Legislative base of the Russian Federation. Social services under the new rules

social service of the population as one of the components of social support for the population is a line of activity of social services in the field of social support, for the provision of social, social, medical, psychological and pedagogical, as well as other types of services, for social adaptation and rehabilitation of citizens in difficult life situations.

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

The law provides for the implementation of interdepartmental interaction in the provision of social services on the basis of regulations approved by 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 are, as a rule, relations arising from the achievement of goals in specific area activities, i.e. in essence, the subject of regulation is legal relations, united by certain features that allow them to be distinguished into a separate group. The commented person regulates the legal relations arising from the provision of social services.

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

The legal framework is a set of rules of law governing the main issues in the field of social services. The task of the commentator is to establish the main legal "brackets", to create a legal foundation for building a system of social services. The concretization of legal norms is assigned to subordinate regulatory 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 Foundations social services is, first of all, the establishment of the procedure for the provision of social services. The commentator determines the circle of persons who can act as providers of social services, and also cites the criteria by which citizens can be classified as a "recipient of social services." The procedure for the provision of social services is established, incl. rules for applying for such services. It is through the establishment of a circle of persons who can be social service organizations, the definition of their legal status, the bases for exercising control over the activities of such persons, as well as the requirements for the provision of social services, and the organizational role of the commented Law in the field of social services is being 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 The Russian Federation and the constituent entities of the Russian Federation issue federal laws and laws and other regulatory legal acts of the constituent entities of the Russian Federation adopted in accordance with them. Such a two-level system of legal regulation requires consistency, a clear delineation of powers between the subjects of the Russian Federation and federal center. The commented Law, which establishes a list of powers of federal government bodies, 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 designated powers are open and can be supplemented if necessary.

The organization of a social service system is impossible without establishing the legal status of the main participants in the system - providers and recipients of social services. Commented in the relevant chapters establishes the rights and obligations of the above persons. Among the features of the commented Law, one can single out the requirement for informational openness of a social service provider, which is obliged to provide information about its activities in the public domain. This duty of the provider corresponds with the right of the recipient of social services to have access to such information. Information openness of the social service provider is one of the guaranteeing elements of the organization of independent public control over the quality of social services.

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

Formerly active in the field the federal law 195 of the Federal Law "On the basics of social services for the population in the Russian Federation" became invalid with the adoption of a new law. Federal Law 442 was approved on December 28, 2013, entered into force on January 1, 2015, from that moment Federal Law 195 ceased to be valid.

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

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

In accordance with general provisions Law FZ 442 defines the following principles for providing required services to the population:

• observance of human rights;
• humanity;
• respect for human dignity and honor;
• equal and free access of citizens to social services;
• address orientation;
• proximity of suppliers to the place of residence of citizens;
• formation of a sufficient number of suppliers to meet the needs of the population;
• creation of a habitual and favorable environment for a person;
• voluntariness of the use of provided services;
• privacy and .

By Article 19 FZ 442 social services are provided at home, semi-stationary or in stationary form. In the first case, the supplier arrives at the place of residence of the applicant. Semi-stationary services imply the ability to access them at certain opening hours of the institution. Stationarity is the residence of the recipient on the territory of the institution that provides the services provided.

Types of social services under article 20 of the Federal Law 442 are defined in the following categories:

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

The types of social services include urgent help in emergencies and emergencies.

Also in the Russian Federation there is a Federal Law on social services for the elderly and the disabled. You can learn more about this law

Download 442 FZ

Download Federal Law "On the Fundamentals of Social Services for Citizens in the Russian Federation" 442-FZ can . Document presented in latest edition as amended as of August 2014. The text can be used by human rights defenders, officials, as well as citizens who study in depth their rights and obligations.

Last changes

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

• part 1 Art. 7 and article 8 respectively supplemented by paragraphs 7.1 and 24.1 of the same content: “ creation of conditions for organizing independent evaluation quality of services provided by social service organizations»;
• v article 13 Law 442 FZ in part 2 introduced clause 12.1 on an independent assessment of the quality of services provided; Part 4 was introduced on ensuring the technical possibility for citizens to express their opinion about the quality on official websites;
• added to the law article 23.1.

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

• openness and availability of information;
• comfort conditions;
• availability of required services;
• waiting time for social services;
• friendliness, courtesy and competence of employees;
• satisfaction of citizens in the services received.

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

Social services are regulated by the fundamentals of the legal norms of the current Federal Law. Additionally included are other regulations Russian Federation, as well as the laws of local subjects of the Russian Federation.

