boards of trustees are created.

4. The structure, formation procedure, term of office, competence of the board of trustees and the procedure for making decisions are determined by the charter of the social service organization in accordance with the legislation of the Russian Federation on the basis of the approximate regulation on the board of trustees of the social service organization.

Article 24. Information systems in the field of social services

1. Information systems in the field of social services (hereinafter referred to as information systems) collect, store, process and provide information about providers of social services (register of social service providers) and recipients of social services (register of recipients of social services) on the basis of data provided by providers social services.

2. Operators of information systems are the authorized body of the constituent entity of the Russian Federation and organizations with which the specified body has concluded agreements on the operation of information systems.

3. Information contained in information systems, is used for the purpose of monitoring social services, exercising state control (supervision) in the field of social services in accordance with Article 33 of this Federal Law and for other purposes determined by the legislation of the Russian Federation.

Article 25. Social Service Provider Register

1. The register of social service providers is formed in the constituent entity of the Russian Federation.

2. The inclusion of social service organizations in the register of social service providers is voluntary.

3. The register of social service providers contains the following information:

full and (if any) abbreviated name of the social service provider;
the date of state registration of a legal entity, individual entrepreneur, which are providers of social services;
organizational and legal form of the provider of social services (for legal entities);
address (location, place of provision of social services), contact phone number, e-mail address of the social service provider;
surname, name, patronymic of the head of the social service provider;
information about licenses held by the social service provider (if applicable);
information about the forms of social services;
list of provided social services by forms of social services and types of social services;
tariffs for provided social services by forms of social services and types of social services;
information about the total places intended for the provision of social services, on the availability of vacant places, including in the forms of social services;
information on the conditions for the provision of social services;
information on the results of the inspections carried out;
information about the experience of the social service provider over the past five years;

4. The register of social service providers in the constituent entity of the Russian Federation is posted on the official website of the authorized body of the constituent entity of the Russian Federation on the Internet in accordance with the requirements of the legislation of the Russian Federation.

5. The provider of social services from the moment of its inclusion in the register of providers of social services is responsible for the accuracy and relevance of the information contained in this register.

Article 26. Register of recipients of social services

1. The register of recipients of social services is formed in the constituent entity of the Russian Federation on the basis of data provided by providers of social services.

2. The register of recipients of social services contains the following information about the recipient of social services:

account registration number;
Full Name;
Date of Birth;
address (place of residence), contact phone number;
insurance number of an individual personal account;
series, passport number or data of another identity document, date of issue of these documents and the name of the issuing authority;
the date of the request for the provision of social services;
date of registration and number of the individual program;
the name of the provider or the names of the social service providers implementing the individual program;
a list of social services provided and provided to the recipient of social services in accordance with the concluded agreement on the provision of social services with an indication of tariffs, the cost of social services for the recipient of social services, sources of funding, frequency and results of their provision;
other information determined by the Government of the Russian Federation.

Article 27. Requirements for the procedure for the provision of social services

1. The procedure for the provision of social services is mandatory for providers of social services.

2. The procedure for the provision of social services is established by the forms of social services, types of social services and includes:

the name of the social service;
social service standard;
rules for the provision of social services free of charge or for a fee or partial payment;
requirements for the activities of a social service provider in the field of social services;
a list of documents required for the provision of a social service, indicating the documents and information that must be submitted by the recipient of the social service, and documents that must be submitted within the framework of interdepartmental information interaction or submitted by the recipient of the social service on its own initiative;

6) other provisions depending on the form of social services, types of social services.

3. The social service standard includes:

description of the social service, including its volume;
the timing of the provision of social services;
per capita standard for financing social services;
quality indicators and assessment of the results of the provision of social services;
the conditions for the provision of social services, including the conditions for the availability of the provision of social services for disabled people and other persons, taking into account the restrictions on their life;
other provisions necessary for the provision of social services.

