Article 17 fz 181 in the latest edition. Legislative base of the Russian Federation

Disabled people in Russia belong to one of the socially unprotected categories of citizens who need state support. Depending on the severity of the state of health, 3 groups of disability are distinguished. The category of the disability group affects the various measures of state support provided. These measures are regulated federal law“On the social protection of disabled people in the Russian Federation”.

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

This law guarantees all citizens with disabilities equal rights with other citizens, as well as social support from the state. Based on this law, all state bodies are obliged to act and respect the legal rights of persons with disabilities.

The law on social protection implies providing disabled people with the necessary conditions for their life, as well as exercising their right to rehabilitation.

General provisions of the law of the Russian Federation

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

The main parameters for determining disability is the ability of a person to independently render himself necessary actions to ensure life.

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

Groups and types of disability

For children under the age of 18, the general category disabled child. The disability group is determined only after reaching the age of 18. This is due to the fact that in the process of child development it is quite difficult to determine the degree of independence based on the age of development of the baby.

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

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

These rights are enshrined in the fundamental law of the Russian Federation, the Constitution, as well as in the Federal Law "On the Social Protection of the Disabled". Also, on the basis of Article 3.1 of this law, no one has the right to discriminate against people on the basis of disability and infringe on them in the rights granted to them by law.

The competences of federal bodies and local self-government bodies are distributed in Articles 4 and 5 of the Federal Law “On the Social Protection of the Disabled”. Based on this distribution, all federal and local authorities are required to act.

All disabled people are listed in the Pension Fund in a certain register, where basic data about each of them is entered. This register takes into account personal data, as well as information about a person’s work activity and benefits received by him. Order of conduct this registry regulated by Article 5.1 of this Law.

Article 6 of the Federal Law "On the Social Protection of the Disabled" defines responsibility for causing harm to the health of any person, which led to disability. Guilty people bear criminal, material, administrative and civil liability for causing harm to health.

You can familiarize yourself with what benefits are due to children with disabilities.

Medical and social expertise

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

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

• rehabilitation course for the restoration of a person;
• analysis of the causes of disability and its nature in general among the population of Russia;
• development of common comprehensive measures for disabled people of each group;
• causes of death of persons with disabilities in situations where the family of the deceased is entitled to receive state support;
• the degree of disability of a disabled person;
• conclusion about the disability group.

These obligations are specified in Article 8 of this Law. The decision of this commission is not subject to challenge by other authorities and is mandatory for execution.

Rehabilitation and habilitation of the disabled

Habilitation is understood as the process of restoring the abilities that a person lacked for everyday and professional activities. This definition is specified in Article 8 of this Law.

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

In Russia, Article 33 of this legislative act allows public associations created to provide assistance to disabled people.

The state is obliged to assist them in the implementation of assistance to the disabled. This assistance is paid from the local budget of each subject.

In addition, the disabled themselves can create such associations. Their representatives should be involved in government decision-making concerning persons with disabilities. These associations may have real estate, cars and other property on their balance sheet.

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

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findings

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

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

In reality, this law does not work to its full potential, because local government agencies do not fully control the implementation of this law by all citizens and legal entities of Russia.

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

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

These citizens belong to the socially vulnerable segments of the population. Because of this vulnerability to society, they require special protection from the state. For this purpose, a Federal Law No. 181. But what is this regulation? What are the rights of people with handicapped according to Federal Law 181? What are the significant modifications of the law under consideration introduced to it during 2017? Which articles have been amended? Let's talk about it in the article.

What is a law?

Federal Law "On the Social Protection of Disabled Persons in the Russian Federation" N 181-FZ was adopted by the State Duma in the official third reading on July 20, 1995. The normative act under study was approved by 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 were carried out on November 25, 1905.

The federal law "On the Social Protection of the Disabled in the Russian Federation" consists of 6 chapters and 36 articles. The structure of the studied normative act is as follows:

• Chapter 1 - General and introductory provisions (art. 1-6);
• Chapter 2 - Principles of Medical and social expertise(vv. 7-8);
• Chapter 3 - Rehabilitation funds for citizens with disabilities (art. 9-12);
• Chapter 4 - Problems of ensuring the life of the disabled (Art. 13-32);
• Chapter 5 - Regulations of this Federal Law on the creation of public associations of people with disabilities (Art. 33-34);
• Chapter 6 - Final provisions of the Federal Law under consideration (35-36).

