The current version of Federal Law 181. Federal Law "On the Social Protection of Disabled Persons in the Russian Federation"

One of the main problems of modern Russia is the large number of those who are unable to independently carry out actions aimed at satisfying natural needs. Of the country's 144 million population, more than 12 are disabled. The state is obliged to pay them pensions, as well as provide certain social benefits free of charge.

The country has adopted Federal Law No. 181 “On social protection rights of persons with disabilities,” according to which the reasons for granting a subject this status are determined. It also regulates the degree of support.

The concept of "disabled"

According to Art. No. 1 Federal Law 181 “On Social Protection of Disabled Persons”, a disabled person is a person who has a physical or psychological disorder functions of the body, in which life limitations appear. Such citizens have the right to receive assistance and protection from the state.

Depending on the severity of the illness and age, a person is assigned a group, which presupposes the size of the pension and a set of additional services. If a person is under 18 years of age, then he is classified as a “disabled child.”

Such people can receive help only if the need for support and protection is confirmed. To do this you need to go through medical examination MES. It assigns a disability category. To start receiving a pension, you need to collect a number of documents, including a certificate from the MES, and submit them to Pension Fund at your place of residence.

State support

The state takes a number of measures to protect people with disabilities. They consist of providing social benefits to those who cannot obtain them on their own. Activities are being carried out to replace lost by man functions regardless of disability group. These are measures such as:

• organization of lifts;
• home care by doctors;
• provision of transport;
• etc.

All this is aimed at ensuring that a person can freely communicate with the rest of society.

Important! The Federal Law “On the Protection of the Rights of Persons with Disabilities” suppresses violations of rights and attempts to discriminate on the basis of disability. A person who refuses services to people with disabilities is subject to punishment at the level of the administrative and criminal codes.

MES

A medical and social examination is carried out on the basis of a referral from a doctor who is seeing a disabled person. It determines the category of disability, affects the size of pension payments, as well as the number of additional services provided by the state.

What functions does the MES perform:

• establishing a disability group and the amount of social protection for disabled people, both adults and children;
• determination of follow-up measures designed to return the subject to a normal lifestyle or to maintain the latter’s health;
• collecting statistical data on the health of the population in Russia and identifying measures to improve life;
• providing assistance to a family in which a disabled person lives.

Note! All decisions made during the examination are binding. If the local MES service has issued a verdict with which the applicant does not agree, he has the right to transfer the case to the federal bureau.

New amendments to the law “On the Protection of Persons with Disabilities” are posted on the MEA website. They are open to everyone. Changes in the law and types of support are indicated there.

Quality control

Independent audits of the quality of social protection services for people with disabilities in the Russian Federation are carried out annually. This makes it possible to prevent violations of the rights of people with disabilities, as well as to constantly improve the quality of service.

The following criteria are assessed:

• openness of information for review;
• form of assistance;
• personal attitude of civil servants;
• effectiveness of measures taken.

An independent commission to assess the quality of government-funded services providing assistance is formed from specialists public organizations.

Rehabilitation and habilitation services

Rehabilitation is designed to help restore lost functions, without which the subject cannot carry out daily activities. Habilitation is aimed at acquiring new skills to replace lost ones. Both activities perform the function of restoring a person’s ability to contact society and not be limited in social activities.

What are the social protection measures for people with disabilities aimed at:

• provision of all necessary medical services aimed at restoring lost functions. This item includes the provision of prostheses, the organization of regular spa treatment;
• support in orientation in society and provision of assistance in entering universities and taking up work or social activities;
• regular psychological social assistance in adaptation;
• organization of sporting events of an entertainment and therapeutic nature.

The legislation stipulates that all those in need, together with their families, should receive services and detailed information about your rights.

Federal services providing support must fully fulfill obligations that were paid both from the budget and from private funds. The number of rehabilitation and habilitation activities provided by services cannot be reduced without the consent of the disabled person.

Sometimes local federal services for supporting people with disabilities do not have the opportunity to purchase equipment for rehabilitation, or it has already been purchased with money from the personal budget. Then the person who applied is paid monetary compensation.

Note! The amount of compensation is equal to the amount of costs for purchasing equipment, but cannot exceed it.

The list of programs for rehabilitation and habilitation is compiled by the MES commission. In case of refusal of certain services to those in need, the federal support organization is released from fulfilling its obligations.

Technical support

The state provides all technical items aimed at replenishing lost functions or completely replacing them.

Support devices include:

• means that allow you to independently service your primary needs;
• personal care and home care items;
• means for orientation in space. This includes guide dogs;
• items for self-development. Books using Braille and special stationery;
• mechanisms necessary for movement, such as prostheses, strollers, in certain conditions, automobile transport.

Funds for the purchase of all devices are taken from the federal budget and are provided free of charge to those in need for permanent free use. On the list of necessary technical means influenced by the list of indications that is installed in the MES.

Those who use guide dogs are provided with an annual payment of 17,420 rubles. The state assumes that the funds are allocated for the care and maintenance of the animal. The amount increases every year on February 1. The percentage of increase depends on the level of inflation in the country and is determined by the government of the Russian Federation.

Methods of informing

Organs federal support are obliged, according to the law, to provide free of charge all necessary information in an accessible form. In case of loss of vision, hearing or the ability to speak, it is necessary to make contact and provide services taking into account the capabilities of the person applying. This means that information must be presented in Braille or through sign language. IN government agencies a worker with the latest skills must be present.

If a disabled person who has lost his sight carries out operations to obtain a loan, mortgage, installment plan or large purchase, he must be provided with special equipment. It is called facsimile and allows you to reproduce the signature using copying tools.

To make a purchase or loan, a blind person must provide:

• identification;
• a notarized certificate of authenticity of the signature of a blind person, accompanied by a facsimile copy;
• original or certified certificate of visual disability.

Access to public infrastructures

Bodies of federal and local government of the Russian Federation according to Art. No. 15 Federal Law 181 must provide persons with disabilities with:

• easy access to any public buildings, recreation areas and places of treatment;
• the opportunity to use land, sea and air transport without restrictions for urban and intercity transportation;
• no obstacles when moving independently around public buildings;
• targeting aids to their use by people with disabilities by translating them into Braille and sign language;
• possibility of free movement of persons accompanied by guide dogs.

Note! The last condition must be met if the animal has identifying marks indicating that it belongs to a blind person.

If public buildings are not able to provide these conditions, then the premises are reorganized. Until all preparations are completed, the administration of the organization must provide assistance to the disabled person. All measures, their type and size must be agreed upon with federal services.

Service control

The state is obliged to control the editing and implementation of mandatory services for people with disabilities. disabilities. This is done by the authorized persons in the area:

• transportation by public transport;
• providing benefits;
• control over the quality of service;
• conservation cultural heritage Russian Federation.

Providing housing

If a disabled person, or the family caring for him, needs to improve living conditions, the state is obliged to provide accommodation from federal funds.

When providing housing, the needs of the applicant and a number of additional factors affecting the state of health are taken into account. The area of ​​the premises can be at most twice the minimum for one person to live in. If a person suffers from severe forms of chronic illness or injury, the decision on the size of housing may be subject to revision.

The premises must be equipped with funds aimed at the rehabilitation and habilitation of a disabled person using money from the federal budget.

The housing space is not transferred into ownership, but is used in accordance with the social tenancy act. There is a 50% discount on utilities and rent for such apartments.

