Federal Law “On social services for elderly citizens and disabled people of the Russian Federation.” Federal Law Federal Law 122 on social services

Social protection of the population is the provision of appropriate services to disabled people and other categories of incapacitated persons. Such measures help meet social needs certain groups citizens of the Russian Federation.

Public services refers to the activities of services that provide support to citizens who find themselves in difficult life situations.

Support consists of the following types of services provided to older people and people with disabilities:

Household;
Medical;
Psychological and pedagogical;
Social and legal;
Material assistance.

Institutions and businesses that provide services to society (elderly and disabled people) are called social services. Their activities are regulated by generally accepted Russian legislation on older people in the Russian Federation.

IN Russian Federation There are several laws in force that regulate the relationship between government authorities and older people.

List of laws on older people and disabled people in the Russian Federation:

. It guarantees social security to every citizen of the Russian Federation;
regulates legal basis for the following categories of citizens:
- Low-income families;
- Residents living alone;
- Other categories of citizens provided for in this Federal Law;
He creates a state policy regarding elderly citizens and people with disabilities, the purpose of which is to ensure equal rights to protection with other citizens of the Russian Federation;
The main purpose of the Federal Law is to provide protection to disabled people and elderly citizens. IN currently lost its power.

Description of Federal Law 122

the federal law No. 122 "Oh social services elderly citizens and disabled people" has lost its force. Now it is replaced by law no. It was adopted by the State Duma on December 23, 2013, and came into force on January 1, 2015. Last changes were made on July 21, 2017.

Changes in the law on the elderly and disabled

As mentioned above, the latest changes to Federal Law No. 442 were made on July 21, 2017.

Article 7

Article 7 was supplemented with clause 7.1. It states that an independent social service organization is being created to assess the quality of services provided.

Article 8

Article 8 was supplemented with clause 24.1. It states that special conditions are created for an organization that conducts an independent assessment.

Article 13

Article 13 was supplemented with clause 12.1. Its essence is that the decision to conduct independent assessment adopted by the federal executive body.

Part 4 of Article 13 was completely changed. Now, in order to express your own opinion or leave feedback after providing services to the elderly and disabled, you can go to the official website and express your opinion in writing.

Article 23.1

Article 23.1 appeared after the latest changes were made. It also talks about providing an independent assessment of the quality of service delivery. A quality indicator is one of the control methods that makes it possible to increase the effectiveness of services provided to the elderly and disabled.

Criteria for quality assessment:

Openness of information;
Comfortable conditions during the provision of services;
Waiting time;
Competence, politeness and friendliness of the company's employees, which provides quality service.

An independent assessment of the quality of services provided is carried out in the manner prescribed by this Federal Law.

An authorized federal executive body or other government department can independently create public councils that will evaluate the effectiveness of their activities.

This Federal Law regulates relations in the field of social services for elderly citizens and disabled people, which is one of the areas of activity for social protection of the population, establishes economic, social and legal guarantees for elderly citizens and disabled people, based on the need to affirm the principles of philanthropy and mercy in society.

Chapter I. General provisions

Article 1. Social services for elderly citizens and disabled people

Social services for elderly and disabled citizens are activities to meet the needs of these citizens in social services Oh.

Social services include a set of social services that are provided to elderly citizens and disabled people at home or in social service institutions, regardless of their form of ownership.

Article 2. Legislation of the Russian Federation on social services for elderly citizens and disabled people

The legislation of the Russian Federation on social services for elderly citizens and the disabled consists of this Federal Law, other federal laws adopted in accordance with them, other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.

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

Article 3. Basic principles of activity in the field of social services for elderly citizens and disabled people

Activities in the field of social services for elderly citizens and people with disabilities are based on the principles:

respect for human and civil rights;

provision of state guarantees in the field of social services;

ensuring equal opportunities in receiving social services and their accessibility for elderly citizens and people with disabilities;

continuity of all types of social services;

focusing social services on the individual needs of elderly citizens and people with disabilities;

priority of measures for social adaptation elderly citizens and disabled people;

responsibility of public authorities and institutions, as well as officials for ensuring the rights of elderly citizens and people with disabilities in the field of social services.

Article 4. Guarantees of observance of the rights of elderly citizens and disabled people in the field of social services

The state guarantees elderly citizens and people with disabilities the opportunity to receive social services based on the principle of social justice, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership of public associations and other circumstances.

Elderly citizens and disabled people are provided with the opportunity to receive social services sufficient to meet their basic living needs, which are included in the lists of state-guaranteed social services.

The list of state-guaranteed social services is approved by the executive authorities of the constituent entities of the Russian Federation, taking into account the needs of the population living in the territories of the relevant constituent entities of the Russian Federation.

Chapter II. Rights of elderly citizens and people with disabilities in the field of social services

Article 5. The right of elderly citizens and disabled people to social services

Elderly citizens (women over 55 years old, men over 60 years old) and disabled people (including disabled children) who need permanent or temporary assistance due to partial or complete loss of the ability to independently satisfy their basic life needs due to limited ability to self-care and (or) movement, have the right to social services provided in the state and non-state sectors of the social service system.