The law on the social protection of disabled people to ensure the legal equality of citizens of the Russian Federation, regardless of their state of health. Federal Law No. 181 contains provisions that provide people with disabilities with access to activities in the field of economics, politics and social relations. The provisions of the normative act under study ensure the right of persons with disabilities to medical care as well as rehabilitation activities.

Like other federal laws of the Russian Federation, Federal Law 181 regularly undergoes significant amendments. The text of the normative act under study was last updated on October 30, 2017.

The rights of disabled people under Federal Law 181

rights of the disabled, according to this law FZ 181, are as follows:

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

According to the regulations article 32 of the federal law being studied, a physical or entity who violated the rights of persons with disabilities is called for administrative or criminal liability, depending on the severity of the crime committed. All disputes regarding violations of the norms of Federal Law 181 are resolved in court.

What changes have been made?

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

Last changes in the Federal Law "On the Social Protection of the Disabled in the Russian Federation" N 181-FZ were introduced October 30, 2017. The amending document was the Federal Law “On Amendments to Certain legislative acts Russian Federation". The regulation of article 3 of Federal Law 181 amends article 17, paragraph 13 Federal Law No. 181. The text of the article in question in the new edition states that when providing housing to the disabled, benefits for the provision of thermal energy have been abolished.

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

• Art. eleven, last amended on December 1, 2012. This article 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 means is a direct responsibility of local governments. If such services are not provided to a disabled person, or he paid for the procedures or medicines at his own expense, he is paid appropriate compensation;
• Art. fifteen, latest revision - December 01, 2014. The text of the part of Federal Law No. 181 under study, as amended, states that citizens with disabilities should not be hindered in terms of access to social, engineering and transport infrastructures. For this purpose, auxiliary means (such as a ramp and a traffic light with additional sound accompaniment) should be installed;
• Art. 23, amended on 09 June 2001. According to the regulations of this article, for people with disabilities should be created special conditions work. Thus, the duration of working time 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, persons with disabilities are entitled to annual leave of at least 30 days. If the specifics of the position do not involve enhanced physical labor, disability is not a legitimate reason for refusing to hire an employee.
• Art. 28, as amended March 7, 2017. This article in the edition under study contains the standards of social services for people with disabilities. According to the amendments, the procedure for providing people with disabilities with technical aids is determined by the Government of the Russian Federation.

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

Download the current version of the law

Individuals interested in more detailed study of the act in question, it is recommended that you familiarize yourself with the text of the Federal Law on the Social Protection of the Disabled in the latest edition. Download FZ 181 with the changes valid for the period of November 2017, you can follow the following

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

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

To begin with, we note that Federal Law No. 419-FZ “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Ratification of the Convention on the Rights of Persons with Disabilities” was adopted on December 1, 2014, but entered into force on January 1, 2018. And that is not in full. Some of its articles will come into effect on July 1, 2017, and some on January 1, 2018. It amends almost all regulatory legal acts in terms of ensuring that persons with disabilities can use services in all spheres of life. First of all, amendments were made to the Federal Law No. 181-FZ “On the Social Protection of the Disabled in the Russian Federation”.

Article No. 15 of this law just speaks of the unimpeded access of disabled people to social, engineering and transport infrastructure facilities.

Pharmacies, laundries, hairdressers and any other organizations should ensure that disabled people can use their services.

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

Are these services free?

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

Who will take care of the handicapped?

And social workers and service workers. The law does not stipulate that each disabled person will be “assigned” an escort. This is a service that will be provided as part of social security disabled people.

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

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

What actions can disabled people expect from social protection in such a situation?

A social worker should be assigned. If we consider this situation with a pharmacy, the social worker will gain necessary medicines and take them home. But in the future, the mechanism that is provided for should work, that is, each pharmacy should provide the disabled with the opportunity to receive services from them.

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

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

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

Should there be ramps everywhere?

Ramps, lifts, widened openings, etc. As regards facilities already in operation, if they cannot be retrofitted, it must be agreed with the associations of the disabled that only partial or conditional accessibility can be achieved.

