785 resolution 181 Federal Law. Legislative framework of the Russian Federation

According to official data provided by Federal service state statistics, for the period of November 2017 in the territory Russian Federation 12.7 million citizens with disabilities are registered. Of them:

• 1 group - 1,400,000 people;
• 2 groups - 6,300,000;
• 3 groups - 4,600,000.

These citizens belong to socially vulnerable segments of the population. Because of this vulnerability to society, they require special protection from the state. For this purpose, it was developed and adopted Federal Law No. 181. But what is this regulatory act? What are the rights of people with disabilities according to Federal Law 181? What are the significant modifications to the law in question that were introduced to it during 2017? Which articles were these amendments made to? Let's talk about this in the article.

What is the law?

Federal Law “On Social Protection of Persons with Disabilities in the Russian Federation” N 181-FZ was adopted by the State Duma in the official third reading on July 20, 1995.

The regulatory act under study received approval from the Federation Council on November 15 of the same year. The signing of the Federal Law under consideration by the President of the Russian Federation and the official publication of this document took place on November 25, 1905.

• The Federal Law “On Social Protection of Persons with Disabilities in the Russian Federation” consists of 6 chapters and 36 articles. The structure of the regulatory act being studied is as follows:
• Chapter 1 - General and introductory provisions (Articles 1-6); Chapter 2 - Principles of Medical and social expertise
• (vv. 7-8); Chapter 3 - Rehabilitation means
• for citizens with disabilities (Articles 9-12);
• Chapter 4 - Problems of ensuring the livelihoods of people with disabilities (Articles 13-32);
• Chapter 5 - Standards of this Federal Law on the creation of public associations of people with disabilities (Articles 33-34);

Law on social protection of disabled people to ensure legal equality of citizens of the Russian Federation, regardless of their health status. Federal Law No. 181 contains provisions ensuring that people with disabilities have access to activities in the sphere of economics, politics and social relationships. The provisions of the regulatory act under study ensure the right of people with disabilities to medical care, as well as to rehabilitation measures.

Like others Federal laws RF, Federal Law 181 regularly undergoes significant amendments. IN last time the text of the regulatory act under study was updated on October 30, 2017.

Rights of people with disabilities under Federal Law 181

Rights of people with disabilities according to this law Federal Law 181, are as follows:

• For social benefits;
• To provide specialized medical care;
• To provide funds for rehabilitation and life support;
• For additional employment quotas;
• To receive education in a general or special system (depending on health status);
• For monthly financial assistance from the state;
• Unhindered access to sources of information;
• To help in everyday life;
• To create communities of people with disabilities;
• For social and economic support from government agencies.

According to the regulations Article 32 of the Federal Law being studied, an individual or legal entity that violates the rights of people with disabilities is called to administrative or criminal liability, depending on the severity of the crime committed. All disputes regarding violations of Federal Law 181 standards are resolved in court.

What changes have been made?

Any regulatory legal act regularly undergoes a procedure for updating its own text. This procedure is necessary to ensure the legitimacy of the document in the constantly changing social and legal conditions in modern Russia.

Last changes No. 181-FZ was introduced into the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” October 30, 2017. The amending document was the Federal Law “On Amendments to Certain legislative acts Russian Federation". The regulations of Article 3 of Federal Law 181 amend the paragraph 13 of article 17 Federal Law No. 181. The text of the article in question in the new edition states that when providing housing to disabled people, benefits for the provision of thermal energy are abolished.

It is worth paying attention to the following significant amendments introduced into the regulations of the normative act in question at different times:

• Art. eleven, last amended on December 1, 2012. The article in question deals with the provision of an individual rehabilitation/habilitation program for persons with special needs. According to the amendments, the provision of rehabilitation equipment and other funds is the direct responsibility of local governments. If such services are not provided to a disabled person, or he paid for procedures or medications at his own expense, he is paid appropriate compensation;
• Art. 15,latest edition- December 01, 2014. The text of the studied part of Federal Law No. 181, as amended, states that no obstacles should be created for citizens with disabilities in terms of access to social, engineering and transport infrastructure. For these purposes, auxiliary means should be installed (such as a ramp and a traffic light with additional sound);
• Art. 23, amendments made June 9, 2001. According to the regulations of this article, for people with disabilities there should be created special conditions work. Thus, the working hours for a person with a disability of group 1 or 2 is no more than 35 hours per week. Full wages are retained. According to the Federal Law under consideration, disabled people are entitled to annual leave of at least 30 days. If the specifics of the position do not require intense physical labor, disability is not a legitimate reason for refusing to hire an employee.
• Art. 28, as amended on March 7, 2017. This article in the revised edition contains standards for social services for people with disabilities. According to the changes made, the procedure for providing people with disabilities with technical aids is determined by the Government of the Russian Federation.

