Legislative base of the Russian Federation. Department of labor and social protection of the population of the city of sevastopol Federal law 181 on the disabled
1) conditions for unhindered access to objects of social, engineering and transport infrastructure (residential, public and industrial buildings, structures and structures, including those in which physical culture and sports organizations, cultural organizations and other organizations are located), to places of recreation and to provided services in them;
Judicial practice under article 15 of the Federal Law of November 24, 1995 No. 181-FZ
- 15 of the Federal Law of November 24, 1995 No. 181-FZ “On the Social Protection of Disabled Persons in the Russian Federation”, the Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, local governments ...
Resolution No. 4A-260/2019 dated September 27, 2019 in case No. 4A-260/2019
Tambov regional court (Tambov region) - Administrative offenses
Road sign 8.17 in black - in front and behind motor vehicles driven by disabled people of groups I and II, carrying such disabled people or disabled children). Article 15 of the Federal Law No. 181-FZ "On the Social Protection of the Disabled in the Russian Federation" provides that at each parking lot (stop) of vehicles, including near trade enterprises, services, ...
Resolution No. 4A-992/2019 dated September 23, 2019 in case No. 4A-992/2019
Residential, public and industrial buildings, buildings and structures, sports facilities, recreational facilities, cultural and entertainment and other institutions). In accordance with paragraph 9 of clause 8 of Article 15 of the Federal Law of November 24, 1995. No. 181-FZ at each parking lot (stop) of vehicles, including near social, engineering and transport infrastructure facilities (residential, public and ...
Resolution No. 4A-978/2019 dated September 9, 2019 in case No. 4A-978/2019
Samara Regional Court (Samara Region) - Administrative Offenses
2019, from which it follows that car No., state registration number No. was detained and moved to a specialized parking lot located at the address: Samara, Volzhsky Prospekt, 15 using video recording (case sheet 14); video from April 11, 2019 reviewed by previous courts when considering a case on an administrative offense, from the content of which it follows that the car ...
Decision No. 07-1283/2019 dated September 4, 2019 in case No. 07-1283/2019
Volgograd regional court (Volgograd region) - Administrative offenses
Traffic lights, signs and markings, as well as comply with the orders of traffic controllers acting within the rights granted to them and regulating traffic with established signals. In accordance with Article 15 of the Federal Law of November 24, 1995 No. 181-FZ (as amended on July 29, 2018) "On the Social Protection of Persons with Disabilities in the Russian Federation" (as amended and supplemented, entered into...
Decision No. 21-1058/2019 7-1842/2019/21-1058/2019 dated September 2, 2019 in case No. 21-1058/2019
Perm regional court (Perm region) - Administrative offenses
19 of the Code of Administrative Offenses of the Russian Federation establishes administrative liability for violation of the rules for stopping or parking vehicles in places designated for stopping or parking vehicles of disabled people. Article 15 of Federal Law No. 181-FZ “On the Social Protection of Disabled Persons in the Russian Federation” provides that at each parking lot (stop) of vehicles, including near trade enterprises, services, ...
Resolution No. 4A-579/2019 dated August 29, 2019 in case No. 4A-579/2019
Novosibirsk Regional Court (Novosibirsk Region) - Administrative offenses
After checking the case file within the arguments of the complaint, in accordance with Part. 1 Article. 30.16 of the Code of Administrative Offenses of the Russian Federation, I find no grounds for canceling the contested acts. Article 15 of Federal Law No. 181-FZ "On the Social Protection of Disabled Persons in the Russian Federation" provides that at each parking lot (stop) of vehicles, including near social, engineering and ...
Decision No. 2-5052/2019 2-5052/2019~M-3856/2019 M-3856/2019 dated August 29, 2019 in case No. 2-5052/2019
Yuzhno-Sakhalinsk city court (Sakhalin region) - Civil and administrative
Providing disabled people with conditions for overcoming, replacing (compensating) life restrictions and aimed at creating equal opportunities for them to participate in the life of society with other citizens. According to Art. 15 of the Federal Law "On the social protection of persons with disabilities in the Russian Federation", Federal state authorities, state authorities of the constituent entities of the Russian Federation, local governments (within the scope of established powers), organizations regardless ...
Resolution No. 4A-460/2019 dated August 28, 2019 in case No. 4A-460/2019
Arkhangelsk regional court (Arkhangelsk region) - Administrative offenses
To the Rules of the Road indicates that the effect of the sign 6.4 applies only to motorized carriages and cars on which the identification sign "Disabled" is installed. Article 15 of the Federal Law of November 24, 1995 N 181-FZ "On the Social Protection of Disabled Persons in the Russian Federation" provides that at each parking (stop) of vehicles, including ...
Federal Law No. 181-FZ of November 24, 1995
"On social protection of disabled people in the Russian Federation"
(Information about changes)
With changes and additions from:
July 24, 1998, January 4, July 17, 1999, May 27, 2000, June 9, August 8, December 29, 30, 2001, May 29, 2002, January 10, October 23, 2003, August 22, December 29, 2004, December 31, 2005, October 18, November 1, December 1, 2007, March 1, July 14, 23, 2008, April 28, July 24, 2009, December 9, 2010 July 1, 19, November 6, 16, 30, 2011, July 10, 20, December 30, 2012, February 23, May 7, July 2, November 25, December 28, 2013, June 28, July 21, December 1, 2014
Information about changes:
Federal Law No. 122-FZ of August 22, 2004 amended the preamble of this Federal Law, which shall enter into force on January 1, 2005.
See the text of the preamble in the previous edition
This Federal Law defines the state policy in the field of social protection of disabled people in the Russian Federation, the purpose of which is to provide disabled people with equal opportunities with other citizens in exercising civil, economic, political and other rights and freedoms provided for by the Constitution of the Russian Federation, as well as in accordance with generally recognized principles and norms of international law and international treaties of the Russian Federation.
The measures of social protection of persons with disabilities provided for by this Federal Law are expenditure obligations of the Russian Federation, with the exception of measures of social support and social services related to the powers of the state authorities of the constituent entities of the Russian Federation in accordance with the legislation of the Russian Federation.
GUARANTEE:
See comments to the preamble of this Federal Law
Chapter I. General Provisions
Information about changes:
Federal Law No. 419-FZ of December 1, 2014 amended Article 1 of this Federal Law. The amendments shall enter into force on January 1, 2016.
Federal Law No. 122-FZ of August 22, 2004 amended Article 1 of this Federal Law. The amendments shall enter into force on January 1, 2005.
Article 1 The concept of "disabled", the basis for determining the disability group
Disabled person- a person who has a health disorder with a persistent disorder of body functions due to diseases, the consequences of injuries or defects, leading to a limitation of life and causing the need for his social protection.
Life restriction- complete or partial loss of the ability or ability of a person to carry out self-service, move independently, navigate, communicate, control their behavior, learn and engage in work activities.
Depending on the degree of disorder of body functions and limitation of life activity, persons recognized as disabled are disability group, and for persons under the age of 18, a category is established "disabled child".
The recognition of a person as a disabled person is carried out by the federal institution of medical and social expertise. The procedure and conditions for recognizing a person as disabled are established by the Government of the Russian Federation.
GUARANTEE:
See comments to Article 1 of this Federal Law
Information about changes:
Federal Law No. 122-FZ of August 22, 2004 amended Article 2 of this Federal Law. The amendments shall enter into force on January 1, 2005.
See the text of the article in the previous edition
Article 2 The concept of social protection of disabled people
Social protection of disabled people- a system of state-guaranteed economic, legal measures and social support measures that provide disabled people with conditions for overcoming, replacing (compensating) life restrictions and aimed at creating opportunities for them to participate in society on an equal footing with other citizens.
Social support for the disabled- a system of measures that provides social guarantees to disabled people, established by laws and other regulatory legal acts, with the exception of pensions.
GUARANTEE:
See comments to Article 2 of this Federal Law
Article 3 Legislation of the Russian Federation on the social protection of persons with disabilities
The legislation of the Russian Federation on the social protection of persons with disabilities consists of the relevant provisions of the Constitution of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.
If an international treaty (agreement) of the Russian Federation establishes rules other than those provided for by this Federal Law, then the rules of the international treaty (agreement) shall apply.
GUARANTEE:
See comments to Article 3 of this Federal Law
Information about changes:
Federal Law No. 419-FZ of December 1, 2014 supplemented this Federal Law with Article 3.1, which shall enter into force on January 1, 2016.
Information about changes:
Federal Law No. 122-FZ of August 22, 2004 amended Article 4 of this Federal Law. The amendments shall enter into force on January 1, 2005.
See the text of the article in the previous edition
Article 4 Competence of federal state authorities in the field of social protection of disabled people
The jurisdiction of federal government bodies in the field of social protection of persons with disabilities includes:
1) determination of state policy in relation to persons with disabilities;
2) adoption of federal laws and other regulatory legal acts of the Russian Federation on the social protection of persons with disabilities (including those regulating the procedure and conditions for granting the unified federal minimum of social protection measures to persons with disabilities); control over the implementation of the legislation of the Russian Federation on the social protection of persons with disabilities;
3) conclusion of international treaties (agreements) of the Russian Federation on issues of social protection of disabled people;
Information about changes:
Federal Law No. 419-FZ of December 1, 2014 amended Item 4 of Article 4 of this Federal Law. The amendments shall enter into force on January 1, 2016.
4) establishment of general principles for the organization and implementation of medical and social expertise and rehabilitation of disabled people;
5) definition of criteria, establishment of conditions for recognition of a person as a disabled person;
Information about changes:
Federal Law No. 248-FZ of July 19, 2011 reworded Item 6 of Article 4 of this Federal Law, which shall enter into force ninety days after the official publication of the said Federal Law
6) establishment, in accordance with the legislation of the Russian Federation on technical regulation, of mandatory requirements for technical means of rehabilitation, means of communication and informatics, ensuring the accessibility of the living environment for disabled people;
Information about changes:
Federal Law No. 419-FZ of December 1, 2014 amended Item 7 of Article 4 of this Federal Law. The amendments shall enter into force on January 1, 2016.
See the text of the paragraph in a future edition
7) establishment of the procedure for accreditation of organizations, regardless of the organizational and legal forms and forms of ownership, carrying out activities in the field of rehabilitation of disabled people;
Information about changes:
Federal Law No. 419-FZ of December 1, 2014 amended Item 8 of Article 4 of this Federal Law with effect from January 1, 2016.
