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

407 10/08/2019 7 min.

The participation of people with disabilities in society is complicated by physical disabilities. Social protection from the state is designed to overcome these barriers. A special system of rights and responsibilities of a disabled person is built on the basis of the law. In this article we will look at the current guarantees and measures social support disabled people, we will show whether conditions of equality with other citizens have been created.

What you need to know about disability status

A 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.

As a result, the person partially or completely loses the ability or opportunity to live fully. This manifests itself in the difficulty:

  • assessing the current situation, your location in space and time;
  • moving without assistance;
  • satisfying your physiological needs, observing hygiene rules;
  • perceiving information from other people, comprehending it, conveying one’s thoughts;
  • control of one’s own actions within the framework of norms accepted by society;
  • memorizing and assimilating knowledge, applying it in practice;
  • performing work duties.

To be sure of the correctness of the ITU conclusion, study the classification of disability groups.

Federal Law of the Russian Federation “On the Protection of Disabled Persons”

Limitation of life activity leads to the need social protection and support from the state. Creating conditions for equal opportunitiesthe main task such protection. The framework of rights granted to disabled people is based on international standards and formalized in the system of legal acts of Russia. The basic documents are the Constitution of the Russian Federation and Federal Law N 181-FZ “On the social protection of disabled people in the Russian Federation” dated November 24, 1995, as amended on December 5, 2017.

Benefits and guarantees are provided to persons with disabilities only after acquiring the status of a disabled person. Medical institution social expertise based on a comprehensive assessment of the state of health, makes a decision on recognition of disability, determines protective measures, and creates an individual rehabilitation or habilitation program.

Last names, first names, addresses, dates of birth, education, places of work, disability groups, benefits received, vouchers and other information about such persons are combined into a single electronic system, called “ Federal Register disabled people" (FRI).

After passing the MSA, a rehabilitation plan is developed for each disabled person

If at the time of receiving the status a person had at least some work experience, then he is entitled to. If there is no experience, then you should count on.

Guaranteed social protection rights

Rehabilitation is a system and process of full or partial restoration of the abilities of disabled people for everyday, social, professional and other activities.

Habilitation- this is a system and process of forming the abilities that disabled people lack for everyday, social, professional and other activities.

These protective measures are designed to compensate for (and, if possible, eliminate) the limitations in the life activities of such a person.

A disabled person has the right to receive assistance in the medical, professional, pedagogical, household and sports spheres, i.e. where it is difficult to adapt on your own.

For each disabled person, a personal rehabilitation or habilitation program is drawn up. The measures included in it are mandatory for execution by persons of any organizational and legal form. If it is impossible to provide a service or technical means of rehabilitation from the program, the disabled person is paid monetary compensation. Participation in rehabilitation program

not a duty, but a right of a disabled person. He can refuse completely or partially, and independently provide himself with technical means of rehabilitation (prostheses, hearing aids, etc.). In case of failure from the program, a disabled person does not have the right to demand its implementation from government agencies

and compensation for unprovided free services.

Habilitation consists of a complex of social and medical assistance

The right to assistance from medical structures Disability implies constant or periodic seeking of medical care. It is free within the same framework as for other citizens, there is freedom to choose a doctor and medical organization

. At the same time, special medical institutions have been created to provide assistance to people with disabilities (centers, departments, boarding houses, sanatorium-resort facilities).

  1. Disabled status also entitles you to additional assistance: Free medicines, products and products therapeutic nutrition
  2. A trip to the sanatorium can be obtained on the basis of a doctor’s certificate confirming the need for preventive treatment. The certificate is valid for 6 months.

The duration of treatment for disabled children in a sanatorium can reach 21 days. Disabled people of all groups will spend up to 18 days in such an institution. With the exception of disabled people with impaired brain function (spinal and brain), the treatment period varies from 24 to 42 days.

The task of society is to make the environment as accessible as possible for people with disabilities

To access information

Persons with disabilities have the right to use publicly available data on the same basis as other citizens. Ensuring the right to information is carried out in the following areas:

  • Libraries are replenished with educational, reference and other types of literature on non-standard media. Difficulties with vision are solved through audio literature and books written in Braille. The source of replenishment is production and purchase at the expense of the state.
  • Hearing difficulties are overcome through visual sources of information (films, programs, etc.), supplemented by sign language translation or subtitles. Providing sign language equipment to such persons also helps.
  • Persons with hearing and/or visual impairments are helped by typhlo-surdotranslation (finger-tactile method) and typhlo-remedies.

The law recognizes sign Russian as a language of communication, translation services for which must be provided in any government organization.

Free education is also a state task within the framework of the law

Unimpeded access to social facilities

Disabled people can swim in pools, use transport, and go to a hairdresser. In theory… In practice, they are often limited in their ability to get where they need to go. Now these barriers have been removed by introducing mandatory regulations on:

  • bringing the territory into a state of accessibility for such persons: installing special ramps for wheelchairs, widening doorways, refurbishment of elevators, etc. Mandatory for all structures under construction and reconstruction from July 1, 2016. If re-equipment is no longer possible, you will have to agree with the disabled people’s society on the procedure for providing the service in a different way (at home, remotely, etc.);
  • accompanying the blind and those who are unable to move on their own;
  • duplication of necessary information: addition of graphic images audio information and inscriptions in Braille;
  • admission of guide dogs with a document confirming their special training;
  • installation of equipment and information sources in accessible places;
  • providing 10% of parking spaces for free parking vehicles for disabled people.

