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Legislative base of the Russian Federation. Understanding the new law on social services

October 25, 2010, speaking at a meeting of the presidium State Council about social policy for senior citizens, Dmitry Medvedev, who at that time held the post of president, took the initiative to prepare a new law on social services. "One of the tasks of today's State Council Presidium is to summarize and disseminate what is called the best regional practices. Moreover, it [ new law. – Red.] can concern not only the elderly, but the entire population of our country," the politician said at the time.

And such a law was adopted, and already on January 1, 2015 it entered into force (Federal Law of December 28, 2013 No. 442-FZ "" (hereinafter referred to as the new law). At the same time, most of the acts that previously regulated social services for citizens In particular, the Federal Law of December 10, 1995 No. 195-FZ "" (hereinafter referred to as the old law) and Federal Law of August 2, 1995 No. 122-FZ "" ceased to have effect.

Consider what changes citizens need to keep in mind in connection with the entry into force of the new law.

Introduced the concept of "recipient social services"

Since January 1, the term "social service client" () has disappeared from the legislation, instead of which the concept of "social service recipient" () has been introduced. A citizen may be recognized as a recipient of social services if he is in need of social services and he is provided with a social service.

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

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

Now information about recipients of social services is entered into a special register. The subjects of the federation are engaged in its formation on the basis of data provided by social service providers ().

Until January 1, 2015, social services were provided to citizens in difficult life situations - the new law does not contain such a term, which makes the list of grounds for receiving assistance more unambiguous. The old law understood a difficult life situation as a situation that objectively disrupts the life of a citizen, which he cannot overcome on his own. Usually this meant disability, inability to self-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. ().

OPINION

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

Social service provider identified

The list of types of social services has been expanded

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

After the entry into force of the new law, citizens can count on the provision of the following types of social services:

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

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

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

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

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

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

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

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

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

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

EXAMPLE

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

Therefore, the maximum tariff for a social service should be calculated according to the following formula:

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

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

The formula for calculating the rate will be as follows:

12 000 rub. x 75% = 9000 rub.

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

Previously, the amount of payment for social services and the procedure for their provision were regulated by the authorities state power subjects of the federation and directly social services ().

Changed the procedure for receiving social services

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

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

A program is drawn up within a period of no more than 10 working days from the date of filing an application for the provision of social services, and is reviewed at least once every three years (). Urgent social services are provided without drawing up an individual program (). Previously, such programs were not provided.

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

OPINION

Galina Karelova, Deputy Chairman of the Federation Council:

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

Social service organization defined

Interestingly, the new law spells out obvious things at first glance: social service providers do not have the right to restrict the rights of social service recipients; use insults, rude treatment; place children with disabilities who do not suffer from mental disorders in stationary organizations intended for children with disabilities who suffer from mental disorders, and vice versa ().

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

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

But there is also a "fly in the ointment" in the new rules. Thus, the new law does not establish any requirements for staffing social services. Let us recall that earlier only specialists with professional education, corresponding to the requirements and nature of the work performed, experience in the field of social services, and inclined in their personal qualities to provide social services ().

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 of 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. It is about carrying out independent evaluation after 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. Indicators are determined Federal body executive power.

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 methods for compiling an individual program. An individual program is a document that specifies:

  • Types of services;
  • Periodicity;
  • Volume;
  • Terms;
  • 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. AT latest edition no changes were made to 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.

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

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

Institutions of social services to the population, according to the new legislation, become providers of social services and lose their powers to recognize citizens as in need of social services. Now the authorized body (the commission for recognizing citizens in need of social services) will recognize citizens in need of social services.

In the field of social services for the population, emphasis is placed on prevention and individual approach. A new element in the system of social services is "social support", the essence of which is to assist citizens through interagency cooperation in obtaining different kind services: legal, medical, psychological, pedagogical, as well as social assistance not related to social services.
The grounds for recognizing citizens in need of social services are determined. This is the presence of circumstances that worsen or may worsen the living conditions of a person.

According to the law, payment for the provision of social services provided in semi-stationary conditions and at home is based on a targeted approach to their recipients and depends on the level of their average per capita income. Now citizens whose average per capita income does not exceed one and a half of the subsistence minimum will receive social services free of charge. The law also establishes the maximum amount of payment for social services.

Provides for the creation information resources in the field of social services - the register of social service providers and the register of recipients of social services.

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

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

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

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

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

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

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

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

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

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

6. Q: Who can apply for social services?

Answer: For the provision of social services, a citizen or his legal representative may apply himself or, at his request, other citizens, government bodies, local governments, public associations.

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

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

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

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

9. Question: Who is entitled to free social services?

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

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

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

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

According to the Constitution, the Russian Federation is a socially oriented state. That is why all categories of citizens should be provided with high-quality social services, the procedure for providing which is regulated in 442-FZ. Some of the provisions of this regulatory act will be discussed in the article.

What is the law about?

Federal Law No. 442-FZ establishes a number of goals and objectives that are binding on the relevant entities. Here you should pay attention to:

  • legal, economic, organizational and other foundations for serving citizens in the field of providing social benefits;
  • a range of powers and responsibilities for both recipients and providers in the area under consideration;
  • a number of rights of federal and subject instances of state power, etc.