See the text of the paragraph in a future edition
8) implementation of accreditation of enterprises, institutions and organizations that are in federal ownership, carrying out activities in the field of rehabilitation of disabled people;
9) development and implementation of federal target programs in the field of social protection of disabled people, control over their implementation;
10) approval and financing of the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person;
11) creation of federal institutions of medical and social expertise, control over their activities;
GUARANTEE:
See the List of federal state institutions of medical and social expertise - the main bureaus of medical and social expertise, approved by order of the Government of the Russian Federation of December 16, 2004 N 1646-r
Information about changes:
See the text of article 4, paragraph 12
13) coordination of scientific research, financing of research and development work on the problems of disability and disabled people;
14) development of methodological documents on the issues of social protection of disabled people;
Information about changes:
See the text of article 4, paragraph 15
Information about changes:
Federal Law No. 110-FZ of July 10, 2012 amended Item 16 of Article 4 of this Federal Law
See the text of the paragraph in the previous edition
16) assistance in the work of all-Russian public associations of disabled people and assistance to them;
Information about changes:
See the text of article 4, paragraph 17
Information about changes:
See the text of article 4, paragraph 18
19) formation of indicators of the federal budget for the costs of social protection of disabled people;
Information about changes:
Federal Law No. 419-FZ of December 1, 2014 amended Item 20 of Article 4 of this Federal Law. The amendments shall enter into force on January 1, 2016.
See the text of the paragraph in a future edition
20) establishment of a unified registration system for persons with disabilities in the Russian Federation, including children with disabilities, and the organization, on the basis of this system, of statistical monitoring of the socio-economic situation of persons with disabilities and their demographic composition;
Information about changes:
Federal Law No. 168-FZ of July 2, 2013 supplemented Article 4 of this Federal Law with Clause 21
21) determination of the basic requirements for equipping (equipment) of special workplaces for the employment of disabled people, taking into account the impaired functions and limitations of their life activity.
Information about changes:
Federal Law No. 419-FZ of December 1, 2014 supplemented Article 4 of this Federal Law with Clauses 22 and 23, which shall enter into force on January 1, 2016.
GUARANTEE:
See comments to Article 4 of this Federal Law
Information about changes:
Federal Law No. 199-FZ of December 31, 2005 reworded Article 5 of this Federal Law, which shall enter into force on January 1, 2006.
See the text of the article in the previous edition
Article 5 Participation of state authorities of the constituent entities of the Russian Federation in ensuring social protection and social support for disabled people
State authorities of the constituent entities of the Russian Federation in the field of social protection and social support for persons with disabilities have the right to:
1) participation in the implementation of state policy in relation to persons with disabilities in the territories of the constituent entities of the Russian Federation;
2) adoption in accordance with federal laws of laws and other regulatory legal acts of the subjects of the Russian Federation;
3) participation in setting priorities in the implementation of social policy in relation to persons with disabilities in the territories of the constituent entities of the Russian Federation, taking into account the level of socio-economic development of these territories;
4) development, approval and implementation of regional programs in the field of social protection of persons with disabilities in order to provide them with equal opportunities and social integration into society, as well as the right to exercise control over their implementation;
5) exchanging information with authorized federal executive bodies on the social protection of disabled people and on the provision of social support to them;
6) providing additional measures of social support to disabled people at the expense of the budgets of the constituent entities of the Russian Federation;
Information about changes:
Federal Law No. 419-FZ of December 1, 2014 amended Item 7 of Article 5 of this Federal Law. The amendments shall enter into force on January 1, 2016.
See the text of the paragraph in a future edition
7) promoting the employment of disabled people, including stimulating the creation of special jobs for their employment;
8) carrying out activities for training personnel in the field of social protection of persons with disabilities;
9) financing of scientific research, research and development work in the field of social protection of persons with disabilities;
10) assistance to public associations of disabled people;
Information about changes:
Federal Law No. 169-FZ of July 1, 2011 supplemented Article 5 of this Federal Law with Clause 11, which shall enter into force on July 1, 2011.
GUARANTEE:
The provisions of Clause 11 of Article 5 of this Federal Law (as amended by Federal Law No. 169-FZ of July 1, 2011) were not applied until July 1, 2012 in relation to documents and information used in the framework of public services provided by the executive bodies of state power of the subjects of the Russian Federation or territorial state non-budgetary funds, and municipal services, and in relation to documents and information at the disposal of state bodies of the constituent entities of the Russian Federation, local governments, territorial state extra-budgetary funds or organizations subordinate to state bodies or local governments participating in the provision of state or municipal services
11) sending an interdepartmental request for the submission of documents and information necessary for the provision of state or municipal services and being at the disposal of the bodies providing public services, bodies providing municipal services, other state bodies, local governments or organizations subordinate to state bodies or local governments .
GUARANTEE:
See comments to Article 5 of this Federal Law
Information about changes:
Federal Law No. 419-FZ of December 1, 2014 supplemented this Federal Law with Article 5.1, which shall enter into force on January 1, 2016.
Article 6 Responsibility for causing harm to health that led to disability
For causing harm to the health of citizens that led to disability, the persons guilty of this bear material, civil, administrative and criminal liability in accordance with the legislation of the Russian Federation.
GUARANTEE:
See comments to Article 6 of this Federal Law
Chapter II. Medical and social expertise
Information about changes:
Federal Law No. 419-FZ of December 1, 2014 amended Article 7 of this Federal Law. The amendments shall enter into force on January 1, 2016.
See the text of the article in a future edition
Federal Law No. 160-FZ of July 23, 2008 amended Article 7 of this Federal Law. The amendments shall enter into force on January 1, 2009.
See the text of the article in the previous edition
Article 7 The concept of medical and social expertise
Medical and social expertise- determination, in accordance with the established procedure, of the needs of the examined person in measures of social protection, including rehabilitation, based on an assessment of the limitations of life activity caused by a persistent disorder of body functions.
Medical and social expertise is carried out on the basis of a comprehensive assessment of the state of the body based on an analysis of clinical and functional, social, household, professional and labor, psychological data of the person being examined using classifications and criteria developed and approved in the manner determined by the federal executive body authorized by the Government of the Russian Federation. authorities.
GUARANTEE:
See comments to Article 7 of this Federal Law
Information about changes:
Federal Law No. 419-FZ of December 1, 2014 amended Article 8 of this Federal Law. The amendments shall enter into force on January 1, 2016.
See the text of the article in a future edition
Federal Law No. 160-FZ of July 23, 2008 amended Article 8 of this Federal Law. The amendments shall enter into force on January 1, 2009.
See the text of the article in the previous edition
Article 8 Federal institutions of medical and social expertise
Medical and social expertise is carried out by federal institutions of medical and social expertise, subordinate to the authorized body determined by the Government of the Russian Federation. The procedure for organizing and operating federal institutions of medical and social expertise is determined by the federal executive body authorized by the Government of the Russian Federation.
Information about changes:
See the text of the second part of Article 8
Federal institutions of medical and social expertise are entrusted with:
1) establishment of disability, its causes, timing, time of onset of disability, the needs of a disabled person in various types of social protection;
2) development of individual programs for the rehabilitation of disabled people;
3) study of the level and causes of disability in the population;
4) participation in the development of comprehensive programs for the rehabilitation of people with disabilities, prevention of disability and social protection of people with disabilities;
5) determination of the degree of loss of professional ability to work;
6) determination of the cause of death of a disabled person in cases where the legislation of the Russian Federation provides for the provision of measures of social support to the family of the deceased.
The decision of the institution of medical and social expertise is binding on the relevant state authorities, local governments, as well as organizations, regardless of organizational and legal forms and forms of ownership.
GUARANTEE:
See Administrative regulations for the provision of public services for medical and social examination, approved by order of the Ministry of Labor of Russia dated January 29, 2014 N 59n
See comments to Article 8 of this Federal Law
Information about changes:
Federal Law No. 419-FZ of December 1, 2014 reworded the title of Chapter III of this Federal Law, which shall enter into force on January 1, 2016.
Chapter III. Rehabilitation of the disabled
Information about changes:
Federal Law No. 419-FZ of December 1, 2014 amended Article 9 of this Federal Law. The amendments shall enter into force on January 1, 2016.
See the text of the article in a future edition
Federal Law No. 122-FZ of August 22, 2004 amended Article 9 of this Federal Law. The amendments shall enter into force on January 1, 2005.
See the text of the article in the previous edition
Article 9 The concept of rehabilitation of the disabled
Rehabilitation of the disabled- a system and process of full or partial restoration of the abilities of disabled people for everyday, social and professional activities. Rehabilitation of disabled people is aimed at eliminating or, if possible, more fully compensating for limitations in life activity caused by a health disorder with a persistent disorder of body functions, in order to socially adapt disabled people, achieve their financial independence and integrate them into society.
The main areas of rehabilitation of the disabled include:
restorative medical measures, reconstructive surgery, prosthetics and orthotics, spa treatment;
vocational guidance, training and education, employment assistance, industrial adaptation;
socio-environmental, socio-pedagogical, socio-psychological and socio-cultural rehabilitation, social adaptation;
GUARANTEE:
See order of the Ministry of Health of the Russian Federation of November 25, 2003 N 567 "On improving the medical, social and psychological rehabilitation of disabled children and disabled since childhood"
physical culture and recreation activities, sports.
The implementation of the main directions of the rehabilitation of the disabled provides for the use by the disabled of technical means of rehabilitation, the creation of the necessary conditions for the unimpeded access of the disabled to the objects of engineering, transport, social infrastructure and the use of means of transport, communications and information, as well as providing the disabled and their families with information on the rehabilitation of the disabled.
GUARANTEE:
See comments to Article 9 of this Federal Law
Information about changes:
Federal Law No. 122-FZ of August 22, 2004 reworded Article 10 of this Federal Law, which shall enter into force on January 1, 2005.
See the text of the article in the previous edition
Article 10. Federal list of rehabilitation measures, technical means of rehabilitation and services provided to the disabled
The state guarantees the disabled to carry out rehabilitation measures, receive technical means and services provided for by the federal list of rehabilitation measures, technical means of rehabilitation and services provided to the disabled at the expense of the federal budget.
GUARANTEE:
See the Administrative Regulations for the provision by the Social Insurance Fund of the Russian Federation of state services to provide disabled people with technical means of rehabilitation and (or) services and certain categories of citizens from among veterans with prostheses (except for dentures), prosthetic and orthopedic products, as well as for the payment of compensation for self-acquired by disabled technical means of rehabilitation (for veterans, prostheses (except dentures), prosthetic and orthopedic products) and (or) paid services and annual monetary compensation for the expenses of disabled people for the maintenance and veterinary care of guide dogs, approved by order of the Ministry of Health and Social Development of Russia dated September 14, 2011 N 1041n
The federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person is approved by the Government of the Russian Federation.
GUARANTEE:
See comments to Article 10 of this Federal Law
Information about changes:
Federal Law No. 419-FZ of December 1, 2014 amended Article 11 of this Federal Law. The amendments shall enter into force on January 1, 2016.
See the text of the article in a future edition
Federal Law No. 351-FZ of December 9, 2010 amended Article 11 of this Federal Law. The amendments shall enter into force on February 1, 2011.
