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New federal law on social services. Understanding the new law on social services

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 be subject to by-laws legal acts and normative 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.

The law clearly spells out the principles, conditions and procedure for the provision, as well as the composition and content of social services.

The grounds for recognizing citizens in need of social services. This is the presence of circumstances that worsen or may worsen the living conditions of a person. For example, partial or complete loss of the ability to self-service and / or movement; the presence in the family of a disabled person in need of constant outside care; intra-family conflicts; violence in family; homelessness of minors; lack of a fixed place of residence, work and livelihood.

The basis for the provision of social services may be a statement of both the citizen himself and his legal representative, other persons, bodies and public associations.

Particular emphasis is placed on the prevention of the need of citizens in social services. Social support is introduced. That is, citizens, if necessary, can be assisted in obtaining the necessary medical, psychological, pedagogical, legal, social assistance.

The principle of providing social services based on the individual need for social services is being consolidated. The latter can be provided in a hospital, semi-stationary conditions and at home. The development of an individual program for the provision of social services is envisaged.

In urgent cases, urgent social services can be provided (providing free food, clothing and basic necessities, assistance in obtaining temporary housing, legal and emergency psychological help and etc.).

According to the law, the payment for social services provided in semi-stationary conditions and at home is based on a targeted approach to their recipients and depends on the level of their average per capita income. The maximum amount of payment for social services is limited. At the same time, it is stipulated that the new conditions for the provision of social services should not worsen the situation of those who are currently entitled to receive them. In particular, this should not lead to an increase in fees for services for these persons.

Social services are provided free of charge to the following categories. In all forms - to minor children, as well as victims of emergencies and armed interethnic (interethnic) conflicts. Citizens whose average per capita income is below the established value can receive social services free of charge at home and in a semi-stationary form. The size of the maximum per capita income for the provision of social services free of charge will be determined by the regional authorities (but not less than 1.5 regional living wage).

The rights and obligations of providers and recipients of social services are spelled out, and a register of providers and a register of recipients is provided for.

Business will be involved in the provision of social services. Public control is introduced in the field of social services.

It does not work Edition from 15.11.1995

Document name	FEDERAL LAW dated December 10, 1995 N 195-FZ "ON THE BASIS OF SOCIAL SERVICES FOR THE POPULATION IN THE RUSSIAN FEDERATION"
Document type	law
Host body	President of the Russian Federation, where the Russian Federation
Document Number	195-FZ
Acceptance date	01.01.1970
Revision date	15.11.1995
Date of registration in the Ministry of Justice	01.01.1970
Status	It does not work
Publication	"Rossiyskaya Gazeta", N 243, 12/19/95 "Parliamentary newspaper", N 223, 24.11.99, "Collection of Legislation of the Russian Federation", 1995, N 50, Art. 4872
Navigator	Notes

FEDERAL LAW dated December 10, 1995 N 195-FZ "ON THE BASIS OF SOCIAL SERVICES FOR THE POPULATION IN THE RUSSIAN FEDERATION"

This Federal Law in accordance with the Constitution of the Russian Federation, generally recognized principles and norms international law establishes the foundations of legal regulation in the field of social services for the population in the Russian Federation.

Chapter I. General Provisions

Social services are the activities of social services for social support, the provision of social, social, medical, psychological, pedagogical, social and legal services and material assistance, social adaptation and rehabilitation of citizens in difficult situations.

The legislation of the Russian Federation on social services consists of 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.

The following basic concepts are used in this Federal Law:

1) social services - enterprises and institutions, regardless of their form of ownership, providing social services, as well as citizens engaged in entrepreneurial activities for social services to the population without forming a legal entity;

2) a client of a social service - a citizen who is in a difficult life situation, who, in connection with this, is provided with social services;

3) social services - actions to provide a client of a social service with assistance provided for by this Federal Law;

4) difficult life situation- a situation that objectively disrupts the life of a citizen (disability, inability to self-service due to advanced age, illness, orphanhood, neglect, low income, unemployment, lack of a fixed place of residence, conflicts and cruel treatment in the family, loneliness, etc.), which he cannot overcome on his own.

1. The state system of social services - a system consisting of both state enterprises and social service institutions that are federal property and are under the jurisdiction of federal state authorities, and from state enterprises and social service institutions that are the property of the constituent entities of the Russian Federation and are under the jurisdiction of state authorities of the constituent entities of the Russian Federation.