Social services for elderly and disabled citizens are carried out by decision of the authorities social protection of the population in institutions under their jurisdiction or under agreements concluded by social protection authorities with social service institutions of other forms of ownership.

Article 6. Rights of foreign citizens, stateless persons, including refugees, in the field of social services

Foreign citizens, stateless persons, including refugees, enjoy the same rights in the field of social services as citizens of the Russian Federation, unless otherwise established by the legislation of the Russian Federation.

Article 7. Rights of elderly citizens and disabled people when receiving social services

When receiving social services, elderly and disabled citizens have the right to:

respectful and humane attitude on the part of employees of social service institutions;

selection of an institution and form of social services in the manner established by the social protection authorities of the population of the constituent entities of the Russian Federation;

information about your rights, obligations and conditions for the provision of social services;

consent to social services;

refusal of social services;

confidentiality of personal information that becomes known to an employee of a social service institution during the provision of social services;

protection of their rights and legitimate interests, including in court.

Article 8. The right of elderly citizens and people with disabilities to information in the field of social services

Elderly citizens and disabled people have the right to receive information about the types and forms of social services, indications for receiving social services and the terms of their payment, as well as other conditions for their provision.

Information about social services is provided by social workers directly to elderly citizens and disabled people, and in relation to persons under 14 years of age and persons recognized as legally incompetent - to their legal representatives.

Elderly citizens and disabled people sent to stationary or semi-stationary social service institutions, as well as their legal representatives, must be previously familiarized with the conditions of residence or stay in these institutions and the types of services provided by them.

Article 9. Consent to social services

Social services are provided subject to the voluntary consent of elderly citizens and disabled people to receive social services, with the exception of cases provided for by this Federal Law.

Consent to social services for persons under 14 years of age and persons recognized as legally incompetent is given by their legal representatives after receiving the information provided for in part one of Article 8 of this Federal Law. In the temporary absence of legal representatives, the decision on consent is made by the guardianship and trusteeship authorities.

Placement in a stationary social service institution for elderly citizens and disabled people is carried out on the basis of their personal written application and is confirmed by their signature, and persons under 14 years of age and persons recognized as legally incompetent - on the basis of a written application from their legal representatives.

Placement of elderly citizens and people with disabilities in inpatient social service institutions without their consent or without the consent of their legal representatives is permitted on the grounds and in the manner provided for in Article 15 of this Federal Law, as well as the Law of the Russian Federation "On psychiatric care and guarantees of citizens’ rights during its provision.”

Placement of elderly citizens and disabled people in special inpatient social service institutions is carried out under the conditions specified in Article 20 of this Federal Law.

Article 10. Refusal of social services

Elderly and disabled citizens, as well as their legal representatives, have the right to refuse social services, except for the cases provided for in Article 15 of this Federal Law.

In case of refusal of social services, elderly and disabled citizens, as well as their legal representatives, are advised possible consequences the decision they made.

Refusal of elderly citizens and disabled people from social services, which may lead to a deterioration in their health or a threat to their life, is formalized by a written statement from elderly citizens and disabled people or their legal representatives, confirming receipt of information about the consequences of refusal.

Article 11. Confidentiality of information

Personal information that becomes known to employees of a social service institution during the provision of social services constitutes a professional secret.

Employees of social service institutions who are guilty of disclosing professional secrets bear responsibility in the manner established by the legislation of the Russian Federation.

Article 12. Rights of elderly citizens and disabled people living in inpatient institutions social services

1. Elderly citizens and disabled people living in inpatient social service institutions enjoy the rights provided for in Article 7 of this Federal Law, and also have the right to:

1) providing them with living conditions that meet sanitary and hygienic requirements;

2) nursing, primary health care and dental care provided in an inpatient social service institution;

4) socio-medical rehabilitation and social adaptation;

5) voluntary participation in the medical and labor process, taking into account the state of health, interests, desires in accordance with the medical report and labor recommendations;

6) medical and social examination carried out according to medical indications, to establish or change the disability group;

7) free visits by their lawyer, notary, legal representatives, representatives of public associations and clergy, as well as relatives and other persons;

8) free legal assistance within the framework of the state system of free legal assistance in accordance with the Federal Law “On Free Legal Assistance in the Russian Federation”;

9) providing them with premises for the performance of religious rites, creating appropriate conditions for this that do not contradict the internal regulations, taking into account the interests of believers of various faiths;

10) preservation of residential premises occupied by them under a rental or lease agreement in houses of state, municipal and public housing funds for six months from the date of admission to a stationary social service institution, and in cases where members of their families remain living in the residential premises - in throughout the entire stay in this institution. In case of refusal from the services of a stationary social service institution after specified period Elderly citizens and disabled people who have vacated residential premises due to their placement in these institutions have the right to priority provision of residential premises if the previously occupied residential premises cannot be returned to them.

Disabled children living in stationary social service institutions, who are orphans or deprived of parental care, upon reaching 18 years of age, are subject to provision of residential premises out of turn by local government bodies at the location of these institutions or at the place of their previous residence of their choice, if individual program rehabilitation provides the opportunity to perform self-care and lead an independent lifestyle;

11) participation in public commissions to protect the rights of elderly citizens and disabled people, created including in social service institutions.

