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Federal law on the basics of social services for the population. On the basics of social services for the population in the Russian Federation

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"

Real the 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 service is the activity of social services for social support, the provision of social, social, medical, psychological and pedagogical, social and legal services and material assistance, social adaptation and rehabilitation of citizens in difficult life situation.

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 the form of ownership, providing social services, as well as citizens engaged in entrepreneurial activities for social services to the population without education 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 old 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.

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 old 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 lower than living wage 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 social assistance family 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 teenagers;

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

8) emergency centers psychological help by phone;

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 and methodological support of 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 of state institutions of social services, which are federal property and are under the jurisdiction of federal government bodies, is carried out 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 targeted 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.

The Zakonbase website presents the FEDERAL LAW of December 10, 1995 N 195-FZ "ON THE BASIS OF SOCIAL SERVICES FOR THE POPULATION IN THE RUSSIAN FEDERATION" in the most recent edition. It is easy to comply with all legal requirements if you familiarize yourself with the relevant sections, chapters and articles of this document for 2014. To search for the necessary legislative acts on a topic of interest, you should use convenient navigation or advanced search.

On the website "Zakonbase" you will find the FEDERAL LAW of December 10, 1995 N 195-FZ "ON THE BASIS OF SOCIAL SERVICES FOR THE POPULATION IN THE RUSSIAN FEDERATION" in fresh and full version in which all changes and amendments have been made. This guarantees the relevance and reliability of the information.

At the same time, you can download the FEDERAL LAW dated 10.12.95 N 195-FZ "ON THE FOUNDATIONS OF SOCIAL SERVICES FOR THE POPULATION IN THE RUSSIAN FEDERATION" completely free of charge, both in full and in separate chapters.

In the coming year, social services for the population are waiting for serious changes. On January 1, the Federal Law of December 28, 2013 No. 442-FZ “On the Fundamentals of Social Services for Citizens in the Russian Federation” came into force, which introduces significant changes to the system and procedure for providing social services. Some aspects of the new law are commented today by the Minister of Social, Demographic and Family Policy of the Samara Region Marina Yurievna Antimonova:

- First, about the most important thing: in accordance with the Federal Law, the list of social service providers is expanding. Along with government agencies social services to the population will be provided by non-state providers - commercial and non-profit organizations, individual entrepreneurs.

Institutions of social services to the population, according to the new legislation, become providers of social services and lose their powers to recognize citizens as in need of social services. Now to recognize citizens in need of social services will be authorized body(commission for the recognition of citizens in need of social services).

In the field of social services for the population, emphasis is placed on prevention and individual approach. A new element in the system of social services is "social support", the essence of which is to assist citizens through interagency cooperation in receipt different kind services: legal, medical, psychological, pedagogical, as well as social assistance not related to 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.

According to the law, payment for the provision of 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. Now citizens whose average per capita income does not exceed one and a half of the subsistence minimum will receive social services free of charge. The law also establishes the maximum amount of payment for social services.

It is planned to create information resources in the field of social services - a register of social service providers and a register of recipients of social services.

1 question: Who is entitled to social services under the new law?

Answer: Citizens recognized as in need of social services from among the citizens of the Russian Federation, foreign citizens and stateless persons permanently residing in the territory of the Russian Federation, refugees have the right to social services. These are the elderly, the disabled, children with disabilities, including children with disabilities, children and families in difficult situations, citizens without a fixed place of residence.

2. Question: Who will provide social services after Federal Law No. 442-FZ comes into force?

Answer: In addition to the public sector, non-governmental organizations (commercial or non-commercial organizations), as well as individual entrepreneurs providing social services included in the register of social service providers, will be involved in the field of social services.

3. Question: who maintains the register of social service providers?

Answer: The register of suppliers is formed and maintained by the Ministry of Social, Demographic and Family Policy of the Samara Region.

4. Question: Where can I go to get social services?

Answer: You can apply to consider the issue of providing social services to the commission for recognizing citizens in need of social services, which will be created in each municipality, to the Ministry of Social, Demographic and Family Policy of the Samara Region, as well as directly to the provider of social services.