Recent changes made to the 442-Law "On Social Services"

The new legislation states that institutions that provide citizens with social services become service providers. However, now they do not check citizens who need service. Now it is controlled by an authorized body consisting of a commission of experts.

Changes in the law also affect the method individual approach. For example, social support is new element in the service system. It allows citizens to necessary types services in the following areas:

• medical;
• legal;
• Psychological;
• Pedagogical;
• Social assistance, if it is not related to service.

The grounds due to which citizens are recognized as in need of services are also determined. Below are the changes in the following articles of the law:

Article 7

It supplemented part 1 of the law. To determine the assessment of the quality of services provided, are created special conditions in service delivery organizations.

Article 8

It describes paragraph 24.1 of the law. We are talking about an independent assessment after the services rendered by social security institutions.

Article 13 442-FZ

This article has been supplemented by paragraph 2 in new edition. It refers to the conduct of an independent assessment of the quality of services provided by employees in social sphere. The indicators are determined by the Federal executive body.

Part 4 of the law has also been supplemented. It states that, regardless of the body that provides services, it must provide world wide web opportunity to express opinion in writing. People who have used the service can write a comment or review after the service has been successfully provided.

Article 15 FZ-442

The criteria of the law are described, on the basis of which a citizen is recognized as needing social security. To recognize it as such, it is required to analyze the circumstances that contribute to the deterioration of normal living conditions. He must also be declared incompetent. A citizen cannot:

• Impossible independent movement of people with disabilities (more about social protection of people with disabilities in);
• serviced;
• Provide yourself with the necessities of life.

Describes compilation methods individual program. An individual program is a document that specifies:

• Types of services;
• Periodicity;
• Volume;
• Conditions;
• Timing.

The document is created based on the needs of a citizen in social services. The list of needs is reviewed once every 36 months. But only on the basis of an already created individual program. No changes were made in the latest version of the law.

A list of services that are urgently provided is listed.

In accordance with the law, the range of services is as follows:

• The necessary set of products or the provision of free hot meals;
• Citizens are provided with shoes, clothes or other essentials;
• Assistance in obtaining housing;
• Other urgent services.

No changes were made to the article in the latest edition.

Article 31 442

The list of persons who can receive social services is free. This list includes:

• Minor children;
• Persons who have suffered as a result of an emergency or military (international) conflicts.

To analyze the law, changes and additions, download it from the link above.

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

(Edition dated 20.10.2014)

Federal Law No. 442-FZ of December 28, 2013 “On the Fundamentals of Social Services for Citizens in the Russian Federation”, in accordance with its Article 37, comes into force on January 1, 2015.

As appears from explanatory notes and comments to it, the provisions of the Federal Law "On the Fundamentals of Social Services for Citizens in the Russian Federation" systematize and regulate the practice of organizing social services for the population that has actually developed in the constituent entities of the Russian Federation.

At the same time, Federal Law No. 442 introduces unconstitutional norms that encroach on the inviolability of private life, the inviolability of the home (part 1 of article 23 of the Constitution of the Russian Federation, parts 1, 2 of article 137 of the Criminal Code of the Russian Federation), allowing arbitrary interference in family affairs (art. one family code RF), and, moreover, beyond the scope of the subject of legal regulation of this Law, stated in its articles 1-3.

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

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

Article 29 of the Federal Law No. 442 establishes that the prevention of circumstances that determine the need for a citizen in social services, including carried out by " surveysconditionslife-sustaining citizen, determining the causes,affecting the deterioration of these conditions".

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

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

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

To prevent these circumstances specified in the law, which are the basis for the provision of social services to a citizen, a set of measures is needed in the field of economics, culture, education, medicine, safety and others. However, in the conclusion of the Government of the Russian Federation it is said that this law does not require additional funding, which means that funding "for prevention" under the new law is not included.

The danger of the proposed norm is obvious: under a plausible pretext, total control over citizens is introduced, with the aim of greater coverage of the population with social services, and, consequently, obtaining more funding for organizations providing these services. One can see not so much the state's concern for the recipients of social services as for the providers of social services.

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

2. Subparagraph 5 of paragraph 1 of Article 15 “Recognition of a citizen in need of social services” will also contribute to total control over the population, which, as a circumstance worsening or capable of worsening the living conditions of a citizen, entailing the need for social services, indicates

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

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

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

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

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

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

In each family, depending on the cultural, spiritual traditions, family rules introduced by the spouses from parental relations into their family, one of them takes on the role of the head of the family and establishes new rules by which the married couple lives, are brought up
children. The upbringing of children is built on demands, concessions, compromises, rewards and punishments and is based on the formation of responsibility for all family members through overcoming marital and child-parent conflicts and subordination to family authorities (father and mother) "(from the same expert opinion) .