2. Disabled children living in stationary social service institutions have the right to receive education and professional education in accordance with their physical capabilities and mental abilities. This right is ensured by organizing special educational institutions (classes and groups) and labor training workshops in stationary social service institutions in the manner prescribed by current legislation.

3. Elderly citizens and disabled people living in state social service institutions and in need of specialized medical care, are sent for examination and treatment to government health care institutions. Payment for treatment of elderly citizens and disabled people in these health care institutions is carried out in accordance with the established procedure at the expense of appropriate budgetary allocations and health insurance funds.

4. Elderly citizens and disabled people living in inpatient social service institutions have the right to freedom from punishment. The use of medicines, means of physical restraint, as well as isolation of elderly and disabled citizens. Persons guilty of violating this norm bear disciplinary, administrative or criminal liability, established by law Russian Federation.

Article 13. Labor activity of elderly citizens and disabled people living in stationary social service institutions

Elderly citizens and disabled people living in inpatient social service institutions may be hired for work available to them due to health conditions, on the terms employment contract.

Elderly citizens and disabled people working under the terms of an employment contract are granted annual paid leave of 30 calendar days.

Elderly citizens and disabled people living in inpatient social service institutions can participate in treatment labor activity in accordance with medical recommendations.

Forcing elderly citizens or disabled people living in inpatient social service institutions into medical and labor activities is not allowed.

Article 14. Refusal of services from an inpatient social service institution

Elderly citizens and disabled people who are in stationary social service institutions and do not belong to the category of citizens specified in part one of Article 15 of this Federal Law have the right to refuse the services of these institutions.

Article 15. Restrictions on the rights of elderly citizens and people with disabilities when providing them with social services

Restrictions on the rights of elderly citizens and people with disabilities in the provision of social services to them are allowed in the manner prescribed by this Federal Law, and can be expressed in the placement of these citizens without their consent in social service institutions in cases where they are deprived of care and support from relatives or other legal representatives and at the same time are not able to independently satisfy their vital needs (loss of the ability for self-care and (or) active movement) or are recognized as legally incompetent.

The issue of placing elderly citizens and disabled people in inpatient social service institutions without their consent or without the consent of their legal representatives on the grounds provided for in part one of this article is decided by the court on the proposal of the social protection authorities.

Refusal from the services of inpatient social service institutions for elderly citizens and disabled people who have lost the ability to satisfy their basic life needs or are recognized as incompetent in accordance with the procedure established by law is made upon a written application from their legal representatives if they undertake to provide these persons with care and the necessary living conditions.

Elderly citizens and disabled people who are bacteria or virus carriers, or if they have chronic alcoholism, quarantine infectious diseases, active forms of tuberculosis, severe mental disorders, sexually transmitted and other diseases requiring treatment in specialized healthcare institutions may be denied the provision of social services at home.

Refusal to provide elderly citizens and disabled people with social services on the grounds specified in part three of this article is confirmed by a joint conclusion of the social protection body and the medical advisory commission of the health care institution.

Social services for elderly citizens and people with disabilities provided in non-stationary conditions may be terminated if they violate the norms and rules established by social service management bodies when providing this type of service.

Chapter III. Social services for elderly and disabled citizens

Article 16. Forms of social services

1. Social services for elderly citizens and disabled people include:

1) social services at home (including social and medical services);

2) semi-stationary social services in day (night) departments of social service institutions;

3) stationary social services in stationary social service institutions (boarding homes, boarding houses and other social service institutions, regardless of their name);

4) urgent social services;

5) social advisory assistance.

2. Elderly citizens and disabled people may be provided with living quarters in social housing stock buildings.

3. Social services, at the request of elderly citizens and disabled people, can be provided on a permanent or temporary basis.

Article 17. Social services at home

1. Social services at home are one of the main forms of social services, aimed at maximizing the possible extension of the stay of elderly citizens and disabled people in their usual social environment in order to maintain their social status, as well as to protect their rights and legitimate interests.

2. Home-based social services provided for in the list of state-guaranteed social services include:

1) catering, including home delivery of food;

2) assistance in purchasing medicines, food and industrial goods of prime necessity;

3) assistance in obtaining medical care, including accompaniment to medical institutions;

4) maintaining living conditions in accordance with hygienic requirements;

5) assistance in organizing legal assistance and other legal services;

6) assistance in organizing funeral services;

7) other home-based social services.

3. When serving elderly citizens and disabled people living in residential premises without central heating and (or) water supply, home-based social services included in the list of state-guaranteed social services include assistance in providing fuel and (or) water.

4. In addition to home-based social services provided for in the lists of state-guaranteed social services, elderly citizens and disabled people may be provided with additional services on full or partial payment terms.

5. Social services at home are provided in the manner determined by the executive authority of the constituent entity of the Russian Federation.

Article 18. Social and medical care at home

Social and medical services at home are provided for elderly citizens and disabled people who are suffering from mental disorders(in remission), tuberculosis (except for the active form), severe diseases (including cancer) in late stages, with the exception of the diseases specified in part four of Article 15 of this Federal Law.

The procedure and conditions for social and medical care at home are determined by the executive authorities of the constituent entities of the Russian Federation.