Wheelchairs and guide dogs are no longer a barrier to visiting public places.

Due to the lack of adequate infrastructure, people have not left their homes for years

Benefits in the housing sector

The need for housing is satisfied by providing housing under a social rental agreement from the state or municipal fund. The size of the living space can exceed the norm by a maximum of two times, depending on the severity of the disease. In this case, the fee (for rental, repair and maintenance) is charged in a single amount.

If such a person ends up in a social service organization for a long period of time, then the housing is reserved for him only for six months. After this, it is distributed among other disabled people.

Upon reaching the age of 18, orphans recognized as disabled are provided with housing first of all, subject to two conditions:

  1. their place of residence was an organization providing permanent services social services(shelters, orphanages);
  2. They are able to live independently and have household skills.

The rehabilitation and habilitation program for a disabled person determines a set of means and devices that are allowed to be installed in a residential area.

Benefits for disabled people in the housing sector:

  • 50% of rent and expenses for repairs and maintenance of housing (except for privately owned housing)
  • 50% payment for services regardless of the form of ownership (water, electricity, sewerage, etc.)

Families with disabled people have priority in the queue to receive plots of land to build a house and engage in gardening.

Education

All levels of education are available to persons with disabilities free of charge. Their content is adapted to habilitation and rehabilitation programs.

Certain types of diseases give the right to study at home. In other cases, educational structures must create conditions for learning, including sanitary conditions and compliance educational programs opportunities for people with disabilities.

Employees of educational institutions are obliged to provide support regardless of whether they receive education at home or in government organizations.

The legislation provides for housing and communal services benefits

Increasing the competitiveness of disabled people in the labor market

Professional adaptation of disabled people is provided by the state through:

  1. Employment quota settings: from 2 to 4% (if there are more than 100 employees); up to 3% (from 35 to 100 employees). Quotas are mandatory for any organization.
  2. Creation of adapted workplaces (with other equipment, lighting, etc.) within these quotas.
  3. Requirements for compliance of working conditions with the rehabilitation (habilitation) program.
  4. Training in new professions, stimulating entrepreneurship of such individuals.

Disabled people of groups I and II are guaranteed full pay for a 35-hour work week. All disabled people are entitled to 30 calendar days leave.

For children, medications and special equipment, such as wheelchairs, are provided

Service at the social level

Social services are provided by social service organizations with the assistance of public associations disabled people.

Such services are provided:

  • Stationary, when a person lives in an institution around the clock. Accommodation, medicines, special equipment, food, clothing, etc. are provided on the spot.
  • On day hospital when staying in an organization and receiving services is limited to part of the day.
  • At home, if you can’t go outside. This is how medicines, groceries are bought, cleaning is done, etc.

A disabled person has the right to skip the queue free of charge or preferential terms give away the damaged product technical rehabilitation(stroller, hearing aid, prosthesis, etc.) for repairs.

Material support

This is assistance in the form of benefits, pensions, payments in case of harm, insured event etc. In addition, every month disabled people receive an additional payment (EDV).

According to official data provided by the 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 (Articles 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. The text of the studied regulatory act was last 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, physical or 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 there should be no obstacles 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 edition under study 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 the latest edition. Download Federal Law 181 with changes relevant for the period of November 2017, you can use the following

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.

Payment for residential premises (payment 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 space total area residential premises in a single size, taking into account the benefits provided.

Residential premises occupied by disabled people are equipped with special means and devices in accordance with the individual program of rehabilitation or habilitation of the disabled person.

Disabled people living in social service organizations providing social services in a stationary form, and those wishing to receive residential premises under a social tenancy agreement, are subject to registration for improvement of 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 social service organizations that provide social services in a stationary form and 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 or habilitation program for a disabled person provides for the opportunity to carry out self-care and lead him an independent life.

Residential premises of a state or municipal housing stock occupied by a disabled person under a social tenancy agreement, when the disabled person is placed in a social service organization that provides social services in a stationary form, is retained by him for six months.

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

Disabled people and families with disabled children are provided with compensation for the cost of living quarters and utilities in the amount of 50 percent:

Rental fees and fees for the maintenance of residential premises, including fees for services, work on managing an apartment building, for the maintenance and current repairs of common property in apartment building, based on the occupied total area of ​​residential premises of state and municipal housing funds;

Fees for cold water, hot water, electrical energy consumed during the maintenance of common property in an apartment building, as well as for the disposal of wastewater for the purpose of maintaining common property in an apartment building, regardless of the type of housing stock;

Payments for utilities, calculated based on the volume of consumed utilities, determined by meter readings, but not more than consumption standards approved in the manner established by the legislation of the Russian Federation. In the absence of the specified metering devices, fees for utility services are calculated based on the standards for the consumption of utility services, approved in the manner established by the legislation of the Russian Federation;

Payment of the cost of fuel purchased within the limits established for sale to the public, and transport services for the delivery of this fuel - when living in houses that do not have central heating.