Article 28. Interdepartmental interaction in the organization of social services in a constituent entity of the Russian Federation

1. Interdepartmental interaction in the organization of social services in the constituent entity of the Russian Federation and social support is carried out on the basis of the regulations for interdepartmental interaction, which determine the content and procedure for actions of state authorities of the constituent entity of the Russian Federation in connection with the exercise of the powers of the constituent entity of the Russian Federation established by this Federal Law.

2. The regulations for interagency interaction determine:

a list of government bodies of the constituent entity of the Russian Federation that carry out interdepartmental interaction;
types of activities carried out by state authorities of a constituent entity of the Russian Federation;
the procedure and forms of interagency interaction;
requirements for the content, forms and conditions of information exchange, including in electronic form;
a mechanism for the implementation of measures for social support, including the procedure for involving organizations in its implementation;
the procedure for exercising state control (supervision) and evaluating the results of interdepartmental interaction.

Article 29. Prevention of circumstances that determine the need of a citizen in social services

1. Prevention of the circumstances that determine the need of a citizen in social services is carried out by:

examining the living conditions of a citizen, determining the reasons affecting the deterioration of these conditions;
analysis of the data of state statistical reporting, conducting, if necessary, selective sociological surveys.

2. Measures to prevent the circumstances that determine the need of a citizen for social services are carried out, inter alia, within the framework of regional programs of social services approved by the state authorities of the constituent entities of the Russian Federation.

Chapter 8. Financing of social services and terms of payment for social services

Article 30. Financial provision of social services

1. Sources of financial support for social services are:

funds from the budgets of the budgetary system of the Russian Federation;
charitable contributions and donations;
funds of recipients of social services in the provision of social services for a fee or partial payment;
income from entrepreneurial and other income-generating activities carried out by social service organizations, as well as other sources not prohibited by law.

2. Financial support for the activities of social service organizations under the jurisdiction of federal executive bodies is carried out in accordance with the budgetary legislation of the Russian Federation at the expense of funds federal budget, as well as at the expense of the recipients of social services in the provision of social services for a fee or partial payment.

3. Financial support for the activities of social service organizations of the constituent entity of the Russian Federation is carried out in accordance with the budgetary legislation of the Russian Federation at the expense of the budget of the constituent entity of the Russian Federation, as well as at the expense of recipients of social services when providing social services for a fee or partial payment.

4. Financial support for the provision of social services by non-governmental organizations, individual entrepreneurs engaged in social services, and socially oriented social services non-profit organizations is carried out through the provision of subsidies from the corresponding budget of the budgetary system of the Russian Federation in accordance with the budgetary legislation of the Russian Federation, procurement of social services in accordance with the legislation of the Russian Federation on the contractual system in the field of procurement of goods, works, services to meet state and municipal needs, as well as for account of funds of recipients of social services in the provision of social services for a fee or partial payment.

5. An authorized federal executive body, an authorized body of a constituent entity of the Russian Federation shall have the right to attract other sources of funding for social services, including for the implementation of joint projects in this area.

6. The procedure for spending the funds generated as a result of charging fees for the provision of social services is established:

by the federal executive body - for social service organizations under the jurisdiction of the federal executive bodies;
by the authorized body of the constituent entity of the Russian Federation - for social service organizations of the constituent entity of the Russian Federation.

7. The procedure for spending funds resulting from the collection of fees for the provision of social services should provide for the possibility of using these funds for current activities, the development of a social service organization, and incentives for its employees.

8. If a citizen receives social services provided for by an individual program from a provider or providers of social services that are included in the register of providers of social services of the constituent entity of the Russian Federation, but do not participate in the fulfillment of a state task (order), the provider or providers of social services are paid compensation in the amount of and in the manner determined by the regulatory legal acts of the constituent entity of the Russian Federation.

Article 31. Providing social services for free

1. Social services in the form of social services at home, in semi-stationary and stationary forms of social services are provided free of charge:

minor children;
to persons affected by emergencies, armed interethnic (interethnic) conflicts.