The following amendments to the regulatory act under study are scheduled for December 2017.

Download the current version of the law

For persons interested in more detailed study of the act under consideration, it is recommended that you familiarize yourself with the text of the Federal Law on Social Protection of Persons with Disabilities in the latest edition. Download Federal Law 181 with changes relevant for the period of November 2017, you can use the following

Disabled people employed in organizations, regardless of organizational and legal forms and forms of ownership, are provided with the necessary working conditions in accordance with individual program rehabilitation or habilitation of a disabled person.

It is not allowed to establish in collective or individual employment contracts working conditions of disabled people (wages, working and rest hours, duration of annual and additional paid leave, etc.), worsening the situation of disabled people compared to other workers.

For disabled people of groups I and II, a reduced working time of no more than 35 hours per week is established while maintaining full pay.

Involvement of disabled people in overtime work, work on weekends and at night is allowed only with their consent and provided that such work is not prohibited for them due to health reasons.

Disabled persons are granted annual leave of at least 30 calendar days.

Judicial practice under Article 23 of the Federal Law of November 24, 1995 No. 181-FZ

Decision No. 12-112/2019 of July 25, 2019 in case No. 12-112/2019

Volkhov City Court (Leningrad Region) - Administrative offenses

With IPR, including in terms of ensuring individual production standards. Instruction of the Chief State Labor Inspector D.F. Kozina about violation of LOGBU "Volkhov PNI" Art.

23 of the Federal Law “On Social Protection of Disabled Persons of the Russian Federation” is not specified for workers living in the Volkhovsky PNI. Taking into account the availability of information about proper notification to Petrova N.P. and Federal...

Decision No. 12-126/2019 of July 18, 2019 in case No. 12-126/2019

Leninsky District Court of Yaroslavl (Yaroslavl Region) - Administrative offenses

The second disability group was received indefinitely by the employer on December 5, 2017. However, in violation of paragraph 4 of part 1 of article 92 of the Labor Code of the Russian Federation, part 3 of article 23 of the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation” with December 05, 2017 Efremov D.A. was not installed...

Decision of July 15, 2019 in case No. A32-15470/2019

Arbitration Court of the Krasnodar Territory (AC of the Krasnodar Territory) Municipal entity of the city of Krasnodar on recognition of refusal dated 03/21/2019 No. 29/2861-1 in issuing a construction permit for plot of land

with cadastral number 23: 43:0413003:171 - illegal, the obligation to issue a permit for the construction of a workshop building on a land plot with cadastral number 23: 43:0413003:171. The applicant's representative insisted at the court hearing...

Decision No. 2-2449/2019 2-2449/2019~M-1828/2019 M-1828/2019 dated June 25, 2019 in case No. 2-2449/2019

Paid leave of more than 28 calendar days (extended main leave) is provided to employees in accordance with the Labor Code of the Russian Federation and other federal laws. According to Part 5 of Art.

23 of the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation,” disabled people are granted annual leave of at least 30 calendar days. The employee confirms his disability...

Decision No. 2-994/2019 2-994/2019~M-501/2019 M-501/2019 dated June 21, 2019 in case No. 2-994/2019

Factory District Court of Oryol (Oryol Region) - Civil and administrative

In accordance with the individual rehabilitation program; carry out other events. For workers who are disabled people of group I or II, Article 92 of the Labor Code of the Russian Federation and Article 23 of the Federal Law of November 24, 1995 No. 181-FZ “On Social Protection of Disabled Persons in the Russian Federation” provides for a reduced working time - no more than 35 hours per week With...