2. The municipal system of social services includes municipal enterprises and social service institutions under the jurisdiction of local self-government bodies.

3. Social services are also carried out by enterprises and institutions of other forms of ownership and citizens engaged in entrepreneurial activities for social services to the population without forming a legal entity.

4. The state supports and encourages the development of social services regardless of the form of ownership.

Social services are based on the principles:

1) targeting;

2) accessibility;

3) voluntariness;

4) humanity;

5) prioritization of the provision of social services to minors in difficult life situations;

6) confidentiality;

7) preventive orientation.

1. Social services must comply with state standards that establish the basic requirements for the volume and quality of social services, the procedure and conditions for their provision.

2. State standards of social services are approved by the Government of the Russian Federation.

3. The requirements established by the state standards of social services are mandatory for social services, regardless of the form of ownership throughout the Russian Federation.

Chapter II. Ensuring the right of citizens to social services

1. The state guarantees citizens the right to social services in the state system of social services for the main types defined by this Federal Law.

2. Social services are provided on the basis of an appeal from a citizen, his guardian, custodian, other legal representative, public authority, local government, public association.

3. Every citizen has the right to receive free information about the possibilities, types, procedure and conditions of social services in the state system of social services.

4. Foreign citizens and stateless persons enjoy the same right to social services in the Russian Federation as citizens of the Russian Federation, unless otherwise established by international treaties of the Russian Federation.

1. Financial assistance is provided to citizens in difficult life situations in the form of Money, food, sanitation and hygiene products, child care products, clothing, footwear and other essentials, fuel, as well as special vehicles, technical means for the rehabilitation of the disabled and persons in need of outside care.

2. The grounds for and procedure for the provision of material assistance are established by the executive authorities of the constituent entities of the Russian Federation.

1. Social services at home shall be carried out by providing social services to citizens in need of permanent or temporary non-stationary social services.

2. Single citizens and citizens who have partially lost the ability to self-service due to advanced age, illness, disability, are provided with home assistance in the form of social, social and medical services and other assistance.

Social services in stationary social service institutions are carried out by providing social services to citizens who have partially or completely lost the ability to self-service and need constant outside care, and ensures the creation of living conditions appropriate to their age and state of health, medical, psychological, social measures, nutrition and care, as well as the organization of feasible labor activity, recreation and leisure.

Temporary shelter in a specialized institution of social services is provided to orphans, children left without parental care, neglected minors, children in a difficult life situation, citizens without a fixed place of residence and certain occupations, citizens affected by physical or mental violence, natural disasters , as a result of armed and inter-ethnic conflicts, other social service clients in need of temporary shelter.

In social service institutions, during the daytime, social, social, medical and other services are provided to elderly and disabled citizens who have retained the ability to self-service and active movement, as well as to other persons, including minors, who are in a difficult life situation.

In social service institutions, clients of the social service are provided with consultations on issues of social and social and medical support for life, psychological and pedagogical assistance, and social and legal protection.

Social services provide assistance in the professional, social, psychological rehabilitation of disabled people, persons with disabilities, juvenile delinquents, other citizens who find themselves in a difficult life situation and need rehabilitation services.

1. Social services are provided by social services free of charge and for a fee.

2. Free social services in the state system of social services are carried out on the grounds provided for in Article 16 of this Federal Law. The procedure for providing free social services is determined by the Government of the Russian Federation.

3. Paid social services in the state system of social services are provided in the manner established by the Government Russian Federation.

4. The conditions and procedure for paying for social services in social services of other forms of ownership are established by them independently.

1. Free social services in the state system of social services in the volumes determined by the state standards of social services are provided:

1) citizens who are not capable of self-care due to advanced age, illness, disability, who do not have relatives who can provide them with assistance and care - if the average per capita income of these citizens is below the subsistence level established for the region in which they live;

2) citizens who are in a difficult life situation due to unemployment, natural disasters, catastrophes, victims of armed and interethnic conflicts;

3) minor children who are in a difficult life situation.

2. Additional grounds on which free social services are provided are established by the executive authorities of the constituent entities of the Russian Federation.