Education

The federal administration helps people with disabilities receive education, both general and second higher education. Factors influencing the capabilities of a disabled person are taken into account.

Applicants receive:

• 100% tuition payment;
• free transport to the educational institution if necessary;
• consultation with a psychologist and social worker. support;
• special programs.

In addition to education, according to Art. No. 20 Federal Law - 181, disabled people are provided with assistance in finding employment.

Criminal liability

Art. No. 32 Federal Law - 181 stipulates that persons convicted of violating the rights of or discriminating against people with disabilities are liable in accordance with the legislation of the Russian Federation. Cases about misuse pension funds, as well as controversial issues, are considered in court.

Conclusion

The Russian government, together with numerous public organizations, is trying to improve the living conditions of people with disabilities and ensure the protection of their rights. For this purpose, money from the federal budget and assistance from private funds are used. There are criminal penalties for discrimination against persons with disabilities.

The size of the pension increases every year, which is aimed not only at maintaining health, but also at regaining lost skills. Thanks to this, it is possible to regain previously lost physical or mental functions.

Despite all this, the living conditions of disabled people in Russia are an order of magnitude behind those in Europe. It's connected with high speed rising inflation in the country. Every year, percentage able-bodied citizens decreases. Because of this, the Pension Fund is experiencing a shortage of funds, which are calculated from official earnings.

RUSSIAN FEDERATION

THE FEDERAL LAW

ON SOCIAL PROTECTION OF DISABLED PEOPLE IN THE RUSSIAN FEDERATION

State Duma

Federation Council

This Federal Law determines the state policy in the field of social protection of disabled people in the Russian Federation, the purpose of which is to provide disabled people with equal opportunities with other citizens in the implementation of civil, economic, political and other rights and freedoms provided for by the Constitution of the Russian Federation, as well as in accordance with generally recognized principles and norms international law and international treaties of the Russian Federation.

The social protection measures for disabled people provided for by this Federal Law are expenditure obligations of the Russian Federation, with the exception of measures social support And social services relating to the powers of state authorities of the constituent entities of the Russian Federation in accordance with the legislation of the Russian Federation.

Chapter I. GENERAL PROVISIONS

Chapter II. MEDICAL AND SOCIAL EXAMINATION

Chapter III. REHABILITATION AND HABILITATION OF DISABLED PEOPLE

Chapter IV. ENSURING LIFE ACTIVITIES OF DISABLED PEOPLE

Chapter V. PUBLIC ASSOCIATIONS OF DISABLED PERSONS

Article 33. The right of disabled people to create public associations

Public associations created and operating to protect the rights and legitimate interests of people with disabilities, providing them with equal opportunities with other citizens, are a form of social protection for people with disabilities. The state provides assistance and assistance to these public associations, including material, technical and financial. Local government bodies have the right to provide support to public associations of people with disabilities at the expense of local budgets (with the exception of interbudgetary transfers provided from the budgets of the budgetary system of the Russian Federation).

Public organizations of disabled people are recognized as organizations created by disabled people and persons representing their interests, in order to protect the rights and legitimate interests of disabled people, provide them with equal opportunities with other citizens, solve problems of social integration of disabled people, among whose members are disabled people and their legal representatives (one of the parents , adoptive parents, guardian or trustee) constitute at least 80 percent, as well as unions (associations) of these organizations.

Federal executive authorities, executive authorities of constituent entities of the Russian Federation, local government bodies, organizations, regardless of organizational and legal forms and forms of ownership, attract authorized representatives of public associations of disabled people to prepare and make decisions affecting the interests of disabled people. Decisions made in violation of this rule may be declared invalid in court.

Public associations of disabled people may own enterprises, institutions, organizations, business partnerships and societies, buildings, structures, equipment, transport, housing stock, intellectual values, cash, shares, shares and securities, as well as any other property and land in accordance with the legislation of the Russian Federation.

Public associations of disabled people and organizations created by all-Russian public associations of disabled people, and authorized capital which consists entirely of contributions from public organizations of people with disabilities, and average number disabled people in which in relation to other employees is no less than 50 percent, and the share of wages of disabled people in the wage fund is no less than 25 percent, state authorities and local governments can also provide support by providing property for free use (including buildings, non-residential premises) used by these associations and organizations legally for at least five years at the time of provision of such property.

Providing support to public associations of disabled people can also be carried out in accordance with Federal Law of January 12, 1996 N 7-FZ "On non-profit organizations" in terms of socially oriented non-profit organizations.

For organizations that were created by all-Russian public associations of disabled people, and whose authorized capital consists entirely of contributions from public organizations of disabled people, and the average number of disabled people in relation to other employees is no less than 50 percent, and the share of wages of disabled people in the wage fund - no less than 25 percent, the Federal Law of July 24, 2007 N 209-FZ “On the development of small and medium-sized businesses in the Russian Federation” applies if these organizations comply with the requirements established by the said Federal Law, with the exception of paragraph 1 of part 1 of article 4 of the said Federal Law.

Article 34. Repealed. - Federal Law of August 22, 2004 N 122-FZ.

Chapter VI. FINAL PROVISIONS

Article 35. Entry into force of this Federal Law

This Federal Law comes into force on the date of its official publication, with the exception of articles for which other dates of entry into force are established.

Articles 21, 22, 23 (except for part one), 24 (except for paragraph 2 of part two) of this Federal Law come into force on July 1, 1995; Articles 11 and 17, part two of Article 18, part three of Article 19, paragraph 5 of Article 20, part one of Article 23, paragraph 2 of part two of Article 24, part two of Article 25 of this Federal Law come into force on January 1, 1996; Articles 28, 29, 30 of this Federal Law come into force on January 1, 1997 in terms of expanding the benefits currently in effect.

Articles 14, 15, 16 of this Federal Law come into force during 1995 - 1999. The specific dates for the entry into force of these articles are determined by the Government of the Russian Federation.

Article 36. Effect of laws and other normative legal acts

The President of the Russian Federation and the Government of the Russian Federation should bring their regulatory legal acts in accordance with this Federal Law.

Until laws and other regulatory legal acts in force on the territory of the Russian Federation are brought into compliance with this Federal Law, laws and other regulatory legal acts are applied to the extent that does not contradict this Federal Law.

The president

Russian Federation

Moscow Kremlin

According to official data provided by Federal service state statistics, as of November 2017, 12.7 million citizens with disabilities were registered in the Russian Federation. 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 under 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);

Chapter 6 - Final provisions of the Federal Law under consideration (35-36). 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 normative act under study ensure the right of persons with disabilities to medical care

, as well as for rehabilitation activities. Like other Federal laws of the Russian Federation, 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 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, physical or entity who violates the rights of people with disabilities is subject 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 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, last edition - December 1, 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 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 latest edition.Download Federal Law 181 with changes relevant for the period of November 2017, you can use the following

　

RUSSIAN FEDERATION

THE FEDERAL LAW

ON SOCIAL PROTECTION OF DISABLED PEOPLE IN THE RUSSIAN FEDERATION

Accepted

State Duma

Approved

Federation Council

(as amended by Federal Laws of July 24, 1998 N 125-FZ,

dated 01/04/1999 N 5-FZ, dated 07/17/1999 N 172-FZ,

dated May 27, 2000 N 78-FZ, dated June 9, 2001 N 74-FZ,

dated 08.08.2001 N 123-FZ, dated 29.12.2001 N 188-FZ,

dated December 30, 2001 N 196-FZ, dated May 29, 2002 N 57-FZ,

dated 10.01.2003 N 15-FZ, dated 23.10.2003 N 132-FZ,

dated August 22, 2004 N 122-FZ (as amended on December 29, 2004), dated December 29, 2004 N 199-FZ,

dated December 31, 2005 N 199-FZ, dated October 18, 2007 N 230-FZ,

dated 01.12.2007 N 309-FZ, dated 01.03.2008 N 18-FZ,

dated July 14, 2008 N 110-FZ, dated July 23, 2008 N 160-FZ,

dated December 22, 2008 N 269-FZ, dated April 28, 2009 N 72-FZ,

dated July 24, 2009 N 213-FZ)

This Federal Law determines the state policy in the field of social protection of disabled people in the Russian Federation, the purpose of which is to provide disabled people with equal opportunities with other citizens in the implementation of civil, economic, political and other rights and freedoms provided for by the Constitution of the Russian Federation, as well as in accordance with generally recognized principles and norms of international law and international treaties of the Russian Federation.