Thus, psychological violence should be excluded from the scope of Federal Law No. 442, as a carrier potential threat for intervention in family relations by the bodies of interdepartmental interaction.

Since physical or sexual violence in the family may be circumstances requiring social services, such as providing shelter to mother and child, subparagraph 5 of paragraph one of Article 15 should be reworded, leaving them among the circumstances that worsen or may worsen the living conditions of a citizen.

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

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

THE RUSSIAN FEDERATION

THE FEDERAL LAW

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

(as amended on July 21, 2014)

Repealed from January 1, 2015 on the basis of
Federal Law of December 28, 2013 N 442-FZ

____________________________________________________________________
Document as amended by:
Federal Law No. 87-FZ of July 10, 2002 ( Russian newspaper, N 127, 07/13/2002);
Federal Law No. 115-FZ of July 25, 2002 (Rossiyskaya Gazeta, No. 140, July 31, 2002);
Federal Law No. 15-FZ of January 10, 2003 (Rossiyskaya Gazeta, No. 5, January 15, 2003);
Federal Law No. 122-FZ of August 22, 2004 (Rossiyskaya Gazeta, No. 188, August 31, 2004) (for the procedure for entry into force, see Article 155 of Federal Law No. 122-FZ of August 22, 2004);
Federal Law No. 160-FZ of July 23, 2008 (Rossiyskaya Gazeta, No. 158, July 25, 2008) (entered into force on January 1, 2009);
Federal Law No. 317-FZ of November 25, 2013 (Official Internet portal of legal information www.pravo.gov.ru, November 25, 2013) ;
Federal Law No. 256-FZ of July 21, 2014 (Official Internet portal of legal information www.pravo.gov.ru, July 22, 2014) FZ).

This 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, medical, psychological, pedagogical, social and legal services and material assistance, social adaptation and rehabilitation of citizens in difficult 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 their form of ownership, providing social services, as well as citizens engaged in entrepreneurial activities for social services to the population without forming a legal entity;

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

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;

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, low income, unemployment, lack of a fixed place of residence, conflicts and abuse in the family, loneliness, etc. ), which he cannot overcome on his own.

Article 4 Social service systems

1. State system of social services - a system consisting of state enterprises and social service institutions that are the property of the constituent entities of the Russian Federation and are under the jurisdiction of state authorities of the constituent entities of the Russian Federation.

See previous edition.

3. Social services are also carried out by enterprises and institutions of other forms of ownership and citizens engaged in entrepreneurial activities for 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 service

Social services are based on the principles:

1) targeting;

2) accessibility;

3) voluntariness;

4) humanity;

5) prioritization of the provision of social services to minors in difficult life situations;

6) confidentiality;

7) preventive orientation.

Article 6. State standards of social services *6)

1. Social services must comply with state standards that 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 No. 87-FZ of July 13, 2002; as amended by Federal Law No. 122-FZ of August 22, 2004, see . previous edition).

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

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 established by laws and other regulatory legal acts of the constituent entities of the Russian Federation (the paragraph was supplemented from January 1, 2005 by the Federal Law of August 22, 2004 N 122-FZ - see the previous edition). *7.1)

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

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

4. Foreign citizens permanently residing in the Russian Federation have the same rights as citizens of the Russian Federation to social services, unless otherwise established by an international treaty of the Russian Federation (item as amended, put into effect on October 31, 2002 by Federal Law No. 115-FZ of July 25, 2002 - see previous version). *7.4)

Article 8. Financial assistance

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

2. The grounds for 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 service at home

1. Social services at home shall be 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 advanced age, illness, disability, are provided with home assistance in the form of social, social and medical services and other assistance.

Article 10. Social services in stationary institutions

Social services in stationary 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 to their age and state of health, the implementation of medical, psychological, social character, food and care, as well as the organization of feasible labor activity, recreation and leisure. *10)

Article 11. Provision of temporary shelter *11)

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

Article 12 Organization day stay in social service institutions

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

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 for life, psychological and pedagogical assistance, and social and legal protection.

Article 14. Rehabilitation services

Social services provide assistance in the professional, social, psychological rehabilitation of disabled people, persons with disabilities, juvenile delinquents, other citizens who find themselves in a difficult life situation and need rehabilitation services.