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

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

Changes in the procedure for granting housing benefits to persons with disabilities

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

181 of the law clearly states that disabled people living in state and municipal housing stock have a 50% housing allowance.

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

Some residents are outraged by this. I would like them to understand that these benefits are paid from federal funds. No savings to speak of!

Benefits for major repairs

By the way, many disabled people are at the same time labor veterans. They have the right to choose which category to provide for this benefit: to receive it as a disabled person or as a labor veteran. AT last case they will receive benefits on the same terms.

The new law also provides for a 50% discount on capital repairs for people over 75 years old.

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

50% discount on overhaul for disabled people of 1-2 groups and families with a disabled child. This benefit is effective January 1st.

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

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

The country adopted Federal Law No. 181 “On the Social Protection of the Rights of the Disabled”, according to which the reasons for granting this status to the subject are determined. It also regulates the degree of support.

The concept of "disabled"

According to Art. No. 1 of the Federal Law 181 "On the Social Protection of the Disabled", a person with a physical or psychological disorder functions of the body, in which there are restrictions on life. Such citizens are entitled to receive assistance and protection from the state.

Depending on the severity of the disease and age, a person is assigned a group that involves the amount of a pension and a set of additional services. If a person is under 18 years of age, then it refers to "children with disabilities".

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

Support from the state

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

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

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

Important! The federal law "On the Protection of the Rights of the Disabled" suppresses violations of rights and attempts to discriminate on the basis of inferior health. A person who refuses services to people with disabilities is subject to punishment at the level of the administrative and criminal codes.

MES

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

What functions does the MES perform:

• the establishment of a disability group and the amount of social protection for disabled adults and children;
• determination of follow-up measures designed to return the subject to a normal lifestyle or to maintain the health of the latter;
• collection of statistical data on the state of health of the population in Russia and the identification of measures to improve life;
• providing assistance to the family in which the disabled person lives.

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

New amendments to the law "On the Protection of Persons with Disabilities" are posted on the MES website. They are in the public domain for everyone. It indicates changes in the law and types of support.

Quality Control

Annually, independent audits of the quality of social protection services for disabled people in the Russian Federation are carried out. This allows us to stop violations of the rights of people with disabilities, as well as to constantly improve the quality of service.

The following criteria are evaluated:

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

An independent commission for assessing the quality of work of services providing assistance and funded by the state is formed from specialists from public organizations.

Rehabilitation and habilitation services

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

What are the measures of social protection of persons with disabilities focused on:

• provision of all necessary medical services aimed at restoring lost functions. This item includes the provision of prostheses, the organization of regular sanatorium spa treatment;
• support in orientation in society and the provision of assistance with admission to universities and employment or social activities;
• regular psychological, social assistance in adaptation;
• organization of sports events of an entertaining and therapeutic nature.

The legislation provides that all those in need, together with their families, should receive services without any difficulties and detailed information about your rights.

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

Sometimes the local federal disability support services do not have the opportunity to purchase equipment for rehabilitation, or it has already been purchased with money from the personal budget. Then the applicant will be paid a monetary compensation.

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

The list of programs for rehabilitation, habilitation is compiled by the commission of the MES. If certain services are denied to those in need, the federal support organization is released from its obligations.

Technical support

The state provides all items of a technical nature, focused on replenishing lost functions or their complete replacement.

Support devices include:

• means that allow self-service of primary needs;
• items for self-care and housing;
• means for orientation in space. These include guide dogs;
• subjects for self-development. Books using Braille and special stationery;
• mechanisms necessary for movement, such as prostheses, wheelchairs, in certain conditions, road transport.

Funds for the purchase of all devices are taken from the federal budget and provided free of charge to the needy for permanent free use. To the list of required technical means the list of indications that is set in the MES affects.

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

Ways of informing

Organs federal support are obliged, according to the law, to provide free of charge all the necessary information in an accessible form. In case of loss of vision, hearing or the ability to speak, contact and provide services should be based on the capabilities of the applicant. This means that information must be provided in Braille or through sign language. In state bodies, there must be an employee with the latest skills.