Article 19. Semi-stationary social services

Semi-stationary social services include social, medical and cultural services for elderly citizens and the disabled, organizing their meals, recreation, ensuring their participation in feasible work activities and maintaining an active lifestyle.

Semi-stationary social services are accepted for elderly citizens and disabled people who need it, who have retained the ability for self-care and active movement, and who do not have medical contraindications for enrollment in social services provided for in part four of Article 15 of this Federal Law.

The decision to enroll in semi-stationary social services is made by the head of a social service institution on the basis of a personal written application from an elderly or disabled citizen and a certificate from a health care institution about his state of health.

The procedure and conditions for semi-stationary social services are determined by the executive authorities of the constituent entities of the Russian Federation.

Article 20. Inpatient social services

Inpatient social services are aimed at providing comprehensive social and everyday assistance to elderly citizens and disabled people who have partially or completely lost the ability to self-care and who, for health reasons, require constant care and supervision.

Inpatient social services include measures to create living conditions for elderly citizens and people with disabilities that are most adequate for their age and health status, rehabilitation measures medical, social and therapeutic-labor nature, provision of care and medical assistance, organization of their rest and leisure.

Inpatient social services for elderly and disabled citizens are provided in inpatient social service institutions (departments) profiled in accordance with their age, health and social status.

It is not permitted to place disabled children with physical disabilities in inpatient social service institutions intended for the accommodation of children with mental disorders.

Elderly citizens and disabled people who have partially or completely lost the ability to self-care and need constant outside care, from among particularly dangerous repeat offenders released from prison and other persons for whom administrative supervision has been established in accordance with current legislation, as well as elderly citizens and disabled people who have previously been convicted or have been repeatedly brought to administrative responsibility for violating public order, engaged in vagrancy and begging, who are sent from institutions of the internal affairs bodies, in the absence of medical contraindications and at their personal request, are accepted for social services in special inpatient social service institutions in the manner , determined by the executive authorities of the constituent entities of the Russian Federation.

Elderly citizens and disabled people living in stationary social service institutions and constantly violating the procedure for living in them established by the Regulations on the social service institution may, at their request or by a court decision adopted on the basis of a submission from the administration of these institutions, be transferred to special stationary social service institutions. service.

Article 21. Responsibilities of the administration of a stationary social service institution

The administration of a stationary social service institution is obliged to:

respect human and civil rights;

ensure personal integrity and safety of elderly citizens and disabled people;

inform elderly citizens and disabled people living in a stationary social service institution about their rights;

perform the functions assigned to her as guardians and trustees in relation to elderly citizens and disabled people in need of guardianship or trusteeship;

carry out and develop educational activities, organize recreation and cultural services for elderly citizens and disabled people;

provide elderly citizens and disabled people living in a stationary social service institution with the opportunity to use telephone and postal services for a fee in accordance with current tariffs;

allocate to spouses from among elderly and disabled citizens living in a stationary social service institution an isolated living space for joint living;

ensure the possibility of unhindered reception of visitors both on weekends and holidays, and on weekdays in the daytime and evening;

ensure the safety of personal belongings and valuables of elderly citizens and disabled people;

perform other functions established by current legislation.

Article 22. Urgent social services

1. Urgent social services are provided in order to provide emergency care of a one-time nature for elderly citizens and disabled people in dire need of social support.

2. Urgent social services may include the following social services:

1) one-time provision of free hot meals or food packages to those in dire need;

2) provision of clothing, shoes and other essential items;

3) one-time provision of financial assistance;

4) assistance in obtaining temporary housing;

5) organization of legal assistance in order to protect the rights of persons served;

6) organizing emergency medical and psychological assistance with the involvement of psychologists and clergy for this work and the allocation of additional telephone numbers for these purposes;

7) other urgent social services.

Article 23. Social advisory assistance

1. Social advisory assistance to elderly citizens and people with disabilities is aimed at their adaptation in society, easing social tension, creating favorable relationships in the family, as well as ensuring interaction between the individual, family, society and the state.

2. Social advisory assistance to elderly citizens and people with disabilities is focused on their psychological support, increased efforts in solving their own problems and provides for:

1) identification of persons in need of social advisory assistance;

2) prevention of various kinds of socio-psychological deviations;

3) work with families in which elderly and disabled citizens live, organizing their leisure time;

4) advisory assistance in training, vocational guidance and employment of disabled people;

5) ensuring coordination of the activities of government agencies and public associations to solve the problems of elderly citizens and people with disabilities;

6) legal assistance within the competence of social service authorities;

7) other measures to form healthy relationships and create a favorable social environment for elderly citizens and people with disabilities.

Article 24. Payment for home-based, semi-stationary and stationary social services in state social service institutions

The procedure and conditions for the provision of free home-based, semi-stationary and stationary social services, as well as on the terms of full or partial payment, are established by the executive authorities of the constituent entities of the Russian Federation.

Chapter IV. Organization of social services for elderly citizens and disabled people

Article 25. Social service system for elderly citizens and disabled people

The social service system for elderly citizens and disabled people is based on the use and development of all forms of property and consists of the state and non-state social service sectors.