See the text of the article in the previous edition
GUARANTEE:
See the Form of the program for the rehabilitation of a victim of an accident at work and an occupational disease, approved by Decree of the Ministry of Labor of the Russian Federation of July 18, 2001 N 56
Article 11 Individual rehabilitation program for the disabled
Individual rehabilitation program for a disabled person - developed on the basis of a decision of the authorized body that manages federal institutions of medical and social expertise, a set of rehabilitation measures that are optimal for a disabled person, including certain types, forms, volumes, terms and procedures for the implementation of medical, professional and other rehabilitation measures, aimed at restoring, compensating for impaired or lost functions of the body, restoring, compensating for the ability of a disabled person to perform certain types of activities.
An individual rehabilitation program for a disabled person is mandatory for execution by the relevant state authorities, local governments, as well as organizations, regardless of organizational and legal forms and forms of ownership.
The individual rehabilitation program for a disabled person contains both rehabilitation measures provided to a disabled person with exemption from payment in accordance with the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person, and rehabilitation measures in which the disabled person himself or other persons or organizations independently participate in the payment. from organizational and legal forms and forms of ownership.
The volume of rehabilitation measures provided for by an individual rehabilitation program for a disabled person cannot be less than that established by the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person.
An individual rehabilitation program is advisory in nature for a disabled person, he has the right to refuse one or another type, form and volume of rehabilitation measures, as well as from the implementation of the program as a whole. A disabled person has the right to independently decide on providing himself with a specific technical means of rehabilitation or type of rehabilitation, including wheelchairs, prosthetic and orthopedic products, printed publications with a special font, sound-amplifying equipment, signaling devices, video materials with subtitles or sign language translation, and other similar means.
GUARANTEE:
Disabled persons who, in accordance with this Federal Law, purchased at their own expense a technical means of rehabilitation and (or) paid for the service before February 1, 2011, are paid compensation in accordance with Federal Law No. 181-FZ of November 24, 1995 (as amended by valid until the date of entry into force of the Federal Law of December 9, 2010 N 351-FZ) regardless of the date of application for this compensation
If the technical means of rehabilitation and (or) service provided for by the individual rehabilitation program cannot be provided to the disabled person, or if the disabled person has acquired the appropriate technical means of rehabilitation and (or) paid for the service at his own expense, he shall be paid compensation in the amount of the cost of the acquired technical means of rehabilitation and (or) of the rendered service, but not more than the cost of the corresponding technical means of rehabilitation and (or) services provided in the manner established by part fourteen of Article 11.1 of this Federal Law. The procedure for paying such compensation, including the procedure for determining its amount and the procedure for informing citizens about the amount of this compensation, is determined by the federal executive body that develops state policy and legal regulation in the field of healthcare and social development.
GUARANTEE:
See the List of technical means used exclusively for the prevention of disability or the rehabilitation of persons with disabilities, the sale of which is not subject to value added tax, approved by Decree of the Government of the Russian Federation of December 21, 2000 N 998
See the indicative list of technical and other means of rehabilitation of victims of accidents at work and occupational diseases and the terms of their operation, sent by letter of the FSS of the Russian Federation dated February 5, 2002 N 02-18 / 10-783
The refusal of a disabled person (or a person representing his interests) from an individual rehabilitation program as a whole or from the implementation of its individual parts releases the relevant state authorities, local governments, as well as organizations, regardless of organizational and legal forms and forms of ownership, from responsibility for its implementation and does not give the disabled person the right to receive compensation in the amount of the cost of rehabilitation measures provided free of charge.
GUARANTEE:
For the approval of the forms of an individual rehabilitation program for a disabled person, an individual rehabilitation program for a disabled child issued by federal state institutions of medical and social expertise, the procedure for their development and implementation, see Order of the Ministry of Health and Social Development of the Russian Federation dated August 4, 2008 N 379n
See comments to Article 11 of this Federal Law
Information about changes:
Federal Law No. 419-FZ of December 1, 2014 amended Article 11.1 of this Federal Law. The amendments shall enter into force on January 1, 2016.
See the text of the article in a future edition
Federal Law No. 355-FZ of November 30, 2011 amended Article 11.1 of this Federal Law. The amendments shall enter into force on January 1, 2012.
See the text of the article in the previous edition
Article 11.1. Technical means of rehabilitation of the disabled
The technical means of rehabilitation of the disabled include devices containing technical solutions, including special ones, used to compensate or eliminate persistent restrictions on the life of a disabled person.
The technical means of rehabilitation of the disabled are:
Information about changes:
See the text of the second paragraph of the second part of Article 11.1
special means for self-service;
special care products;
special means for orientation (including guide dogs with a set of equipment), communication and information exchange;
special facilities for teaching, education (including literature for the blind) and employment;
prosthetic products (including prosthetic and orthopedic products, orthopedic shoes and special clothing, eye prostheses and hearing aids);
special training and sports equipment, sports equipment;
special means of transportation (wheelchairs).
The decision to provide disabled people with technical means of rehabilitation is made when medical indications and contraindications are established.
Medical indications and contraindications are established on the basis of an assessment of persistent disorders of body functions due to diseases, consequences of injuries and defects.
According to medical indications and contraindications, it is necessary to provide the disabled person with technical means of rehabilitation that provide compensation or elimination of persistent restrictions on the life of the disabled person.
Information about changes:
See the text of the sixth and seventh parts of Article 11.1
Financing of expenditure obligations to provide disabled people with technical means of rehabilitation, including the manufacture and repair of prosthetic and orthopedic products, is carried out at the expense of the federal budget and the Social Insurance Fund of the Russian Federation.
Information about changes:
See the text of parts nine - eleven of Article 11.1
The technical means of rehabilitation provided for by individual programs for the rehabilitation of disabled people, provided to them at the expense of the federal budget and the Social Insurance Fund of the Russian Federation, are transferred to disabled people for free use.
Additional funds for financing the expenses for the technical means of rehabilitation of the disabled provided for by this article may be obtained from other sources not prohibited by law.
Technical means of rehabilitation are provided to disabled people at their place of residence by authorized bodies in the manner determined by the Government of the Russian Federation, the Social Insurance Fund of the Russian Federation, as well as other interested organizations.
The list of indications and contraindications for providing the disabled with technical means of rehabilitation is determined by the federal executive body authorized by the Government of the Russian Federation.
GUARANTEE:
See the Rules for providing disabled people with technical means of rehabilitation and certain categories of citizens from among veterans with prostheses (except for dentures), prosthetic and orthopedic products, approved by Decree of the Government of the Russian Federation of April 7, 2008 N 240
See the Federal List of Rehabilitation Measures, Technical Means of Rehabilitation and Services Provided to a Disabled Person, approved by Decree of the Government of the Russian Federation of December 30, 2005 N 2347-r
The annual monetary compensation for the disabled for the maintenance and veterinary care of guide dogs is set at 17,420 rubles.
The amount of annual monetary compensation to disabled people for the maintenance and veterinary care of guide dogs is increased (indexed) in accordance with the federal law on the federal budget for the corresponding year and for the planned period, taking into account the level of inflation (consumer prices). The decision to increase (indexation) of the specified annual monetary compensation is made by the Government of the Russian Federation.
The procedure for paying annual monetary compensation to disabled people for the costs of maintaining and veterinary care of guide dogs is determined by the Government of the Russian Federation.
GUARANTEE:
See comments to Article 11.1 of this Federal Law
Information about changes:
See the text of Article 12
Chapter IV. Ensuring the life of the disabled
GUARANTEE:
See GOST R 53059-2008 “Social services to the population. Social Services for the Disabled", approved by order of the Federal Agency for Technical Regulation and Metrology of December 17, 2008 N 436-st
See GOST R 52884-2007 “Social services to the population. The procedure and conditions for the provision of social services to elderly citizens and the disabled”, approved by order of the Federal Agency for Technical Regulation and Metrology of December 27, 2007 N 562-st
Information about changes:
Federal Law No. 122-FZ of August 22, 2004 amended Article 13 of this Federal Law, which shall enter into force on January 1, 2005.
See the text of the article in the previous edition
Article 13 Medical assistance to the disabled
The provision of qualified medical care to disabled people is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation within the framework of the program of state guarantees for the provision of free medical care to citizens of the Russian Federation.
Information about changes:
See the text of the second and third parts of Article 13
GUARANTEE:
See comments to Article 13 of this Federal Law
Information about changes:
Federal Law No. 185-FZ of July 2, 2013 amended Article 14 of this Federal Law. The amendments shall enter into force on September 1, 2013.
See the text of the article in the previous edition
Article 14 Ensuring unhindered access to information for persons with disabilities
The state guarantees the disabled person the right to receive the necessary information. Ensuring the publication of literature for the visually impaired is an expense obligation of the Russian Federation. The acquisition of periodical, scientific, educational, methodological, reference and informational and fiction literature for the disabled, including those published on tape cassettes and Braille, for educational organizations and libraries under the jurisdiction of the constituent entities of the Russian Federation, and municipal educational organizations is the expenditure obligation of the constituent entities of the Russian Federation, for municipal libraries - the expenditure obligation of the local government. The acquisition of the literature specified in this part for federal state educational organizations and libraries is an expense obligation of the Russian Federation.
Russian Sign Language is recognized as the language of communication in the presence of hearing and (or) speech impairments, including in the areas of oral use of the state language of the Russian Federation. A system of subtitling or sign language translation of television programs, films and videos is being introduced. Translation of Russian sign language (sign language interpreting, tiflo sign language interpreter) is carried out by Russian sign language interpreters (sign language interpreters, tiflo sign language interpreters) who have the appropriate education and qualifications. The procedure for the provision of services for the translation of Russian sign language (sign language translation, typhlo-sign language translation) is determined by the Government of the Russian Federation.
Authorized bodies provide assistance to persons with disabilities in obtaining services for sign language translation, typhlo-signal translation, provision of sign language equipment, and provision of typhlo-means.
GUARANTEE:
See the Rules for the provision of sign language interpretation services to persons with disabilities at the expense of the federal budget, approved by Decree of the Government of the Russian Federation of September 25, 2007 N 608
State authorities and local governments create conditions in subordinate institutions for the hearing impaired to receive translation services using Russian Sign Language.
Training, advanced training and professional retraining of teachers and interpreters of the Russian sign language, development of the Russian sign language are provided.
GUARANTEE:
See comments to Article 14 of this Federal Law
Information about changes:
Federal Law No. 267-FZ of July 21, 2014 supplemented this Federal Law with Article 14.1, which shall enter into force ninety days after the official publication of the said Federal Law
Article 14.1. Participation of the visually impaired in the implementation of operations using facsimile reproduction of a handwritten signature
When a credit institution carries out operations to receive, issue, exchange, exchange cash, or when a legal entity that is not a credit institution or an individual entrepreneur (hereinafter referred to as a business entity) performs operations to receive, issue cash, a visually impaired person has the right to use when participating in the implementation of these operations, a facsimile reproduction of his handwritten signature, affixed using a mechanical copying tool.
In order to exercise this right, a visually impaired person, when a credit institution carries out operations for receiving, issuing, exchanging, exchanging cash, or when a business entity performs operations for receiving, issuing cash, shall submit:
1) an identity document;
2) a notarial certificate confirming the identity of the handwritten signature of a visually impaired person with a facsimile reproduction of his handwritten signature, issued in the manner prescribed by the legislation on notaries;
3) a certificate confirming the fact of establishing a visual disability and issued by the federal state institution of medical and social expertise, in the form approved by the authorized federal executive body.
