General provisions of social protection of disabled people. The rights of people with disabilities in Russia have reliable protection within the framework of the law and the constitution of the country. Where to go for the rights to protect people with disabilities

As you know, such a category of the population as disabled people is the most vulnerable. This is due to certain restrictions in the scope of their activity. Russia in its legislative framework provides protection of the rights of people with disabilities in all sectors of life. What additional opportunities and benefits do Russian disabled people have? More on this below.

General concept

Who is recognized by law as disabled? The regulatory legal acts that are currently in force in Russia offer a clear definition of the concept of “disabled person.” The legislator determines that such a person is, first of all, a person who has some physical or other pronounced disabilities. Other deviations include mental, sensory or mental.

All disabled people are divided into several groups, depending on the severity of the injury and limitations in their life activities. The most significant is the third group, when a person is deprived physical activity and does not have the opportunity to independently carry out certain vital necessary actions. The simplest disability group is the first.

The legislator considers disabled children to be a separate group. For this category in Russia, special opportunities are provided, which are also enshrined in legislation.

Regulatory acts

All special rights and opportunities of disabled people are reflected in legislative acts. IN Russian Federation In relation to persons of this category, both domestic and international legislation is applied. In the first case, the main regulatory act is the Federal Law “On the Protection of the Rights of Persons with Disabilities”. It reveals the whole essence of the features provided for the life of such a category of the population.

Regarding international legislation, then the concept of additional rights of persons with disabilities is widely discussed in the Convention on the Protection of the Rights of Persons with Disabilities, on the basis of which Russian legislation in relation to such issues is often interpreted. It presents 50 articles to the attention of lawyers and ordinary readers, which step by step describe all the opportunities that people with disabilities can use.

In addition to these basic documents, Russian legislation has a lot of sectoral laws that stipulate additional rights disabled people. These are: Labor Code, Family Code, Housing Code, as well as some other codes.

Labor legislation

The protection of the rights of people with disabilities in the Russian Federation is widely covered in labor legislation. People engaged in legal labor activity have the right to work for less time than ordinary person- for 7 hours a day. In total, the weekly working hours are 35. In this case, the employer is obliged to pay wages in full as for an employee performing the same duties for 8 hours a day.

Regarding rest time, a disabled person has the right to 30 days of leave, which must be granted every year. Moreover, such an employee has the right to take advantage of the opportunity to take free leave, the duration of which in total should not exceed 30 days per year.

At any enterprise, the employer is obliged to properly equip a place for a disabled person to perform work duties, and in accordance with his physical characteristics. In addition, the law prohibits the use of labor of this category of employees for overtime, night work, as well as on holidays and weekends. This option is permitted only with the written consent of the disabled person.

To ensure that the employment of people with disabilities is not problematic, the state obliges many categories of employers to organize places for people with disabilities to work at their enterprises, institutions and organizations. For this purpose quotas are established. In the process of staff reduction, it is prohibited to remove such workers from their positions - this also includes the protection of the labor rights of people with disabilities.

Housing legislation

In the field of housing legislation, some benefits are also offered for such a vulnerable group of the population. The Russian law on the protection of the rights of persons with disabilities states that certain groups of people have the right to receive separate housing space; their final list is offered in the article of this regulatory legal act. These include people suffering from an active form of tuberculosis, as well as those who move in wheelchairs and have abnormalities in the function of the musculoskeletal system. In addition, separate housing is provided for mentally ill persons, for whom mandatory the need for supervision by other persons is established. Disabled people with severe forms of kidney damage and those who have recently undergone transplant surgery bone marrow or other bodies, must also be provided with separate housing, equipped according to special requirements.

Housing legislation also provides for the protection of the rights of people with disabilities who do not suffer from the above diseases. They can receive out-of-order housing or a summer cottage with land for housekeeping. In addition, persons with disabilities have the right to pay for all housing services in the amount of 50% of the cost of the total amount.

Family law

The Law on the Protection of the Rights of Persons with Disabilities in the Russian Federation guarantees some opportunities for people with disabilities in the inheritance industry. Thus, in the process of dividing the inheritance, even if a person suffering from a disability is not registered in the will, he must be given a share of all benefits in the amount of at least 2/3. In the event that there is no will, such an heir receives the benefits in equal parts with the others.