Decision No. 2-4736/2019 2-4736/2019~M-3492/2019 M-3492/2019 dated June 19, 2019 in case No. 2-4736/2019

Blagoveshchensk City Court (Amur Region) - Civil and administrative Sheets and, accordingly, could find out how wages are calculated. In addition, the plaintiff’s incapacity for work, which occurred in the period from April 10, 2018 to 23. 04/2018 and from 07/17/2018 to 08/28/2018 in total number 53 days also cannot serve good reason

missing a deadline...

Decision No. 2-1064/2019 2-1064/2019~M-831/2019 M-831/2019 dated June 4, 2019 in case No. 2-1064/2019

Sovetsky District Court of Oryol (Oryol Region) - Civil and administrative

• If they have been discriminated against in the world of work, they have the right to apply to the court for restoration of violated rights, compensation for material damage and compensation for moral damage. Article 23 of the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation” provides that disabled people employed in organizations, regardless of organizational and legal forms... ...for business trips, certified copies of orders dated January 10, 2017 “On compensation payments

The Russian state has always cared about the social protection of citizens. This also applies to people with disabilities, as this category population is in constant need of additional help in order to lead a full life, on par with the healthy part of the country's population.

Initial aspects

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The state authorities, in the role of authorized bodies, regulate and support people with disabilities through laws.

Social protection is a set of actions that are aimed at maintaining, improving and helping, if necessary.

The legislation of the Russian Federation on social protection of disabled people consists of the provisions of the Constitution of the Russian Federation, this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory acts of the constituent entities of the Russian Federation.

If international agreements of the Russian Federation provide for rules other than those provided for by this Federal Law, then the rules of the international agreement apply.

Main concepts

To understand the topic of the article, you need to familiarize yourself with the basic concepts:

The government annually allocates funds to ensure social protection and support for people classified as disabled.

Social protection is a set of measures that allow you to fill, replace or supplement the lack of support and be on an equal footing with other healthy citizens.

Types of state support

An important point is to know the types of support:

1. Rehabilitation is a set of methods that help improve or maintain health indicators in such individuals. The methods are designed to improve health in such a way that a person can return or begin to live, learn and master the procession, as well as to achieve the feeling of a full-fledged person in society. Recovery occurs based on existing government measures, which can be either general or using a special approach.
2. Housing provision. Providing housing for disabled people in need.
3. Pensions. Social pension is monthly payments for support and material assistance to this category of the population.
4. Financial benefits every month.
5. Kit social services, depending on the needs and the assigned group.
6. Compensation payments.
7. Individual service and care for disabled people at home.

Disabled people have general rights and benefits regulated by federal law, as well as additional measures, depending on regional events, which may include additional benefits, sets of services, compensation, etc. cash payments regional authorities.

It could be:

• provision of prosthetics or other similar products;
• opportunity to study in specialized educational institutions for disabled children;
• visit sanatorium treatment, rest or recreation for disabled people and their accompaniment, if this is necessary according to medical reports;
• assistance in finding a job;
• benefits for housing and communal services, taxes, etc.;
• provision of legal assistance and protection.

Legal framework (latest version of bill No. 181)

With the latest edition of Federal Law No. 181 “On Social Protection of Persons with Disabilities”, no major changes were made.

According to the amendments, citizens with disabilities have the opportunity to make initial repairs technical means, which they need (prostheses, wheelchairs).

The provisions of the law that are in force today:

• a definition of the term “disabled” is given;
• it is determined that there are several degrees of disability;
• disabled children are not assigned a disability group;
• the concept of social is introduced. protection of disabled people;
• the concept is introduced medical and social examination, which establishes the degree of disability;
• a large number of measures are being introduced to support people with disabilities;
• The features of the labor rights of disabled people are discussed.

Main characteristics of the Federal Law on social protection of disabled people in the Russian Federation

The main characteristics of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation”:

• the law emphasizes the need to create conditions that increase accessibility to different cultures and benefits for people with disabilities;
• the need to replenish library collections with special books for blind and visually impaired people is emphasized;
• Disability discrimination is outlawed;
• a state register of disabled people is being created;
• the concept of rehabilitation of disabled people is introduced;
• describes the creation federal programs to provide disabled people with free housing if they need it;
• Social protection of disabled people is improving.