When a credit institution carries out operations to accept, issue, exchange, exchange cash, or when a business entity performs operations to receive, issue cash, employees of the credit institution or employees of the business entity specified by the administrative document of the credit institution or business entity and do not those who carry out these operations, bring to the attention of the visually impaired person, if he uses a facsimile reproduction of a handwritten signature, information about the nature of the operation being carried out and the amount of the operation in the manner established by the Central Bank of the Russian Federation.
Information about changes:
Federal Law No. 419-FZ of December 1, 2014 reworded Article 15 of this Federal Law, which shall enter into force on January 1, 2016.
See the text of the article in a future edition
GUARANTEE:
In accordance with Article 35 of this Federal Law and Decree of the Government of the Russian Federation No. 1449 of December 7, 1996, Article 15 shall enter into force on January 1, 1999.
Article 15 Ensuring unhindered access for people with disabilities to social infrastructure facilities
The Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, local governments and organizations, regardless of organizational and legal forms, create conditions for people with disabilities (including people with disabilities who use wheelchairs and guide dogs) for unhindered access to social infrastructure facilities (residential, public and industrial buildings, buildings and structures, sports facilities, recreational facilities, cultural and entertainment and other institutions), as well as for the unhindered use of railway, air, water, intercity road transport and all types of urban and suburban passenger transport, communications and information (including means providing duplication of light signals of traffic lights and devices regulating the movement of pedestrians through transport communications with sound signals).
Planning and development of cities, other settlements, formation of residential and recreational areas, development of design solutions for new construction and reconstruction of buildings, structures and their complexes, as well as the development and production of public vehicles, communications and information without adapting these objects for access disabled people are not allowed to access them and their use by disabled people is not allowed.
State and municipal expenditures on the development and production of vehicles taking into account the needs of disabled people, the adaptation of vehicles, communication and information facilities for unimpeded access to them by disabled people and their use by disabled people, the creation of conditions for disabled people for unhindered access to engineering, transport and social infrastructure facilities are carried out in within the limits of appropriations annually provided for these purposes in the budgets of all levels. Expenses for carrying out these activities that are not related to state and municipal expenses are carried out at the expense of other sources not prohibited by the legislation of the Russian Federation.
GUARANTEE:
See the Rules for reimbursement to telecom operators of expenses incurred by them in 2004 in connection with the provision of benefits for paying for communication services to veterans and the disabled, whose pensions are provided by pension bodies of federal executive bodies that provide for military and equivalent service, approved by a government decree Russian Federation of December 10, 2003 N 748
Information about changes:
See the text of the fourth part of Article 15
In cases where the existing facilities cannot be fully adapted to the needs of the disabled, the owners of these facilities must take measures in agreement with public associations of the disabled to ensure that the minimum needs of the disabled are met.
Enterprises, institutions and organizations providing transport services to the population provide equipment with special devices for stations, airports and other facilities that allow disabled people to freely use their services. Organizations of the machine-building complex engaged in the production of vehicles, as well as organizations, regardless of organizational and legal forms, providing transport services to the population, provide the equipment of these vehicles with special devices and devices in order to create conditions for disabled people for the unhindered use of these vehicles.
Places for the construction of a garage or parking for technical and other vehicles are provided to disabled people out of turn near their place of residence, taking into account urban planning standards.
Information about changes:
See the text of the eighth part of Article 15
At each parking lot (stop) of motor vehicles, including those near trade enterprises, services, medical, sports, cultural and entertainment institutions, at least 10 percent of places (but not less than one place) are allocated for parking special vehicles of disabled people who are not must be occupied by other vehicles. Disabled people use the parking spaces for special vehicles free of charge.
GUARANTEE:
See comments to Article 15 of this Federal Law
Information about changes:
Federal Law No. 419-FZ of December 1, 2014 reworded the title of Article 16 of this Federal Law, which shall enter into force on January 1, 2016.
See title text in a future edition
Federal Law No. 122-FZ of August 22, 2004 amended Article 16 of this Federal Law. The amendments shall enter into force on January 1, 2005.
See the text of the article in the previous edition
In accordance with Article 35 of this Federal Law and Decree of the Government of the Russian Federation No. 1449 of December 7, 1996, Article 16 shall enter into force on January 1, 1999.
Article 16 Responsibility for evasion from fulfilling the requirements for creating conditions for disabled people for unhindered access to engineering, transport and social infrastructure facilities
Legal entities and officials for evading the fulfillment of the requirements stipulated by this Federal Law, other federal laws and other regulatory legal acts for creating conditions for persons with disabilities for unhindered access to engineering, transport and social infrastructure facilities, as well as for unhindered use of railway, air, water, intercity road transport and all types of urban and suburban passenger transport, means of communication and information bear administrative responsibility in accordance with the legislation of the Russian Federation.
Part two is no longer valid.
Information about changes:
See the text of the second part of Article 16
GUARANTEE:
See comments to Article 16 of this Federal Law
Information about changes:
Federal Law No. 419-FZ of December 1, 2014 amended Article 17 of this Federal Law. The amendments shall enter into force on January 1, 2016.
See the text of the article in a future edition
Federal Law No. 124-FZ of July 20, 2012 amended Article 17 of this Federal Law
See the text of the article in the previous edition
Article 17. Providing disabled people with living space
Disabled persons and families with disabled children who need to improve their living conditions are registered and provided with living quarters in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
The provision of housing at the expense of the federal budget to disabled people and families with disabled children in need of better housing conditions, registered before January 1, 2005, is carried out in accordance with the provisions of Article 28.2 of this Federal Law.
Disabled persons and families with disabled children who are in need of better housing conditions and registered after January 1, 2005 are provided with housing in accordance with the housing legislation of the Russian Federation.
Determining the procedure for providing residential premises (under a social tenancy agreement or in ownership) to citizens in need of improved housing conditions, registered before January 1, 2005, is established by the legislation of the constituent entities of the Russian Federation.
Living quarters are provided to the disabled, families with disabled children, taking into account the state of health and other circumstances worthy of attention.
Disabled persons may be provided with housing under a social tenancy agreement with a total area exceeding the provision rate per person (but not more than twice), provided that they suffer from severe forms of chronic diseases provided for in the list established by the federal body authorized by the Government of the Russian Federation executive power.
GUARANTEE:
See the List of diseases that give disabled people suffering from them the right to additional living space, approved by Decree of the Government of the Russian Federation of December 21, 2004 N 817
The payment for a dwelling (payment for social rent, as well as for the maintenance and repair of a dwelling) provided to a disabled person under a social tenancy agreement in excess of the norm for providing the area of living quarters, is determined based on the occupied total area of the living quarters in a single amount, taking into account the benefits provided.
Residential premises occupied by disabled people are equipped with special facilities and devices in accordance with the individual program for the rehabilitation of a disabled person.
Disabled persons living in stationary social service institutions and wishing to receive housing under a social tenancy agreement are subject to registration for improving their living conditions, regardless of the size of the occupied area and are provided with housing on an equal basis with other disabled people.
Disabled children living in stationary social service institutions, who are orphans or left without parental care, upon reaching the age of 18, are subject to provision with living quarters out of turn, if the individual rehabilitation program for a disabled person provides for the possibility of self-service and leading an independent lifestyle.
The residential premises of the state or municipal housing stock occupied by a disabled person under a social contract of employment, when the disabled person is placed in a stationary social service institution, shall be retained by him for six months.
Specially equipped living quarters of the state or municipal housing stock, occupied by disabled people under a social contract of employment, upon their release, are populated first of all by other disabled people who need to improve their living conditions.
Disabled people and families with disabled children are provided with a discount of at least 50 percent on the payment for state or municipal housing stock and utility bills (regardless of the ownership of the housing stock), and in residential buildings that do not have central heating - on the cost of fuel purchased within the limits established for sale to the public.
Disabled people and families with disabled people are given the right to receive land plots for individual housing construction, maintenance of subsidiary and summer cottages and gardening as a matter of priority.
GUARANTEE:
On the provision of benefits to disabled people and families with disabled children, to provide them with living quarters, pay for housing and utilities, see Decree of the Government of the Russian Federation of July 27, 1996 N 901
See comments to Article 17 of this Federal Law
Information about changes:
See the text of article 18
Information about changes:
Federal Law No. 419-FZ of December 1, 2014 amended Article 19 of this Federal Law. The amendments shall enter into force on January 1, 2016.
See the text of the article in a future edition
Federal Law No. 185-FZ of July 2, 2013 reworded Article 19 of this Federal Law, which shall enter into force on September 1, 2013.
See the text of the article in the previous edition
Article 19 Education for the Disabled
The state supports the education of persons with disabilities and guarantees the creation of the necessary conditions for persons with disabilities to receive it.
Support for general education, vocational education and vocational training for persons with disabilities aims to:
1) the exercise by them of human rights and freedoms on an equal basis with other citizens;
2) development of personality, individual abilities and capabilities;
3) integration into society.
The bodies exercising management in the field of education and educational organizations, together with the bodies of social protection of the population and health authorities, ensure that disabled people receive public and free pre-school, primary general, basic general, secondary general education and secondary vocational education, as well as free higher education.
General education, vocational education and vocational training of persons with disabilities are carried out in accordance with adapted educational programs and individual programs for the rehabilitation of persons with disabilities.
Bodies exercising management in the field of education and organizations engaged in educational activities provide disabled people and their parents (legal representatives) with information on the issues of general education, vocational education, vocational training and rehabilitation of disabled people.
State authorities and organizations engaged in educational activities provide psychological and pedagogical support when disabled people receive education, including when children with disabilities receive general education at home and in the form of family education.
The necessary conditions are created for disabled people to receive education in organizations that carry out educational activities for the implementation of basic general educational programs, in which special conditions have been created for students with disabilities to receive education, as well as in individual organizations that carry out educational activities according to adapted basic general educational programs.
If it is impossible to educate children with disabilities in basic general education programs in organizations engaged in educational activities, the bodies that manage education, with the consent of the parents (legal representatives) of children with disabilities, organize the training of children with disabilities in basic general education programs at home. The basis for organizing the education of disabled children at home is a written request from their parents (legal representatives) and the conclusion of a medical organization, issued in the manner and on the conditions that are determined by the federal executive body that develops and implements state policy and legal regulation in the healthcare sector.
The list of diseases, the presence of which gives the right to study in basic general education programs at home, is approved by the federal executive body authorized by the Government of the Russian Federation.
The procedure for regulating and formalizing relations between a state or municipal educational organization and parents (legal representatives) of disabled children in terms of organizing training in basic general education programs at home is established by a regulatory legal act of the authorized state authority of a constituent entity of the Russian Federation. The amount of compensation for the expenses of parents (legal representatives) of disabled children for these purposes is determined by the laws and other regulatory legal acts of the constituent entities of the Russian Federation and are expenditure obligations of the constituent entities of the Russian Federation.