The Family Code contains a note that a disabled person, in the event of a divorce procedure, has the right to demand alimony from his former spouse. However, you can refuse this opportunity.

Education system

In the education system, the state also protects the rights of people with disabilities. In particular, this is expressed in providing the opportunity for disabled students to receive special technical means for learning. In addition, they are entitled to a special scholarship, as well as the opportunity to study special program, compiled taking into account the person’s abilities. Disabled applicants have the right to priority admission to the ranks of students at all higher educational institutions in Russia.

During each exam session, a disabled student has additional time to prepare for the answer.

Disabled children have the right to attend specialized school and preschool institutions, which offer a full range of conditions created taking into account certain physical disabilities of the person. In order to exercise this right, parents must send their child to undergo a special medical commission, as a result of which a certificate is provided that is necessary for enrollment in institutions of this nature.

Healthcare industry

The Federal Law on Social Protection of the Rights of Persons with Disabilities provides protection for this category of the population in the field of healthcare. In accordance with its norms, any disabled person has the right to preferential provision of drugs that are necessary to maintain his normal life, as well as medical and technical means and some personal hygiene items, the list of which is determined separately for each group. If it is necessary to carry out prosthetics, it is also carried out at the expense of public funds.

Every year, the local social insurance fund is obliged to provide disabled people with a one-time trip to a sanatorium with payment for accommodation, food and travel in both directions

Branch of culture

Legislative acts that regulate the activities of cultural institutions of various types also offer a number of opportunities that are provided in order to protect the rights of persons with disabilities.

First of all, such regulatory legal acts indicate that unhindered access to each cultural institution must be ensured in the form of the availability of special means. In particular, ramps and lifts can serve as an example of this.

Tickets for cultural events at government institutions are also offered at an additional discount. This is especially true for museums, where entrance for disabled people is available with a 50% discount.

The television broadcasting system also provides additional opportunities for this population group. This especially applies to television programs during which sign language interpretation is provided, and a ticker is also offered.

Pension provision

The Federal Law on the Protection of the Rights of Persons with Disabilities provides wide range opportunities in pension provision. Thus, any disabled person who has not accumulated the work experience necessary to receive a pension has the right to receive a social pension until he reaches retirement age. In addition, all representatives of this group who have work book at least one day of service, receive a disability pension calculated according to a separate program.

Tax legislation

In the field of tax legislation, the rights of people with disabilities in the Russian Federation are also protected. The range of its action is relatively small, but the activities of the state in this area are positively assessed by representatives of this category.

Disabled people in the Russian Federation have the right to take advantage of social tax deduction. In addition, every person with disabilities can be exempt from paying land tax.

Tax legislation provides for complete exemption from payment of state duty, provided that disabled person I or II goes to court with a claim, the price of which does not exceed 1 million rubles.

Protecting the rights of disabled children

The activities of the state in this area are the most relevant. This is due to the fact that children with disabilities are a particularly vulnerable group of the population that needs additional protection of their rights.

The Law on the Protection of the Rights of Persons with Disabilities provides for the possibility of obtaining a separate pension for a child, for which one must apply to the pension fund. In addition, representatives of this group can use all housing and communal services with a 50% discount, as well as utilities under the same conditions.

According to doctors' prescriptions, a disabled child can receive free medicines that are needed to maintain normal level life and activity. IN public transport A disabled child can travel completely free of charge, subject to presentation of the appropriate identification.

Society for the Protection of the Rights of Persons with Disabilities

In the system of public organizations in Russia, there is a separate society that is engaged in developing new programs to improve the lives of people with disabilities, as well as monitoring the proper implementation of laws on the rights of people with disabilities and guarantees for them. This structure has branches throughout the Russian Federation, thanks to which any representative of this population group has the right to seek help or advice.

Social protection of the rights of disabled people by this group is provided on a voluntary basis. As part of its activities, charitable funds are collected for treatment or the provision of special technical supplies. In addition, the organization is developing new programs to ensure a higher standard of living for members of this category. Any person has every right to contact this structure at his place of residence in order to protect the rights of people with disabilities, since the company has a team of professional lawyers specializing in resolving such issues.