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

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

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

Access to public infrastructures

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

• easy access to any public buildings, recreation areas and places of treatment;
• the ability to use land, sea and air transport, carrying out urban and intercity transportation without restrictions;
• lack of obstacles for independent movement in public buildings;
• orientation of aids for use by people with disabilities, by translating them into Braille and sign language;
• the possibility of free movement of persons accompanied by guide dogs.

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

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

Service control

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

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

Provision of housing

In the event that a disabled person, or the family caring for him, needs to improve living conditions, the state is obliged to provide premises from federal funds.

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

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

The housing area is not transferred to ownership, but is used in accordance with the act of social hiring. A 50% discount is provided for utilities and rent of such apartments.

Education

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

Applicants receive:

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

In addition to education, according to Art. No. 20 FZ - 181, persons with disabilities are provided with assistance in finding employment.

Criminal liability

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

Conclusion

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

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

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

Changes and amendments

(As amended by the Federal Law of 04.01.99 N 5-FZ)

This Federal Law defines 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 exercising 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

Disabled person - a person who has a health disorder with a persistent disorder of body functions due to diseases, the consequences of injuries or defects, leading to limitation of life and necessitating his social security.

Limitation of life activity - complete or partial loss of the ability or ability of a person to carry out self-service, move independently, navigate, communicate, control their behavior, learn and engage in work activities.

Depending on the degree of impairment of body functions and limitation of life activity, persons recognized as disabled are assigned a disability group, and persons under the age of 16 are assigned the category "child with a disability".

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

Article 3

The legislation of the Russian Federation on the social protection of persons with disabilities consists of the relevant provisions of the Constitution of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.

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

Article 4

The jurisdiction of federal government bodies in the field of social protection of persons with disabilities includes:

1) determination of state policy in relation to persons with disabilities;

2) adoption of federal laws and other regulatory legal acts of the Russian Federation on the social protection of persons with disabilities (including those regulating the procedure and conditions for granting the unified federal minimum of social protection measures to persons with disabilities); control over the implementation of the legislation of the Russian Federation on the social protection of persons with disabilities;

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 - social expertise and rehabilitation of disabled people;

5) definition of criteria, establishment of conditions for recognition of a person as a disabled person;

6) establishment state standards for social services, technical means of rehabilitation, means of communication and informatics, the establishment of norms and rules that ensure the accessibility of the living environment for the disabled; determination of relevant certification requirements;

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

8) implementation of accreditation and licensing of enterprises, institutions and organizations that are in federal ownership, carrying 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, control over their implementation;

10) approval and funding of federal basic programs for the rehabilitation of disabled people;

11) creation of objects of the rehabilitation industry, which are in federal ownership, and their management;

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

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

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

15) establishment of job quotas for the disabled;

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

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

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

19) formation of indicators of the federal budget for the costs of social protection of the disabled.

Article 5

The jurisdiction of the state authorities of the constituent entities of the Russian Federation in the field of social protection of persons with disabilities includes:

1) implementation of the state policy in relation to persons 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, control over their implementation;

3) determining priorities in the implementation of social policy in relation to persons with disabilities in the territories of the constituent entities of the Russian Federation, taking into account the level of social economic development territory of the subject of the Russian Federation;

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

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

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

7) approval and financing of the list rehabilitation measures 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 federal basic programs for the rehabilitation of disabled people;

8) creation and management of objects in the field of social protection of disabled people, which are 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 the issues of social protection of persons with disabilities;

12) assistance in the work and provision of assistance to public associations of disabled people 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 field of social protection of the disabled, producing special industrial goods, technical equipment and devices for the disabled, providing services to the disabled, as well as public associations disabled people and enterprises, institutions, organizations, business partnerships and companies owned by them, the authorized capital of which consists of the contribution of a public association of disabled people;

14) the 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 the budgets of the constituent entities of the Russian Federation;

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

Federal bodies of state power and bodies of state power 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 persons with disabilities.

Article 6

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

Chapter II. Medical - social expertise

Article 7. The concept of medical and social expertise

Medico-social expertise - determination in accordance with the established procedure of the needs of the examined person for social protection measures, including rehabilitation, based on an assessment of disability caused by a persistent disorder of body functions.