Disabled people of groups I and II, disabled children, citizens with disabled children are provided with compensation for the cost of paying a contribution to major renovation common property in an apartment building, but not more than 50 percent of the specified contribution, calculated based on the minimum contribution for major repairs per one square meter the total area of ​​residential premises per month, established by the regulatory legal act of the constituent entity of the Russian Federation, and the size of the regional standard for the standard area of ​​​​living premises used to calculate subsidies for the payment of residential premises and utilities.

Social support measures for the payment of utility services are provided to persons living in residential premises, regardless of the type of housing stock, and do not apply to cases established by the Government of the Russian Federation of applying increasing coefficients to the standards for the consumption of utility services.

Disabled people and families containing disabled people are given the right to priority receiving land plots for individual housing construction, farming and gardening.


Judicial practice under Article 17 of the Federal Law of November 24, 1995 No. 181-FZ

    Decision of October 1, 2019 in case No. A51-12181/2019

    In accordance with federal target programs, but exclusively in the manner and in cases provided for by federal laws. The Constitutional Court of the Russian Federation also indicated that Part 3 of Article 17 of the Law of November 24, 1995 No. 181-FZ “On Social Protection of Disabled Persons in the Russian Federation”, being by its nature a reference norm, is applied in a systematic relationship with the provisions of the housing...

    Resolution of October 1, 2019 in case No. A24-7810/2018

    Arbitration Court of the Kamchatka Territory (AC of the Kamchatka Territory)

    On the need to vacate the land plot from a non-stationary retail facility, as well as transfer the land plot according to the act. The said notification was received by Patlai A.F. 01/11/2016.

    17. On 08.2016, based on a statement from the administration of the Elizovsky urban settlement, the Office of Rosreestr for the Kamchatka Territory made entry No. 41-41/001/41/999/001/2016-390/1 on the termination...

    Decision No. 3A-146/2019 3A-146/2019~M-280/2019 M-280/2019 dated September 19, 2019 in case No. 3A-146/2019

    Chelyabinsk Regional Court (Chelyabinsk region) - Civil and administrative

    A residential building, upon completion of which the developer agreed to participate in the auction of the district administration for the purchase of apartments. By the ruling of the Krasnoarmeysky District Court of the Chelyabinsk Region dated August 17, 2018, the administration was denied a deferment of execution of this judicial act. On October 22, 2018 and December 7, 2018, electronic auctions conducted by the administration on...

    Resolution of September 17, 2019 in case No. A51-25561/2018

    Arbitration Court of the Far Eastern District (FAS DO)

    ... ARBITRATION COURT OF THE FAR EASTERN DISTRICT Pushkin st., building 45, Khabarovsk, 680000, official website: www.fasdvo.arbitr.ru DECISION Khabarovsk September 17, 2019 No. F03-3467/2019 The operative part of the resolution was announced 12 September 2019. The full text of the resolution was made on September 17, 2019. Arbitration Court of the Far Eastern District in...

    Resolution of September 17, 2019 in case No. A51-2298/2019

    Arbitration Court of Primorsky Krai (AC of Primorsky Krai)

    Resolution of September 3, 2019 in case No. A82-23557/2017

    Arbitration Court of the Volga-Vyatka District (FAS VVO)

    75, 114, 132 of the Constitution of the Russian Federation, articles 8, 12, 15, 16, 393, 1069 of the Civil Code of the Russian Federation, articles 51, 58 of the Housing Code of the Russian Federation, articles 17, 28.2 of the Federal Law of November 24, 1995 No. 181-FZ " On the social protection of disabled people in the Russian Federation" (hereinafter referred to as the Law on Social Protection of Disabled People), paragraphs 3 - 5 of the Rules...

In Russia, support for people with disabilities is guaranteed by Federal Law 181, which is called “On the social protection of disabled people in the Russian Federation.” The law establishes what the state policy is in relation to this segment of society, through what measures the state ensures that people with disabilities are not discriminated against. It is worth talking about the main points and latest innovations of this Federal Law.

Who does the law protect?

Federal Law 181 “On the social protection of disabled people in the Russian Federation” defines a disabled person as a person who has suffered an illness or injury that led to limitations in their life activities. These very restrictions determine the need for social protection.

The Federal Law defines a disability as a person’s inability to move independently, communicate with others, and control behavior. Depending on the severity of the restrictions, a person is assigned a group; medical and social examination. Group 1 speaks of the most severe injuries - accordingly, such persons can enjoy the greatest privileges.

List of material benefits for 2016

Federal Law 181 establishes the right to receive financial support from the state. Representatives different groups from the beginning of February (that is, when benefits are indexed), the following material payments will be received:

  • 1st group – 3357 rub.
  • 2nd group – 2397 rub. (the same amount is due to disabled children (read about the increase in pensions for disabled children in 2016)).
  • 3rd group – 1919 rub.