GUARANTEE:
See comments to Article 19 of this Federal Law
Information about changes:
Federal Law No. 419-FZ of December 1, 2014 amended Article 20 of this Federal Law. The amendments shall enter into force on January 1, 2016.
See the text of the article in a future edition
Article 20 Employment for the disabled
Persons with disabilities are guaranteed employment by the federal state authorities, state authorities of the constituent entities of the Russian Federation through the following special measures that contribute to increasing their competitiveness in the labor market:
Information about changes:
See the text of paragraph 1 of Article 20
2) establishment in organizations, regardless of organizational and legal forms and forms of ownership, of a quota for hiring disabled people and a minimum number of special jobs for disabled people;
3) reservation of jobs in professions most suitable for the employment of disabled people;
4) stimulating the creation by enterprises, institutions, organizations of additional jobs (including special ones) for the employment of disabled people;
GUARANTEE:
5) creating working conditions for disabled people in accordance with individual programs for the rehabilitation of disabled people;
6) creating conditions for entrepreneurial activity of disabled people;
7) organizing training for disabled people in new professions.
GUARANTEE:
The procedure for the participation of elderly citizens and disabled people living in stationary social service institutions in medical and labor activities was approved by Decree of the Government of the Russian Federation of December 26, 1995 N 1285
See the List of priority professions for workers and employees, the mastery of which gives disabled people the greatest opportunity to be competitive in regional labor markets, approved by the Decree of the Ministry of Labor of the Russian Federation of September 8, 1993 N 150
See comments to Article 20 of this Federal Law
Information about changes:
Federal Law No. 421-FZ of December 28, 2013 amended Article 21 of this Federal Law. The amendments shall enter into force on January 1, 2014.
See the text of the article in the previous edition
Article 21 Establishment of a quota for the employment of persons with disabilities
For employers with more than 100 employees, the legislation of the subject of the Russian Federation establishes a quota for hiring disabled people in the amount of 2 to 4 percent of the average number of employees. For employers whose number of employees is not less than 35 people and not more than 100 people, the legislation of the subject of the Russian Federation may establish a quota for hiring disabled people in the amount of not more than 3 percent of the average number of employees.
GUARANTEE:
See the certificate of quotas for hiring disabled people and other categories of workers whom the employer is obliged to employ in the organization
When calculating the quota for hiring disabled people, the average number of employees does not include employees whose working conditions are classified as harmful and (or) dangerous working conditions based on the results of attestation of workplaces for working conditions or the results of a special assessment of working conditions.
If the employers are public associations of the disabled and organizations formed by them, including business partnerships and companies whose authorized (share) capital consists of the contribution of the public association of the disabled, these employers are exempted from compliance with the established quota for hiring disabled people.
GUARANTEE:
See comments to Article 21 of this Federal Law
Information about changes:
Federal Law No. 168-FZ of July 2, 2013 amended Article 22 of this Federal Law
See the text of the article in the previous edition
GUARANTEE:
Article 22 Special jobs for the employment of disabled people
Special workplaces for the employment of disabled people are workplaces that require additional measures for the organization of labor, including the adaptation of basic and auxiliary equipment, technical and organizational equipment, additional equipment and provision of technical devices, taking into account the individual capabilities of disabled people. Special workplaces for the employment of disabled people are equipped (equipped) by employers, taking into account the impaired functions of disabled people and restrictions on their life activity in accordance with the basic requirements for such equipment (equipment) of these workplaces, determined by the federal executive body responsible for the development and implementation of state policy and legal regulation in the sphere of labor and social protection of the population.
The minimum number of special jobs for the employment of disabled people is established by the executive authorities of the constituent entities of the Russian Federation for each enterprise, institution, organization within the established quota for hiring disabled people.
Information about changes:
See the text of the third and fourth parts of Article 22
GUARANTEE:
On the requirements for organizing jobs for the disabled, see also SP 2.2.9.2510-09, approved by the Decree of the Chief State Sanitary Doctor of the Russian Federation of May 18, 2009 N 30
See comments to Article 22 of this Federal Law
Information about changes:
Federal Law No. 419-FZ of December 1, 2014 amended Article 23 of this Federal Law. The amendments shall enter into force on January 1, 2016.
See the text of the article in a future edition
Federal Law No. 74-FZ of June 9, 2001 amended Article 23 of this Federal Law
See the text of the article in the previous edition
Article 23 Working conditions for people with disabilities
GUARANTEE:
Disabled people employed in organizations, regardless of organizational and legal forms and forms of ownership, are provided with the necessary working conditions in accordance with an individual program for the rehabilitation of a disabled person.
It is not allowed to establish in collective or individual labor contracts the working conditions of disabled people (remuneration, working hours and rest time, the duration of annual and additional paid holidays, etc.), which worsen the situation of disabled people in comparison with other workers.
For disabled people of groups I and II, a reduced working time of no more than 35 hours per week is established with full pay.
Involvement of disabled people in overtime work, work on weekends and at night is allowed only with their consent and provided that such work is not prohibited to them for health reasons.
Disabled persons are granted annual leave of at least 30 calendar days.
GUARANTEE:
See comments to Article 23 of this Federal Law
Information about changes:
Federal Law No. 419-FZ of December 1, 2014 amended Article 24 of this Federal Law. The amendments shall enter into force on January 1, 2016.
See the text of the article in a future edition
Federal Law No. 11-FZ of February 23, 2013 amended Article 24 of this Federal Law
See the text of the article in the previous edition
Article 24 Rights, duties and responsibilities of employers in providing employment for disabled people
Employers have the right to request and receive information necessary when creating special jobs for the employment of disabled people.
Employers, in accordance with the established quota for hiring disabled people, are obliged to:
1) create or allocate jobs for the employment of persons with disabilities and adopt local regulations containing information about these jobs;
GUARANTEE:
Clause 2 of the second part of Article 24 of this Federal Law shall enter into force on January 1, 1996.
2) create working conditions for the disabled in accordance with the individual rehabilitation program for the disabled;
3) to provide, in accordance with the established procedure, the information necessary for the organization of employment of disabled people.
Information about changes:
See the text of the third part of Article 24
GUARANTEE:
See comments to Article 24 of this Federal Law
Information about changes:
See the text of Article 25
Information about changes:
See the text of Article 26
Article 27 Material support for the disabled
The material support of the disabled includes cash payments on various grounds (pensions, allowances, insurance payments in case of health risk insurance, payments to compensate for harm caused to health, and other payments), compensation in cases established by the legislation of the Russian Federation.
Information about changes:
See the text of the second part of Article 27
GUARANTEE:
See comments to Article 27 of this Federal Law
Information about changes:
Federal Law No. 160-FZ of July 23, 2008 amended Article 28 of this Federal Law. The amendments shall enter into force on January 1, 2009.
See the text of the article in the previous edition
Article 28 Social services for the disabled
GUARANTEE:
On social services for the disabled, see also Federal Law No. 195-FZ of December 10, 1995
Social services for the disabled are carried out in the manner and on the grounds determined by the state authorities of the constituent entities of the Russian Federation with the participation of public associations of the disabled.
The executive authorities of the constituent entities of the Russian Federation create special social services for the disabled, including those for the delivery of food and industrial goods to the disabled, and approve a list of diseases of the disabled, for which they are entitled to preferential services.
Disabled people in need of outside care and assistance are provided with medical and household services at home or in stationary institutions. The conditions for the stay of persons with disabilities in a stationary social service institution must ensure the possibility for persons with disabilities to exercise their rights and legitimate interests in accordance with this Federal Law and contribute to the satisfaction of their needs.
GUARANTEE:
Disabled people are provided with the necessary means of telecommunication services, special telephone sets (including those for subscribers with hearing impairments), public call centers for collective use.
Information about changes:
See the text of the fifth part of Article 28
Disabled people are provided with household appliances, typhlo-, deaf- and other means necessary for their social adaptation.
Maintenance and repair of technical means of rehabilitation of the disabled are carried out out of turn with exemption from payment or on preferential terms.
The procedure for the provision of services for the maintenance and repair of technical means of rehabilitation of the disabled is determined by the federal executive body authorized by the Government of the Russian Federation.
GUARANTEE:
See comments to Article 28 of this Federal Law
Information about changes:
Federal Law No. 122-FZ of August 22, 2004 (as amended by Federal Law No. 199-FZ of December 29, 2004) supplemented this Federal Law with Article 28.1, which shall enter into force on January 1, 2005.
Article 28.1. Monthly allowance for people with disabilities
- Disabled persons and children with disabilities are entitled to a monthly cash payment in the amount and in the manner established by this article.
Information about changes:
Federal Law No. 213-FZ of July 24, 2009 reworded Part 2 of Article 28.1 of this Federal Law, which shall enter into force on January 1, 2010.
- The monthly payment is set at:
1) disabled people of group I - 2,162 rubles;
2) disabled people of group II, disabled children - 1,544 rubles;
3) disabled persons of group III - 1,236 rubles.
- If a citizen simultaneously has the right to a monthly cash payment under this Federal Law and another federal law or other regulatory legal act, regardless of the basis on which it is established (except for cases of establishing a monthly cash payment in accordance with the Law of the Russian Federation "On the Social Protection of Citizens exposed to radiation as a result of the Chernobyl disaster" (as amended by the Law of the Russian Federation of June 18, 1992 N 3061-1), Federal Law of January 10, 2002 N 2-FZ "On social guarantees for citizens exposed to radiation due to nuclear tests at the Semipalatinsk test site”), he is provided with one monthly cash payment either under this Federal Law, or under another federal law or other regulatory legal act at the choice of a citizen.
Information about changes:
Federal Law No. 213-FZ of July 24, 2009 amended Part 4 of Article 28.1 of this Federal Law. The amendments shall enter into force on January 1, 2010.
See the text of the part in the previous edition
- The amount of the monthly cash payment is subject to indexation once a year from April 1 of the current year based on the forecast level of inflation established by the federal law on the federal budget for the corresponding financial year and for the planning period.
- The monthly cash payment is established and paid by the territorial body of the Pension Fund of the Russian Federation.
Information about changes:
Federal Law No. 419-FZ of December 1, 2014 amended Part 6 of Article 28.1 of this Federal Law. The amendments shall enter into force on January 1, 2016.
See the text of the part in a future edition
- The monthly cash payment is carried out in the manner determined by the federal executive body responsible for the development of state policy and regulatory legal regulation in the field of healthcare and social development.
- Part of the amount of the monthly cash payment may be directed to finance the provision of social services to a disabled person in accordance with the Federal Law of July 17, 1999 N 178-ФЗ “On State Social Assistance”.