Article 30. Social service institutions

1. Social service institutions are legal entities and carry out their activities in accordance with the legislation of the Russian Federation.

2. Government agencies social services are not subject to privatization and cannot be repurposed for other types of activities.

Article 31. Main sources of financing the system of social services for elderly citizens and disabled people

1. The main source of financing for the public sector of the social service system for elderly citizens and disabled people is the budgets of the constituent entities of the Russian Federation.

2. Additional extra-budgetary sources of financing measures for social services for elderly citizens and disabled people are:

1) funds coming from targeted social funds;

2) bank loans and funds from other creditors;

3) income from entrepreneurial and other income-generating activities of enterprises, institutions and organizations of the social protection system of the population, carried out in accordance with the legislation of the Russian Federation;

4) income from securities;

5) funds received from elderly citizens and disabled people as payment for social services;

6) charitable contributions and donations;

7) other sources not prohibited by law.

3. Cash, including those in bank accounts, as well as funds from the sale of property of elderly citizens and disabled people who lived and died in inpatient social service institutions, who did not leave a will and had no heirs, become the property of the state and can be used for the development of social services. Control over the targeted expenditure of these funds is carried out by social protection authorities.

4. Funds, including those in bank accounts, as well as funds from the sale of property of single elderly citizens and disabled people who were not served in stationary social service institutions and those who died, did not leave a will and had no heirs, become the property of the state and may be directed towards the development of social services.

Article 33. Non-state social service sector

The non-state social service sector unites social service institutions whose activities are based on non-state ownership, as well as persons carrying out private activities in the field of social services. The non-state social service sector includes public associations, including professional associations, charitable and religious organizations whose activities are related to social services for elderly citizens and the disabled.

The activities of subjects of the non-state social service sector are carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Chapter V. Professional activities in the field of social services for elderly citizens and disabled people

Article 34. Right to professional activity in the field of social services

Citizens of the Russian Federation, foreign citizens and stateless persons who have received higher professional or secondary education have the right to professional activity in the field of social services for elderly citizens and the disabled. professional education or vocational training in educational institutions Russian Federation.

To provide basic social services, citizens who do not have professional training may be recruited under the terms of an employment contract concluded with social service management bodies or social service institutions.

Article 35. The right to professional private activity in the field of social services

Citizens registered as individual entrepreneurs, or social service institutions.

Control over the activities of providing social services in the non-state social service sector is carried out in accordance with part three of Article 37 of this Federal Law.

Article 36. Measures social support social workers

Measures of social support for social workers employed in the public sector of social services are carried out in accordance with the laws and other regulatory legal acts of the constituent entities of the Russian Federation.

Chapter VI. Control over social services for elderly citizens and disabled people

Article 37. Control over activities in the provision of social services

Control over the provision of social services in the public sector of social services is carried out in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Article 38. Protection of the rights of elderly citizens and disabled people and liability for violation of the legislation of the Russian Federation on social services for elderly citizens and disabled people

Actions or inaction of state bodies, enterprises, institutions and organizations, regardless of their form of ownership, as well as officials, resulting in violations of the rights of elderly citizens and disabled people in the field of social services, can be appealed to the court.

Violation of the legislation of the Russian Federation on social services for elderly citizens and people with disabilities entails criminal, civil and administrative liability provided for by the legislation of the Russian Federation.

Chapter VII. The procedure for enacting this Federal Law

Article 39. The President of the Russian Federation and the Government of the Russian Federation shall, within three months, bring their regulatory legal acts into compliance with this Federal Law.

Article 40. This Federal Law comes into force on the date of its official publication.

Moscow Kremlin

Typically, the preamble of each legislative act expresses some attitude of the legislator to those legal relations that will be regulated in the law. The preamble may briefly describe the composition of those legal relations that will become the subject of consideration and regulation in the law.

The law being commented on fully continues this tradition, and in the preamble it speaks of the principles of philanthropy and mercy, on the basis of which all legal norms in the area of legal relations under consideration should be built. It is somewhat unclear then why in Art. 3 of the law under consideration, the principles of philanthropy and mercy were not reflected. This article of the law precisely enshrines those legal principles, taking into account the content of the meaning of which the legal norms of the law should be built. In general, the mention in the law of the principles of mercy and philanthropy does not seem entirely clear. What does the legislator mean in this case, since philanthropy and mercy have no legal content. Even international conventions for the protection of human rights, which describe the rights and freedoms of people in broad terms and in general phrases, do not use such concepts as philanthropy and mercy when defining legal norms. These categories are in the field of studying ethics, philosophy and others humanities, and constitute the moral side of human life. The law does not affect morality; it exists outside of legal norms, therefore the categories of mercy and philanthropy have never been enshrined in the law.

Constitution of the Russian Federation in Art. 7 established that the Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of people. In the Russian Federation, the labor and health of people are protected, a guaranteed minimum wage is established, state support is provided for the family, motherhood, paternity and childhood, the disabled and elderly citizens, a system of social services is developed, state pensions, benefits and other guarantees of social protection are established. Exactly like this legal norm and reflects all philanthropy and mercy, it is expressed specifically in the creation by the state of conditions that would ensure a decent life for the elderly and disabled on the territory of the Russian Federation. Another question is what constitutes such a worthy life. There are many criteria to determine here, but one cannot but agree that the most important indicator Such a “decent life” for the elderly and disabled will be their ability to satisfy their needs with all the household, medical services and goods they need. Therefore, resolving this issue requires significant financial resources.