Medical and social expertise is carried out on the basis of a comprehensive assessment of the state of the body based on an analysis of clinical, functional, social, domestic, 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 Expertise

1. Medical and social expertise is carried out by the State Service for Medical and Social Expertise, which is part of the system (structure) of the bodies of social protection of the population 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 compulsory health insurance citizens of the Russian Federation and are financed from the federal and territorial funds of compulsory medical insurance.

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

1) determination of the group of disability, its causes, timing, time of onset of disability, the needs of the disabled person in various types of social protection;
2) development individual programs rehabilitation of the disabled;
3) study of the level and causes of disability in the population;
4) participation in the development of comprehensive programs for the prevention of disability, medical social rehabilitation and social protection of the disabled;
5) determination of the degree of loss of professional capacity for work of persons who have received an industrial injury or occupational disease;
6) determination of 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 binding on the relevant state authorities, local governments, as well as organizations, regardless of organizational and legal forms and forms of ownership.

Chapter III. Rehabilitation of the disabled

Article 9. The concept of rehabilitation of disabled people

1. Rehabilitation of disabled people - a system of medical, psychological, pedagogical, socio-economic measures aimed at eliminating or, if possible, more fully compensating for limitations in life activity caused by a health disorder with a persistent disorder 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 the disabled includes:

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

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

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

Article 10

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

The Federal Basic Program for the Rehabilitation of the Disabled and the procedure for its implementation are approved by the Government of the Russian Federation.
Rehabilitation facilities and services are provided to persons with disabilities, usually in kind.

Article 11. Individual program for the rehabilitation of a disabled person

Individual rehabilitation program for a disabled person - developed on the basis of a decision of the State Service for Medical and Social Expertise, a set of rehabilitation measures that are optimal for a disabled person, including certain types, forms, volumes, terms and procedures for the implementation of medical, professional and other rehabilitation measures aimed at restoring, compensating for impaired or lost functions of the body, restoration, compensation for the ability of a disabled person to perform certain types activities.

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

An individual program for the rehabilitation of 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 paid for by the disabled person himself or other persons or organizations, regardless of organizational and legal forms and forms of ownership.

The volume of rehabilitation measures provided for by an individual program for the rehabilitation of 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 advisory in nature for a disabled person, he has the right to refuse one or another type, form and volume of rehabilitation measures, as well as from 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 the technical or other means or service provided for by the individual rehabilitation program cannot be provided to the disabled person, or if the disabled person has acquired the appropriate means or paid for the service at his own expense, he shall be paid compensation in the amount of the cost of the technical or other means, services that must be provided to the disabled person.

The 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 the 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 the Rehabilitation of the Disabled

The State Service for the Rehabilitation of the Disabled is a set of state authorities, regardless of departmental affiliation, local governments, institutions of various levels that carry out activities for medical, vocational 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 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 disabled people, organize the production of technical rehabilitation equipment, develop services for disabled people, promote the development of non-state rehabilitation institutions in if they have licenses for this type of activity, as well as funds various forms property and interact with them in the implementation of the rehabilitation of disabled people.

Financing of rehabilitation measures is carried out at the expense of the federal budget, funds of the budgets of the constituent entities of the Russian Federation, federal and territorial funds for compulsory medical insurance, 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 the legislation of the Russian Federation. Financing of rehabilitation measures, including the maintenance of rehabilitation institutions, is allowed on the basis of cooperation between budgetary and non-budgetary funds.

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

Chapter IV. Ensuring the life of the disabled

Article 13. Medical assistance to the disabled

Provision of qualified medical assistance to the disabled, including drug supply, carried out free of charge or on preferential terms in accordance with the legislation of the Russian Federation and the legislation of the subjects of the Russian Federation.

The procedure and conditions for the provision of qualified medical care to various categories of disabled persons 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 the federal and territorial funds of compulsory medical insurance.

Article 14

The state guarantees the disabled person the right to receive the necessary information. To this end, measures are being taken to strengthen the material and technical base of editorial offices, publishing houses and printing enterprises that produce special literature for the disabled, as well as editorial offices, programs, studios, enterprises, institutions and organizations that produce gramophone records, audio recordings and other sound products, film and videos and other video products for the disabled. Issue of periodical, scientific, educational - methodical, reference - informational and fiction for the disabled, including those published on tape cassettes and in 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.