These cash payments are intended to replace benefits - they are added to the total pension amount. Simply put, now they will not provide medicines - you will have to buy them yourself with the money that the state transfers as an allowance.

The size of the pension also depends on the group. Representatives of the first group receive almost twice as much as the rest - 9,538 rubles (for the second and third, 4,769 rubles and 4,053 rubles, respectively). The pension increases if the recipient has dependents.

What about employment?

The “Law on Social Protection of Persons with Disabilities in the Russian Federation” states that the employment of persons with disabilities is the concern of government agencies. Subjects of the Russian Federation must establish a quota for hiring people with disabilities. According to Art. 21 Federal Law 181, quotas apply only to those organizations that employ more than 100 people. The quota for an enterprise is 2-4%, that is, per 100 employees there are at least 2 people with disabilities.

It must be said that a manager will not be severely punished for refusing to hire a person with disabilities: he faces an administrative fine of up to 3 thousand rubles.

What is habilitation?

One of the latest innovations in the law on social protection of disabled people was the appearance of the word “habilitation”. The term “habilitation” was introduced into legislation when amendments were made to the Federal Law of November 21, 2014. You should try hard to understand the difference between rehabilitation and habilitation: the law on disabled people Federal Law 181 specifies that rehabilitation is the restoration of lost abilities for everyday and professional activities, and habilitation is the formation of abilities that were not there before. It is believed that habilitation is relevant for children with health problems. That is, the law determines that a disabled child must be raised in such a way as not to be aware of his inferiority.

This is not all that is written about in Federal Law 181 - it also regulates such aspects as obtaining housing and medical care. The law takes into account all areas of interests of people with disabilities, so as long as this Federal Law is in effect, they do not have to worry: their rights to social equality will be protected.

Changes and amendments

(as amended by Federal Law dated January 4, 1999 N 5-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 international law and international treaties of the Russian Federation.

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 impairment of body functions and limitations in life activity, persons recognized as disabled are assigned a disability group, and persons under the age of 16 are assigned the category “disabled child.”

Recognition of a person as disabled is carried out by the State Medical and Social Expertise Service. 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, social and legal measures that provide disabled people with conditions for overcoming, replacing (compensating) disabilities and aimed at creating opportunities for them to participate in the life of society equal to other citizens.

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 in 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) definition public policy regarding disabled people;

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

5) determination of criteria, establishment of conditions for recognizing a person as disabled;

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

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

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

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 federal basic programs for the rehabilitation of disabled people;

11) creation and management of rehabilitation industry facilities that are federally owned;

12) determination of the list of specialties of workers engaged in the field of medical and social examination and rehabilitation of disabled people, organization of training in this area;

13) coordination 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) establishment of job quotas for disabled people;

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

17) establishment of federal benefits, including taxation, for organizations, regardless of organizational and legal forms and forms of ownership, that invest funds in the sphere of social protection of people with disabilities, produce special industrial goods, technical means and devices for people with disabilities, provide services to people with disabilities, as well as public associations of disabled people and enterprises, institutions, organizations, business partnerships and societies owned by them, authorized capital which consists of the contribution of a public association of disabled people;

18) establishment of federal benefits for certain categories of disabled people;

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

Article 5. Competence of state authorities of the constituent entities of the Russian Federation in the field of social protection of disabled people

The jurisdiction of state authorities of the constituent entities of the Russian Federation in the field of social protection of disabled people includes:

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

2) adoption of laws and other regulatory legal acts of the constituent entities of the Russian Federation on the social protection of disabled people, monitoring their implementation;

3) determining priorities in the implementation of social policy regarding people with disabilities in the territories of the constituent entities of the Russian Federation, taking into account the level of socio-economic development of the territory of the constituent entity of the Russian Federation;

4) creation of enterprises, institutions and organizations Civil service medical and social examination, State Service for the Rehabilitation Industry, monitoring their activities;

5) accreditation and licensing of enterprises, institutions and organizations owned by constituent entities of the Russian Federation, carrying out activities in the field of rehabilitation of disabled people;

6) participation in implementation federal programs in the field of social protection of disabled people, development and financing of regional programs in this area;

7) approval and financing of the list of rehabilitation activities carried out in the territories of the constituent entities of the Russian Federation, taking into account socio-economic, climatic and other features in addition to the federal basic programs for the rehabilitation of people with disabilities;

8) creation and management of facilities in the field of social protection of disabled people under the jurisdiction of the constituent entities of the Russian Federation;

9) organization and coordination of training activities in the field of social protection of disabled people;

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

11) development, within its competence, of methodological documents on issues of social protection of disabled people;

12) assistance in the work and assistance to public associations of people with disabilities in the territories of the constituent entities of the Russian Federation;

13) establishment of benefits, including taxation, for organizations, regardless of organizational and legal forms and forms of ownership, investing in the sphere of social protection of people with disabilities, producing special industrial goods, technical means and devices for people with disabilities, providing services to people with disabilities, as well as public associations disabled people and their owned enterprises, institutions, organizations, business partnerships and societies, the authorized capital of which consists of the contribution of a public association of disabled people;

14) establishment of benefits for disabled people or certain categories of disabled people in the territories of the constituent entities of the Russian Federation at the expense of funds from the budgets of the constituent entities of the Russian Federation;

15) formation of budgets of the constituent entities of the Russian Federation in terms of expenses for social protection of disabled people.