Chapter III. Social service organization

1. Social service institutions, regardless of the form of ownership, are:

1) complex centers of social services for the population;

2) territorial centers of social assistance to families and children;

3) social service centers;

4) social rehabilitation centers for minors;

5) centers for helping children left without parental care;

6) social shelters for children and adolescents;

7) centers of psychological and pedagogical assistance to the population;

8) centers of emergency psychological assistance by telephone;

9) centers (departments) of social assistance at home;

10) night stay houses;

11) special homes for single elderly;

12) stationary institutions of social service (homes - boarding schools for the elderly and the disabled, psycho-neurological boarding schools, orphanages - boarding schools for mentally retarded children, houses - boarding schools for children with physical disabilities);

13) gerontological centers;

14) other institutions providing social services.

2. Social service enterprises include enterprises providing social services to the population.

3. The procedure for the creation, operation, reorganization and liquidation of social service institutions and enterprises, regardless of the form of ownership, is regulated by the civil legislation of the Russian Federation.

The activities of social services (with the exception of state and municipal social service institutions), as well as citizens engaged in entrepreneurial activities for social services to the population without forming a legal entity, are carried out on the basis of a license issued by the executive authorities of the constituent entities of the Russian Federation, in the manner established by the Government of the Russian Federation .

1. Management of the state system of social services is carried out by federal executive authorities, executive authorities of the constituent entities of the Russian Federation in accordance with their powers.

2. Management of the municipal system of social services is carried out by local governments in accordance with their competence.

3. Management of social services of other forms of ownership is carried out in the manner determined by their charters or other constituent documents.

4. Coordination of activities and scientific methodological support social services are carried out in the manner determined by the Government of the Russian Federation.

Chapter IV. Powers of federal state authorities and state authorities of the constituent entities of the Russian Federation in the field of social services

The powers of federal government bodies include:

1) establishing the foundations of federal policy in the field of social services;

2) adoption of federal laws in the field of social services and control over their implementation;

3) development, financing and implementation of federal social service programs;

4) determination of the structure of federal governing bodies of the state system of social services and organization of their activities;

5) establishing the procedure for coordinating activities and methodological support of social services;

6) licensing activities for social services;

7) development and adoption of state standards of social services and state control and supervision over their observance;

8) establishment of a unified federal system of statistical accounting and reporting in the field of social services;

9) creation, management and provision of activities of social service institutions that are in federal ownership;

10) organization and coordination scientific research in the field of social services;

11) development of international cooperation in the field of social services.

State authorities of the constituent entities of the Russian Federation, outside the powers of the state authorities of the Russian Federation provided for by this Federal Law, exercise their own legal regulation of social services for the population.

Chapter V. Resource provision of social services

Social services, in accordance with the procedure established by the legislation of the Russian Federation, are provided with land plots and property necessary for the fulfillment of their statutory tasks.

1. Financing public institutions social services, which are federal property and are under the jurisdiction of federal government bodies, are provided at the expense of the federal budget. Financing of state institutions of social service, which are the property of the constituent entities of the Russian Federation and are under their jurisdiction, is carried out at the expense of the budgets of the constituent entities of the Russian Federation.

2. Financing of social services of other forms of ownership is carried out from sources provided for by their charters or other constituent documents.

3. Additional non-budgetary sources of financing are: funds received from target social funds; bank loans and funds from other creditors; income from entrepreneurial activities of social service institutions; income from valuable papers; funds received as payment for social services; charitable contributions and donations; other sources not prohibited by law.

4. Social service institutions, regardless of their form of ownership, enjoy preferential taxation in accordance with the procedure established by the legislation of the Russian Federation on taxation.

5. Banks, enterprises, organizations, institutions and individuals that send property, financial and intellectual values in the form of investments in social services and provide them with various services and other support, enjoy the benefits established by the legislation of the Russian Federation.

1. In accordance with the legislation of the Russian Federation, social service institutions have the right to conduct entrepreneurial activities only insofar as this serves to achieve the goals for which they were created.

2. Entrepreneurial activity social service institutions are subject to preferential taxation in accordance with the procedure established by the legislation of the Russian Federation.

1. The effectiveness of the activities of social services is ensured by specialists with professional education who meets the requirements and nature of the work performed, has experience in the field of social services and is prone to the provision of social services in their personal qualities.

2. Guarantees and benefits for employees state system social services are determined by the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation in accordance with their powers.

3. Medical workers of the state system of social services, directly involved in social and medical services, enjoy benefits in the manner and on the terms that are provided for by the legislation of the Russian Federation for medical workers of state healthcare institutions.