Article 15. Payment for social services

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

2. Free social services in the state system of social services are carried out on the grounds provided for in Article 16 of this Federal Law. The procedure for providing free social services is determined by the state authorities of the constituent entities of the Russian Federation (item as amended, put into effect on January 1, 2005 by Federal Law No. 122-FZ of August 22, 2004 - see previous version).

3. Paid social services in the state system of social services are provided in the manner established by the state authorities of the constituent entities of the Russian Federation (item as amended, put into effect on January 1, 2005 by Federal Law No. 122-FZ of August 22, 2004 - see previous version).

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

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

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

1) citizens who are not capable of self-care due to advanced age, illness, disability, who do not have relatives who can provide them with assistance 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 ; *16.1.1)

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

3) minor children who are in a difficult life situation.

2. The paragraph became invalid from January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ . - See previous edition.

CHAPTER III. ORGANIZATION OF SOCIAL SERVICES

Article 17. Institutions and enterprises of social services

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

1) complex 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 teenagers; *17.1.6)

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

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

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

10) night stay houses; *17.1.10)

11) special homes for single elderly; *17.1.11)

12) stationary institutions social services (boarding houses for the elderly and disabled, neuropsychiatric boarding schools, orphanages for mentally retarded children, boarding houses 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 providing social services to the population.

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

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

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

2. An independent assessment of the quality of the provision of services by social service institutions and enterprises provides for an assessment of the conditions for the provision of services according to such general criteria as the openness and availability of information about the institution and the social service enterprise; comfortable conditions for the provision of social services and the availability of information about the institution and the enterprise of social services; 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; friendliness, courtesy, 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 social service institutions and enterprises is carried out in accordance with the provisions of this article. When conducting an independent assessment of the quality of the provision of services by institutions and enterprises of social services, publicly available information about institutions and enterprises of social services is used, which is also placed in the form of open data.

4. An independent assessment of the quality of the provision of services by social service institutions and enterprises is carried out in relation to state enterprises and social service institutions that are the property of the constituent entities of the Russian Federation and are under the jurisdiction of state authorities of the constituent entities of the Russian Federation, other institutions and social service enterprises, in authorized capital in which the share of the Russian Federation, a constituent entity of the Russian Federation or a municipality in the 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 services provided by institutions and enterprises of social services:

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

2) state 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 enterprises of social services located in the territories of the constituent entities of the Russian Federation, and approve the regulation on them;

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

6. Indicators characterizing general criteria assessments of the quality of the provision of services by 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 services provided by social service institutions and enterprises may be assigned to public councils existing under these bodies. In such cases, public councils for conducting an independent assessment of the quality of services provided by social service institutions and enterprises are not created.

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

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

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

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 terms of reference for an organization that collects, summarizes and analyzes information on the quality of services provided by institutions and social service enterprises (hereinafter referred to as the operator), takes part in the consideration of draft documentation on the procurement of works, services, as well as projects of state , municipal contracts concluded by the authorized federal executive body, state authorities of the constituent entities of the Russian Federation or local authorities 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 services provided by social service institutions and enterprises;

5) submit, respectively, to the authorized federal executive body, state authorities of the constituent entities of the Russian Federation, local self-government bodies the results of an independent assessment of the quality of services provided by social service institutions and 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, compilation 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 field of procurement of goods, works, services to ensure public and municipal needs. The authorized federal executive body, state authorities of the constituent entities of the Russian Federation, local governments, based on the results of the conclusion of state, municipal contracts, draw up a decision to determine the operator responsible for conducting an independent assessment of the quality of services provided by institutions and social service enterprises, and also, if necessary, provide the operator with a public information about the activities of these institutions and enterprises, formed in accordance with state and departmental statistical reporting(if it is not posted on the official website of the institution or enterprise).

12. The information on the results of an independent assessment of the quality of the provision of services by institutions and social service enterprises received by the authorized federal executive body, state authorities of the constituent entities of the Russian Federation, local governments, respectively, is subject to mandatory consideration by these bodies within a month and is taken into account by them when developing measures to improve work of institutions and enterprises of social services.

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

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

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

14. The composition of information on the results of an independent assessment of the quality of the provision of services by social service institutions and enterprises and the procedure for its placement 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. Control over compliance with the procedures for conducting an independent assessment of the quality of services provided by social service institutions and enterprises is carried out in accordance with the legislation of the Russian Federation.

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

1. Institutions and enterprises of social services ensure the openness and availability 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, work schedule, contact numbers and e-mail addresses;

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

6) a copy of the financial and economic activity plan of the institution or social service enterprise, approved in established by law Russian Federation order, 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, 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 services provided by social service institutions and enterprises.