Federal government bodies and government bodies of the constituent entities of the Russian Federation may, by agreement, transfer to each other part of their powers in the field of social protection 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 - labor, psychological data of the person being examined using classifications and criteria developed and approved in the manner determined by the Government of the Russian Federation.

Article 8. State service of medical and social examination

1. Medical and social examination is carried out by the State Service for Medical and Social Examination, which is part of the system (structure) of social protection bodies of the Russian Federation. The procedure for organizing and operating the State Service for Medical and Social Expertise is determined by the Government of the Russian Federation.

2. Medical services when registering citizens for examination in institutions of the State Service for Medical and Social Expertise, rehabilitation measures are included in the federal basic program of mandatory health insurance citizens of the Russian Federation and are financed from the federal and territorial compulsory health insurance funds.

3. The State Service of Medical and Social Expertise is entrusted with:

1) determination of the disability group, its causes, timing, time of onset of disability, the disabled person’s need for various types social protection;
2) development individual programs rehabilitation of disabled people;
3) study of the level and causes of disability of the population;
4) participation in development comprehensive programs disability prevention, medical social rehabilitation and social protection of disabled people;
5) determination of the degree of loss of professional ability of persons who received a work injury or occupational disease;
6) determining the cause of death of a disabled person in cases where the legislation of the Russian Federation provides for the provision of benefits to the family of the deceased.

The decision of the body of the State Service for Medical and Social Expertise is mandatory for execution by the relevant government bodies, local government bodies, as well as organizations, regardless of organizational and legal forms and forms of ownership.

Chapter III. Rehabilitation of disabled people

Article 9. Concept of rehabilitation of disabled people

1. Rehabilitation of people with disabilities is a system of medical, psychological, pedagogical, socio-economic measures aimed at eliminating or, as fully as possible, compensating for life limitations caused by health problems with persistent impairment of body functions. The goal of rehabilitation is to restore social status disabled person, his achievement of material independence and his social adaptation.

2. Rehabilitation of disabled people includes:

1) medical rehabilitation, which consists of rehabilitation therapy, reconstructive surgery, prosthetics and orthotics;

2) vocational rehabilitation disabled people, which consists of vocational guidance, vocational education, vocational and industrial adaptation and employment;

3) social rehabilitation of disabled people, which consists of social and environmental orientation and social and everyday adaptation.

Article 10. Federal basic program for the rehabilitation of disabled people

The Federal Basic Program for the Rehabilitation of Disabled Persons is a guaranteed list of rehabilitation measures, technical means and services provided to a disabled person free of charge from the federal budget.

The Federal Basic Program for the Rehabilitation of Disabled Persons and the procedure for its implementation are approved by the Government of the Russian Federation.
Rehabilitation technical means and services are provided to people with disabilities, as a rule, in kind.

Article 11. Individual rehabilitation program for a disabled person

An individual rehabilitation program for a disabled person is a complex of optimal rehabilitation measures for a disabled person, developed on the basis of a decision of the State Medical and Social Expertise Service, which includes certain types, forms, volumes, timing and procedures for the implementation of medical, professional and other rehabilitation measures aimed at restoration and compensation for impaired or lost body functions, restoration, compensation of a disabled person’s ability to perform certain types activities.

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 free of charge in accordance with the federal basic program for the rehabilitation of disabled people, and rehabilitation measures in which the disabled person himself or other persons or organizations participate in the payment, regardless of organizational, legal forms and forms of ownership.

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 basic program for the rehabilitation of disabled people.

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 or type of rehabilitation, including cars, 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.

If a technical or other means 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 the technical or other means or services that should be provided to the disabled person.

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 state authorities, local governments, 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 12. State service for rehabilitation of disabled people

State Service for the Rehabilitation of Disabled People - a set of government bodies, regardless of departmental affiliation, local government bodies, institutions various levels carrying out measures for medical, professional and social rehabilitation.

Coordination of activities in the field of rehabilitation of disabled people is carried out by the Ministry of Social Protection of the Population of the Russian Federation.

Rehabilitation institutions are institutions that carry out the process of rehabilitation of disabled people in accordance with rehabilitation programs.

Federal executive authorities, executive authorities of the constituent entities of the Russian Federation, taking into account regional and territorial needs, create a network of rehabilitation institutions and ensure the development of a system of medical, professional and social rehabilitation of people with disabilities, organize the production of technical means of rehabilitation, develop services for people with disabilities, promote the development of non-state rehabilitation institutions with whether they have licenses for this type of activity, as well as funds various forms property and interact with them in the implementation of rehabilitation of disabled people.