The measures for social protection of disabled people provided for by this Federal Law are expenditure obligations of the Russian Federation, with the exception of measures of social support and social services related to the powers of the state authorities of the constituent entities of the Russian Federation in accordance with the legislation of the Russian Federation.

(paragraph introduced by Federal Law of August 22, 2004 N 122-FZ)

Chapter I. GENERAL PROVISIONS

Article 1. The concept of “disabled person”, grounds for determining the disability group

Disabled person is a person who has a health impairment with a persistent disorder of body functions, caused by diseases, consequences of injuries or defects, leading to limitation of life activity and necessitating his social protection.

Limitation of life activity - complete or partial loss of a person’s ability or ability to provide self-care, move independently, navigate, communicate, control one’s behavior, learn and engage in work.

Depending on the degree of disorder of body functions and limitations in life activity, persons recognized as disabled are assigned a disability group, and persons under the age of 18 are assigned the category “disabled child.”

(as amended by Federal Law dated July 17, 1999 N 172-FZ)

Recognition of a person as disabled is carried out by a federal institution medical and social examination. The procedure and conditions for recognizing a person as disabled are established by the Government of the Russian Federation.

Article 2. The concept of social protection of disabled people

Social protection of disabled people is a system of state-guaranteed economic, legal and social support measures that provide disabled people with conditions for overcoming, replacing (compensating) disabilities and aimed at creating equal opportunities for them to participate in society with other citizens.

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

ConsultantPlus: note.

For some measures of social support for people with disabilities, see Decree of the President of the Russian Federation dated May 6, 2008 N 685.

Social support for people with disabilities is a system of measures that provides social guarantees for people with disabilities, established by laws and other regulations, with the exception of pensions.

(Part two was introduced by Federal Law No. 122-FZ of August 22, 2004)

Article 3. Legislation of the Russian Federation on social protection of disabled people

The legislation of the Russian Federation on social protection of disabled people consists of the relevant 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 legal acts of the constituent entities of the Russian Federation.

If an international treaty (agreement) of the Russian Federation establishes rules other than those provided for by this Federal Law, then the rules of the international treaty (agreement) apply.

Article 4. Competence of federal government bodies in the field of social protection of disabled people

The jurisdiction of federal government bodies in the field of social protection of disabled people includes:

1) determination of state policy regarding people with disabilities;

2) adoption of federal laws and other regulatory legal acts of the Russian Federation on social protection of disabled people (including those regulating the procedure and conditions for providing disabled people with a single federal minimum of social protection measures); control over the implementation of the legislation of the Russian Federation on social protection of disabled people;

3) conclusion of international treaties (agreements) of the Russian Federation on issues of social protection of disabled people;

4) establishment of general principles of organization and implementation of medical and social examination and rehabilitation of disabled people;

5) defining criteria, establishing conditions for recognizing a person as disabled;

6) establishing standards for technical means of rehabilitation, means of communication and computer science, establishing norms and rules that ensure accessibility of the living environment for disabled people; determining appropriate certification requirements;

7) establishing a procedure for accreditation of organizations, regardless of organizational and legal forms and forms of ownership, carrying out activities in the field of rehabilitation of disabled people;

8) implementation of accreditation of enterprises, institutions and organizations that are federally owned and carry out activities in the field of rehabilitation of disabled people;

(as amended by Federal Law No. 15-FZ of January 10, 2003)

ConsultantPlus: note.

Resolution of the Government of the Russian Federation dated December 29, 2005 N 832 approved the federal target program “Social support for disabled people for 2006 - 2010”.

9) development and implementation of federal target programs in the field of social protection of disabled people, monitoring their implementation;

10) approval and financing of the federal list rehabilitation measures, technical means of rehabilitation and services provided to a disabled person;

(Clause 10 as amended by Federal Law dated August 22, 2004 N 122-FZ)

11) creation of federal institutions of medical and social expertise, monitoring their activities;

(Clause 11 as amended by Federal Law dated August 22, 2004 N 122-FZ)

12) has become invalid. - Federal Law of August 22, 2004 N 122-FZ;

13) coordination of scientific research, financing of research and development work on the problems of disability and people with disabilities;

14) development of methodological documents on issues of social protection of disabled people;

15) has become invalid. - Federal Law of August 22, 2004 N 122-FZ;

16) assistance in the work of all-Russian public associations of disabled people and providing them with assistance;

17) - 18) are no longer valid. - Federal Law of August 22, 2004 N 122-FZ;

19) formation of federal budget indicators for expenditures on social protection of disabled people;

20) establishment unified system registration of disabled people in the Russian Federation, including disabled children, and organization, based on this system, of statistical monitoring of the socio-economic situation of disabled people and their demographic composition.

(Clause 20 introduced by Federal Law dated July 17, 1999 N 172-FZ)

Article 5. Participation of state authorities of the constituent entities of the Russian Federation in ensuring social protection and social support for people with disabilities

(as amended by Federal Law dated December 31, 2005 N 199-FZ)

State authorities of the constituent entities of the Russian Federation in the field of social protection and social support for disabled people have the right:

1) participation in the implementation of state policy regarding people with disabilities in the territories of the constituent entities of the Russian Federation;

2) adoption, in accordance with federal laws, of laws and other regulatory legal acts of the constituent entities of the Russian Federation;

3) participation in determining priorities for implementation social policy in relation to disabled people in the territories of the constituent entities of the Russian Federation, taking into account the level of socio-economic development of these territories;

4) development, approval and implementation regional programs in the field of social protection of disabled people in order to provide them with equal opportunities And social integration into society, as well as the right to control their implementation;

5) exchange with authorized federal executive authorities information on the social protection of disabled people and on the provision of social support to them;

6) providing additional measures of social support to people with disabilities from the budgets of the constituent entities of the Russian Federation;

7) promoting the employment of disabled people, including stimulating the creation of special jobs for their employment;

8) carrying out activities for training personnel in the field of social protection of disabled people;

9) financing scientific research, research and development work in the field of social protection of disabled people;

10) assistance to public associations of disabled people.

Article 6. Liability for causing harm to health leading to disability

For causing harm to the health of citizens resulting in disability, the persons responsible for this bear material, civil, administrative and criminal liability in accordance with the legislation of the Russian Federation.

Chapter II. MEDICAL AND SOCIAL EXAMINATION

Article 7. The concept of medical and social examination

Medical and social examination is the determination, in the prescribed manner, of the needs of the examined person for social protection measures, including rehabilitation, based on an assessment of the limitations in life activity caused by a persistent disorder of body functions.