Social assistance

The legislation of the Russian Federation also guarantees the provision of social assistance for people with disabilities different groups. As a rule, it is aimed at people who are in difficult financial situations.

Within the framework of such opportunities, a low-income disabled person has every right to receive from social services food packages, material assistance, and clothing. In order to apply for this benefit in practice, it is necessary to provide to the service located in the building of the executive committee at the place of residence an application with the appropriate content, a certificate indicating the presence of disability, as well as its group and, in addition, a certificate about the composition of the family and its financial position

Every person with disabilities can have the opportunity to stay in social service institutions, rest homes, and rehabilitation centers. In addition, if necessary, all people with disabilities in need can be provided with a temporary shelter, which provides everything they need for a comfortable stay.

Liability for discrimination against persons with disabilities

In order to ensure an adequate and adequate standard of living for people with disabilities, the legislation provides for criminal liability for their harassment and discrimination. This article was introduced into the Criminal Code of the Russian Federation on the basis of a similar provision found in Article 5 of the UN Convention on the Rights of Persons with Disabilities. It talks about a complete ban on discrimination against people with disabilities and infringement of their rights. It is on the basis of this provision and article in the Criminal Code that any disabled person has every right to apply to the court to protect their rights in any area of ​​​​life. As practice shows, most often harassment of people with disabilities occurs in the labor sphere, which is due to the employer’s reluctance to use hired labor for this group of the population.

The official definition of the concept of “disabled person” is given by the Declaration of the Rights of Persons with Disabilities, which lists the principles on which the rights and social protection of the category of citizens with disabilities are based. This international document was adopted by the UN Assembly in 1975. The peculiarity of this document is that it does not have binding legal force for states, but reference to its provisions and articles during legal proceedings is allowed, and judicial authorities take note of such references, considering them legal and justified. At the same time, the Convention on the Rights of Persons with Disabilities is also in force - this is an international legal act adopted by the UN in 2006, and began its work in 2008. This document has been adopted in more than 173 countries. The Convention has legal force in those states that have ratified it.

Legal assistance to disabled people and persons with disabilities - the rights of disabled people in Russia and their protection!

Monthly cash compensation instead of city social services Receiving city social support measures in terms of free travel in city passenger transport (except taxis and minibuses) in monetary terms. Provided to disabled people of vision groups I and II - 173 rubles. 4. Monthly compensation payment a person caring for a disabled person from childhood to 23 years - 5,000 rubles.

Appointed from the month of examination of the child in ITU Bureau and is paid for the month of expiration of the disability period, but not more than until the child reaches the age of 23 years. 5. Monthly compensation payment to a disabled person from childhood under the age of 23 who has lost a breadwinner - 1,450 rubles. 6. Monthly compensation payment for a child under the age of 18 living in a family in which both or the only parent does not work and is a disabled person of group I or II - 5,000 rubles.

Annual review of military activities

Important

Basically, this functionality to ensure accessibility and free legal support and assistance is assigned to the social protection authorities. So, if a question arises about where to go to protect the rights of people with disabilities in the Russian Federation, it is recommended to use the help of the following organizations and government bodies:

• Prosecutor's Office of the Russian Federation;
• Social protection authorities;
• Society of disabled people at regional and municipal levels.

The Federal Law on State and Social Assistance determines when and in what cases disability is granted, outlining the range and list of diseases and pathological changes, as well as the procedure for obtaining and registering disability. The process of determining medical indications for disability is entrusted to specially created commissions within health care institutions.

Rights of disabled children and their parents: protection of important people!

In particular, the Charter of the All-Russian Society of the Deaf (VOG) states that members of the VOG can be citizens of the Russian Federation with hearing impairment who have reached the age of 14, as well as citizens with normal hearing who have proven themselves to be actively involved in its work and recognize the Charter of the VOG. Managerial employees and other specialists of enterprises, organizations and institutions of the VOG are required to master sign language to an extent sufficient to perform official functions. The society promotes their education. Admission to VOG membership is carried out by the primary organization of the VOG or the local board upon the personal application of citizens. Many public organizations provide all possible assistance to their members and those simply in need.