Financing of rehabilitation activities is carried out from the federal budget, funds from the budgets of the constituent entities of the Russian Federation, federal and territorial compulsory health insurance funds, the State Employment Fund of the Russian Federation, the Pension Fund of the Russian Federation (in accordance with the provisions on these funds), other sources not prohibited legislation of the Russian Federation. Financing of rehabilitation activities, including the maintenance of rehabilitation institutions, is allowed on the basis of cooperation of budgetary and extrabudgetary funds.

The procedure for organizing and operating the State Service for the Rehabilitation of Disabled Persons is determined by the Government of the Russian Federation.

Chapter IV. Providing life support for people with disabilities

Article 13. Medical assistance to disabled people

Providing qualified medical care to people with disabilities, including drug provision, is carried out free of charge or on preferential terms in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

The procedure and conditions for providing qualified medical care to various categories of disabled people are determined by the Government of the Russian Federation.

Medical rehabilitation of disabled people is carried out within the framework of the federal basic program compulsory medical insurance of the population of the Russian Federation at the expense of federal and territorial compulsory medical insurance funds.

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

The state guarantees a disabled person the right to receive the necessary information. For these purposes, measures are being taken to strengthen the material and technical base of editorial offices, publishing houses and printing enterprises that produce special literature for people with disabilities, as well as editorial offices, programs, studios, enterprises, institutions and organizations that produce recordings, audio recordings and other sound products, film and videos and other video products for people with disabilities. Issue of periodical, scientific, educational - methodological, reference - information and fiction for disabled people, including those published on tape cassettes and in embossed dotted Braille, is carried out at the expense of the federal budget.

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.

Social protection authorities provide assistance to people with disabilities in obtaining sign language translation services, providing sign language equipment, and providing typhoid medications.

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

The Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, local government bodies, organizations, regardless of organizational and legal forms and forms of ownership, create conditions for people with disabilities (including people with disabilities using wheelchairs and guide dogs) for free access to social infrastructure: residential , public and industrial buildings, recreational facilities, sports facilities, cultural and entertainment and other institutions; for unhindered use public transport and transport communications, means of communication and information.

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 the development and production of vehicles common 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.

Carrying out measures to adapt social and industrial infrastructure facilities for access to them by disabled people and their use by disabled people is carried out in accordance with federal and territorial target programs approved in the prescribed manner.

The development of design solutions for the new construction of buildings, structures and their complexes without coordination with the relevant executive authorities of the constituent entities of the Russian Federation and taking into account the opinions of public associations of people with disabilities is not allowed.

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 adaptations for vehicles, stations, airports and other facilities that allow people with disabilities to freely use their services.

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.

Disabled people are exempt from rent for land and premises for storing vehicles available for their personal use.

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 failure to fulfill obligations to ensure access for people with disabilities to social infrastructure facilities

Organizations, regardless of organizational and legal forms and forms of ownership, that do not comply with the adaptation measures provided for by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation existing funds transport, communications, information and other social infrastructure facilities for access to them by disabled people and their use by disabled people, allocate to the appropriate budgets the funds necessary to meet the needs of disabled people, in the manner and amounts established by the Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, authorities local government with the participation of public associations of disabled people. These funds are used for the intended purpose only for the implementation of measures to adapt social infrastructure facilities for access to them by disabled people and their use by disabled people.

Article 17. Providing disabled people with living space

Disabled people and families with disabled children in need of improved housing conditions are registered and provided with living quarters, taking into account the benefits provided for by the legislation of the Russian Federation and 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 have the right to additional living space in the form of a separate room in accordance with the list of diseases approved by the Government of the Russian Federation. This right is taken into account when registering for the improvement of living conditions and the provision of residential premises in houses of the state or municipal housing stock. Additional living space occupied by a disabled person (regardless of whether in the form of a separate room or not) is not considered excessive and is subject to payment in a single amount, taking into account the benefits provided.

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

Disabled people living in stationary social service institutions and wishing to obtain residential premises under a rental or lease agreement are subject to registration for improvement of 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 deprived of 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, municipal and public housing stock, occupied by a disabled person under a rental or rental 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, municipal and public housing stock, occupied by disabled people under a rental or rental agreement, upon their vacancy, are occupied first of all by other disabled people who need to improve their living conditions.

Disabled people and families with disabled children are given a discount of at least 50 percent on rent (in state, municipal and public housing) and utility bills (regardless of the housing stock), and in residential buildings that do not have central heating , - from 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.

The procedure for providing these benefits is determined by the Government of the Russian Federation. Executive authorities of the constituent entities of the Russian Federation and local governments have the right to establish additional benefits for people with disabilities.

Article 18. Education and training of disabled children

Educational institutions, social protection bodies, communications, information, physical culture and sports institutions ensure continuity of upbringing and education, social and everyday adaptation of disabled children.

Educational institutions, together with social protection authorities and health authorities, provide pre-school, out-of-school education and education for disabled children, and the receipt of secondary general education, secondary vocational and higher vocational education by disabled people in accordance with the individual rehabilitation program for the 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, in non-state educational institutions, as well as the amount of compensation for parents' expenses for these purposes are determined by the Government of the Russian Federation.

Article 19. Education of disabled people

The state guarantees disabled people the necessary conditions for education and training.

General education of disabled people is provided free of charge 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.