Rehabilitation rules

Rehabilitation allows you to restore abilities or compensate for them with the help of additional conditions that allow you to participate in various activities, like all other people.

In turn, rehabilitation has varieties:

These measures are implemented through the use of special technical means, unhindered access to social, engineering, and transport infrastructure facilities.

With their help, a disabled person can travel in transport and receive information. In accordance with Order No. 2347, restoration and adaptation measures include:

• rehabilitation therapy, as well as providing medical supplies for the treatment of an illness that has caused disability;
• surgical services that provide medical care and free medications;
• sanatorium treatment;
• obtaining prostheses, orthoses and other hardware;
• obtaining qualifications, retraining or promotion to be able to find a job.

According to the law, those in need are given various means at the expense of the state:

• various canes and supports;
• wheelchairs intended for both home and recreational use;
• prostheses, orthoses and endoprostheses;
• specialized mattresses and pillows for bedridden disabled people, preventing bedsores;
• devices that help to grab and hold household items, etc.;
• dressing aids, special clothing and footwear;
• guide dogs with additional equipment;
• sound, light and vibration alarms;
• communication devices, voice-forming devices;
• personal hygiene products, diapers and special underwear;
• urinals and colostomy bags.

The list of rehabilitation services includes:

1. Repair in case of breakdown of equipment and other items.
2. Veterinary care for animals that help such people.
3. Sign language translation services.

Providing citizens with living space

Government measures under the social protection law provide assistance to needy individuals and their families to improve their living conditions. To do this you need to register.

Disabled children, orphans living in social institutions. The right to receive it begins when they reach 18 years of age.

Receipt of housing occurs upon the conclusion of a social tenancy agreement, which gives the opportunity to use it for 6 months, and after release, they are occupied by applicants who also require better conditions for life.

Objectives in the educational field

The main objective is to provide training and obtain knowledge and skills to enable labor activity. The essence of this right is intended for:

• integration of disabled people in society;
• to live a full life and enjoy their rights like all other citizens;
• development of abilities, skills characteristic of the individual, and their implementation in life.

Education occurs through the provision of educational services in specialized institutions that have the opportunity to train people with illnesses and health problems through individual methods and the use of necessary equipment.

Features of working conditions

When employing people with disabilities, workplaces are used with the use of additional adaptation measures, where the characteristics of the disease or health problem are taken into account on an individual basis.

Changes in increasing hours of work, rest and vacation are not allowed. For disabled people of groups 1 and 2 there is required condition– abbreviated work time up to 35 hours per week while maintaining full pay.

Longer work may be allowed only with the consent of the disabled person, and if it is not prohibited due to his state of health.

Responsibility for violating the rights of people with limited mobility

According to the law, any citizen who violates the rights of such people is held accountable according to the norms of federal laws, and the decision is made in court.

The violator may be fined in the amount of 2 to 10,000 rubles, for legal entities - from 20 to 50,000 rubles.

In order for a person to be recognized as disabled by law, he must undergo an appropriate medical and sanitary examination, during which a study is conducted and a group is assigned, depending on his state of health, and his needs for additional care and financial support from the state.

Disabled people in Russia belong to one of the socially unprotected categories of citizens who need government support. Depending on the severity of the health condition, 3 groups of disability are distinguished. The category of the disabled person group affects the various government support measures provided. These measures are regulated by the Federal Law “On Social Protection of Disabled Persons in the Russian Federation”.

Definition of the Federal Law “On Social Protection and Support of Disabled Persons in the Russian Federation”

This law guarantees all citizens with disabilities equal rights with other citizens, as well as social support states. Everyone is required to act on the basis of this law. government bodies and respect the legal rights of persons with disabilities.

The Social Protection Law provides for the provision of necessary conditions for their life activities, as well as their exercise of the right to rehabilitation.

General provisions of the law of the Russian Federation

This law applies to people recognized as disabled. Disabled people in Russia, according to Article 1 of the Federal Law “On Social Protection of Disabled Persons”, are considered to be those people who have been recognized as special social medical examination.

The main parameters for determining disability are a person’s ability to independently provide necessary actions to ensure life.