The social protection authorities of the population provide assistance to the disabled in receiving services for sign language translation, the provision of sign language equipment, and the provision of tiflo means.

Article 15 social infrastructure

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

Planning and development of cities, 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 public vehicles, communications and information without adapting these objects for access disabled people are not allowed to access them and their use by disabled people is 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 the consent of the relevant executive authorities of the constituent entities of the Russian Federation and taking into account the opinion of public associations of the disabled is not allowed.

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

Enterprises, institutions and organizations providing transport services to the population provide equipment with special devices for vehicles, stations, airports and other facilities that allow disabled people to freely use their services.

Places for the construction of a garage or parking for technical and other vehicles 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 the storage of vehicles available for their personal use.

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

Article 16

Organizations, regardless of organizational and legal forms and forms of ownership, that do not comply with the measures for adaptation provided for by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation operating funds transport, communications, information and other objects of social infrastructure 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 amount established by the Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, bodies local self-government with the participation of public associations of the disabled. 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. Provision of disabled people with living space

Disabled persons and families with disabled children who need to improve their living 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, families with disabled children, taking into account the state of health and other circumstances worthy of attention.

Disabled persons 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. The specified right is taken into account when registering for the improvement of housing conditions and the provision of housing in the 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 payable in a single amount, taking into account the benefits provided.

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

Disabled people living in residential institutions social service and those who wish to receive housing under a lease or lease agreement are subject to registration for the improvement of living conditions, regardless of the size of the occupied area and are provided with housing 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, are subject to provision with living quarters out of turn, if the individual rehabilitation program for a disabled person provides for the possibility of self-service and leading an independent lifestyle.

The dwelling in the houses of the state, municipal and public housing stock, occupied by a disabled person under a contract of employment or lease, when the disabled person is placed in a stationary social service institution, is retained by him for six months.

Specially equipped living quarters in the houses of the state, municipal and public housing stock, occupied by disabled people under a contract of employment or lease, upon their release, are populated first of all by other disabled people who need to improve their living conditions.

Disabled people and families with children with disabilities are provided with a discount of at least 50 percent from the rent (in the houses of the state, municipal and public housing stock) and payment utilities(regardless of the ownership 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 population.

Persons with disabilities and families with persons with disabilities are entitled to priority land plots for individual housing construction, maintenance of subsidiary and summer cottages and gardening.

The procedure for granting 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 disabled people.

Article 18. Upbringing and education of disabled children

Educational institutions, bodies of social protection of the population, institutions of communication, information, physical culture and sports ensure the continuity of upbringing and education, social and domestic adaptation of children with disabilities.

Educational institutions, together with the social protection authorities of the population and health authorities, provide pre-school, out-of-school upbringing and education of children with disabilities, the receipt of secondary general education, secondary vocational and higher professional education by the disabled in accordance with the individual rehabilitation program for the disabled.

Children with disabilities preschool age the necessary rehabilitation measures are provided and conditions are created for staying in preschool institutions of a general type. For disabled children, whose health condition excludes the possibility of their stay in preschool institutions of a general type, special preschool institutions are created.

If it is not possible to educate and educate children with disabilities in general or special preschool and general educational institutions, educational authorities and educational institutions provide, with the consent of their parents, the education of children with disabilities in a complete general education or individual program at home.

The procedure for the upbringing and education of children with disabilities 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 the disabled the necessary conditions for education and training.

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

The state shall provide disabled persons with basic general, secondary (complete) general education, primary vocational, secondary vocational and higher vocational education in accordance with the individual program for the rehabilitation of a disabled person.

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

For disabled people who need special conditions to receive vocational education, special vocational educational institutions of various types and types are created or appropriate conditions are created in vocational educational institutions of a general type.

Professional 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 teaching disabled people.

The organization of the educational process in special vocational educational institutions for the disabled is regulated by regulatory legal acts, organizational - teaching materials relevant ministries and other federal executive bodies.

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

Article 20. Ensuring employment of disabled people

Persons with disabilities are provided with guarantees of employment by federal state authorities, state authorities of the constituent entities of the Russian Federation through the following special measures that contribute to increasing their competitiveness in the labor market:

1) implementation of a preferential financial and credit policy in relation to specialized enterprises employing the labor of disabled people, enterprises, institutions, organizations of public associations of disabled people;

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

3) reservation of jobs in professions most suitable for the employment of disabled people;

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

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

6) creating conditions for entrepreneurial activity disabled people;

7) organizing training for disabled people in new professions.