The level of social security for absolutely all categories of elderly and disabled people is currently not high enough, despite the fact that the state has already done a lot in this direction and, in general, social security for disabled and elderly people has improved. The President of the Russian Federation in his annual message to Federal Assembly In 2006, the Russian Federation spoke about the state of social protection of disabled and elderly people in Russia as follows:

“When dealing with the problem of increasing the birth rate and supporting a young family, we have no right to forget about the older generations. These are people who gave their whole lives to the country, worked for the country, and if necessary, stood up for its defense. We must do everything to provide them a decent life. You know, for recent years Pensions were increased repeatedly, and earlier than planned. And next year pensions will be increased by a total of almost 20 percent. Significant resources are allocated by the state to provide social benefits and guarantees for pensioners and veterans. It is necessary to continue the program of providing these categories of citizens with social housing, including the use of additional resources within the framework of the Affordable Housing project. I ask you to continue to consider this work as one of your key priorities."

Thus, our state will continue to pay attention to the problem of ensuring a truly decent life for the elderly and disabled. The law in question, one of many legislative acts in its field of relations, establishes requirements (legal norms) for social support for the elderly and disabled. The preamble of the commented law establishes that this law regulates relations in the field of social services, and is one of a set of measures for the social protection of disabled people and elderly citizens.

The preamble in question also states that the law being commented on establishes legal, economic and social guarantees in the field of social protection of older people and disabled people. With legal guarantees, everything is more or less clear; almost any legal norm in the law under comment can be called, to one degree or another, a legal guarantee for elderly citizens and the disabled. For example, the entire Chapter 2 of the law being commented on establishes the rights of elderly citizens and disabled people in the most direct way, and this can be called a legal guarantee.

But social and economic guarantees need to be clarified. Social guarantees include the content of the norms of Chapter 3 of the law under consideration on social services for elderly citizens and the disabled. These are specific types of social assistance to needy citizens specified in the law under comment. Economic guarantees can be considered as established state-guaranteed expenses (budget funds) for social assistance. Economic guarantees in the law in question can only include the content of Art. 31 of the commented law, which establishes sources of financing for the social service system for needy citizens.

Chapter I. General provisions

Federal Law No. 122-FZ of August 22, 2004 amended Article 1 of this Federal Law, which comes into force on January 1, 2005.

Article 1. Social services for elderly and disabled citizens

Social services for elderly citizens and the disabled are activities to meet the needs of these citizens for social services.

Social services include a set of social services that are provided to elderly citizens and disabled people at home or in social service institutions, regardless of their form of ownership.

See comments to Article 1 of this Federal Law

Article 2. Legislation of the Russian Federation on social services for elderly citizens and disabled people

On the basics of social services for the population in the Russian Federation, see Federal Law of December 10, 1995 N 195-FZ

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

See comments to Article 2 of this Federal Law

Article 3. Basic principles of activity in the field of social services for elderly citizens and disabled people

Activities in the field of social services for elderly citizens and people with disabilities are based on the principles:

respect for human and civil rights;

provision of state guarantees in the field of social services;

ensuring equal opportunities in receiving social services and their accessibility for elderly citizens and people with disabilities;

continuity of all types of social services;

orientation of social services to the individual needs of elderly citizens and people with disabilities;

priority of measures for social adaptation of elderly citizens and disabled people;

Federal Law No. 122-FZ of August 22, 2004 introduced amendments to paragraph eight of Article 3 of this Federal Law, which come into force on January 1, 2005.

See the text of the paragraph in the previous edition

responsibility of government bodies and institutions, as well as officials for ensuring the rights of elderly citizens and people with disabilities in the field of social services.

See comments to Article 3 of this Federal Law

Federal Law No. 122-FZ of August 22, 2004 amended Article 4 of this Federal Law, which comes into force on January 1, 2005.

See the text of the article in the previous edition

Article 4. Guarantees of observance of the rights of elderly citizens and people with disabilities in the field of social services

See comments to Article 4 of this Federal Law

ON SOCIAL SERVICES FOR ELDERLY CITIZENS AND DISABLED CITIZENS

Chapter I. GENERAL PROVISIONS

Article 1. Social services for elderly citizens and disabled people

Social services for elderly citizens and the disabled are activities to meet the needs of these citizens for social services.

Social services include a set of social services that are provided to elderly citizens and disabled people at home or in social service institutions, regardless of their form of ownership.

Article 2. Legislation of the Russian Federation on social services for elderly citizens and disabled people

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

Article 3. Basic principles of activity in the field of social services for elderly citizens and disabled people

Activities in the field of social services for elderly citizens and people with disabilities are based on the principles:

respect for human and civil rights;

provision of state guarantees in the field of social services;

ensuring equal opportunities in receiving social services and their accessibility for elderly citizens and people with disabilities;

continuity of all types of social services;

focusing social services on the individual needs of elderly citizens and people with disabilities;

priority of measures for social adaptation of elderly citizens and disabled people;

responsibility of government bodies and institutions, as well as officials for ensuring the rights of elderly citizens and people with disabilities in the field of social services.