5. Q: where can a citizen find information about organizations providing social services?

Answer: Information about social service providers (location, contact information, information about forms of social services, types of social services provided, as well as the amount of fees, etc.) will be located on the official website of the Ministry of Social, Demographic and Family Policy of the Samara Region, websites and information stands of social service providers.

6. Q: Who can apply for social services?

Answer: For the provision of social services, a citizen or his legal representative may apply himself or, at his request, other citizens, state bodies, local governments, public associations.

7. Question: in what case can the provision of social services be denied?

Answer: A decision to refuse social services is possible if a citizen (or recipient of social services) has medical contraindications confirmed by the relevant conclusion of the medical organization.

8. Question: in what case is a citizen recognized as needing social services?

Answer: A citizen is recognized as needing social services if he has circumstances that worsen or may worsen his living conditions. Such circumstances, for example, include: complete or partial loss of the ability to carry out self-service; the presence in the family of a disabled person and disabled people (including a disabled child) in need of constant outside care; the presence of a child or children experiencing difficulties in social adaptation; the presence of intra-family conflict, as well as domestic violence; lack of a fixed place of residence; lack of work and livelihood.

9. Question: Who is entitled to free social services?

Answer: In accordance with federal law, the following categories of citizens are entitled to free social services: minor children, persons affected by emergencies, armed interethnic (interethnic) conflicts, as well as persons who, as of the date of application, have an average per capita income lower than or equal to the amount of the established limit value. In the Samara region, this amount is one and a half times the subsistence minimum. For example: today the subsistence minimum for pensioners is 6082 rubles, respectively, one and a half value will be 9123 rubles (6082 × 1.5), thus, elderly citizens and disabled people of the Samara region, whose average per capita income will be equal to or lower than 9123 rubles, will receive social services at home and in a semi-stationary form free of charge. The region also provides for additional categories of citizens, which include: persons recognized as disabled for the first time, within the limits of the recommendations of an individual program for the rehabilitation of a disabled person in organizations providing rehabilitation services; persons without a fixed place of residence and employment in semi-stationary and stationary forms of social services; women with children, pregnant women and adult citizens from among orphans, children left without parental care, who find themselves in a difficult life situation, in social hotels or departments providing social services in stationary conditions.

10. Question: Will there be changes in payment for the provision of social services?

Answer: Since January 1, 2015, the limits of the monthly fee for the provision of social services have been approved. For the provision of services at home and semi-residential form, the fee will be no more than 50% of the difference between the average per capita income of the recipient and the maximum per capita income for the provision of social services free of charge (one and a half subsistence minimums). In the stationary form, the payment limit is no more than 75% of the average per capita income of the recipient of social services.

For example, the average per capita income of a recipient of social services at home as of January 1, 2015 is 10,123 rubles, the current subsistence level is 6,082 rubles, and the maximum per capita income of a recipient will be 9,123 rubles. (6082×1.5). 10123-9123= 1000 rub. difference. 50% difference - 500 rubles. This means that a recipient of social services can receive services in excess of 500 rubles, but will pay only 500 rubles.

October 25, 2010, speaking at a meeting of the Presidium of the State Council on social policy for senior citizens, Dmitry Medvedev, then President, took the initiative to prepare a new law on social services. "One of the tasks of today's State Council Presidium is to summarize and disseminate what is called the best regional practices. Moreover, it [the new law. - Red.] can concern not only the elderly, but the entire population of our country," the politician said at the time.

And such a law was adopted, and already on January 1, 2015 it entered into force (Federal Law of December 28, 2013 No. 442-FZ "" (hereinafter referred to as the new law). At the same time, most of the acts that previously regulated social services for citizens In particular, the Federal Law of December 10, 1995 No. 195-FZ "" (hereinafter referred to as the old law) and Federal Law of August 2, 1995 No. 122-FZ "" ceased to have effect.

Consider what changes citizens need to keep in mind in connection with the entry into force of the new law.

Introduced the concept of "recipient of social services"

Since January 1, the term "social service client" () has disappeared from the legislation, instead of which the concept of "social service recipient" () has been introduced. A citizen may be recognized as a recipient of social services if he is in need of social services and he is provided with a social service.