2. Social services in the form of social services at home and in the semi-stationary form of social services are provided free of charge if, on the date of circulation, the average per capita income of the recipient of social services, calculated in accordance with the regulatory legal acts of the Russian Federation, is below the limit value or equal to the limit value of the average per capita income for provision social services free of charge, established by law subject of the Russian Federation.

3. Regulatory legal acts of the constituent entities of the Russian Federation may provide for other categories of citizens to whom social services are provided free of charge.

4. The procedure for determining the average per capita income for the provision of social services free of charge for the purposes of this Federal Law is established by the Government of the Russian Federation.

5. The size of the maximum per capita income for the provision of social services is established free of charge by the laws of the constituent entity of the Russian Federation and cannot be less than one and a half of the subsistence minimum established in the constituent entity of the Russian Federation for the main socio-demographic groups of the population.

Article 32. Determination of the amount of payment for the provision of social services

1. Social services in the form of social services at home and in the semi-stationary form of social services are provided for a fee or partial payment if, as of the date of circulation, the average per capita income of recipients of social services, calculated in accordance with Part 4 of Article 31 of this Federal Law, exceeds the maximum per capita income established by Part 5 of Article 31 of this Federal Law.

2. The amount of the monthly payment for the provision of social services in the form of social services at home and in the semi-stationary form of social services is calculated on the basis of tariffs for social services, but cannot exceed fifty percent of the difference between the average per capita income of a recipient of social services and the maximum per capita income established Part 5 of Article 31 of this Federal Law.

3. Social services in the stationary form of social services are provided to their recipients for a fee or partial payment, with the exception of recipients of social services specified in Parts 1 and 3 of Article 31 of this Federal Law.

4. The size of the monthly payment for the provision of social services in a stationary form of social services is calculated on the basis of tariffs for social services, but may not exceed seventy-five percent of the average per capita income of the recipient of social services, calculated in accordance with Part 4 of Article 31 of this Federal Law.

5. Payment for the provision of social services is made in accordance with the agreement on the provision of social services provided for in Article 17 of this Federal Law.

Chapter 9. Supervision in the field of social services

Article 33. State control (supervision) in the field of social services

1. The provisions of the Federal Law of December 26, 2008 N 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs when exercising state control (supervision) and municipal control ".

2. Regional state control in the field of social services is carried out by the authorized body of the constituent entity of the Russian Federation in the manner established by the state authority of the constituent entity of the Russian Federation.

Article 34. Public control in the field of social services

Public control in the field of social services is carried out by citizens, public and other organizations in accordance with the legislation of the Russian Federation on the protection of consumer rights. The state authorities of the constituent entities of the Russian Federation, within the established competence, provide assistance to citizens, public and other organizations in the implementation of public control in the field of social services.

Chapter 10. Final and transitional provisions

Article 35. Transitional provisions

1. The list of social services provided by providers of social services in the constituent entity of the Russian Federation approved by the state authority of the constituent entity of the Russian Federation in connection with the adoption of this Federal Law cannot be reduced in comparison with the list of social services established in the constituent entity of the Russian Federation as of December 31, 2014 services provided by social service organizations in the constituent entity of the Russian Federation.

2. Within the framework of continuing legal relations for recipients of social services, for whom the right to receive social services arose in accordance with the procedure for the provision of social services in the constituent entity of the Russian Federation in force prior to the entry into force of this Federal Law, the newly established amount of payment for the provision of social services by social providers services in a constituent entity of the Russian Federation and the conditions for its provision in accordance with this Federal Law cannot be higher than the amount of payment for the provision of relevant social services to these persons established as of December 31, 2014, and the conditions for the provision of relevant social services cannot be worsened in comparison with the terms established as of December 31, 2014.