2. The information specified in paragraph 1 of this article is posted on the official websites of the authorized federal executive body, state authorities of the constituent entities of the Russian Federation, local governments, institutions and social service enterprises on the Internet in accordance with the requirements for its content and 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 governments, institutions and social service enterprises provide on their official websites on the Internet the technical possibility for the recipients of social services to express their opinions on the quality of the provision of services by institutions and social service enterprises .
(The article was additionally included from October 21, 2014 by the Federal Law of July 21, 2014 N 256-FZ)

Article 18. Licensing in the field of social services

(the article was excluded from January 15, 2003 by the Federal Law of January 10, 2003 N 15-FZ . - See previous edition)

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 (item as amended, put into effect on January 1, 2005 by Federal Law No. 122-FZ of August 22, 2004 - see previous version).

2. The paragraph became invalid from January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ . - See previous edition.

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 No. 122-FZ of August 22, 2004; as amended by Federal Law No. 160-FZ of July 23, 2008, see . previous edition).

CHAPTER IV. POWERS OF FEDERAL STATE AUTHORITIES AND STATE AUTHORITIES OF SUBJECTS OF THE RUSSIAN FEDERATION IN THE FIELD OF SOCIAL SERVICES

Article 20

The powers of federal government bodies include:

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

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

3) the subparagraph became invalid from January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ - see previous edition;

4) the subparagraph became invalid from January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ - see previous edition;

5) establishment of methodological support for social services (subclause as amended, put into effect on January 1, 2005 by Federal Law No. 122-FZ of August 22, 2004 - see previous version);

6) the subparagraph is excluded from January 15, 2003 by the Federal Law of January 10, 2003 N 15-FZ . - See previous edition;
____________________________________________________________________
Subparagraphs 7-11 of the previous edition from January 15, 2003 shall be considered, respectively, subparagraphs 6-10 of this edition - Federal Law of January 10, 2003 N 15-FZ.
____________________________________________________________________

6) the subparagraph became invalid from January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ - see previous edition;

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

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

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

Article 21

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

The powers of state authorities 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;

Establishing the procedure for coordinating the activities of social services;

Creation, management and provision of activities of social service institutions;

Creation of conditions for organizing an independent assessment of the quality of services provided by institutions and enterprises of social services;
(The paragraph is additionally included from October 21, 2014 by the Federal Law of July 21, 2014 N 256-FZ)
____________________________________________________________________
The paragraph of the seventh part of the second 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.
____________________________________________________________________

Other powers.
(Article as amended, entered into force on January 1, 2005 by Federal Law No. 122-FZ of August 22, 2004 - see previous version)

CHAPTER V. RESOURCING OF SOCIAL SERVICES

Article 22

Social services, in accordance with the procedure established by the legislation of the Russian Federation, are provided with land plots and property necessary for the fulfillment of 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 standards 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 (Article in the wording put into effect on January 1, 2005 by Federal Law No. 122-FZ of August 22, 2004 - see previous version).

Article 24 Entrepreneurial activity 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 this serves to achieve the goals for which they were created.

2. Entrepreneurial activities of social service institutions are subject to preferential taxation in accordance with the procedure established by the legislation of the Russian Federation.

Article 25 Staffing social services

1. The effectiveness of the activities of social services is ensured by specialists with professional education who meets the requirements and nature of the work performed, has experience in the field of social services and is prone to the provision of social services in their personal qualities.

2. Measures of social support for employees state system social services are determined by the state authorities of the constituent entities of the Russian Federation in accordance with their powers (item as amended, put into effect on January 1, 2005 by Federal Law No. 122-FZ of August 22, 2004 - see previous version).

3. Medical workers of the state system of social services directly involved in social and medical care 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 workers medical organizations state health care system. *25.3)
(Clause as amended, entered into force on January 1, 2005 by Federal Law No. 122-FZ of August 22, 2004 - see previous version)

4. Employees of social service institutions of the state system of social services directly involved in the social rehabilitation of minors may be provided with measures of social support in the manner and on the conditions 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 (item as amended, put into effect on January 1, 2005 by Federal Law No. 122-FZ of August 22, 2004 - see previous version). *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 (item as amended, put into effect on January 1, 2005 by Federal Law No. 122-FZ of August 22, 2004 - see previous version).

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 to 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 that are provided for by the legislation of the Russian Federation.

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

Actions (inaction) of social services may be appealed by a citizen, his guardian, custodian, other legal representative to state authorities, local self-government bodies or to the 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

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