A citizen is recognized as needing social services if at least one of the following circumstances exists:

complete or partial loss of the ability to self-service, independent movement, provision of basic life needs due to illness, injury, age or disability;
the presence in the family of a disabled person or disabled people in need of constant outside care;
the presence of a child or children experiencing difficulties in social adaptation;
the impossibility of providing care for a disabled person, a child, children, as well as the lack of care for them;
domestic violence or intra-family conflict, including with persons with drug or alcohol addiction who are addicted to gambling, persons or sufferers mental disorders;
lack of a fixed place of residence;
lack of work and livelihood;
the presence of other circumstances that are recognized at the regional level as worsening or capable of worsening the living conditions of citizens ().

Now information about recipients of social services is entered into a special register. The subjects of the federation are engaged in its formation on the basis of data provided by social service providers ().

Until January 1, 2015, social services were provided to citizens in difficult life situations - the new law does not contain such a term, which makes the list of grounds for receiving assistance more unambiguous. The old law understood a difficult life situation as a situation that objectively disrupts the life of a citizen, which he cannot overcome on his own. Usually this meant disability, inability to self-service due to old age, illness, orphanhood, neglect, low income, unemployment, lack of a fixed place of residence, conflicts and abuse in the family, loneliness, etc. ().

OPINION

"In order for the new law to work, each region must adopt 27 normative documents. We have monitored the readiness of the regions to adopt a new law. By mid-December 2014, only 20 regions had adopted all the necessary regulatory framework, 20 regions had adopted less than half, and the rest about half. Every day we try to do everything possible to speed up the adoption of the necessary documents by the regions."

Social service provider identified

The list of types of social services has been expanded

The new law changed the approach to the content of the list of social services provided. Until December 31, 2014, citizens could receive material and advisory assistance, temporary shelter, social services at home and in stationary institutions, and also had the right to a day stay in social service institutions and rehabilitation services ().

After the entry into force of the new law, citizens can count on the provision of the following types of social services:

social and household;
socio-medical;
socio-psychological;
socio-pedagogical;
social and labor;
socio-legal;
services to increase the communicative potential of recipients of social services with disabilities;
urgent social services ().

Urgent social services include the provision of free hot meals or food packages, clothing, shoes and other essentials, assistance in obtaining temporary housing, the provision of legal and emergency psychological assistance, as well as other urgent social services (). A citizen can count on receiving such services within the time frame determined by his need. At the same time, from January 1 of this year, citizens have lost the opportunity to receive financial assistance in the form of cash, fuel, special vehicles, as well as rehabilitation services that they could have received earlier ().

The procedure for calculating fees for receiving social services has been established

As before, social services can be provided free of charge or for a fee ().

minors;
persons affected as a result of emergency situations, armed interethnic (interethnic) conflicts;
persons with an income equal to or lower than the average per capita income established by the region for the provision of social services free of charge (when receiving social services at home and in a semi-stationary form). At the same time, the amount of such income cannot be lower than one and a half times the regional subsistence minimum.

In addition, other categories of citizens to whom social services are provided free of charge () may be provided for in the subjects of the federation.

As you can see, unemployed citizens are excluded from the number of persons entitled to free social services (if such a category of citizens is not provided for by the law of the subject of the federation).

Previously, in order to receive free social services for single citizens, the sick, pensioners and the disabled, they needed to have an average per capita income below the regional subsistence level ().

Consider an example. The subsistence minimum in the Moscow region for the III quarter of 2014 for pensioners was 6804 rubles. (Decree of the Government of the Moscow Region dated December 10, 2014 No. 1060/48 ""). This means that before January 1, for example, a single pensioner from the Moscow Region with an income of less than 6804 rubles could apply for a free social service. per month. After the entry into force of the new law, the amount of income that allows you to get the right to free social services cannot be lower than one and a half times the regional subsistence minimum. Now, in order to receive a free social service, other things being equal, the monthly income of a single pensioner must be 10,206 rubles. or less (1.5 x 6804 rubles) (Law of the Moscow Region of December 4, 2014 No. 162/2014-OZ "").