Article 4. Guarantees of observance of the rights of elderly citizens and disabled people in the field of social services

Part four lost its power. — Federal Law of August 22, 2004 No. 122-FZ.

Chapter II. RIGHTS OF ELDERLY CITIZENS AND DISABLED CITIZENS IN THE FIELD OF SOCIAL SERVICES

Article 5. The right of elderly citizens and disabled people to social services

Social services for elderly citizens and people with disabilities are carried out by decision of social protection authorities in institutions under their jurisdiction or under agreements concluded by social protection authorities with social service institutions of other forms of ownership.

Article 6. Rights of foreign citizens, stateless persons, including refugees, in the field of social services

Article 7. Rights of elderly citizens and disabled people when receiving social services

When receiving social services, elderly and disabled citizens have the right to:
respectful and humane attitude on the part of employees of social service institutions;

selection of an institution and form of social services in the manner established by the social protection authorities of the population of the constituent entities of the Russian Federation;

information about your rights, obligations and conditions for the provision of social services;

consent to social services;

refusal of social services;

confidentiality of personal information that becomes known to an employee of a social service institution during the provision of social services;

protection of their rights and legitimate interests, including in court.

Article 8. The right of elderly citizens and people with disabilities to information in the field of social services

Article 9. Consent to social services

Social services are provided subject to the voluntary consent of elderly citizens and disabled people to receive social services, with the exception of cases provided for by this Federal Law.

Placement of elderly citizens and people with disabilities in inpatient social service institutions without their consent or without the consent of their legal representatives is permitted on the grounds and in the manner provided for in Article 15 of this Federal Law, as well as the Law of the Russian Federation “On Psychiatric Care and Guarantees of the Rights of Citizens in its Provision "

Placement of elderly citizens and disabled people in special inpatient social service institutions is carried out under the conditions specified in Article 20 of this Federal Law.

Article 10. Refusal of social services

Elderly and disabled citizens, as well as their legal representatives, have the right to refuse social services, except for the cases provided for in Article 15 of this Federal Law.

In case of refusal of social services, elderly and disabled citizens, as well as their legal representatives, are explained the possible consequences of their decision.

Article 11. Confidentiality of information

Personal information that becomes known to employees of a social service institution during the provision of social services constitutes a professional secret.

Employees of social service institutions who are guilty of disclosing professional secrets bear responsibility in the manner established by the legislation of the Russian Federation.

Article 12. Rights of elderly citizens and disabled people living in stationary social service institutions

1. Elderly citizens and disabled people living in inpatient social service institutions enjoy the rights provided for in Article 7 of this Federal Law, and also have the right to:

1) providing them with living conditions that meet sanitary and hygienic requirements;

2) nursing, primary health care and dental care provided in an inpatient social service institution;

3) has become invalid. — Federal Law of August 22, 2004 No. 122-FZ;

4) socio-medical rehabilitation and social adaptation;

5) voluntary participation in the medical and labor process, taking into account the state of health, interests, desires in accordance with the medical report and labor recommendations;

6) medical and social examination carried out for medical reasons to establish or change the disability group;

7) free visits by their lawyer, notary, legal representatives, representatives of public associations and clergy, as well as relatives and other persons;

8) free help a lawyer in the manner prescribed by current legislation;

10) preservation of residential premises occupied by them under a rental or lease agreement in houses of state, municipal and public housing funds for six months from the date of admission to a stationary social service institution, and in cases where members of their families remain living in the residential premises - in throughout the entire stay in this institution. In case of refusal of the services of a stationary social service institution after the expiration of the specified period, elderly citizens and disabled people who have vacated residential premises due to their placement in these institutions have the right to priority provision of residential premises if the previously occupied residential premises cannot be returned to them .

Disabled children living in stationary social service institutions, who are orphans or deprived of parental care, upon reaching 18 years of age, are subject to the provision of residential premises out of turn by local governments at the location of these institutions or at the place of their previous residence of their choice, if an individual rehabilitation program provides the opportunity to provide self-care and lead an independent lifestyle;

11) participation in public commissions to protect the rights of elderly citizens and disabled people, created including in social service institutions.

2. Disabled children living in stationary social service institutions have the right to receive education and vocational training in accordance with their physical capabilities and mental abilities. This right is ensured by organizing special educational institutions (classes and groups) and labor training workshops in stationary social service institutions in the manner prescribed by current legislation.

3. Elderly citizens and disabled people living in state social service institutions and in need of specialized medical care are sent for examination and treatment to state health care institutions. Payment for treatment of elderly citizens and disabled people in these health care institutions is carried out in accordance with the established procedure at the expense of appropriate budgetary allocations and health insurance funds.

4. Elderly citizens and disabled people living in inpatient social service institutions have the right to freedom from punishment. For the purpose of punishing elderly and disabled citizens or creating convenience for the staff of these institutions, the use of medicines, means of physical restraint, as well as isolation of elderly and disabled citizens is not allowed. Persons guilty of violating this norm bear disciplinary, administrative or criminal liability established by the legislation of the Russian Federation.

