Federal law on social services to the population. Free and preferential social assistance

On January 1, 2015, Federal Law No. No. 442-FZ "On the basics of social services for citizens in the Russian Federation" (hereinafter - Federal Law No. 442-FZ)

According to Federal Law No. 442-FZ, social services are provided to recipients in the following forms:

Stationary social services;

Semi-residential social service

Social services at home.

To receive social services, a citizen or his legal representative must submit an application in writing or electronically.

The application can be submitted at the place of registration in:

Body of social protection of the population at the place of residence (registration);

Multifunctional Center;

Portal of state and municipal services.

The following documents are submitted along with the application:

1 Passport or other identity document;

2 Document confirming the place of residence in the Moscow region;

3 Documents confirming the income of a citizen and family members in cash;

4 Extract from the house book;

5 Extract from the financial personal account

6 Certificate of a medical organization on the state of health of a citizen;

7 Individual program for the rehabilitation of a disabled person (only for disabled people and children with disabilities).

Within 5 working days from the moment a citizen submits an application by the Commission for Recognizing Citizens in Need of social services one of the following decisions is made:

Recognize those in need of social services;

Refuse to recognize those in need of social services.

After a citizen is recognized as in need of social services, the social protection authority at the place of residence draws up and transfers to the citizen or his legal representative within no more than 10 working days from the date of application, an individual program for the provision of social services (IPPSS), which indicates the types of social services, and See also recommended social service providers.

An agreement on the provision of social services is concluded within a day from the moment the citizen or his legal representative applies to the provider of social services.

1. Minor children;

4. Women in crisis.

1. Minor children;

2. Persons affected by emergencies, armed ethnic conflicts;

3. Legal representatives of children with disabilities;

4. Citizens whose average per capita income is below or equal to the established value living wage per capita, established in the Moscow region.

1. Minor children;

2. Persons affected by emergencies, armed ethnic conflicts;

3. Lonely disabled people (single married couples), single elderly citizens (single married couples) from among: disabled veterans of the Second World War or participants in the Second World War, spouses of dead disabled people or participants in the Second World War, former minor prisoners of fascism, persons awarded the badge “Resident besieged Leningrad", persons awarded the medal "For the Defense of Moscow", Heroes Soviet Union, Heroes of the Russian Federation and full cavaliers of the Order of Glory, Heroes of Socialist Labor, Heroes of Labor of the Russian Federation and full cavaliers of the Order of Labor Glory, invalids of military operations;

4. Legal representatives of children with disabilities;

5. Citizens whose average per capita income is lower than or equal to the established subsistence level per capita established in the Moscow Region.

Stationary social service:

1. Veterans of the Great Patriotic War and persons equated to them - no more than 50% of the average per capita income of the recipient of social services;

Semi-residential social service:

4. 30% of the cost of the services provided - to citizens with an average per capita income of two and a half times to three times the subsistence minimum; 5. for recipients with an average per capita income of more than three times the subsistence minimum, payment is established in the amount of the full cost of the social services provided.

Social services at home:

1. 10% of the cost of the services provided - to citizens who are veterans of the Great Patriotic War, and persons equated to them;

2. 10% of the cost of the services provided - to citizens with an average per capita income of one and a half to two times the subsistence minimum;

3. 20% of the cost of the services provided - to citizens with an average per capita income of two to two and a half times the subsistence minimum;

4. 30% of the cost of the services provided - to citizens with an average per capita income of two and a half times to three times the subsistence minimum; for recipients with an average per capita income of more than three times the subsistence minimum, payment is established in the amount of the full cost of the social services provided.

Social services for the population as one of the components of social support for the population is a line of activity of social services in the field of social support, for the provision of social, social, medical, psychological and pedagogical, as well as other types of services, for social adaptation and rehabilitation of citizens in difficult life situation.

Financial support for the activities of social service organizations that are under the jurisdiction of federal executive authorities, state authorities of the constituent entities of the Russian Federation, is carried out at the expense of the relevant budget, as well as at the expense of recipients of social services when providing social services for a fee (partial fee).

The law provides for the implementation interagency cooperation in the provision of social services on the basis of regulations approved by the state authorities of the constituent entities of the Russian Federation.