For those who are not entitled to receive free social services, a fee is set for their provision. Its amount for home and semi-stationary care is now calculated on the basis of tariffs for social services, but cannot exceed 50% of the difference between the average per capita income of a social service recipient and the maximum per capita income set by the region. The amount of the monthly fee for the provision of social services in the stationary form is calculated on the basis of tariffs for social services, but cannot exceed 75% of the average per capita income of the recipient of social services ().

EXAMPLE

According to the new law, we will calculate the maximum tariff for social services in a semi-stationary form for a single pensioner from the Moscow Region with a monthly income of 12 thousand rubles. Payment for social services at home and in a semi-residential form is calculated on the basis of tariffs for social services, but cannot exceed 50% of the difference between the average per capita income of the recipient of the social service and the maximum per capita income. The average per capita income of a pensioner is 12 thousand rubles. (only the size of his pension is taken into account, since there are no other family members with income), the maximum per capita income for a single pensioner from the Moscow region is 10,206 rubles.

Therefore, the maximum tariff for a social service should be calculated according to the following formula:

(12,000 RUB - 10,206 RUB) x 50% = 897 RUB

Thus, from January 1, 2015, the tariff for social services provided to a pensioner at home and in a semi-stationary form cannot exceed 897 rubles. This value will change if the pensioner needs inpatient treatment. The amount of the monthly fee for the provision of social services in a stationary form is calculated on the basis of tariffs for social services, but cannot exceed 75% of the average per capita income of a recipient of social services.

The formula for calculating the rate will be as follows:

12 000 rub. x 75% = 9000 rub.

Thus, the tariff for treatment in a hospital cannot be more than 9,000 rubles. per month.

Previously, the amount of payment for social services and the procedure for their provision was regulated by state authorities of the subjects of the federation and directly by social services ().

Changed the procedure for receiving social services

From the beginning of the current year, in order to receive social services, a citizen must submit an application. Previously, social services were carried out on the basis of an appeal - including oral - of a citizen, his guardian, trustee, other legal representative, public authority, local government, public association (). An application for social services can be written by the citizen himself, his representative or another person (body) in his interests (). You can also apply by sending electronic document which was not provided for in the previous law.

An individual program for the provision of social services is drawn up with each recipient of social services. It 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 activities. This program is mandatory for the provider of social services and advisory for the citizen himself. In other words, the recipient of assistance may refuse some service, but the provider is obliged to provide it at the request of the recipient.

A program is drawn up within a period of no more than 10 working days from the date of filing an application for the provision of social services, and is reviewed at least once every three years (). Urgent social services are provided without drawing up an individual program (). Previously, such programs were not provided.

After drawing up an individual program and choosing a social service provider, a citizen must conclude an agreement with the provider on the provision of social services (). The contract must necessarily fix the provisions determined by the individual program, as well as the cost of social services if they are provided for a fee.

OPINION

Galina Karelova, Deputy Chairman of the Federation Council:

"The new law will increase the number of citizens who can apply for free social services. In addition, the quality, volume and efficiency of their provision will change. Previously, social services were provided on the basis of a group approach. However, all citizens have different needs, income, housing conditions. From January 1, 2015, social programs are concluded with consumers of social services, which take into account all the individual characteristics of each consumer.

Social service organization defined

Interestingly, the new law spells out obvious things at first glance: social service providers do not have the right to restrict the rights of social service recipients; use insults, rude treatment; place children with disabilities who do not suffer from mental disorders in stationary organizations intended for children with disabilities who suffer from mental disorders, and vice versa ().

However, it was still worth emphasizing such prohibitions. For example, numerous cases of placement in Russia of healthy children in organizations for children with disabilities suffering from mental disorders were noted in a report by the international human rights organization Human Rights Watch in 2014.