Article 13. Labor activity of elderly citizens and disabled people living in stationary social service institutions

Elderly citizens and disabled people living in inpatient social service institutions may be hired for jobs available to them due to health conditions under the terms of an employment contract.

Elderly citizens and disabled people working under the terms of an employment contract are granted annual paid leave of 30 calendar days.
Elderly citizens and disabled people living in inpatient social service institutions can participate in medical and labor activities in accordance with medical recommendations.

Forcing elderly citizens or disabled people living in inpatient social service institutions into medical and labor activities is not allowed.

Article 14. Refusal of services from an inpatient social service institution

Article 15. Restrictions on the rights of elderly citizens and people with disabilities when providing them with social services

Elderly citizens and disabled people who are bacteria or virus carriers, or if they have chronic alcoholism, quarantine infectious diseases, active forms of tuberculosis, severe mental disorders, venereal and other diseases requiring treatment in specialized healthcare institutions, may be denied social benefits. home services.

Chapter III. SOCIAL SERVICES FOR ELDERLY CITIZENS AND DISABLED CITIZENS

Article 16. Forms of social services

1. Social services for elderly citizens and disabled people include:

1) social services at home (including social and medical services);

2) semi-stationary social services in day (night) departments of social service institutions;

3) stationary social services in stationary social service institutions (boarding homes, boarding houses and other social service institutions, regardless of their name);

4) urgent social services;

5) social advisory assistance.

2. Elderly citizens and disabled people may be provided with living quarters in social housing stock buildings.

3. Social services, at the request of elderly citizens and disabled people, can be provided on a permanent or temporary basis.

Article 17. Social services at home

2. Home-based social services provided for in the list of state-guaranteed social services include:

1) catering, including home delivery of food;

2) assistance in purchasing medicines, food and industrial goods of prime necessity;

3) assistance in obtaining medical care, including accompaniment to medical institutions;

4) maintaining living conditions in accordance with hygienic requirements;

5) assistance in organizing legal assistance and other legal services;

6) assistance in organizing funeral services;

7) other home-based social services.

5. Social services at home are provided in the manner determined by the executive authority of the constituent entity of the Russian Federation.

6. Lost power. — Federal Law of August 22, 2004 No. 122-FZ.

Article 18. Social and medical care at home

Social and medical services at home are provided for elderly and disabled citizens in need of home-based social services, suffering from mental disorders (in remission), tuberculosis (except for the active form), serious diseases (including cancer) in the late stages, beyond with the exception of the diseases specified in part four of Article 15 of this Federal Law.

The procedure and conditions for social and medical care at home are determined by the executive authorities of the constituent entities of the Russian Federation.

Article 19. Semi-stationary social services

Semi-stationary social services are accepted for elderly and disabled citizens in need who have retained the ability for self-care and active movement and who do not have medical contraindications for enrollment in social services provided for in part four of Article 15 of this Federal Law.

The procedure and conditions for semi-stationary social services are determined by the executive authorities of the constituent entities of the Russian Federation.

Article 20. Inpatient social services

Inpatient social services include measures to create living conditions for elderly citizens and disabled people that are most adequate to their age and health status, rehabilitation measures of a medical, social and medical-labor nature, provision of care and medical assistance, organization of their rest and leisure.

Inpatient social services for elderly and disabled citizens are provided in inpatient social service institutions (departments) profiled in accordance with their age, health and social status.

It is not permitted to place disabled children with physical disabilities in inpatient social service institutions intended for the accommodation of children with mental disorders.

Article 21. Responsibilities of the administration of a stationary social service institution

The administration of a stationary social service institution is obliged to:

respect human and civil rights;

ensure personal integrity and safety of elderly citizens and disabled people;

inform elderly citizens and disabled people living in a stationary social service institution about their rights;

perform the functions assigned to her as guardians and trustees in relation to elderly citizens and disabled people in need of guardianship or trusteeship;

carry out and develop educational activities, organize recreation and cultural services for elderly citizens and disabled people;

provide elderly citizens and disabled people living in a stationary social service institution with the opportunity to use telephone and postal services for a fee in accordance with current tariffs;

allocate to spouses from among elderly and disabled citizens living in a stationary social service institution an isolated living space for joint living;

ensure the possibility of unhindered reception of visitors both on weekends and holidays, as well as on weekdays in the daytime and evening;

ensure the safety of personal belongings and valuables of elderly citizens and disabled people;

perform other functions established by current legislation.

Article 22. Urgent social services

1. Urgent social services are provided for the purpose of providing emergency one-time assistance to elderly citizens and disabled people who are in dire need of social support.

2. Urgent social services may include the following social services:

1) one-time provision of free hot meals or food packages to those in dire need;

2) provision of clothing, shoes and other essential items;

3) one-time provision of financial assistance;

4) assistance in obtaining temporary housing;

5) organization of legal assistance in order to protect the rights of persons served;

6) organizing emergency medical and psychological assistance with the involvement of psychologists and clergy for this work and the allocation of additional telephone numbers for these purposes;

7) other urgent social services.

Article 23. Social advisory assistance