Depending on the degree of independence of a person, expert doctors establish.

Groups and types of disabilities

Children under the age of 18 are established general category disabled child. The disability group is determined only after reaching 18 years of age. This is due to the fact that in the process of child development it is quite difficult to determine the degree of independence based on the child’s developmental age.

The state undertakes obligations to protect the rights of each group of disabled people. These obligations are prescribed in Article 2 of this law, which are binding on all government bodies.

Legislative acts establish that in Russia every citizen has the right to be provided with equal living conditions, as well as to create additional auxiliary conditions if he needs them.

These rights are enshrined in the basic law of the Russian Federation Constitution, as well as in the Federal Law “On Social Protection of Persons with Disabilities”. Also, on the basis of Article 3.1 of this law, no one has the right to discriminate against people based on disability and infringe on their rights granted to them by law.

The competencies of federal bodies and local self-government bodies are distributed in Articles 4 and 5 of the Federal Law “On Social Protection of Persons with Disabilities”. All federal and local authorities are required to act on the basis of this distribution.

All disabled people are included in Pension Fund in a certain register where basic data about each of them is entered. This register takes into account personal data, as well as information about a person’s work activity and the benefits he receives. Procedure of this register regulated by Article 5.1 of this law.

Article 6 of the Federal Law “On Social Protection of Disabled Persons” defines liability for harm to the health of any person that leads to disability. Guilty people bear criminal, material, administrative and civil liability for causing harm to health.

You can find out what benefits disabled children are entitled to.

Medical and social examination

Chapter 2 of this law establishes a specific procedure for determining disability. This conclusion is issued by a social medical examination. It includes doctors who must determine the severity of the disease and its consequences, which lead to impaired functioning of the person. The definition and activities of this expert group are defined in Article 7 of the Federal Law “On Social Protection of Disabled Persons”.

Based on the determination of the person’s condition, this commission must also analyze and provide the following data:

• rehabilitation course for human recovery;
• analysis of the causes of disability and its nature in general among the Russian population;
• development of common comprehensive measures for disabled people of each group;
• causes of death of disabled people in situations where the family of the deceased has the right to receive government support;
• degree of disability of the disabled person;
• conclusion about the disability group.

These responsibilities are specified in Article 8 of this law. The decision of this commission is not subject to challenge by other authorities and is binding.

Rehabilitation and habilitation of disabled people

Habilitation is understood as the process of restoring a person’s missing abilities for everyday and professional activities. This definition is specified in Article 8 of this law.

Article 33 of the Federal Law “On Social Protection of Disabled Persons” – public associations

In Russia, permitted by Article 33 of this legislative act public associations created to help people with disabilities.

The state is obliged to assist them in providing assistance to people with disabilities. This assistance is paid from the local budget of each subject.

In addition, disabled people themselves can create such associations. Their representatives must participate in government decisions concerning people with disabilities. These associations may have real estate, cars and other property on their balance sheet.

Organizations whose authorized capital more than half of the percent consists of contributions from disabled people, and a quarter of the wage fund is provided to them; buildings and non-residential premises can be allocated for free use. In addition, such organizations participate in the small business support program.

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conclusions

Russian legislation provides wide range state support for disabled people. According to this law, they should not need paid medical care, paid aids. In addition, they receive support in the field of education and obtaining a profession, as well as assistance in further employment. Along with this, they receive financial support from the state. But read about which disability group is entitled to what benefits.

The entry into force of this law is regulated by its article 35, and its effect by article 36. Based on them, other laws cannot contradict this legislative act. And it comes into force from the moment of its publication.

In reality, this law does not work in full force, because local government bodies do not fully control the implementation of this law by all citizens and legal entities Russia.

Federal Law No. 181 FZ On the social protection of people with disabilities in the Russian Federation is a document that was adopted by the Government of the Russian Federation for the segment of society with disabilities.

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All their capabilities, privileges, as well as benefits that incapacitated citizens can claim are strictly and clearly spelled out here.

Separately, the law contains information about the differences between the categories of disability and for some of them obligations; this regulatory act should be given Special attention, since the number of disabled people in the country increases every year.