Fundamentally new is the approach to financing social services. According to the old law, social services were provided to citizens at the expense of the budgets of the subjects of the federation (). In this regard, depending on the region, the volume of social assistance provided varied greatly. From January 1, 2015, social services are financed from the federal budget, charitable contributions and donations, citizens' own funds (when providing social services for a fee), income from entrepreneurial and other income-generating activities carried out by social service organizations, as well as other not prohibited by law sources(). It is assumed that this innovation will help to equalize the volume of social services provided in different regions.

But there is also a "fly in the ointment" in the new rules. Thus, the new law does not establish any requirements for the staffing of social services. Recall that earlier social service workers could only be specialists with a professional education that meets the requirements and nature of the work performed, experience in the field of social services, and inclined in their personal qualities to provide social services ().

2. Social services in the form of social services at home and in the semi-stationary form of social services are provided free of charge if, on the date of application, the average per capita income of the recipient of social services, calculated in accordance with the regulatory legal acts of the Russian Federation, below the limit value or equal to the limit value of the average per capita income for the provision of social services free of charge, established by the law of the subject of the Russian Federation.

3. Regulatory legal acts of the subjects of the Russian Federation may provide for other categories of citizens to whom social services are provided free of charge.

4. The procedure for determining the average per capita income for the provision of social services free of charge for the purposes of this Federal Law is established by the Government of the Russian Federation.

5. The size of the maximum per capita income for the provision of social services is established free of charge by the laws of the constituent entity of the Russian Federation and cannot be lower than one and a half of the subsistence minimum established in the constituent entity of the Russian Federation for the main socio-demographic groups of the population.

Judicial practice under article 31 of the Federal Law of December 28, 2013 No. 442-FZ

Decision No. 2-1175/2018 dated September 21, 2018 in case No. 2-870/2017~M-887/2017

It is calculated on the basis of tariffs for social services, but cannot exceed 75 percent of the average per capita income of a recipient of social services, calculated in accordance with Part 4 of Article 31 of this federal law. Norms similar to the provisions of part 4 of article 32 of the Federal Law of December 28, 2013 No. 442-FZ are contained in part 4 of article 7 of the Law of the Krasnodar ...

Decision No. 2-2231/2018 2-2231/2018~M-1992/2018 M-1992/2018 of July 18, 2018 in case No. 2-2231/2018

Its provision in accordance with this Federal Law cannot be higher than the amount of payment for the provision of relevant social services to these persons established as of December 31, 2014, and the conditions for the provision of relevant social services cannot be worsened in comparison with the conditions established as of December 31, 2014. December 31, 2014. Article 19 ...

Decision No. 2-1568/2018 2-1568/2018~M-919/2018 M-919/2018 dated July 11, 2018 in case No. 2-1568/2018

Central District Court of Tolyatti ( Samara Region) - Civil and administrative

Social services are provided to their recipients in the form of social services at home, or in a semi-stationary form, or in a stationary form. In accordance with Part 1 of Art. 31 of the Federal Law of December 28, 2013 No. 442-FZ, social services in the form of social services at home, in semi-stationary and stationary forms of social services are provided free of charge: 1) ...

Decision No. 2-1061/2018 2-1061/2018 ~ M-438/2018 M-438/2018 dated June 19, 2018 in case No. 2-1061/2018

Bezhitsky district court of Bryansk (Bryansk region) - Civil and administrative

Bryansk Boarding Home for the Elderly and Disabled”, the earlier legal relationship for the provision of social services to the defendant by the plaintiff was terminated, since the agreement on the provision of social services has become invalid 31 . 12.2017. In addition, during the time of residence in the boarding school, the defendant systematically violated the internal regulations, was rude and insulted employees and residents. Based on the provisions of Articles 309, 310, ...

Decision No. 2-664/2018 2-664/2018 ~ M-586/2018 M-586/2018 dated June 5, 2018 in case No. 2-664/2018

Leningradsky District Court ( Krasnodar region) - Civil and administrative

The amount of which is calculated on the basis of tariffs for social services and cannot exceed seventy-five percent of the average per capita income of a recipient of social services. In part 4 of Art. 31 of Law No. 442-FZ of December 28, 2013 states that the procedure for determining the average per capita income for the provision of social services is established free of charge by the Government of the Russian Federation. According to the rules...