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Law on the Fundamentals of Social Services in the Russian Federation of December 28, 2013 N 442-FZ Adopted by the State Duma on December 23, 2013 and comes into force on January 1, 2015. This law is intended to replace the old laws of August 2, 1995 N 122-FZ "On social services for elderly and disabled citizens" and of December 10, 1995 N 195-FZ "On the basics of social services for the population in the Russian Federation", which, respectively, from 1 January 2015 will no longer be valid.

In accordance with the new law in the field of social services to the population, emphasis is placed on prevention and an individual approach.

The law spells out the principles, conditions and procedure for the provision, as well as the composition and content of social services. The grounds for recognizing citizens in need of social services are determined. This is the presence of circumstances that worsen or may worsen the living conditions of a person. For example, partial or complete loss of the ability to self-service and / or movement; the presence in the family of a disabled person in need of constant outside care; intra-family conflicts; violence in family; homelessness of minors; lack of a fixed place of residence, work and livelihood.

The law does not contain the concept of "difficult life situation", as it was previously established by the 1995 Law "On the Fundamentals of Social Services for the Population". Instead, the circumstances under which citizens are recognized as in need of social services are clearly established (Article 15 of the Law):

Complete or partial loss of the ability or ability to carry out self-care, to move independently, to provide for basic necessities of life due to illness, injury, age or disability;
The presence in the family of a disabled person or disabled people, including a disabled child or disabled children in need of constant outside care;
The presence of a child or children (including those under guardianship, guardianship) experiencing difficulties in social adaptation;
Inability to provide care (including temporary care) for a disabled person, a child, children, as well as the lack of care for them;
The presence of intra-family conflict, including with persons with drug or alcohol addiction, persons addicted to gambling, persons suffering mental disorders, the presence of domestic violence;
Lack of a fixed place of residence, including for a person who has not reached the age of twenty-three and has completed his stay in an organization for orphans and children left without parental care;
Lack of work and livelihood;
The presence of other circumstances that are recognized by the regulatory legal acts of the constituent entity of the Russian Federation as worsening or capable of worsening the living conditions of citizens.

The basis for the provision of social service may be a statement, the citizen himself, his legal representative, as well as other persons, for example, bodies and public associations.

Upon receipt of the application authorized body of the subject of the Russian Federation makes a decision on recognizing a citizen as in need of social services or on refusing social services within five working days from the date of filing the application. ABOUT decision the applicant must be informed in writing or electronic form. The decision to provide urgent social services is made immediately.

The decision to deny social services can only be appealed in court, since the law does not essentially provide for an administrative appeal procedure.

The law focuses on the prevention of the need of citizens in the social. service.

In accordance with Art. 9 citizens are guaranteed the right to free visits by legal representatives, lawyers, notaries, representatives of public and (or) other organizations, clergy, as well as relatives and other persons during the day and evening time. This is a significant difference from the law of August 2, 1995 N 122-FZ "On social services for the elderly and disabled", which did not stipulate evening time, which led to a strong limitation of the time of visits by the administrations of social institutions.

The principle of implementation of social services based on individual needs in the social. services. The latter can be provided, as before, in a hospital, semi-stationary conditions and at home.

The development of an individual program for the provision of social services is envisaged. services. This is one of the novelties of the law. An individual program is a document that indicates the form of social services, types, volume, frequency, conditions, terms for the provision of social services, a list of recommended social service providers, as well as social support measures (Article 16).

In accordance with Art. 16. before providing social. services, an Individual Program must be formed, which is a document that indicates:

form of social services, types, volume, frequency, conditions, terms for the provision of social services,
list of recommended social service providers,
social support activities.

An individual program is drawn up based on the need of a particular citizen for social services, and is reviewed depending on the change in this need, but at least once every three years. The revision of the individual program is carried out taking into account the results of the implemented individual program. An individual program for a citizen or his legal representative is advisory in nature, for a social service provider it is mandatory.

Just as in the old law, the maximum amount of payment for social services is limited. services. At the same time, it is fixed that the new conditions for the provision of social services should not worsen the situation of those who are currently entitled to receive them. In particular, this should not lead to an increase in fees for services for these persons.

The law provides that in the event of a change in the place of residence of the recipient of social services, the individual program drawn up at the previous place of residence remains valid, but in the scope of the list of social services established in the subject of the Russian Federation at the new place of residence. To a certain extent, this is an important norm, since it somehow regulates the situation in cases of a change of residence outside the subject - the region of the recipient of social services. help. Although it is difficult to call it sufficient because of the too large gap in living standards in different regions of the Russian Federation.