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 people with disabilities who need special conditions To obtain vocational education, special vocational educational institutions of various types and types are created or corresponding conditions are created in vocational educational institutions of a general type.

Vocational training and professional education disabled people in special vocational educational institutions for disabled people are carried out in accordance with state educational standards on the basis of educational programs adapted for training people with disabilities.

Organization educational process in special professional educational institutions for people with disabilities is regulated by regulatory legal acts, organizationally - teaching materials relevant ministries and other federal executive authorities.

State educational authorities provide students with special education free of charge or on preferential terms. teaching aids and literature, and also provide students with the opportunity to use the services of sign language interpreters.

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) implementation of preferential financial and credit policies in relation to specialized enterprises employing disabled people, enterprises, institutions, organizations of public associations of disabled people;

2) establishing in organizations, regardless of organizational and legal forms and forms of ownership, quotas 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 disabled people;

7) organizing training for disabled people in new professions.

Article 21. Establishing a quota for hiring disabled people

For organizations, regardless of organizational and legal forms and forms of ownership, the number of employees in which is more than 30 people, a quota is established for hiring disabled people as a percentage of average number employees (but not less than three percent).

Public associations of disabled people and their owned enterprises, institutions, organizations, business partnerships and societies, the authorized capital of which consists of the contribution of a public association of disabled people, are exempt from mandatory quotas of jobs for disabled people.

The executive authorities of the constituent entities of the Russian Federation have the right to establish a higher quota for hiring people with disabilities.

The procedure for determining the quota is approved by the specified bodies.

In case of non-fulfillment or impossibility of fulfilling the quota for hiring disabled people, employers pay a mandatory fee in the established amount for each unemployed disabled person within the established quota to the State Employment Fund of the Russian Federation. The funds received are spent specifically on creating jobs for people with disabilities.

By submission Federal service Employment of Russia The State Employment Fund of the Russian Federation transfers the indicated amounts to organizations, regardless of organizational and legal forms and forms of ownership, for the creation of jobs for disabled people in excess of the approved quota, as well as public associations of disabled people for the creation of specialized enterprises (shops, sites) employing the work of disabled people.

Article 22. Special workplaces for employing disabled people

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

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

Special jobs for employing disabled people are created at the expense of the federal budget, funds from the budgets of the constituent entities of the Russian Federation, and the State Employment Fund of the Russian Federation, with the exception of jobs for disabled people who have received a work injury or occupational disease. Special workplaces for the employment of disabled people who received illness or injury while performing their duties military service or as a result natural Disasters and interethnic conflicts are created at the expense of the federal budget.

Special workplaces for the employment of disabled people who have received a work-related injury or occupational disease are created at the expense of employers who are obliged to compensate for harm caused to employees as a result of injury, occupational disease or other damage to health associated with the performance of work duties by employees.

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 labor contracts working conditions for disabled people (wages, working hours and rest periods, duration of annual and additional paid leave, etc.) that worsen the situation of disabled people in comparison with other employees.

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 based on a six-day working week.

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

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

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

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. Heads of organizations, regardless of organizational and legal forms and forms of ownership, who violate the procedure for making mandatory payments to the State Employment Fund of the Russian Federation, are liable in the form of paying a fine: for concealing or understating the mandatory payment - in the amount of the hidden or underpaid amount, and in in case of refusal to hire a disabled person within the established quota - in the amount of the cost of the workplace determined by the executive authorities of the constituent entities of the Russian Federation. The amounts of fines are collected in an indisputable manner by the authorities of the State Tax Service of the Russian Federation. Paying a fine does not relieve them from paying the debt.

Article 25. Procedure and conditions for recognizing a disabled person as unemployed

Unemployed is a disabled person who has a work recommendation, a conclusion on the recommended nature and conditions of work, which is issued in the prescribed manner, who does not have a job, is registered with the Federal Employment Service of Russia in order to find a suitable job and is ready to start it.

To make a decision on recognizing a disabled person as unemployed, he submits to the Federal Employment Service of Russia, along with the documents established by the Law of the Russian Federation “On Employment of the Population in the Russian Federation,” an individual rehabilitation program for a disabled person.

Article 26. State incentives for the participation of enterprises and organizations in ensuring the livelihoods of people with disabilities

State support (including the provision of tax and other benefits) to enterprises and organizations producing industrial goods, technical means and devices for disabled people, providing employment for disabled people, providing medical care, educational services, providing sanatorium and resort treatment, consumer services and creating conditions for classes physical culture and sports, organizing leisure activities for people with disabilities, investing more than 30 percent of profits in projects that ensure the livelihoods of people with disabilities, in scientific and experimental developments of technical means for the rehabilitation of people with disabilities, as well as prosthetic and orthopedic enterprises, medical and industrial (labor) workshops and auxiliary rural farms institutions of social protection bodies, the state enterprise "National Fund for Assistance to Disabled Persons of the Russian Federation" is carried out in the manner and under the conditions provided for by the legislation of the Russian Federation.

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 the legislation of the Russian Federation.