The effective functioning of the social service system is ensured through control (supervision) in the field of social services, including public control.

1. The subject of regulation is, as a rule, relations arising from the achievement of goals in a particular field of activity, i.e. in essence, the subject of regulation is legal relations, united by certain features that allow them to be distinguished into a separate group. The commented person regulates the legal relations arising from the provision of social services.

The commented person acts as the main source of legal regulation of relations in the field of social services, it is he who establishes the foundations of state policy in the field of social services. The legislator will single out three components of such a policy: legal, organizational and economic.

The legal framework is a set of rules of law governing the main issues in the field of social services. The task of the commentator is to establish the main legal "brackets", to create a legal foundation for building a system of social services. Specification legal regulations assigned to subordinate regulatory legal acts and regulatory legal acts of the constituent entities of the Russian Federation.

1) establishes the basic concepts used for legal regulation and the principles on which such regulation and the entire system of social services as a whole are based;

Organizational Foundations social services is, first of all, the establishment of the procedure for the provision of social services. The commentator determines the circle of persons who can act as providers of social services, and also cites the criteria by which citizens can be classified as a "recipient of social services." The procedure for the provision of social services is established, incl. rules for applying for such services. It is through the establishment of the circle of persons who can be social service organizations, the determination of their legal status, the basis for monitoring the activities of such persons, as well as the requirements for the provision of social services, that the organizational role of the commented Law in the field of social services is carried out.

In accordance with the Constitution of the Russian Federation, issues of social services are under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. According to the Constitution of the Russian Federation, federal laws and laws and other normative legal acts of the constituent entities of the Russian Federation adopted in accordance with them are issued on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. Such a two-level system of legal regulation requires consistency, a clear delineation of powers between the subjects of the Russian Federation and federal center. The commented Law, which establishes a list of powers of federal government bodies, incl. a special authorized executive body (Ministry of Labor of Russia), and a list of powers of state authorities of the constituent entities of the Russian Federation. The list of powers is established on the basis of law enforcement practice, expediency, and in order to create an effective system of social services. The lists of designated powers are open and can be supplemented if necessary.

The organization of a social service system is impossible without establishing the legal status of the main participants in the system - providers and recipients of social services. Commented in the relevant chapters establishes the rights and obligations of the above persons. Among the features of the commented Law, one can single out the requirement for informational openness of a social service provider, which is obliged to provide information about its activities in the public domain. This duty of the provider corresponds with the right of the recipient of social services to have access to such information. Information openness of the social service provider is one of the guaranteeing elements of the organization of independent public control over the quality of social services.

Social services are governed by the basic legal norms of the current federal law. Additionally included are other regulations Russian Federation, as well as the laws of local subjects of the Russian Federation.

Recent changes made to the 442-Law "On Social Services"

The new legislation states that institutions that provide citizens with social services become service providers. However, now they do not check citizens who need service. Now it's in control authorized body consisting of a committee of experts.

Changes in the law also affect the method individual approach. For example, social support is a new element in the service system. It allows you to provide citizens with the necessary types of services in the following areas:

• medical;
• legal;
• Psychological;
• Pedagogical;
• Social assistance, if it is not related to service.

The grounds due to which citizens are recognized as in need of services are also determined. Below are the changes in the following articles of the law:

Article 7

It supplemented part 1 of the law. To determine the assessment of the quality of the services provided, special conditions are created in service delivery organizations.

Article 8

It describes paragraph 24.1 of the law. We are talking about an independent assessment after the services rendered by social security institutions.

Article 13 442-FZ

In this article, paragraph 2 has been supplemented in a new edition. It refers to the conduct of an independent assessment of the quality of services provided by employees in social sphere. The indicators are determined by the Federal executive body.

Part 4 of the law has also been supplemented. It states that, regardless of the body that provides services, it must provide on the World Wide Web the possibility of expressing an opinion in writing. People who have used the service can write a comment or review after the service has been successfully provided.