Social protection of disabled children in the Russian Federation

If people do not learn to help each other,” then the human race will disappear from the face of the earth.” Walter Scott We are glad to welcome you to our Website! Our activities include social support, financial assistance, assistance in medical and social rehabilitation, protection of the rights and legitimate interests of disabled children and disabled adults, and assistance in improving their living conditions. The Society of Disabled Children "NAITIE" is a socially oriented non-profit organization and works in close cooperation with the Moscow Government, the Moscow Department of Social Protection, the prefecture of the South-Western District and children's correctional institutions. The Society of Disabled Children "NAITIE" is a charitable organization (Passport of a charitable organization No. 268 issued on November 23, 2000.
City Charitable Council of the Moscow Government).

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All disabled people are protected by the state. The supervisory authorities of the prosecutor's office promptly respond to violations and work to prevent them in a timely manner. New on the site Authorization Regional Public Organization Protection of Consumer Rights in St. Petersburg © 2015. Legal assistance to disabled people and persons with disabilities acts:

1. Veterans Law.
2. Labor and Housing Codes;

Thus, federal legislation is designed in such a way as to create conditions for such people that will allow them to be Moscow Natalya Anatolyevna Emelkina In this regard, the Government of the Russian Federation has adopted resolutions regulating the practical implementation of the rights of people with disabilities.

5.2. How can a public organization for disabled people help?

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• Rehabilitation of disabled people and disabled children from 14 years of age with severe limitations in movement and self-care (due to spinal, military, road trauma, etc.) is carried out at OJSC " Rehabilitation center for disabled people “Overcoming” (Moscow, 8 Marta St., 6A, building 1, tel.: (495) 612‑00‑43, (495) 612‑08‑13, fax/tel. (495 ) 612‑13‑52).
• Social rehabilitation and organization of leisure activities for disabled adults, disabled children and other persons with disabilities is carried out by the rehabilitation centers of the social protection system of the population of the city of Moscow.

All categories of disabled people have the right to free provision of any technical means of rehabilitation and prosthetic and orthopedic products. If you purchase these products yourself, you may receive monetary compensation.

Hotline for the protection of the rights of disabled people Moscow

Based on the provisions of these international documents, it is created legal framework, providing social guarantees and protection of the rights of people with disabilities. The rights of persons with disabilities are enshrined in constitutions and federal laws. In Russian legislation, the provisions of international documents are reflected in the following laws and regulations:

• Law on State and Social Assistance;
• On social protection of disabled people in the Russian Federation;
• Law on social services disabled people;
• Labor and Housing Codes;
• Veterans Law.

These federal laws stipulate psychological assistance to disabled people, medical care on preferential terms, provision of medicines and drugs.
The additional instructions adopted define the procedure for providing psychological and medical assistance.

Society of disabled children "Naitiye"

Attention

The main condition is the presence of an insurance period the same as for parents. Pensions for guardians may be granted provided that the period of guardianship is at least 1.5 years. A pension is assigned even if a disabled child has died, it is important that parents/guardians raise him until he is 8 years old.

Protection of the rights of disabled children Persons, regardless of their position, who are guilty of violating the rights and freedoms of disabled people are liable under Article 32 of the Federal Law of November 24, 1995 N 181-FZ. All disputes arising from the determination of disability, the implementation of individual rehabilitation programs for people with disabilities, the provision of specific measures of social protection and the violation of other rights and freedoms of people with disabilities are considered in court. You can download the Law on the Rights of Children with Disabilities here.

Moscow city programs

Federal Law No. 181-FZ dated November 24, 1995 stipulates that, at the expense of federal budget funds, families with disabled children are provided with living quarters if they need to improve their housing situation. Disabled children have the right to housing! The procedure for provision is regulated in more detail by each constituent entity of Russia individually. The procedure for providing apartments for persons registered after 01/01/2005. has two options:

1. Obtaining an apartment under a social tenancy agreement. It is necessary to contact the authorized body at your place of residence to apply for improvement of living conditions. If the child’s disability is associated with a severe chronic disease, according to the List approved by Decree of the Government of the Russian Federation of June 16, 2006 No. 378, then the apartment will be provided out of turn.
2. Obtaining an apartment under a free use agreement.