Medical and social examination is carried out on the basis of a comprehensive assessment of the state of the body based on the analysis of clinical, functional, social, everyday, professional and labor, psychological data of the person being examined using classifications and criteria developed and approved in the manner determined by the federal executive body authorized by the Government of the Russian Federation authorities.

Article 8. Federal institutions of medical and social examination

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

Medical and social examination is carried out federal institutions medical and social examination, subordinate to the authorized body determined by the Government of the Russian Federation. The procedure for organizing and operating federal institutions of medical and social expertise is determined by the federal executive body authorized by the Government of the Russian Federation.

(as amended by Federal Laws dated August 22, 2004 N 122-FZ, dated July 23, 2008 N 160-FZ)

Federal medical and social examination institutions are responsible for:

(as amended by Federal Laws dated October 23, 2003 N 132-FZ, dated August 22, 2004 N 122-FZ)

1) establishing disability, its causes, timing, time of onset of disability, the need of a disabled person for various types of social protection;

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

2) development individual programs rehabilitation of disabled people;

3) study of the level and causes of disability of the population;

4) participation in the development of comprehensive programs for the rehabilitation of disabled people, disability prevention and social protection of disabled people;

(Clause 4 as amended by Federal Law dated October 23, 2003 N 132-FZ)

5) determination of the degree of loss of professional ability to work;

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

6) determining the cause of death of a disabled person in cases where the legislation of the Russian Federation provides for the provision of social support measures to the family of the deceased.

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

The decision to establish a medical and social examination is mandatory for execution by the relevant government bodies, local government bodies, as well as organizations, regardless of organizational, legal forms and forms of ownership.

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

Chapter III. REHABILITATION OF DISABLED PERSONS

Article 9. Concept of rehabilitation of disabled people

Rehabilitation of disabled people is a system and process of full or partial restoration of the abilities of disabled people for everyday, social and professional activities. Rehabilitation of disabled people is aimed at eliminating or, as fully as possible, compensating for life limitations caused by health problems with persistent impairment of body functions, for the purpose of social adaptation of disabled people, their achievement of financial independence and their integration into society.

The main areas of rehabilitation of disabled people include:

restorative medical measures, reconstructive surgery, prosthetics and orthotics, spa treatment;

vocational guidance, training and education, assistance in employment, industrial adaptation;

social-environmental, socio-pedagogical, socio-psychological and sociocultural rehabilitation, social and everyday adaptation;

physical education and health activities, sports.

The implementation of the main directions of rehabilitation of disabled people involves the use of technical means of rehabilitation by disabled people, the creation necessary conditions for unhindered access of disabled people to engineering, transport, social infrastructure and use of means of transport, communication and information, as well as providing disabled people and members of their families with information on the rehabilitation of disabled people.

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

Article 10. Federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

The state guarantees disabled people the implementation of rehabilitation measures, the receipt of technical means and services provided for federal list rehabilitation measures, technical means of rehabilitation and services provided to a disabled person at the expense of the federal budget.

The federal list of rehabilitation measures, technical means of rehabilitation and services provided to disabled people is approved by the Government of the Russian Federation.

Article 11. Individual rehabilitation program for a disabled person

Individual rehabilitation program for a disabled person - developed on the basis of a decision of the authorized body that manages federal institutions of medical and social expertise, a set of optimal rehabilitation measures for a disabled person, including certain types, forms, volumes, terms and procedures for the implementation of medical, professional and other rehabilitation measures, aimed at restoring, compensating for impaired or lost body functions, restoring, compensating for the abilities of a disabled person to perform certain types of activities.

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

An individual rehabilitation program for a disabled person is mandatory for execution by the relevant government bodies, local government bodies, as well as organizations, regardless of organizational, legal forms and forms of ownership.

An individual rehabilitation program for a disabled person contains both rehabilitation measures provided to a disabled person with an exemption from fees in accordance with the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person, and rehabilitation measures, the payment for which is paid for by the disabled person himself or other persons or organizations independently on organizational and legal forms and forms of ownership.

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

The volume of rehabilitation measures provided for by the individual rehabilitation program for a disabled person cannot be less than that established by the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person.

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

An individual rehabilitation program is of a recommendatory nature for a disabled person; he has the right to refuse one or another type, form and volume of rehabilitation measures, as well as the implementation of the program as a whole. A disabled person has the right to independently decide on the issue of providing himself with a specific technical means of rehabilitation or type of rehabilitation, including wheelchairs, prosthetic and orthopedic products, printed publications with a special font, sound-amplifying equipment, signaling devices, video materials with subtitles or sign language translation, and other similar means.

(as amended by Federal Laws dated October 23, 2003 N 132-FZ, dated August 22, 2004 N 122-FZ)

If a technical means of rehabilitation or service provided for by an individual rehabilitation program cannot be provided to a disabled person, or if a disabled person has purchased the appropriate means or paid for the service at his own expense, then he is paid compensation in the amount of the cost of a technical means of rehabilitation or services that should be provided to the disabled person.

(as amended by Federal Laws dated October 23, 2003 N 132-FZ, dated August 22, 2004 N 122-FZ)

Refusal of a disabled person (or a person representing his interests) from an individual rehabilitation program as a whole or from the implementation of its individual parts releases the relevant government bodies, local government bodies, as well as organizations, regardless of organizational and legal forms and forms of ownership, from responsibility for its implementation and does not give a disabled person the right to receive compensation in the amount of the cost of rehabilitation measures provided free of charge.

Article 11.1. Technical means for rehabilitation of disabled people

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

(introduced by Federal Law dated October 23, 2003 N 132-FZ)

Technical means of rehabilitation of disabled people include devices containing technical solutions, including special ones, used to compensate for or eliminate persistent limitations in the life of a disabled person.

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

Technical means of rehabilitation of disabled people are:

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

the paragraph is no longer valid. - Federal Law of August 22, 2004 N 122-FZ;

special means for self-service;

special care products;

special means for orientation (including guide dogs with a set of equipment), communication and information exchange;

special means for training, education (including literature for the blind) and employment;

prosthetic products (including prosthetic and orthopedic products, orthopedic shoes and special clothing, eye prostheses and hearing aids);

special training and sports equipment, sports equipment.

The decision to provide disabled people with technical means of rehabilitation is made when medical indications and contraindications are established.

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

Medical indications and contraindications are established based on an assessment of persistent disorders of body functions caused by diseases, consequences of injuries and defects.

For medical reasons, it is established that it is necessary to provide a disabled person with technical means of rehabilitation that provide compensation or elimination of persistent limitations in the disabled person’s life.

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

Parts six - seven are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Financing of expenditure obligations to provide disabled people with technical means of rehabilitation, including the manufacture and repair of prosthetic and orthopedic products, is carried out at the expense of the federal budget and the Fund social insurance Russian Federation.

Parts nine through eleven are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

The technical means of rehabilitation provided for by individual rehabilitation programs for disabled people, provided to them at the expense of the federal budget and the Social Insurance Fund of the Russian Federation, are transferred to disabled people for free use.

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

Additional funds to finance the costs of the technical means of rehabilitation of disabled people provided for in this article may be obtained from other sources not prohibited by law.

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

Technical means of rehabilitation are provided to disabled people at their place of residence by authorized bodies in the manner determined by the Government of the Russian Federation, the Social Insurance Fund of the Russian Federation, as well as other interested organizations.