Article 21

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 set for hiring disabled people as a percentage of average headcount employees (but not less than three percent).

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

The executive authorities of the constituent entities of the Russian Federation have the right to establish a higher quota for the employment of disabled people.

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

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

By submission Federal Service employment in 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, to create jobs for the disabled in excess of the approved quota, as well as to public associations of the disabled to create specialized enterprises (workshops, sites) employing the work of disabled people.

Article 22

Special jobs for the employment of disabled people - jobs that require additional measures for the organization of labor, including the adaptation of the main and auxiliary equipment, technical and organizational equipment, additional equipment and provision of technical devices, taking into account the individual capabilities of disabled people.

The minimum number of special jobs for the employment of 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 the employment of disabled people are created at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation, the State Employment Fund of the Russian Federation, with the exception of jobs for disabled people who have received an industrial injury or occupational disease. Special jobs for the employment of disabled people who have received a disease or injury in the performance of military service duties or as a result of natural Disasters and ethnic conflicts are created at the expense of the federal budget.

Special jobs for the employment of disabled people who have received an industrial 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 of 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 an individual program for the rehabilitation of a disabled person.

It is not allowed to establish in collective or individual labor contracts the working conditions of disabled people (remuneration, working hours and rest time, the duration of annual and additional paid holidays, etc.), which worsen the situation of disabled people in comparison with other workers.

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

Involving 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 to them for health reasons.

Disabled persons are granted annual leave of at least 30 calendar days based on a six-day working week.

Article 24

1. Employers have the right to request and receive information necessary for the creation of special jobs for the employment of disabled people.

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

1) create or allocate jobs for the employment of persons with disabilities;
2) create working conditions for the disabled in accordance with the individual rehabilitation program for the disabled;
3) to provide, in accordance with the established procedure, the information necessary for the organization of 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 a 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. Fines are collected in an indisputable manner by the bodies of the State Tax Service of the Russian Federation. Paying the fine does not relieve them of the debt.

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

The unemployed is recognized as a disabled person who has a work recommendation, a conclusion on the recommended nature and working conditions, which is issued in accordance with the established procedure, 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 body of the Federal Employment Service of Russia, along with the documents established by the Law of the Russian Federation "On Employment in the Russian Federation", an individual program for the rehabilitation of a disabled person.

Article 26

State support (including the provision of tax and other benefits) to enterprises and organizations that produce industrial goods, technical means and devices for the disabled, provide employment for the disabled, provide medical care, educational services, provide sanatorium and resort treatment, consumer services and create conditions for classes physical education and sports, leisure organizations for the disabled, investing more than 30 percent of their profits in projects that ensure the life of the disabled, in scientific and experimental design development of technical means for the rehabilitation of the disabled, as well as prosthetic and orthopedic enterprises, medical and industrial (labor) workshops and auxiliary agriculture institutions of the bodies of social protection of the population, the state enterprise "National Fund for Assistance to the Disabled of the Russian Federation" is carried out in the manner and on the conditions provided for by the legislation of the Russian Federation.

Article 27

The material support of the disabled includes cash payments on various grounds (pensions, allowances, insurance payments in case of health risk insurance, payments to compensate for harm caused to health, and other payments), compensation in cases established by the legislation of the Russian Federation.

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

Article 28

Note: On the issue of social services for the elderly and the disabled, see Federal Law No. 122-FZ of 02.08.95.

Social and consumer services for disabled people are carried out in the manner and on the grounds determined by local governments with the participation of public associations of disabled people.

The executive authorities of the constituent entities of the Russian Federation and local governments create special social services for the disabled, including those for the delivery of food and industrial goods to the disabled, and approve a list of diseases of the disabled, 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 stationary institutions. The conditions for the stay of persons with disabilities in a stationary social service institution must ensure the possibility for persons with disabilities to exercise their rights and legitimate interests in accordance with this Federal Law and contribute to the satisfaction of their needs.