Article 15 FZ-442

The criteria of the law are described, on the basis of which a citizen is recognized as needing social security. To recognize it as such, it is required to analyze the circumstances that contribute to the deterioration of normal living conditions. He must also be declared incompetent. A citizen cannot:

• Impossible independent movement of people with disabilities (more about social protection of people with disabilities in);
• serviced;
• Provide yourself with the necessities of life.

Describes methods for compiling an individual program. An individual program is a document that specifies:

• Types of services;
• Periodicity;
• Volume;
• Conditions;
• Timing.

The document is created based on the needs of a citizen in social services. The list of needs is reviewed once every 36 months. But only on the basis of an already created individual program. No changes were made in the latest version of the law.

A list of services that are urgently provided is listed.

In accordance with the law, the range of services is as follows:

• The necessary set of products or the provision of free hot meals;
• Citizens are provided with shoes, clothes or other essentials;
• Assistance in obtaining housing;
• Other urgent services.

No changes were made to the article in the latest edition.

Article 31 442

Persons who can receive social services for free are listed. This list includes:

• Minor children;
• Persons who have suffered as a result of an emergency or military (international) conflicts.

To analyze the law, changes and additions, download it from the link above.

According to the Constitution, the Russian Federation is a socially oriented state. That is why all categories of citizens should be provided with high-quality social services, the procedure for providing which is regulated in 442-FZ. Some of the provisions of this regulatory act will be discussed in the article.

What is the law about?

Federal Law No. 442-FZ establishes a number of goals and objectives that are binding on the relevant entities. Here you should pay attention to:

• legal, economic, organizational and other foundations for serving citizens in the field of providing social benefits;
• a range of powers and responsibilities for both recipients and providers in the area under consideration;
• a number of rights of federal and subject instances of state power, etc.

What, according to 442-FZ, is a social service for Russian citizens? Article 3 refers to the activities of officials to provide a number of useful services to the population. It should be noted that social services must strictly comply with certain standards, that is, the requirements for the frequency, volume and quality of a particular service.

On the principles of social services

Such an important and extensive area as the provision of social services to the population must necessarily be based on a number of principles, ideas and conditions. The most important principle here is, of course, the protection of human and civil rights. Work in the area under consideration must be of a humane nature, and also not allow the humiliation of the personality and dignity of a person.

You should also pay attention to the following principles:

• voluntariness and confidentiality;
• targeting of the provision of services;
• equal access of all groups of the population to social services;
• territorial proximity of service providers to the places of residence of recipients, etc.

The functioning of the system under consideration will be impossible if at least one of the presented principles disappears.

About the service system

Article 5 No. 442-FZ "On the Fundamentals of Social Services" provides a description of the structure in the area under consideration, which includes a number of government agencies, organizations and non-profit enterprises.

The government as the main instance of executive power is the most important body in the field of social services. It is the government that is called upon to implement and develop public policy and legal regulation throughout the system. gives orders to regional authorities - administrations Russian subjects. In addition, the government controls various private organizations of commercial and non-commercial types. The system may also include ordinary citizens who are individual entrepreneurs- but only those that are engaged in social services.

On the responsibilities of the subjects of the system

According to chapters 3 and 4 of No. 442-FZ, both recipients and providers of services in the social sphere have a number of mandatory functions. To begin with, it is worth analyzing the obligations of the recipients enshrined in Article 10 of the normative act in question. Here's what's worth highlighting here:

• providing all necessary documentation to state authorities;
• timely notification of providers of changes in circumstances that necessitate the provision of services;
• compliance with the terms and conditions set forth in the contract with the supplier.

According to Article 12 of Federal Law No. 442-FZ, service providers have the following obligations:

• exercise of their professional functions in strict accordance with the law;
• implementation of social support;
• lawful use of recipient information;
• provision of urgent services, etc.

It is also worth noting that service providers should not restrict the rights or freedoms of people, use any type of violence, allow rough treatment, etc.

On the rights of the subjects of the system

What are social service providers entitled to? Here it is worth paying attention to Article 11 No. 442-FZ, which says the following:

• the ability to request all the necessary information from public authorities;
• the ability to be included in the register of suppliers - federal or regional type;
• the right to refuse the recipient of services or the applicant if the contract was incorrectly executed or all the necessary documentation was not provided.