(Part fourteen as amended by Federal Law No. 122-FZ of August 22, 2004)

The list of indications for providing disabled people with technical means of rehabilitation and the procedure for providing disabled people with technical means of rehabilitation are determined by the federal executive body authorized by the Government of the Russian Federation.

(Part fifteen as amended by Federal Law No. 160-FZ of July 23, 2008)

The amount and procedure for paying annual monetary compensation to disabled persons for the costs of maintaining and veterinary care of guide dogs are determined by the Government of the Russian Federation.

(Part sixteen as amended by Federal Law No. 122-FZ of August 22, 2004)

Article 12. Lost force. - Federal Law of August 22, 2004 N 122-FZ.

Chapter IV. ENSURING LIFE ACTIVITIES OF DISABLED PEOPLE

Article 13. Medical assistance to disabled people

The provision of qualified medical care to disabled people is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation within the framework of the program of state guarantees for the provision of free medical care to citizens of the Russian Federation.

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

Parts two and three are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Article 14. Ensuring unhindered access to information for people with disabilities

The state guarantees a disabled person the right to receive the necessary information. Ensuring the publication of literature for the visually impaired is an expenditure obligation of the Russian Federation. Acquisition of periodical, scientific, educational, methodological, reference and informational materials fiction for disabled people, including those published on tape cassettes and embossed dotted Braille, for educational institutions and libraries administered by the constituent entities of the Russian Federation, and municipal educational institutions is an expenditure obligation of the constituent entities of the Russian Federation, for municipal libraries - an expenditure obligation of the local government body . The acquisition of literature specified in this part for federal educational institutions and libraries is an expenditure obligation of the Russian Federation.

Sign language is recognized as a means of interpersonal communication. A system of subtitling or sign language translation of television programs, films and videos is being introduced.

Authorized bodies provide assistance to people with disabilities in obtaining sign language interpretation services, providing sign language equipment, and providing typhoid medications.

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

Article 15. Ensuring unimpeded access for people with disabilities to social infrastructure facilities

The Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, local government bodies and organizations, regardless of organizational and legal forms, create conditions for people with disabilities (including people with disabilities using wheelchairs and guide dogs) for unimpeded access to social infrastructure facilities (residential, public and industrial buildings, structures and structures, sports facilities, recreational facilities, cultural, entertainment and other institutions), as well as for the unhindered use of railway, air, water, intercity road transport and all types of urban and suburban passenger transport, communications and information (including means that provide duplication of sound signals for light signals of traffic lights and devices regulating the movement of pedestrians through transport communications).

(Part one as amended by Federal Law dated 08.08.2001 N 123-FZ)

Planning and development of cities and other settlements, formation of residential and recreational areas, development of design solutions for new construction and reconstruction of buildings, structures and their complexes, as well as development and production Vehicle public use, means of communication and information without adaptation of these objects for access to them by disabled people and their use by disabled people are not allowed.

State and municipal expenditures on the development and production of vehicles taking into account the needs of people with disabilities, the adaptation of vehicles, communications and information for unhindered access to them by people with disabilities and their use by people with disabilities, the creation of conditions for people with disabilities for unhindered access to engineering, transport and social infrastructure facilities are carried out in within the limits of allocations annually provided for these purposes in budgets of all levels. Expenses for carrying out these activities that are not related to state and municipal expenses are made from other sources not prohibited by the legislation of the Russian Federation.

(Part three as amended by Federal Law dated 08.08.2001 N 123-FZ)

Part four is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

In cases where existing facilities cannot be fully adapted to the needs of people with disabilities, the owners of these facilities must, in agreement with public associations of people with disabilities, take measures to ensure that the minimum needs of people with disabilities are met.

Enterprises, institutions and organizations providing transport services to the population provide special devices for stations, airports and other facilities that allow people with disabilities to freely use their services. Organizations of the machine-building complex that produce vehicles, as well as organizations, regardless of organizational and legal forms, that provide transport services to the population, provide the equipment of the specified means with special devices and devices in order to create conditions for disabled people for the unhindered use of the specified means.

Places for the construction of a garage or parking for technical and other means of transportation are provided to disabled people out of turn near their place of residence, taking into account urban planning standards.

Part eight is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

At each parking lot (stop) of vehicles, including near trade enterprises, services, medical, sports and cultural and entertainment institutions, at least 10 percent of the spaces (but not less than one space) are allocated for parking special vehicles for disabled people who are not must be occupied by other vehicles. Disabled persons use parking spaces for special vehicles free of charge.

Article 16. Responsibility for evading the requirements for creating conditions for people with disabilities for unhindered access to engineering, transport and social infrastructure facilities

(as amended by Federal Law dated 08.08.2001 N 123-FZ)

Legal entities and officials for evading compliance with the requirements provided for by this Federal Law, other federal laws and other regulatory legal acts for creating conditions for people with disabilities for unhindered access to engineering, transport and social infrastructure facilities, as well as for unhindered use of railway, air, water, intercity road transport and all types of urban and suburban passenger transport, communications and information means bear administrative responsibility in accordance with the legislation of the Russian Federation.

Funds received from the collection of administrative fines for evading the requirements for creating conditions for people with disabilities to have unhindered access to the specified objects and means are credited to the federal budget.

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

Article 17. Providing disabled people with living space

(as amended by Federal Law dated December 29, 2004 N 199-FZ)

Disabled people and families with disabled children in need of improved housing conditions are registered and provided with living quarters in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Providing, at the expense of federal budget funds, housing for disabled people and families with disabled children in need of improved housing conditions, registered before January 1, 2005, is carried out in accordance with the provisions of Article 28.2 of this Federal Law.

Disabled people and families with disabled children in need of improved housing conditions, registered after January 1, 2005, are provided with living quarters in accordance with the housing legislation of the Russian Federation.

Determining the procedure for providing residential premises (under a social tenancy agreement or ownership) to citizens in need of improved housing conditions who registered before January 1, 2005, is established by the legislation of the constituent entities of the Russian Federation.

Residential premises are provided to disabled people and families with disabled children, taking into account their state of health and other circumstances worthy of attention.

Disabled people may be provided with residential premises under a social tenancy agreement with a total area exceeding the norm for provision per person (but not more than twice), provided that they suffer from severe forms chronic diseases, provided for in the list established by the federal executive body authorized by the Government of the Russian Federation.

(as amended by Federal Law No. 160-FZ of July 23, 2008)

Payment for residential premises (fee for social rent, as well as for the maintenance and repair of residential premises) provided to a disabled person under a social rental agreement in excess of the norm for the provision of residential premises area is determined based on the occupied total area of ​​residential premises in a single amount, taking into account the benefits provided.

Residential premises occupied by disabled people are equipped by special means and adaptations in accordance with the individual rehabilitation program for a disabled person.

Disabled people living in stationary social service institutions and wishing to obtain residential premises under a social tenancy agreement are subject to registration to improve their living conditions, regardless of the size of the occupied area and are provided with residential premises on an equal basis with other disabled people.

Disabled children living in stationary social service institutions, who are orphans or left without parental care, upon reaching the age of 18 years, are subject to being provided with residential premises out of turn, if the individual rehabilitation program for the disabled person provides for the opportunity to provide self-care and lead an independent lifestyle.

Residential premises in the houses of the state or municipal housing stock, occupied by a disabled person under a social tenancy agreement, when the disabled person is placed in a stationary social service institution, are retained by him for six months.