Article 36. On recognition as invalid of certain legislative acts (provisions of legislative acts) of the Russian Federation

Declare invalid:

Federal Law of August 2, 1995 N 122-FZ "On social services for elderly citizens and the disabled" (Collected Legislation of the Russian Federation, 1995, N 32, Art. 3198);
Federal Law of December 10, 1995 N 195-FZ "On the Basics of Social Services for the Population in the Russian Federation" (Collected Legislation of the Russian Federation, 1995, N 50, Art. 4872);
Federal Law of July 10, 2002 N 87-FZ "On Amendments to Article 6 of the Federal Law" On the Fundamentals of Social Services to the Population in the Russian Federation "and additions to Article 2 of the Law of the Russian Federation" On Standardization "(Collected Legislation of the Russian Federation, 2002, 28, Article 2791);
Clause 4 of Article 36 of the Federal Law of July 25, 2002 N 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation" (Collected Legislation of the Russian Federation, 2002, N 30, Art. 3032);
Articles 17 and 23 of the Federal Law of January 10, 2003 N 15-FZ "On Amendments and Additions to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law" On Licensing certain types activity "(Collected Legislation of the Russian Federation, 2003, N 2, Art. 167);
Articles 56 and 65 of the Federal Law of August 22, 2004 N 122-FZ "On Amendments to the Legislative Acts of the Russian Federation and the Invalidation of Certain Legislative Acts of the Russian Federation in Connection with the Adoption of Federal Laws" On Amendments and Additions to the Federal Law "On general principles the organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation "and" On the general principles of organizing local self-government in the Russian Federation "(Collected Legislation of the Russian Federation, 2004, No. 35, art. 3607);
Article 29 of the Federal Law of July 23, 2008 N 160-FZ "On Amendments to Certain Legislative Acts of the Russian Federation in Connection with Improving the Exercise of the Powers of the Government of the Russian Federation" (Collected Legislation of the Russian Federation, 2008, N 30, Art. 3616);
Article 2 of the Federal Law of November 21, 2011 N 326-FZ "On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law" On Free Legal Aid in the Russian Federation "(Collected Legislation of the Russian Federation, 2011, N 48, Art. . 6727);
Articles 12 and 13 of the Federal Law of November 25, 2013 N 317-FZ "On Amending Certain Legislative Acts of the Russian Federation and Recognizing Certain Provisions of Legislative Acts of the Russian Federation on the Protection of the Health of Citizens in the Russian Federation" (Collected Legislation of the Russian Federation, 2013, N 48, Art.6165).

Article 37. Entry into force of this Federal Law

President of Russian Federation

3. Regulatory legal acts of the constituent entities of the Russian Federation may provide for other categories of citizens to whom social services are provided free of charge.

Judicial practice under article 31 of the Federal Law of December 28, 2013 No. 442-ФЗ

Decision No. 2-2231 / 2018 2-2231 / 2018 ~ M-1992/2018 M-1992/2018 dated July 18, 2018 in case No. 2-2231 / 2018

Its provision in accordance with this Federal Law cannot be higher than the amount of payment for the provision of relevant social services to these persons established as of December 31, 2014, and the conditions for the provision of relevant social services cannot be worsened in comparison with the conditions established as of December 31, 2014. Article 19 ...

Decision No. 2-1568 / 2018 2-1568 / 2018 ~ M-919/2018 M-919/2018 dated July 11, 2018 in case No. 2-1568 / 2018

Central District Court of Togliatti (Samara Region) - Civil and Administrative

Social services are provided to their recipients in the form of social services at home, or in a semi-stationary form, or in a stationary form. In accordance with Part 1 of Art. 31 of Federal Law No. 442-FZ of 28.12.2013, social services in the form of social services at home, in semi-stationary and stationary forms of social services are provided free of charge: 1) ...

Decision No. 2-1061 / 2018 2-1061 / 2018 ~ M-438/2018 M-438/2018 dated June 19, 2018 in case No. 2-1061 / 2018

Bezhitskiy District Court of Bryansk (Bryansk Region) - Civil and Administrative

Bryansk boarding house for the elderly and the disabled ”, the previously existing legal relationship for the provision of social services to the defendant by the plaintiff ceased, since the agreement on the provision of social services became invalid 31. 12.2017. In addition, during his stay in the boarding school, the defendant systematically violated the internal regulations, rudely and insulted employees and residents. Based on the provisions of Articles 309, 310, ...