Service recipients have the right to be treated humanely and respectful attitude, to freely choose a supplier, to receive information about their duties and powers in a free and accessible form, to participate in the preparation of programs of an individual nature, and much more.

About forms of social service

In what types and forms can the system of providing social services be expressed? In article 19 No. 442-FZ "On social services" we are talking on the provision of services at home, in stationary or semi-stationary forms.

Home service has no time frame, but other types of services should be strictly regulated by certain hours. It should also be noted that purchasers of social services in stationary or semi-stationary forms must be provided with:

• the possibility of escort when moving around the territory of the provision of services;
• the right to independent movement;
• the ability to receive duplication of texts by voice messages, and vice versa;
• the right to receive other types of assistance in accordance with the law.

Social services themselves can be of a social, medical, psychological, labor or other nature.

Explanatory note
to the draft bill amending the
Federal Law of December 28, 2013 N 442-FZ
« On the basics of social services for citizens
In Russian federation"

(Edition dated 20.10.2014)

Federal Law No. 442-FZ of December 28, 2013 “On the Fundamentals of Social Services for Citizens in the Russian Federation”, in accordance with its Article 37, comes into force on January 1, 2015.

As it is clear from the explanatory notes and comments to it, the provisions of the Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation” systematize and regulate the practice of organizing social services for the population that has actually developed in the constituent entities of the Russian Federation.

At the same time, Federal Law No. 442 introduces unconstitutional norms that infringe on the immunity privacy, inviolability of the home (Part 1, Article 23 of the Constitution of the Russian Federation, Parts 1, 2 of Article 137 of the Criminal Code of the Russian Federation), allowing arbitrary interference in family affairs (Article 1 of the Family Code of the Russian Federation), and, in addition, beyond the scope of the subject of legal regulation of this Law, stated in its articles 1-3.

1. Article 3 « Basic concepts used in this Federal Law”, the concept of prevention is given:

"6) prevention of circumstances that cause the need for social services - a system of measures aimed at identifying and eliminating the causes that served as the basis for the deterioration of the living conditions of citizens, reducing their ability to independently provide for their basic life needs."

Article 29 of the Federal Law No. 442 establishes that the prevention of circumstances that determine the need for a citizen in social services, including carried out by " surveysconditionslife-sustaining citizen, determining the causes,affecting the deterioration of these conditions".

The law does not specify that the relevant authorities should start preventive measures after a citizen applies for any assistance to the social service authorities. Consequently, the bodies of interdepartmental interaction, in accordance with the adopted law, will have the right to enter dwellings, conduct an “examination”, “identify the causes” even before the onset of circumstances giving the right to social services, which can be regarded in no other way than "collection, storage, use and dissemination of information about the private life of a person without his consent", and this is expressly prohibited by Part 1 of Article 24 of the Constitution of the Russian Federation.

The validity of this fear is confirmed by the statement of Nelly Strutinskaya, Commissioner for Children's Rights in the Komi Republic : “I believe that any family (not only social risk) should be under close attention relevant authorities in order to provide assistance to her in time ( http://www.kzsrk.ru/news/3901/).

Meanwhile, article 15 « Recognition of a citizen in need of social services "there is not a single specific circumstance that could be prevent by means of the measure specified in subparagraph 1, paragraph one of Article 29. It is impossible to prevent old age, disability, illness, loneliness, orphanhood, poverty, unemployment, lack of a certain place of residence, neglect, conflicts, by examining living conditions, cruel treatment, difficulty in social adaptation.

To prevent these circumstances specified in the law, which are the basis for the provision of social services to a citizen, a set of measures is needed in the field of economics, culture, education, medicine, safety and others. However, in the conclusion of the Government of the Russian Federation it is said that this law does not require additional funding, which means that funding "for prevention" under the new law is not included.

The danger of the proposed norm is obvious: under a plausible pretext, total control over citizens is introduced, with the aim of greater coverage of the population with social services, and, consequently, obtaining more funding for organizations providing these services. One can see not so much the state's concern for the recipients of social services as for the providers of social services.