Specially equipped residential premises in houses of the state or municipal housing stock, occupied by disabled people under a social tenancy agreement, upon their vacancy, are occupied primarily by other disabled people in need of improved housing conditions.

Disabled people and families with disabled children are given a discount of at least 50 percent on payment for housing (in state or municipal housing stock) and payment utilities(regardless of the ownership of the housing stock), and in residential buildings that do not have central heating - on the cost of fuel purchased within the limits established for sale to the public.

Disabled people and families that include disabled people are given the right to priority receipt of land plots for individual housing construction, farming and gardening.

Article 18. Education and training of disabled children

Part one is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Educational institutions, together with social protection authorities and health authorities, provide pre-school, out-of-school education and education for disabled children, and for disabled people to receive secondary education. general education, secondary professional and higher vocational education in accordance with the individual rehabilitation program for a disabled person.

Disabled children of preschool age are provided with the necessary rehabilitation measures and conditions are created for staying in children's preschool institutions general type. For disabled children whose health condition precludes their stay in general preschool institutions, special preschool institutions are created.

If it is impossible to educate and educate disabled children in general or special preschool and general educational institutions Education authorities and educational institutions provide, with the consent of parents, the education of disabled children according to a full general education or individual program at home.

The procedure for raising and educating disabled children at home, as well as the amount of compensation for parents' expenses for these purposes, are determined by laws and other regulations of the constituent entities of the Russian Federation and are expenditure obligations of the budgets of the constituent entities of the Russian Federation.

(Part five as amended by Federal Law No. 122-FZ dated August 22, 2004)

The upbringing and education of disabled children in preschool and general education institutions are expenditure obligations of a constituent entity of the Russian Federation.

(Part six as amended by Federal Law No. 122-FZ dated August 22, 2004)

Article 19. Education of disabled people

The state guarantees the necessary conditions for people with disabilities to receive education and professional training.

General education of disabled people is carried out with exemption from fees both in general educational institutions, equipped, if necessary, with special technical means, and in special educational institutions and is regulated by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

The state ensures that disabled people receive basic general, secondary (complete) general education, primary vocational, secondary vocational and higher vocational education in accordance with the individual rehabilitation program for the disabled person.

Vocational education of people with disabilities in educational institutions various types and levels is carried out in accordance with the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation.

For disabled people who need special conditions for receiving vocational education, special vocational educational institutions of various types and types or corresponding conditions in general vocational educational institutions are created.

Vocational training and vocational education of people with disabilities in special vocational educational institutions for people with disabilities are carried out in accordance with federal state educational standards based on educational programs adapted for teaching people with disabilities.

(as amended by Federal Law dated December 1, 2007 N 309-FZ)

The organization of the educational process in special professional educational institutions for people with disabilities is regulated by regulatory legal acts, organizational and methodological materials of the relevant federal executive authorities.

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

Providing for disabled people with exemption from payment or for preferential terms special teaching aids and literature, as well as the opportunity to use the services of sign language interpreters, is an expense obligation of the constituent entity of the Russian Federation (with the exception of students in federal state educational institutions). For disabled people studying in federal state educational institutions, the provision of these activities is an expenditure obligation of the Russian Federation.

(Part eight as amended by Federal Law No. 122-FZ dated August 22, 2004)

Article 20. Ensuring employment of disabled people

Disabled people are provided with guarantees of employment by federal government bodies and government bodies of the constituent entities of the Russian Federation through the following special events that help increase their competitiveness in the labor market:

1) has become invalid. - Federal Law of August 22, 2004 N 122-FZ;

2) establishing in organizations, regardless of organizational and legal forms and forms of ownership, a quota for hiring disabled people and a minimum number of special jobs for disabled people;

3) reserving jobs in professions most suitable for employing people with disabilities;

4) stimulating the creation by enterprises, institutions, organizations of additional jobs (including special ones) for the employment of people with disabilities;

5) creating working conditions for disabled people in accordance with individual rehabilitation programs for disabled people;

6) creating conditions for entrepreneurial activity of disabled people;

7) organizing training for disabled people in new professions.

Article 21. Establishing a quota for hiring disabled people

(as amended by Federal Law dated December 29, 2001 N 188-FZ)

For organizations with more than 100 employees, the legislation of the constituent entity of the Russian Federation establishes a quota for hiring disabled people as a percentage of the average number of employees (but not less than 2 and not more than 4 percent).

(Part one as amended by Federal Law dated August 22, 2004 N 122-FZ)

Public associations of disabled people and organizations formed by them, including business partnerships and societies, the authorized (share) capital of which consists of the contribution of a public association of disabled people, are exempt from mandatory quotas of jobs for disabled people.

Article 22. Special workplaces for employing disabled people

Special workplaces for employing disabled people are workplaces that require additional measures to organize work, including adaptation of main and auxiliary equipment, technical and organizational equipment, additional equipment and provision of technical devices, taking into account the individual capabilities of disabled people.

The minimum number of special jobs for employing people with disabilities is established by the executive authorities of the constituent entities of the Russian Federation for each enterprise, institution, organization within established quota for hiring disabled people.

Parts three and four are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Article 23. Working conditions for disabled people

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 the individual rehabilitation program for the 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.

(as amended by Federal Law dated 06/09/2001 N 74-FZ)

Article 24. Rights, obligations and responsibilities of employers in ensuring the employment of disabled people

Employers have the right to request and receive information necessary when creating special jobs for employing people with disabilities.

(as amended by Federal Law dated October 23, 2003 N 132-FZ)

Employers, in accordance with the established quota for hiring disabled people, are obliged to:

(as amended by Federal Law dated October 23, 2003 N 132-FZ)

1) create or allocate jobs for the employment of disabled people;

2) create working conditions for disabled people in accordance with the individual rehabilitation program for a disabled person;

3) provide, in accordance with the established procedure, information necessary for organizing the employment of disabled people.

3. Lost power. - Federal Law of December 30, 2001 N 196-FZ.

Articles 25 - 26. Lost force. - Federal Law of August 22, 2004 N 122-FZ.

Article 27. Material support for disabled people

Material support for disabled people includes monetary payments on various grounds (pensions, benefits, insurance payments for insuring the risk of health impairment, payments for compensation for harm caused to health, and other payments), compensation in cases established by law Russian Federation.

Part two is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Article 28. Social services for disabled people

　

ConsultantPlus: note.

On the issue concerning social services for elderly citizens and the disabled, see Federal Law No. 122-FZ of 02.08.1995.

Social services for disabled people are provided in the manner and on the basis determined by government bodies of the constituent entities of the Russian Federation with the participation of public associations of disabled people.

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

The executive authorities of the constituent entities of the Russian Federation create special social services for disabled people, including the delivery of food and industrial goods to disabled people, and approve a list of diseases of disabled people for which they are entitled to preferential services.

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

ConsultantPlus: note.

On the issue concerning the payment of compensation payments to persons caring for a disabled person of group 1, as well as a disabled child under 18 years of age, see Decree of the President of the Russian Federation dated December 26, 2006 N 1455.

Disabled people in need of outside care and assistance are provided with medical and household services at home or in inpatient institutions. The conditions of stay of disabled people in a stationary social service institution must ensure that disabled people can exercise their rights and legitimate interests in accordance with this Federal Law and help meet their needs.

Part four has been removed. - Federal Law of October 23, 2003 N 132-FZ.