What you need to know

Every citizen with disabilities, as well as those who are directly related to them, need to know the following regarding this legal act:

1. For what purpose did the state pass a law regarding persons with disabilities.
2. What articles are present in it, and what exactly they say about disabled people and persons related to them.
3. What privileges and benefits are provided for by this legislation (for example, a discount for housing and communal services).
4. What disability groups exist, and that part of them that relates to the working population.
5. All the necessary information about the procedure for citizens to care for persons with disabilities and the availability of benefits for this is also contained in the document.
6. Living conditions that must be provided for a given segment of society.

This regulatory legal act contains all the necessary provisions regarding this.

Additionally, persons who are faced with this law should be aware of the fact that the Federal Law is regularly subject to changes and amendments, which makes life even more difficult disabled persons comfortable.

Legal framework (latest version of Bill 181)

Federal Law No. 181 of November 24, 1995 “On the social protection of people with disabilities in the Russian Federation” is currently the latest version of the bill.

Small changes were made to it periodically. The document currently contains the following chapters:

• general provisions;
• medical and social examination;
• rehabilitation and habilitation of disabled people;
• ensuring the livelihoods of people with disabilities;
• public associations of disabled people;
• final provisions.

All chapters of the bill were adopted by the State Duma on July 20, 1995, and after consideration, the Federation Council approved this document on November 15, 1995, after which the normative act came into force after being signed by the President of the Russian Federation.

Significant changes have not been made over the entire period, but regular minor amendments made through other Federal laws make the lives of disabled people better every year.

Main characteristics of the Federal Law on the protection of the rights of persons with disabilities in the Russian Federation

Like any other legal act, the law on the protection of the rights of persons with disabilities in the Russian Federation has its own characteristics.

Let's take a closer look at the main ones:

This document could take a long time to describe. But the most important thing that should be noted about the adopted normative act is that it reveals in detail the essence of the problem of limited human capabilities.

Rehabilitation rules

For citizens with disabilities, rehabilitation remains the main meaning in life. For them, this is hope for a speedy return to normal life.

As part of this bill, recovery centers have been created and continue to be created in each region, which will allow persons with disabilities to quickly return to life.

Additionally, based on the text of this law, every disabled person has the right to make an annual trip to a rehabilitation sanatorium, where specialists will work with him.

There are a number of rehabilitation rules for people with disabilities:

• there are a number of rehabilitation measures at the federal level;
• only government agencies approve means and equipment for carrying out restoration or preventive measures;
• all rehabilitation program for a person with disabilities, provided by the state, is available absolutely free of charge.

Currently, all aspects related to restoration programs, as well as the attitude towards the objects where this is carried out, are receiving close attention from state commissions. It is not acceptable for a person with a disability to be treated negligently.

Providing citizens with housing

Another problem that is acutely addressed in this legislative act is the allocation of housing to those in need and, if necessary, improvement of living conditions.

According to the normative legal act, local authorities, when such circumstances arise, must do everything necessary to eliminate this controversial issue.

As a rule, needy persons with disabilities are allocated rooms in dormitories; more rarely, they can apply for an apartment or a private house.

If the housing is in disrepair, then it is first decided to allocate funds for major repairs or to relocate the disabled person. The same applies to families with children with disabilities.

Features of working conditions

Persons who have health problems can also find official employment, but there is a slight difference in the groups:

• the first category is recognized as completely disabled;
• the second group is recognized as partially working;
• the third category has only minor restrictions.

An additional difference between the groups is that the first does not have to undergo annual confirmation of their disability, unlike the second and third, who have to annually undergo a medical commission to confirm the category of disability.

Let us consider in more detail the features of the workplace, which should officially be created for a person who has a disability:

1. Half-holiday.
2. Availability of additional days off.
3. Possibility to take a vacation at any time.
4. Workplace in mandatory must be equipped to fit the employee's limitations.
5. Additionally, at the workplace of a disabled person there should be a notification about the citizen’s health limitations.

If all this is missing, then the disabled person will not be officially employed, since any labor inspection will be forced to impose a ban on the citizen’s work activity, and his manager will be fined.

Today, a separate layer of society lives on the territory of the Russian Federation - people with disabilities (disabled people), while there are citizens with health problems, both from early childhood and in adulthood.