Receiving compensation and others cash payments one type does not deprive disabled people of the right to receive other types of monetary payments if they have grounds for this, provided for by the legislation of the Russian Federation.

Article 28. Social services for disabled people

Note: On the issue relating to social services for elderly citizens and the disabled, see Federal Law of 02.08.95 N 122-FZ.

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

Executive authorities of the constituent entities of the Russian Federation and local governments 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.

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.

Disabled people have the right to manufacture and repair prosthetic and orthopedic products and other types of prosthetic products (except for dentures made of precious metals and other expensive materials equal in value to precious metals) at the expense of the federal budget in the manner established by the Government of the Russian Federation.

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

Disabled persons receive a 50 percent discount for using telephones and radio broadcasting points.

Disabled people are provided household appliances, typhlo-, surdo- and other means necessary for social adaptation; Repair of these devices and facilities is carried out for disabled people free of charge or on preferential terms.

The procedure for providing disabled people with technical and other means that make their work and life easier is determined by the Government of the Russian Federation.

Article 29. Sanatorium and resort treatment for disabled people

Disabled people and disabled children have the right to sanatorium and resort treatment in accordance with an individual rehabilitation program for a disabled person on preferential terms. Group I disabled people and disabled children in need of sanatorium and resort treatment have the right to receive a second voucher for the person accompanying them under the same conditions.

For non-working disabled people, including those in inpatient social service institutions, sanatorium and resort vouchers are issued free of charge by social protection authorities.

Working disabled people are provided with sanatorium - resort packages at the place of work on preferential terms at the expense of social insurance funds.

Disabled persons who have received a work injury or occupational disease are provided with vouchers for sanatorium and resort treatment at the expense of employers who are obliged to compensate for harm caused to employees as a result of injury, occupational disease or other damage to health associated with the performance of work duties by employees.

Article 30. Transport services for disabled people

Disabled children, their parents, guardians, trustees and social workers Those caring for disabled children, as well as disabled people, enjoy the right to free travel on all types of public transport in urban and suburban traffic, except taxis.

Disabled persons are given a 50 percent discount on the cost of travel on intercity lines of air, rail, river and road transport from October 1 to May 15 and once (round trip) at other times of the year. Disabled people of groups I and II and disabled children are given the right to free travel once a year to the place of treatment and back, unless more preferential conditions are established by the legislation of the Russian Federation.

These benefits apply to a person accompanying a disabled person of group I or a disabled child.

Disabled children and their accompanying persons are given the right to free travel to the place of treatment (examination) on buses on suburban and intercity intraregional routes.

Disabled people with appropriate medical conditions are provided with a car vehicles free of charge or on preferential terms. Disabled children who have reached the age of five and suffer from dysfunction of the musculoskeletal system are provided with motor vehicles under the same conditions with the right to drive these vehicles by adult family members.

Technical support and repair of vehicles and other rehabilitation equipment belonging to disabled people are carried out out of turn on preferential terms and in the manner established by the Government of the Russian Federation.

Disabled persons and parents of disabled children are compensated for expenses associated with the operation of special vehicles.\

Disabled persons who have appropriate medical indications for receiving a free vehicle, but have not received it, and also at their request, instead of receiving a vehicle, are provided with annual monetary compensation for transportation expenses.

The procedure and conditions for the provision of vehicles and payment of compensation for transportation costs are determined by the Government of the Russian Federation.

Article 31. Procedure for maintaining benefits established for disabled people

Organizations, regardless of organizational and legal forms and forms of ownership, provide disabled people with benefits in paying for medicines and sanatorium and resort treatment; on transport services, lending, acquisition, construction, receipt and maintenance of housing; for payment of utilities, services of communication institutions, trade enterprises, cultural and entertainment and sports and recreational institutions in accordance with the legislation of the Russian Federation.

This Federal Law preserves the benefits established for disabled people legislation former Union SSR. The benefits provided for disabled people are preserved regardless of the type of pensions they receive.

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 benefit under this Federal Law and at the same time under another legal act, the benefit is provided either under this Federal Law or under another legal act (regardless of the basis for establishing the benefit).

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 determination 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 people

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

Public associations created and operating in order 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) (see text in the previous edition)

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 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.

Article 34. Benefits provided to public associations of disabled people

The state guarantees the provision of benefits for the payment of federal taxes, fees, duties and other payments to budgets of all levels to all-Russian public associations of disabled people, their organizations, enterprises, institutions, organizations, business societies and partnerships owned by them, the authorized capital of which consists of the contribution of these public associations of disabled people.

Decisions on providing benefits to public associations of disabled people for the payment of regional and local taxes, fees, duties and other payments are made by government bodies at the appropriate level.

Decisions on providing benefits for the payment of federal taxes, fees, duties and other payments to regional and local public associations of people with disabilities can be made by government authorities at the appropriate level within the limits of amounts credited in accordance with the legislation of the Russian Federation to their budgets.

Preparation and adoption of decisions on the provision of these benefits is carried out with the mandatory participation of public associations of disabled people.

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, clause 5 of part two of Article 20, part one of Article 23, clause 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 they do not contradict this Federal Law.

The president

Russian Federation