Disabled people are provided with the necessary means of telecommunications services, special telephone sets (including for subscribers with hearing impairments), and public call centers.

Part five is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Disabled people are provided with household appliances, tiflo-, surdo- and other means they need for social adaptation.

(as amended by Federal Law dated October 23, 2003 N 132-FZ)

Maintenance and repair of technical means of rehabilitation of disabled people are carried out out of turn with exemption from payment or on preferential terms.

(as amended by Federal Laws dated October 23, 2003 N 132-FZ, dated August 22, 2004 N 122-FZ)

The procedure for providing services for the maintenance and repair of technical means of rehabilitation for disabled people is determined by the federal executive body authorized by the Government of the Russian Federation.

(Part eight was introduced by Federal Law dated October 23, 2003 N 132-FZ, as amended by Federal Laws dated August 22, 2004 N 122-FZ, dated July 23, 2008 N 160-FZ)

　

Paragraph 7 of Article 154 of the Federal Law of August 22, 2004 N 122-FZ establishes that until the entry into force of the relevant federal law, the amount of the monthly cash payment is not taken into account when calculating the amount of the total income of a family (a citizen living alone) to assess their need when determining the right to receiving subsidies for housing and utilities.

Article 28.1. Monthly cash payment for disabled people

(introduced by Federal Law dated August 22, 2004 N 122-FZ (as amended on December 29, 2004))

1. Disabled people and disabled children have the right to a monthly cash payment in the amount and manner established by this article.

ConsultantPlus: note.

On the procedure for establishing the amount of monthly cash payments to citizens recognized in the prescribed manner as disabled before January 1, 2010, see Part 4 of Article 37 of Federal Law No. 213-FZ of July 24, 2009.

2. Monthly cash payment set in size:

1) disabled people of group I - 2,162 rubles;

2) disabled people of group II, disabled children - 1,544 rubles;

3) disabled people of group III - 1,236 rubles.

(Part two as amended by Federal Law dated July 24, 2009 N 213-FZ)

3. If a citizen simultaneously has the right to a monthly cash payment under this Federal Law and under another federal law or other regulatory legal act, regardless of the basis on which it is established (except for cases where a monthly cash payment is established in accordance with the Law of the Russian Federation "On Social protection of citizens exposed to radiation as a result of a disaster in Chernobyl nuclear power plant"(as amended by the Law of the Russian Federation of June 18, 1992 N 3061-1), Federal Law of January 10, 2002 N 2-FZ "On social guarantees for citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site"), he is provided with one monthly cash payment either under this Federal Law, or under another federal law or other regulatory legal act at the choice of a citizen.

4. The amount of the monthly cash payment is subject to indexation once a year from April 1 of the current year based on the forecast inflation rate established by the federal law on the federal budget for the corresponding financial year and for the planning period.

(as amended by Federal Law dated July 24, 2009 N 213-FZ)

5. The monthly cash payment is established and paid by the territorial body of the Pension Fund of the Russian Federation.

6. Monthly cash payments are made in the manner determined by the federal executive body responsible for developing state policy and legal regulation in the field of healthcare and social development.

7. Part of the amount of the monthly cash payment may be used to finance the provision of social services to a disabled person in accordance with Federal Law of July 17, 1999 N 178-FZ “On State Social Assistance”.

Article 28.2. Providing social support measures for people with disabilities to pay for housing and utilities, as well as providing housing for people with disabilities and families with disabled children

(introduced by Federal Law dated December 29, 2004 N 199-FZ)

The Russian Federation transfers to the government bodies of the constituent entities of the Russian Federation the authority to provide social support measures for people with disabilities to pay for housing and utilities and to provide housing for disabled people and families with disabled children in need of improved housing conditions, registered before January 1, 2005 .

Funds for the implementation of transferred powers to provide these social support measures are provided as part of Federal Fund compensation generated in the federal budget in the form of subventions.

The amount of funds provided for in the Federal Compensation Fund for the Budgets of the Subjects of the Russian Federation is determined:

for payment of housing and communal services based on the number of persons entitled to the specified social support measures; approved by the Government of the Russian Federation federal standard maximum cost of provided housing and communal services per 1 square meter total area housing per month and the federal standard of social norm for housing area used to calculate interbudgetary transfers;

to provide housing for disabled people and families with disabled children, based on the number of persons entitled to the specified social support measures; total housing area 18 square meters and average market value 1 square meter the total area of ​​housing for a constituent entity of the Russian Federation, established by the federal executive body authorized by the Government of the Russian Federation.

Subventions are credited in the manner established for the execution of the federal budget to the accounts of the budgets of the constituent entities of the Russian Federation.

The procedure for spending and accounting for funds for the provision of subventions is established by the Government of the Russian Federation.

The form of provision of these social support measures is determined by the regulatory legal acts of the constituent entity of the Russian Federation.

State authorities of the constituent entities of the Russian Federation quarterly submit to the federal executive body responsible for developing a unified state financial, credit, monetary policy, a report on the expenditure of provided subventions indicating the number of persons entitled to the specified social support measures, categories of recipients of social support measures, and to the federal executive body responsible for developing a unified state policy in the field of healthcare, social development, labor and consumer protection - a list of persons who have been provided with social support measures, indicating the categories of recipients, the basis for receiving social support measures, the size of the occupied area and the cost of the housing provided or purchased. If necessary, additional reporting data is submitted in the manner determined by the Government of the Russian Federation.

Funds for the implementation of these powers are targeted and cannot be used for other purposes.

In the event that funds are not used for their intended purpose, the authorized federal executive body has the right to collect these funds in the manner established by the legislation of the Russian Federation.

Control over the expenditure of funds is carried out by the federal executive body exercising control and supervision functions in the financial and budgetary sphere, the federal executive body exercising control and supervision functions in the field of healthcare and social development, and the Accounts Chamber of the Russian Federation.

State authorities of the constituent entities of the Russian Federation have the right to vest, by the laws of the constituent entities of the Russian Federation, local self-government bodies with the powers to provide social support measures specified in part one of this article.

(Part eleven was introduced by Federal Law No. 230-FZ of October 18, 2007)

Articles 29 - 30. Lost force. - Federal Law of August 22, 2004 N 122-FZ.

Article 31. The procedure for maintaining social protection measures established for people with disabilities

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

Parts one and two are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

In cases where other legal acts for disabled people provide for norms that increase the level of social protection of disabled people compared to this Federal Law, the provisions of these legal acts are applied. If a disabled person has the right to the same measure of social protection under this Federal Law and at the same time under another legal act, the measure of social protection is provided either under this Federal Law or under another legal act (regardless of the basis for establishing the measure of social protection).

(as amended by Federal Law No. 122-FZ dated August 22, 2004)

Article 32. Responsibility for violation of the rights of persons with disabilities. Dispute resolution

Citizens and officials guilty of violating the rights and freedoms of people with disabilities bear responsibility in accordance with the legislation of the Russian Federation.

Disputes regarding the establishment of disability, the implementation of individual rehabilitation programs for people with disabilities, the provision of specific social protection measures, as well as disputes concerning other rights and freedoms of people with disabilities are considered in court.

Chapter V. PUBLIC ASSOCIATIONS OF DISABLED PERSONS

Article 33. The right of disabled people to create public associations

Public associations created and operating to protect the rights and legitimate interests of people with disabilities, providing them with equal opportunities with other citizens, are a form of social protection for people with disabilities. The state provides assistance and assistance to these public associations, including material, technical and financial.