The bill proposes to exclude subparagraph 1 of paragraph 1 of Article 29 from Federal Law No. 442.

2. Subparagraph 5 of paragraph one of Article 15 “Recognition of a citizen in need of social services” will also contribute to total control over the population, which, as a circumstance worsening or capable of worsening the living conditions of a citizen, entailing the need for social services, indicates

“5) the presence of an intra-family conflict, including with persons with drug or alcohol addiction, persons addicted to gambling, persons suffering mental disorders presence of domestic violence.

But " hthrough overcoming variousconflicts in family interaction, both spouses and children develop the ability to overcome life's difficulties, as well as the ability to take responsibility for their behavior in the family and in society. There are no conflict-free families, becauseconflicts inevitably arise in the dynamics of marital and parent-child relationships. Without them, the development of the individual and the family as a whole is impossible. family well-being does not depend on the absenceconflicts but from developing the ability to overcome them and cope with them in all family members. It should be concluded that there are conflicts with any family. Conflicts can both exacerbate crises and resolve them, but social services should not interfere in them, because. no measures of social workers can reduce the conflict in the family, and intervention from the outside can only increase it"(from the conclusion of an expert psychologist, Candidate of Psychological Sciences Kunitsa M.Yu.).

By themselves, “conflicts” in the family, even with antisocial persons, cannot be the object of attention of anyone other than the parties to the conflict. And drug addiction, alcohol addiction, gambling addiction, mental illness, cannot be eliminated by social service measures regulated in Federal Law 442, patients need treatment. In addition, medical diagnoses of diseases that citizens suffer from are a medical secret (Article 13 of the Law of November 21, 2011 No. 323-FZ “On the Basics of Protecting the Health of Citizens in the Russian Federation”), protected by laws, including Article 137 of the Criminal Code of the Russian Federation (violation of privacy), Article 10 of the Federal Law of July 27, 2006 No. 152-FZ "On Personal Data". Dissemination of information about diseases by family members without the consent of the patient in the absence of any threat to the life and health of others may also be punishable by law. At the same time, neither the patient himself nor his family members are deprived of the opportunity, if necessary, to seek medical help from the appropriate organizations.

The concept of violence is not deciphered in the article, which carries the risk of a broad interpretation of the law and violation of the rights of citizens. Meanwhile,

« in the psychological, pedagogical, forensic literature, there are several classifications of various types of violence.

Psychological violence in the family is any requirement or rule that is fulfilled without desire, as well as everything that leads to coercion and submission - the forced execution of the will of another person. In the family, in marital and parent-child relationships, situations inevitably arise that require the implementation of family and social norms, rules and agreements, which are often carried out without desire, forcedly or through concessions and compromises.

In every family, depending on cultural, spiritual traditions, family rules brought by spouses from parental relationships to their family, one of them takes on the role of the head of the family and establishes new rules by which he lives married couple, brought up
children. The upbringing of children is built on demands, concessions, compromises, rewards and punishments and is based on the formation of responsibility for all family members through overcoming marital and child-parent conflicts and subordination to family authorities (father and mother) "(from the same expert opinion) .

Thus, psychological violence should be excluded from the scope of Federal Law No. 442, as carrying a potential threat to interference in family relationships by the bodies of interdepartmental interaction.

Because the physical or sexual abuse in the family may be circumstances requiring social services, for example, in the form of asylum for mother and child, subparagraph 5 of paragraph one of Article 15 should be reworded, leaving them among the circumstances that worsen or may worsen the living conditions of a citizen.

3. As unnecessary and unjustified, contrary to the second paragraph of Article 3, infinitely expanding the scope of interference in the personal space of a citizen, subparagraph 8 of paragraph one of Article 15 is subject to exclusion, since not every deterioration in the living conditions of a citizen (for example, a decrease in wages, reduction of living space, etc.) is directly related to the inability to independently provide for their basic living needs and requires the provision of social services.

The implementation from January 1, 2015 of these norms, which allow intruding into a home and collecting information about private life without the consent and application of a citizen, or without a court decision, for “prevention purposes”, will entail a massive violation of the rights of citizens. Whereas Article 55 The Constitution of the Russian Federation provides.