GUARANTEE:
See comments to Article 28.1 of this Federal Law
Information about changes:
Federal Law No. 200-FZ of June 28, 2014 amended Article 28.2 of this Federal Law
See the text of the article in the previous edition
Article 28.2. Provision of social support measures for disabled people to pay for housing and utilities, as well as to provide housing for disabled people and families with disabled children
The Russian Federation transfers to the state authorities of the constituent entities of the Russian Federation the authority to provide measures of social support for persons with disabilities to pay for housing and utilities and to provide housing for persons with disabilities and families with children with disabilities who need to improve their living conditions, registered before January 1, 2005 .
Funds for the implementation of delegated powers to provide these measures of social support are provided in the federal budget in the form of subventions.
The volume of subventions from the federal budget to the budgets of the constituent entities of the Russian Federation is determined by:
on payment of housing and communal services based on the number of persons entitled to these measures of social support; approved by the Government of the Russian Federation of the federal standard for the maximum cost of housing and communal services provided per 1 square meter of total housing area per month and the federal standard for the social norm of housing area used to calculate interbudgetary transfers, as well as the minimum amount of contribution for capital repairs of the general property in an apartment building;
to provide housing for disabled people and families with disabled children, based on the number of persons eligible for these social support measures; the total area of housing is 18 square meters and the average market value of 1 square meter of the total area of housing in the constituent entity of the Russian Federation, established by the federal executive body authorized by the Government of the Russian Federation.
Subventions are credited in accordance with the procedure established for the execution of the federal budget to the accounts of the budgets of the constituent entities of the Russian Federation.
The procedure for spending and accounting for funds for the provision of subventions is established by the Government of the Russian Federation.
The form of providing these measures of social support is determined by the regulatory legal acts of the subject of the Russian Federation.
State authorities of the subjects of the Russian Federation quarterly submit to the federal executive body responsible for the development of a unified state financial, credit, monetary policy, a report on the spending of the provided subventions indicating the number of persons entitled to these social support measures, categories of recipients of social support measures, and to the federal executive body that develops a unified state policy in the field of healthcare, social development, labor and consumer protection - a list of persons who have been provided with social support measures, indicating the categories of recipients, the grounds for receiving social support measures, the size of the occupied area and cost provided or purchased housing. If necessary, additional reporting data shall be submitted in the manner determined by the Government of the Russian Federation.
Funds for the implementation of these powers are targeted and cannot be used for other purposes.
In the event that the funds are used for other than their intended purpose, the authorized federal executive body shall have the right to collect the said funds in the manner established by the legislation of the Russian Federation.
Control over the spending of funds is carried out by the federal executive body exercising the functions of control and supervision in the financial and budgetary sphere, the federal executive body exercising the functions of control and supervision in the field of healthcare and social development, the Accounts Chamber of the Russian Federation.
The state authorities of the constituent entities of the Russian Federation shall have the right to vest local self-government bodies with the powers to provide measures of social support specified in part one of this article by the laws of the constituent entities of the Russian Federation.
GUARANTEE:
See comments to Article 28.2 of this Federal Law
Information about changes:
See the text of Article 29
Information about changes:
See the text of Article 30
Information about changes:
Federal Law No. 122-FZ of August 22, 2004 amended Article 31 of this Federal Law. The amendments shall enter into force on January 1, 2005.
See the text of the article in the previous edition
Article 31 The procedure for maintaining social protection measures established for persons with disabilities
Information about changes:
See the text of the first and second parts of Article 31
In cases where other legal acts for disabled persons provide for norms that increase the level of social protection of disabled people in comparison with this Federal Law, the provisions of these legal acts shall apply. If a disabled person is entitled to the same measure of social protection under this Federal Law and at the same time under another legal act, the measure of social protection is provided either under this Federal Law or under another legal act (regardless of the basis for establishing benefits).
GUARANTEE:
See comments to Article 31 of this Federal Law
Information about changes:
Federal Law No. 419-FZ of December 1, 2014 amended Article 32 of this Federal Law. The amendments shall enter into force on January 1, 2016.
See the text of the article in a future edition
Article 32 Responsibility for violation of the rights of persons with disabilities. Dispute Resolution
Citizens and officials guilty of violating the rights and freedoms of persons with disabilities are liable in accordance with the legislation of the Russian Federation.
Disputes regarding the establishment of disability, the implementation of individual programs for the rehabilitation of persons with disabilities, the provision of specific measures of social protection, as well as disputes relating to other rights and freedoms of persons with disabilities, are considered in court.
GUARANTEE:
See comments to Article 32 of this Federal Law
Chapter V. Public Associations of the Disabled
Information about changes:
Federal Law No. 110-FZ of July 10, 2012 amended Article 33 of this Federal Law
See the text of the article in the previous edition
Article 33 The right of persons with disabilities to form public associations
Public associations created and operating in order to protect the rights and legitimate interests of disabled people, to provide them with equal opportunities with other citizens, are a form of social protection for disabled people. The state renders assistance and assistance to the said public associations, including material, technical and financial assistance. Local governments have the right to support public associations of the disabled at the expense of local budgets (with the exception of interbudgetary transfers provided from the budgets of the budgetary system of the Russian Federation).
GUARANTEE:
See the Rules for the provision of subsidies from the federal budget for state support of all-Russian public organizations of the disabled, approved by Decree of the Government of the Russian Federation of December 20, 2010 N 1074
Public organizations of persons with disabilities are recognized as organizations created by persons with disabilities and persons representing their interests in order to protect the rights and legitimate interests of persons with disabilities, provide them with equal opportunities with other citizens, solve the problems of social integration of persons with disabilities, among whose members are persons with disabilities and their legal representatives (one of the parents , adoptive parents, guardian or trustee) make up at least 80 percent, as well as unions (associations) of these organizations.
Federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local governments, organizations, regardless of organizational and legal forms and forms of ownership, involve authorized representatives of public associations of disabled people to prepare and make decisions affecting the interests of disabled people. Decisions made in violation of this rule may be declared invalid in court.
Enterprises, institutions, organizations, business partnerships and companies, buildings, structures, equipment, transport, housing stock, intellectual property, cash, shares, shares and securities, as well as any other property and land plots may be owned by public associations of disabled people in accordance with the legislation of the Russian Federation.
Public associations of the disabled and organizations that have been established by all-Russian public associations of the disabled, and the authorized capital of which consists entirely of contributions from public organizations of the disabled, and in which the average number of disabled people in relation to other employees is at least 50 percent, and the share of wages of disabled people in the fund wages - not less than 25 percent, state authorities and local governments can also provide support by providing free use of property (including buildings, non-residential premises) used by these associations and organizations on legal grounds for at least five years at the time of the provision of such property.
Providing support to public associations of the disabled can also be carried out in accordance with the Federal Law of January 12, 1996 N 7-FZ "On non-profit organizations" in terms of socially oriented non-profit organizations.
For organizations created by all-Russian public associations of the disabled, and whose authorized capital consists entirely of contributions from public organizations of the disabled, and in which the average number of disabled people in relation to other employees is at least 50 percent, and the share of wages of disabled people in the payroll fund - not less than 25 percent, the effect of the Federal Law of July 24, 2007 N 209-FZ "On the development of small and medium-sized businesses in the Russian Federation" applies if these organizations comply with the requirements established by the said Federal Law, with the exception of clause 1 of part 1 of Article 4 of the said Federal law.
GUARANTEE:
See comments to Article 33 of this Federal Law
Information about changes:
See the text of Article 34
Chapter VI. Final provisions
Article 35 Entry into force of this Federal Law
This Federal Law shall enter into force on the day of its official publication, with the exception of articles for which other effective dates have been established.
Articles 21, 22, 23 (except for part one), 24 (except for paragraph 2 of part two) of this Federal Law shall enter into force on July 1, 1995; Articles 11 and 17, Part two of Article 18, Part three of Article 19, Clause 5 of Article 20, Part one of Article 23, Clause 2 of Part two of Article 24, Part two of Article 25 of this Federal Law shall enter into force on January 1, 1996; Articles 28, 29, 30 of this Federal Law shall enter into force on January 1, 1997 in terms of expanding the benefits currently in effect.
Articles 14, 15, 16 of this Federal Law shall enter into force during 1995-1999. The specific dates for the entry into force of these articles are determined by the Government of the Russian Federation.
GUARANTEE:
See comments to Article 35 of this Federal Law
Article 36 Validity of laws and other regulatory legal acts
The President of the Russian Federation and the Government of the Russian Federation shall bring their regulatory legal acts in line with this Federal Law.
Until laws and other regulatory legal acts in force on the territory of the Russian Federation are brought into line with this Federal Law, laws and other regulatory legal acts shall apply to the extent that they do not contradict this Federal Law.
GUARANTEE:
See comments to Article 36 of this Federal Law
Moscow Kremlin
Russia has ratified the Convention on the Rights of Persons with Disabilities. In this regard, on January 1, 2018, a federal law came into force establishing the accessibility of various facilities and services for people with disabilities. At the request of our readers, we publish what changes will occur in the lives of people with disabilities.
From January 1, 2018, disabled people have the right to be accompanied
To begin with, we note that Federal Law No. 419-FZ “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Ratification of the Convention on the Rights of Persons with Disabilities” was adopted on December 1, 2014, but entered into force on January 1, 2018. And that is not in full. Some of its articles will come into effect on July 1, 2017, and some on January 1, 2018. It amends almost all regulatory legal acts in terms of ensuring that persons with disabilities can use services in all spheres of life. First of all, amendments were made to the Federal Law No. 181-FZ “On the Social Protection of the Disabled in the Russian Federation”.
Article No. 15 of this law just speaks of the unimpeded access of disabled people to social, engineering and transport infrastructure facilities.
Pharmacies, laundries, hairdressers and any other organizations should ensure that disabled people can use their services.
But here it must be borne in mind that it is often simply impossible to equip a building with ramps or special lifts for the disabled. The legislator provided that in this case, organizations must agree with the societies of the disabled on other ways of providing services to the disabled. This can be home delivery of goods, cooperation with social workers who will purchase goods for a disabled person, transportation of a person to a building, provision of services by mail or the Internet, etc. This work, by the way, has already been partially organized in the region. Disabled people can always contact the social taxi service.
Are these services free?
It does not follow from the law that all disabled people should be provided with free transportation to the place they need. The document provides only for the provision of the opportunity to use the services of transport.
Who will take care of the handicapped?
Both social workers and service workers. The law does not stipulate that each disabled person will be “assigned” an escort. This is a service that will be provided as part of the social security of the disabled.
Let's say a disabled person wants to buy medicine at a pharmacy near the house, but there is no ramp. What should he do? By law, from January 1, he must be provided with a service.
If a disabled person is served by a social worker, then the social worker will take care of the purchase and delivery of medicines. If a disabled person is not served at home by a social worker, he can apply for help from social security or require pharmacy workers to provide him with the necessary assistance.
What actions can disabled people expect from social protection in such a situation?
A social worker should be assigned. If we consider this situation with a pharmacy, the social worker will purchase the necessary medicines and take them home. But in the future, the mechanism that is provided for should work, that is, each pharmacy should provide the disabled with the opportunity to receive services from them.