Disabled persons 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 telecommunication services, special telephone sets (including those for subscribers with hearing impairments), public call centers for collective use.

Disabled persons are given a 50% discount for the use of a telephone and a radio broadcasting point.

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

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

Article 29

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

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

Working invalids are provided with sanatorium and resort vouchers at the place of work on preferential terms at the expense of social insurance funds.

Persons with disabilities 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

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

Disabled people are provided with a 50% discount from 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 children with disabilities are granted the right to travel free of charge once a year to the place of treatment and back, unless more favorable 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 persons accompanying them are entitled to free travel to the place of treatment (examination) in buses of suburban and intercity intra-regional routes.

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

Technical support and repair of motor vehicles and other means of rehabilitation owned by disabled persons are carried out out of turn on preferential terms and in the manner established by the Government of the Russian Federation.

Disabled persons, parents of children with disabilities are compensated for the costs associated with the operation of special vehicles.\

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

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

Organizations, regardless of organizational - legal forms and forms of ownership, provide disabled people with benefits for paying for medicines, sanatorium - 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 - health institutions in accordance with the legislation of the Russian Federation.

This Federal Law preserves the benefits established for persons with disabilities by the legislation of the former USSR. The benefits provided for disabled people are maintained regardless of the type of pensions they receive.

In cases where other legal acts for disabled persons provide for norms that increase the level of social protection of disabled people in comparison with this Federal Law, the provisions of these legal acts shall apply. If a disabled person is entitled to the same benefit under this Federal Law and simultaneously 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 disabled people. Dispute resolution

Citizens and officials guilty of violating the rights and freedoms of persons with disabilities are liable in accordance with the legislation of the Russian Federation.

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

Chapter V. Public Associations of the Disabled

Article 33

Public associations created and operating in order to protect the rights and legitimate interests of disabled people, to provide them with equal opportunities with other citizens, are a form of social protection for disabled people. The state renders assistance and assistance to the said public associations, including material, technical and financial assistance. (as amended by Federal Law No. 5-FZ of 04.01.99) (see the text in the previous edition)

Public organizations of persons with disabilities are recognized as organizations created by persons with disabilities and persons representing their interests in order to protect the rights and legitimate interests of persons with disabilities, provide them with equal opportunities with other citizens, solve the problems of social integration of persons with disabilities, among whose members are persons with disabilities and their legal representatives (one of the parents , adoptive parents, guardian or trustee) make up at least 80 percent, as well as unions (associations) of these organizations. (Part two was introduced by Federal Law No. 5-FZ of 04.01.99)

Federal executive authorities, executive authorities of the constituent entities of the Russian Federation, organizations, regardless of organizational and legal forms and forms of ownership, involve 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.

Enterprises, institutions, organizations, business partnerships and companies, buildings, structures, equipment, transport, housing stock, intellectual property, cash, shares, shares and securities, as well as any other property and land plots may be owned by public associations of disabled people in accordance with the legislation of the Russian Federation.

Article 34. Benefits provided to public associations of the disabled

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

Decisions on granting benefits to public associations of the disabled in the payment of regional and local taxes, fees, duties and other payments are taken by the state authorities of the appropriate level.

Decisions on granting privileges for the payment of federal taxes, dues, duties and other payments to regional and local public associations of the disabled may be taken by state authorities of the appropriate level within the limits of the amounts credited in accordance with the legislation of the Russian Federation to their budgets.

The preparation and adoption of decisions on the provision of these benefits is carried out with the obligatory participation of public associations of the disabled.

Chapter VI. Final provisions

Article 35

This Federal Law shall enter into force on the day of its official publication, with the exception of articles for which other effective dates have been established.

Articles 21, 22, 23 (except for part one), 24 (except for paragraph 2 of part two) of this Federal Law shall enter 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 shall enter into force on January 1, 1996; Articles 28, 29, 30 of this Federal Law shall enter into force on January 1, 1997 in terms of expanding the benefits currently in effect.

Articles 14, 15, 16 of this Federal Law shall enter 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. Validity of laws and other normative legal acts

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

Until laws and other regulatory legal acts in force on the territory of the Russian Federation are brought into line with this Federal Law, laws and other regulatory legal acts shall apply to the extent that they do not contradict this Federal Law.

The president

Russian Federation