What, according to 442-FZ, is a social service for Russian citizens? Article 3 refers to activities officials to provide a number of useful services to the population. It should be noted that social services must strictly comply with certain standards, that is, the requirements for the frequency, volume and quality of a particular service.

On the principles of social services

Such an important and extensive area as the provision of services social character population must necessarily be based on a number of principles, ideas and conditions. The most important principle here is, of course, the protection of human and civil rights. Work in the area under consideration must be of a humane nature, and also not allow the humiliation of the personality and dignity of a person.

You should also pay attention to the following principles:

  • voluntariness and confidentiality;
  • targeting of the provision of services;
  • equal access of all groups of the population to social services;
  • territorial proximity of service providers to the places of residence of recipients, etc.

The functioning of the system under consideration will be impossible if at least one of the presented principles disappears.

About the service system

Article 5 No. 442-FZ "On the Fundamentals of Social Services" provides a description of the structure in the area under consideration, which includes a number of government agencies, organizations and non-profit enterprises.

The government as the main instance of executive power is the most important body in the field of social services. It is the government that is called upon to implement and develop public policy and legal regulation throughout the system. gives orders to regional bodies - the administrations of Russian subjects. In addition, the government controls various private organizations of commercial and non-commercial types. The system may also include ordinary citizens who are individual entrepreneurs- but only those that are engaged in social services.

On the responsibilities of the subjects of the system

According to chapters 3 and 4 of No. 442-FZ, both recipients and providers of services in the social sphere have a number of mandatory functions. To begin with, it is worth analyzing the obligations of the recipients enshrined in Article 10 of the normative act in question. Here's what's worth highlighting here:

  • providing all necessary documentation to state bodies;
  • timely notification of providers of changes in circumstances that necessitate the provision of services;
  • compliance with the terms and conditions set forth in the contract with the supplier.

According to Article 12 of Federal Law No. 442-FZ, service providers have the following obligations:

It is also worth noting that service providers should not restrict the rights or freedoms of people, use any type of violence, allow rough treatment, etc.

On the rights of the subjects of the system

What are social service providers entitled to? Here it is worth paying attention to Article 11 No. 442-FZ, which says the following:

  • the ability to request all the necessary information from public authorities;
  • the ability to be included in the register of suppliers - federal or regional type;
  • the right to refuse the recipient of services or the applicant if the contract was incorrectly executed or all the necessary documentation was not provided.

Recipients of services have the right to a humane and respectful attitude, to freely choose a provider, to receive information about their duties and powers in a free and accessible form, to participate in the preparation of programs of an individual nature, and much more.

About forms of social service

In what types and forms can the system of providing social services be expressed? Article 19 No. 442-FZ "On social services" refers to the provision of services at home, in stationary or semi-stationary forms.

Home service has no time frame, but other types of services should be strictly regulated by certain hours. It should also be noted that purchasers of social services in stationary or semi-stationary forms must be provided with:

  • the possibility of escort when moving around the territory of the provision of services;
  • the right to independent movement;
  • the ability to receive duplication of texts by voice messages, and vice versa;
  • the right to receive other types of assistance in accordance with the law.

Social services themselves can be of a social, medical, psychological, labor or other nature.

On January 1, 2015, Federal Law No. No. 442-FZ "On the basics of social services for citizens in the Russian Federation" (hereinafter - Federal Law No. 442-FZ)

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

Stationary social services;

Semi-residential social service

Social services at home.

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

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

Organ social protection population at the place of residence (registration);

Multifunctional Center;

Portal of state and municipal services.

The following documents are submitted along with the application:

1 Passport or other identity document;

2 Document confirming the place of residence in the Moscow region;

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

4 Extract from the house book;

5 Extract from the financial personal account

6 Certificate of a medical organization on the state of health of a citizen;

7 Individual program for the rehabilitation of a disabled person (only for disabled people and children with disabilities).

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

Recognize those in need of social services;

Refuse to recognize those in need of social services.

After a citizen is recognized as in need of social services, the social protection authority at the place of residence draws up and transfers to the citizen or his legal representative within no more than 10 working days from the date of application, an individual program for the provision of social services (IPPSS), which indicates the types of social services, and See also recommended social service providers.

An agreement on the provision of social services is concluded within a day from the moment the citizen or his legal representative applies to the provider of social services.

1. Minor children;

4. Women in crisis.

1. Minor children;

2. Persons affected by emergencies, armed ethnic conflicts;

3. Legal representatives of children with disabilities;

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

1. Minor children;

2. Persons affected by emergencies, armed ethnic conflicts;

3. Lonely disabled people (single married couples), single elderly citizens (single married couples) from among: disabled veterans of the Second World War or participants in the Second World War, spouses of dead disabled people or participants in the Second World War, former minor prisoners of fascism, persons awarded the badge “Resident besieged Leningrad", persons awarded the medal "For the Defense of Moscow", Heroes Soviet Union, Heroes of the Russian Federation and full cavaliers of the Order of Glory, Heroes of Socialist Labor, Heroes of Labor of the Russian Federation and full cavaliers of the Order of Labor Glory, invalids of military operations;

4. Legal representatives of children with disabilities;

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

Stationary social service:

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

Semi-residential social service:

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

Social services at home:

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

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

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

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