In the future, administrative liability will be introduced for organizations that do not comply with the law. That is, if a disabled person informs us that he was not provided with a certain service due to lack of access to the organization, the institution may be fined.
The law says that only newly commissioned buildings will be equipped with ramps. But at the same time, the owners of existing facilities are still required to take measures to ensure access. Let's explain this provision of the law.
Indeed, from this year, any newly introduced objects must meet the requirements for accessibility for people with limited mobility.
Should there be ramps everywhere?
Ramps, lifts, widened openings, etc. As regards facilities already in operation, if they cannot be retrofitted, it must be agreed with the associations of the disabled that only partial or conditional accessibility can be achieved.
Who is responsible for the fact that ramps are not installed in high-rise buildings?
The management company that maintains this house. The problem of installing ramps in apartment buildings is very serious for the following reason: the ramp is part of the capital construction. In most houses, the bulk of the apartments are privatized, therefore, in order to obtain permission to install a ramp or lifts, the consent of the residents is required. Many do not give it: someone does not agree with the installation of ramps, believing that they will interfere with the exit from the entrance.
Changes in the procedure for granting housing benefits to persons with disabilities
We have brought regional legislation in line with the federal one. Taking into account the fact that all benefits for disabled people to pay for the maintenance of housing and housing and communal services are paid at the expense of federal funds, they are directly regulated by Federal Law 181 on the social protection of disabled people.
181 of the law clearly states that disabled people living in state and municipal housing stock have a 50% housing allowance.
That is, those who live in a privatized, purchased or donated apartment do not have this benefit. And the second point - according to the regional legislation, the benefit was extended to all family members of a disabled person, while according to the federal legislation, the payment is made specifically to the disabled person - without taking into account the family members who live with him.
Some residents are outraged by this. I would like them to understand that these benefits are paid from federal funds. No savings to speak of!
Benefits for major repairs
By the way, many disabled people are at the same time labor veterans. They have the right to choose which category to provide for this benefit: to receive it as a disabled person or as a labor veteran. In the latter case, they will receive benefits on the same terms.
The new law also provides for a 50% discount on capital repairs for people over 75 years old.
This norm was provided for by the Federal Law of December 29, 2015 No. 399-FZ:
50% discount on overhaul for disabled people of 1-2 groups and families with a disabled child. This benefit is effective January 1st.
The law speaks of the right of the region to establish a benefit for people over 75 years old - a 50% discount on capital repairs, and for those over 80 years old - a 100% discount. It is the right of each region of our country to establish a benefit or not.
Changes and amendments
(As amended by the Federal Law of 04.01.99 N 5-FZ)
This Federal Law defines the state policy in the field of social protection of disabled people in the Russian Federation, the purpose of which is to provide disabled people with equal opportunities with other citizens in exercising civil, economic, political and other rights and freedoms provided for by the Constitution of the Russian Federation, as well as in accordance with generally recognized principles and norms of international law and international treaties of the Russian Federation.
Chapter I. General Provisions
Article 1
A disabled person is a person who has a health disorder with a persistent disorder of body functions due to diseases, the consequences of injuries or defects, leading to a limitation of life and causing the need for his social protection.
Limitation of life activity - complete or partial loss of the ability or ability of a person to carry out self-service, move independently, navigate, communicate, control their behavior, learn and engage in work activities.
Depending on the degree of impairment of body functions and limitation of life activity, persons recognized as disabled are assigned a disability group, and persons under the age of 16 are assigned the category "child with a disability".
Recognition of a person as a disabled person is carried out by the State Service of Medical and Social Expertise. The procedure and conditions for recognizing a person as disabled are established by the Government of the Russian Federation.
Article 2. The concept of social protection of disabled people
Social protection of the disabled is a system of state-guaranteed economic, social and legal measures that provide disabled people with conditions for overcoming, replacing (compensating) life restrictions and aimed at creating equal opportunities for them to participate in society with other citizens.
Article 3
The legislation of the Russian Federation on the social protection of persons with disabilities consists of the relevant provisions of the Constitution of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.
If an international treaty (agreement) of the Russian Federation establishes rules other than those provided for by this Federal Law, then the rules of the international treaty (agreement) shall apply.
Article 4
The jurisdiction of federal government bodies in the field of social protection of persons with disabilities includes:
1) determination of state policy in relation to persons with disabilities;
2) adoption of federal laws and other regulatory legal acts of the Russian Federation on the social protection of persons with disabilities (including those regulating the procedure and conditions for granting the unified federal minimum of social protection measures to persons with disabilities); control over the implementation of the legislation of the Russian Federation on the social protection of persons with disabilities;
3) conclusion of international treaties (agreements) of the Russian Federation on issues of social protection of disabled people;
4) establishment of general principles for the organization and implementation of medical and social expertise and rehabilitation of disabled people;
5) definition of criteria, establishment of conditions for recognition of a person as a disabled person;
6) establishment of state standards for social services, technical means of rehabilitation, means of communication and informatics, establishment of norms and rules that ensure the accessibility of the living environment for the disabled; determination of relevant certification requirements;
7) establishment of the procedure for accreditation and licensing of organizations, regardless of organizational and legal forms and forms of ownership, carrying out activities in the field of rehabilitation of disabled people;
8) implementation of accreditation and licensing of enterprises, institutions and organizations that are in federal ownership, carrying out activities in the field of rehabilitation of disabled people;
9) development and implementation of federal target programs in the field of social protection of disabled people, control over their implementation;
10) approval and funding of federal basic programs for the rehabilitation of disabled people;
11) creation of objects of the rehabilitation industry, which are in federal ownership, and their management;
12) determination of the list of specialties of workers employed in the field of medical and social expertise and rehabilitation of the disabled, organization of training in this area;
13) coordination of scientific research, financing of research and development work on the problems of disability and disabled people;
14) development of methodological documents on the issues of social protection of disabled people;
15) establishment of job quotas for the disabled;
16) assistance in the work of all-Russian public associations of the disabled and assistance to them;
17) the establishment of federal benefits, including taxation, for organizations, regardless of organizational and legal forms and forms of ownership, that invest in the field of social protection of the disabled, produce special industrial goods, technical equipment and devices for the disabled, provide services to the disabled, as well as public associations of disabled people and enterprises, institutions, organizations, business partnerships and companies owned by them, the authorized capital of which consists of the contribution of a public association of disabled people;
18) the establishment of federal benefits for certain categories of disabled people;
19) formation of indicators of the federal budget for the costs of social protection of the disabled.
Article 5
The jurisdiction of the state authorities of the constituent entities of the Russian Federation in the field of social protection of persons with disabilities includes:
1) implementation of the state policy in relation to persons with disabilities in the territories of the constituent entities of the Russian Federation;
2) adoption of laws and other regulatory legal acts of the constituent entities of the Russian Federation on the social protection of disabled people, control over their implementation;
3) determining priorities in the implementation of social policy in relation to persons with disabilities in the territories of the constituent entities of the Russian Federation, taking into account the level of socio-economic development of the territory of the constituent entity of the Russian Federation;
4) creation of enterprises, institutions and organizations of the State Service for Medical and Social Expertise, the State Service for the Rehabilitation Industry, control over their activities;
5) accreditation and licensing of enterprises, institutions and organizations owned by the constituent entities of the Russian Federation, carrying out activities in the field of rehabilitation of disabled people;
6) participation in the implementation of federal programs in the field of social protection of the disabled, development and financing of regional programs in this area;
7) approval and financing of the list of rehabilitation measures carried out in the territories of the constituent entities of the Russian Federation, taking into account socio-economic, climatic and other features in addition to the federal basic programs for the rehabilitation of disabled people;
8) creation and management of objects in the field of social protection of disabled people, which are under the jurisdiction of the constituent entities of the Russian Federation;
9) organization and coordination of training activities in the field of social protection of disabled people;
10) coordination and financing of scientific research, research and development work in the field of social protection of disabled people;
11) development, within its competence, of methodological documents on the issues of social protection of persons with disabilities;
12) assistance in the work and provision of assistance to public associations of disabled people in the territories of the constituent entities of the Russian Federation;
13) the establishment of benefits, including taxation, for organizations, regardless of organizational and legal forms and forms of ownership, investing in the field of social protection of the disabled, producing special industrial goods, technical equipment and devices for the disabled, providing services to the disabled, as well as public associations disabled people and enterprises, institutions, organizations, business partnerships and companies owned by them, the authorized capital of which consists of the contribution of a public association of disabled people;
14) the establishment of benefits for disabled people or certain categories of disabled people in the territories of the constituent entities of the Russian Federation at the expense of the budgets of the constituent entities of the Russian Federation;
15) formation of the budgets of the constituent entities of the Russian Federation in terms of the costs of social protection of the disabled.
Federal bodies of state power and bodies of state power of the constituent entities of the Russian Federation may, by agreement, transfer to each other part of their powers in the field of social protection of persons with disabilities.
Article 6
For causing harm to the health of citizens that led to disability, the persons guilty of this bear material, civil, administrative and criminal liability in accordance with the legislation of the Russian Federation.
Chapter II. Medical - social expertise
Article 7. The concept of medical and social expertise
Medico-social expertise - determination in accordance with the established procedure of the needs of the examined person for social protection measures, including rehabilitation, based on an assessment of disability caused by a persistent disorder of body functions.
Medical and social expertise is carried out on the basis of a comprehensive assessment of the state of the body based on an analysis of clinical, functional, social, domestic, professional, labor, psychological data of the person being examined using classifications and criteria developed and approved in the manner determined by the Government of the Russian Federation.
Article 8. State Service of Medical and Social Expertise
1. Medical and social expertise is carried out by the State Service for Medical and Social Expertise, which is part of the system (structure) of the bodies of social protection of the population of the Russian Federation. The procedure for organizing and operating the State Service for Medical and Social Expertise is determined by the Government of the Russian Federation.
2. Medical services when registering citizens for examination at the institutions of the State Service for Medical and Social Expertise, rehabilitation measures are included in the federal basic program of compulsory medical insurance for citizens of the Russian Federation and are financed from federal and territorial compulsory medical insurance funds.
3. The State Service of Medical and Social Expertise is entrusted with:
1) determination of the group of disability, its causes, timing, time of onset of disability, the needs of the disabled person in various types of social protection;
2) development of individual programs for the rehabilitation of disabled people;
3) study of the level and causes of disability in the population;
4) participation in the development of comprehensive programs for the prevention of disability, medical and social rehabilitation and social protection of the disabled;
5) determination of the degree of loss of professional capacity for work of persons who have received an industrial injury or occupational disease;
6) determination of the cause of death of a disabled person in cases where the legislation of the Russian Federation provides for the provision of benefits to the family of the deceased.
The decision of the body of the State Service for Medical and Social Expertise is binding on the relevant state authorities, local governments, as well as organizations, regardless of organizational and legal forms and forms of ownership.