(as amended by Federal Law No. 5-FZ dated January 4, 1999)

Public organizations of disabled people are recognized as organizations created by disabled people and persons representing their interests, in order to protect the rights and legitimate interests of disabled people, provide them with equal opportunities with other citizens, solve problems of social integration of disabled people, among whose members are disabled people and their legal representatives (one of the parents , adoptive parents, guardian or trustee) constitute at least 80 percent, as well as unions (associations) of these organizations.

(Part two was introduced by Federal Law No. 5-FZ dated January 4, 1999)

Federal executive authorities, executive authorities of constituent entities of the Russian Federation, organizations, regardless of organizational and legal forms and forms of ownership, attract authorized representatives of public associations of disabled people to prepare and make decisions affecting the interests of disabled people. Decisions made in violation of this rule may be declared invalid in court.

Public associations of disabled people may own enterprises, institutions, organizations, business partnerships and societies, buildings, structures, equipment, transport, housing, intellectual values, cash, shares, shares and securities, as well as any other property and land plots in accordance with the legislation of the Russian Federation.

Article 34. Repealed. - Federal Law of August 22, 2004 N 122-FZ.

Chapter VI. FINAL PROVISIONS

Article 35. Entry into force of this Federal Law

This Federal Law comes into force on the date of its official publication, with the exception of articles for which other dates of entry into force are established.

Articles 21, 22, 23 (except for part one), 24 (except for paragraph 2 of part two) of this Federal Law come into force on July 1, 1995; Articles 11 and 17, part two of Article 18, part three of Article 19, paragraph 5 of Article 20, part one of Article 23, paragraph 2 of part two of Article 24, part two of Article 25 of this Federal Law come into force on January 1, 1996; Articles 28, 29, 30 of this Federal Law come into force on January 1, 1997 in terms of expanding the benefits currently in effect.

Articles 14, 15, 16 of this Federal Law come into force during 1995 - 1999. The specific dates for the entry into force of these articles are determined by the Government of the Russian Federation.

Article 36. Effect of laws and other normative legal acts

The President of the Russian Federation and the Government of the Russian Federation should bring their regulatory legal acts into compliance with this Federal Law.

Until laws and other regulatory legal acts in force on the territory of the Russian Federation are brought into compliance with this Federal Law, laws and other regulatory legal acts are applied to the extent that does not contradict this Federal Law.

The president

Russian Federation

B.YELTSIN

Moscow Kremlin

November 24, 1995

N 181-FZ

　

Russia has ratified the Convention on the Rights of Persons with Disabilities. In this regard, on January 1, 2018, a federal law came into force establishing the accessibility of various facilities and services for people with disabilities. At the request of our readers, we publish what changes will occur in the lives of people with disabilities.

From January 1, 2018, people with disabilities have the right to be accompanied

To begin with, we note that Federal Law No. 419-FZ “On amendments to certain legislative acts of the Russian Federation in connection with the ratification of the Convention on the Rights of Persons with Disabilities” was adopted on December 1, 2014, but came into force on January 1, 2018. And even then not in full. Some of its articles will come into effect on July 1, 2017, and some on January 1, 2018. It makes changes to almost all legal acts from the point of view of ensuring the opportunity for people with disabilities to use services in all spheres of life. First of all, changes have been made to Federal Law No. 181-FZ “On the social protection of disabled people in the Russian Federation”.

Article No. 15 of this law specifically talks about unimpeded access for people with disabilities to social, engineering and transport infrastructure.

Pharmacies, laundries, hairdressers and any other organizations must provide disabled people with the opportunity to use their services.

But here we must take into account that it is often simply impossible to equip a building with ramps or special lifts for the disabled. The legislator has provided that in this case, organizations must agree with disabled people's societies on other ways of providing services to disabled people. This could be home delivery of goods, cooperation with social workers who will purchase goods for a disabled person, transportation of a person to a building, provision of services by mail or the Internet, etc. This work, by the way, has already been partially organized in the region. Disabled people can always contact the social taxi service.

Are these services free?

It does not follow from the law that all disabled people should be provided with free transportation to the place they need. The document only provides for the possibility of using transport services.

Who will accompany people with disabilities?

Both social workers and service workers. The law does not stipulate that each disabled person will be “assigned” an accompanying person. This is a service that will be provided within social security disabled people.

Let’s say a disabled person wants to buy medicine at a pharmacy near their home, but there is no ramp there. What should he do? According to the law, from January 1 he must be provided with a service

If a disabled person is served by a social worker, then the social worker will take care of the purchase and delivery of medications. If a disabled person is not served at home by a social worker, he can seek help from social security or demand that pharmacy workers provide him with the necessary assistance.

What actions can people with disabilities expect from social security in such a situation?

Must highlight social worker. If we consider this situation with a pharmacy, the social worker will acquire necessary medications and takes them home. But in the future, the mechanism that is provided must work, that is, each pharmacy must provide disabled people with the opportunity to receive services from them.

In the future, administrative liability will be introduced for organizations that do not comply with the law. That is, if a disabled person informs us that he was not provided with a certain service due to lack of access to the organization, the institution may be fined.

The law states that only newly commissioned buildings will be equipped with ramps. But at the same time, owners of existing facilities are still required to take measures to ensure access. Let us explain this provision of the law.

Indeed, from this year, any newly introduced facilities must meet accessibility requirements for people with limited mobility.

Should there be ramps installed everywhere?

Ramps, elevators, widened openings, etc. As for already introduced facilities, if they cannot be converted, it must be agreed with the disabled people's societies that it is possible to achieve only partial or conditional accessibility.

Who is responsible for the fact that ramps are not installed in high-rise buildings?

The management company that maintains this house. The problem of installing ramps in apartment buildings it costs very seriously next reason: the ramp is part capital construction. In most buildings, the bulk of the apartments are privatized, so obtaining permission to install a ramp or lifts requires the consent of the residents. Many do not give it: someone does not agree with the installation of ramps, believing that they will interfere with the exit from the entrance.

Changes in the procedure for providing housing benefits to disabled people

We have brought regional legislation into line with federal legislation. Taking into account the fact that all benefits for people with disabilities to pay for housing and housing and communal services are paid from federal funds, they are directly regulated by Federal Law 181 on the social protection of people with disabilities.

181 of the law clearly states that a 50% discount on housing costs is available to disabled people living in state and municipal housing stock.

That is, those who live in a privatized, purchased or donated apartment do not have this benefit. And the second point - according to regional legislation, the benefit extended to all family members of a disabled person, but according to federal legislation, the payment is made specifically to the disabled person - without taking into account the family members who live with him.

Some residents are outraged by this. I would like them to understand that these benefits are paid from federal funds. There is no talk of saving!

Benefits for major repairs

By the way, many disabled people are also labor veterans. They have the right to choose in which category to provide this benefit: to receive it as a disabled person or as a labor veteran. IN the latter case they will receive benefits under the same conditions.

The new law also provides for a 50% discount on major repairs for people over 75 years of age.

This norm was provided for by Federal Law No. 399-FZ of December 29, 2015:

50% discount on major repairs for disabled people of groups 1-2 and families with a disabled child. This payment is valid from January 1.

The law speaks of the right of the region to establish a benefit for people over 75 years old - a 50% discount on the cost of major repairs, and for those over 80 years old - a 100% discount. It is the right of each region of our country to establish a benefit or not.