The concept of "social support" is introduced, which is understood as the provision of assistance to citizens, if necessary, in obtaining the necessary medical, psychological, pedagogical, legal, social assistance.

Social support is carried out by involving organizations providing such assistance on the basis of interagency cooperation in accordance with Article 28 of this Federal Law. Activities for social support are reflected in the individual program and, in the manner of interdepartmental interaction, are carried out on the basis of the regulations for interdepartmental interaction that determine the content and procedure for the actions of public authorities of a constituent entity of the Russian Federation.

Based on the provisions of the above article, we can conclude that the system of social support in the law does not have a clear regulation. Already at this stage, among social workers, there are opinions that this greatly narrows the concept of social support up to the simple issuance of a referral or information where the provision of social assistance necessary to the recipient of services is carried out.

When providing social services, it is now necessary to conclude an appropriate agreement on the provision of social services, concluded between the social service provider and the citizen or his legal representative within 24 hours from the date of submission of the individual program to the social service provider. (Article 17)

The essential terms of the contract for the provision of social services are the provisions determined by the individual program, as well as the cost of social services if they are provided for a fee or partial payment.

Without drawing up a contract, only urgent social services can be provided.

Urgent social services include:

Providing free hot meals or food packages;
Provision of clothing, footwear and other essentials;
Assistance in obtaining temporary accommodation;
Assistance in obtaining legal assistance in order to protect the rights and legitimate interests of recipients of social services;
Assistance in obtaining emergency psychological assistance with the involvement of psychologists and clergy in this work;
Other urgent social services.

And in Art. 19 defines the main conditions that must be met when providing social services in a semi-stationary form or in a stationary form, the following must be provided:

The possibility of accompanying the recipient of social services when moving around the territory of a social service organization, as well as when using the services provided by such an organization;
The possibility for independent movement around the territory of a social service organization, entry, exit and movement within such an organization (including for movement in wheelchairs), for rest in a sitting position, as well as accessible placement of equipment and information media;
Duplication of text messages with voice messages, equipping a social service organization with signs made in Braille, familiarizing them with inscriptions, signs and other textual and graphic information on the territory of such an organization, as well as the admission of a typhlosound interpreter, the admission of guide dogs;
Duplication of voice information with textual information, inscriptions and (or) light signals, informing about social services provided using Russian sign language (sign language translation), admission of a sign language interpreter;
Provision of other types of assistance.

It is very important that such requirements be specified in the law. However, it is unlikely that they will be fully implemented by the system of social service institutions in the coming years, given the state of hundreds of such institutions in regions where the authorities are not even able to bring them into a state that meets the elementary requirements for safe operation. It is thought that in this case a transitional period is needed, otherwise the law will not be implemented due to the need for colossal material investments. In their absence, the law will be dead

To provide social services will be attracted by non-governmental organizations. Both commercial and non-commercial. Introduced public control in the field of social. service. Any social service provider can be entity regardless of its organizational and legal form and (or) an individual entrepreneur providing social services.

IN government organizations social services, according to the new law, boards of trustees should be created. The structure, formation procedure, term of office, competence of the board of trustees and the procedure for making decisions by it are determined by the charter and on the basis of exemplary position on the board of trustees of a social service organization.

The composition of information on the results of an independent assessment of the quality of services provided by social service organizations and the procedure for its placement on the official website for posting information on state and municipal institutions on the Internet are determined by the federal executive body authorized by the Government of the Russian Federation.

Information about the result of the inspection is posted by local governments on their official websites and the official website for posting information about state and municipal institutions on the Internet.

Article 30. Establishes that the provider or providers of social services are paid compensation in the amount and in the manner determined by the regulatory legal acts of the constituent entity of the Russian Federation, if a citizen receives social services provided for by an individual program. Compensation is paid only to social service providers who are included in the register of social service providers of a subject of the Russian Federation, but do not participate in the implementation of the state order.

Article 34 introduces public control in the field of social services, which is carried out by citizens, public and other organizations in accordance with the legislation of the Russian Federation on the protection of consumer rights. State authorities of the constituent entities of the Russian Federation, within the established competence, assist citizens, public and other organizations in exercising public control in the field of social services.

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 service providers in 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.