Chapter III. Rehabilitation of the disabled
Article 9. The concept of rehabilitation of disabled people
1. Rehabilitation of disabled people - a system of medical, psychological, pedagogical, socio-economic measures aimed at eliminating or, if possible, more fully compensating for limitations in life activity caused by a health disorder with a persistent disorder of body functions. The purpose of rehabilitation is to restore the social status of a disabled person, to achieve material independence and social adaptation.
2. Rehabilitation of the disabled includes:
1) medical rehabilitation, which consists of restorative therapy, reconstructive surgery, prosthetics and orthotics;
2) vocational rehabilitation of disabled people, which consists of vocational guidance, vocational education, vocational adaptation and employment;
3) social rehabilitation of disabled people, which consists of social and environmental orientation and social and everyday adaptation.
Article 10
The Federal Basic Program for the Rehabilitation of the Disabled is a guaranteed list of rehabilitation measures, technical means and services provided to a disabled person free of charge at the expense of the federal budget.
The Federal Basic Program for the Rehabilitation of the Disabled and the procedure for its implementation are approved by the Government of the Russian Federation.
Rehabilitation facilities and services are provided to persons with disabilities, usually in kind.
Article 11. Individual program for the rehabilitation of a disabled person
Individual rehabilitation program for a disabled person - developed on the basis of the decision of the State Service for Medical and Social Expertise, a set of optimal rehabilitation measures for a disabled person, including certain types, forms, volumes, terms and procedures for the implementation of medical, professional and other rehabilitation measures aimed at restoring, compensating for impaired or lost functions of the body, restoration, compensation for the ability of a disabled person to perform certain types of activities.
An individual rehabilitation program for a disabled person is mandatory for execution by the relevant state authorities, local governments, as well as organizations, regardless of organizational and legal forms and forms of ownership.
An individual program for the rehabilitation of a disabled person contains both rehabilitation measures provided to a disabled person free of charge in accordance with the federal basic program for the rehabilitation of disabled people, and rehabilitation measures paid for by the disabled person himself or other persons or organizations, regardless of organizational and legal forms and forms of ownership.
The volume of rehabilitation measures provided for by an individual program for the rehabilitation of a disabled person cannot be less than that established by the federal basic program for the rehabilitation of disabled people.
An individual rehabilitation program is advisory in nature for a disabled person, he has the right to refuse one or another type, form and volume of rehabilitation measures, as well as from the implementation of the program as a whole. A disabled person has the right to independently decide on the issue of providing himself with a specific technical means or type of rehabilitation, including cars, wheelchairs, prosthetic and orthopedic products, printed publications with a special font, sound-amplifying equipment, signaling devices, video materials with subtitles or sign language translation, and other similar means.
If the technical or other means or service provided for by the individual rehabilitation program cannot be provided to the disabled person, or if the disabled person has acquired the appropriate means or paid for the service at his own expense, he shall be paid compensation in the amount of the cost of the technical or other means, services that must be provided to the disabled person.
The refusal of a disabled person (or a person representing his interests) from an individual rehabilitation program as a whole or from the implementation of its individual parts releases the relevant state authorities, local governments, as well as organizations, regardless of organizational and legal forms and forms of ownership, from responsibility for its implementation and does not give the disabled person the right to receive compensation in the amount of the cost of rehabilitation measures provided free of charge.
Article 12. State Service for the Rehabilitation of the Disabled
The State Service for the Rehabilitation of the Disabled is a set of state authorities, regardless of departmental affiliation, local governments, institutions of various levels that carry out activities for medical, vocational and social rehabilitation.
Coordination of activities in the field of rehabilitation of disabled people is carried out by the Ministry of Social Protection of the Population of the Russian Federation.
Rehabilitation are institutions that carry out the process of rehabilitation of disabled people in accordance with rehabilitation programs.
Federal executive authorities, executive authorities of the constituent entities of the Russian Federation, taking into account regional and territorial needs, create a network of rehabilitation institutions and ensure the development of a system of medical, professional and social rehabilitation of disabled people, organize the production of technical rehabilitation equipment, develop services for disabled people, promote the development of non-state rehabilitation institutions in they have licenses for this type of activity, as well as funds of various forms of ownership and interact with them in the implementation of the rehabilitation of disabled people.
Financing of rehabilitation measures is carried out at the expense of the federal budget, funds of the budgets of the constituent entities of the Russian Federation, federal and territorial funds for compulsory medical insurance, the State Employment Fund of the Russian Federation, the Pension Fund of the Russian Federation (in accordance with the provisions on these funds), other sources not prohibited the legislation of the Russian Federation. Financing of rehabilitation measures, including the maintenance of rehabilitation institutions, is allowed on the basis of cooperation between budgetary and non-budgetary funds.
The procedure for organizing and operating the State Service for the Rehabilitation of the Disabled is determined by the Government of the Russian Federation.
Chapter IV. Ensuring the life of the disabled
Article 13. Medical assistance to the disabled
The provision of qualified medical care to the disabled, including drug provision, is carried out free of charge or on preferential terms in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
The procedure and conditions for the provision of qualified medical care to various categories of disabled persons are determined by the Government of the Russian Federation.
Medical rehabilitation of disabled people is carried out within the framework of the federal basic program of compulsory medical insurance for the population of the Russian Federation at the expense of federal and territorial compulsory medical insurance funds.
Article 14
The state guarantees the disabled person the right to receive the necessary information. To this end, measures are being taken to strengthen the material and technical base of editorial offices, publishing houses and printing enterprises that produce special literature for the disabled, as well as editorial offices, programs, studios, enterprises, institutions and organizations that produce gramophone records, audio recordings and other sound products, film and videos and other video products for the disabled. The publication of periodical, scientific, educational and methodical, reference and informational and fiction literature for the disabled, including those published on tape cassettes and in Braille, is carried out at the expense of the federal budget.
Sign language is recognized as a means of interpersonal communication. A system of subtitling or sign language translation of television programs, films and videos is being introduced.
The social protection authorities of the population provide assistance to the disabled in receiving services for sign language translation, the provision of sign language equipment, and the provision of tiflo means.
Article 15
The Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, local governments, organizations, regardless of organizational and legal forms and forms of ownership, create conditions for disabled people (including disabled people using wheelchairs and guide dogs) for free access to social infrastructure facilities: residential , public and industrial buildings, recreational facilities, sports facilities, cultural and entertainment and other institutions; for unhindered use of public transport and transport communications, means of communication and information.
Planning and development of cities, other settlements, formation of residential and recreational areas, development of design solutions for new construction and reconstruction of buildings, structures and their complexes, as well as the development and production of public vehicles, communications and information without adapting these objects for access disabled people are not allowed to access them and their use by disabled people is not allowed.
Carrying out measures to adapt social and industrial infrastructure facilities for access to them by disabled people and their use by disabled people is carried out in accordance with federal and territorial target programs approved in the prescribed manner.
The development of design solutions for the new construction of buildings, structures and their complexes without the consent of the relevant executive authorities of the constituent entities of the Russian Federation and taking into account the opinion of public associations of the disabled is not allowed.
In cases where the existing facilities cannot be fully adapted to the needs of the disabled, the owners of these facilities must take measures in agreement with public associations of the disabled to ensure that the minimum needs of the disabled are met.
Enterprises, institutions and organizations providing transport services to the population provide equipment with special devices for vehicles, stations, airports and other facilities that allow disabled people to freely use their services.
Places for the construction of a garage or parking for technical and other vehicles are provided to disabled people out of turn near their place of residence, taking into account urban planning standards.
Disabled persons are exempted from rent for land and premises for the storage of vehicles available for their personal use.
At each parking lot (stop) of motor vehicles, including those near trade enterprises, services, medical, sports and cultural and entertainment institutions, at least 10 percent of places (but not less than one place) are allocated for parking special vehicles of disabled people who do not must be occupied by other vehicles. Disabled people use the parking spaces for special vehicles free of charge.
Article 16
Organizations, regardless of organizational and legal forms and forms of ownership, that do not comply with the measures provided for by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation to adapt existing means of transport, communications, information and other social infrastructure facilities for access to them by disabled people and use their disabled persons, allocate to the appropriate budgets the funds necessary to meet the needs of the disabled, in the manner and in the amount established by the Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, local governments with the participation of public associations of disabled people. These funds are used for the intended purpose only for the implementation of measures to adapt social infrastructure facilities for access to them by disabled people and their use by disabled people.
Article 17. Provision of disabled people with living space
Disabled persons and families with disabled children who need to improve their living conditions are registered and provided with living quarters, taking into account the benefits provided for by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
Residential premises are provided to disabled people, families with disabled children, taking into account the state of health and other circumstances worthy of attention.
Disabled persons have the right to additional living space in the form of a separate room in accordance with the list of diseases approved by the Government of the Russian Federation. The specified right is taken into account when registering for the improvement of housing conditions and the provision of housing in the houses of the state or municipal housing stock. Additional living space occupied by a disabled person (regardless of whether in the form of a separate room or not) is not considered excessive and is payable in a single amount, taking into account the benefits provided.
Residential premises occupied by disabled people are equipped with special facilities and devices in accordance with the individual program for the rehabilitation of a disabled person.
Disabled persons living in stationary social service institutions and wishing to receive housing under a lease or lease agreement are subject to registration for the improvement of living conditions, regardless of the size of the occupied area and are provided with housing on an equal basis with other disabled people.
Disabled children living in stationary social service institutions, who are orphans or deprived of parental care, upon reaching the age of 18, are subject to provision with living quarters out of turn, if the individual rehabilitation program for a disabled person provides for the possibility of self-service and leading an independent lifestyle.
The dwelling in the houses of the state, municipal and public housing stock, occupied by a disabled person under a contract of employment or lease, when the disabled person is placed in a stationary social service institution, is retained by him for six months.
Specially equipped living quarters in the houses of the state, municipal and public housing stock, occupied by disabled people under a contract of employment or lease, upon their release, are populated first of all by other disabled people who need to improve their living conditions.
Disabled people and families with disabled children are provided with a discount of at least 50 percent from the rent (in the houses of the state, municipal and public housing stock) and utility bills (regardless of the ownership of the housing stock), and in residential buildings that do not have central heating , - from the cost of fuel purchased within the limits established for sale to the population.
Disabled people and families with disabled people are given the right to receive land plots for individual housing construction, maintenance of subsidiary and summer cottages and gardening as a matter of priority.
The procedure for granting these benefits is determined by the Government of the Russian Federation. Executive authorities of the constituent entities of the Russian Federation and local governments have the right to establish additional benefits for disabled people.
Article 18. Upbringing and education of disabled children
Educational institutions, bodies of social protection of the population, institutions of communication, information, physical culture and sports ensure the continuity of upbringing and education, social and domestic adaptation of children with disabilities.
Educational institutions, together with the social protection authorities of the population and health authorities, provide pre-school, out-of-school upbringing and education of children with disabilities, the receipt of secondary general education, secondary vocational and higher professional education by the disabled in accordance with the individual rehabilitation program for the disabled.
Disabled children of preschool age are provided with the necessary rehabilitation measures and conditions are created for staying in preschool institutions of a general type. For disabled children, whose health condition excludes the possibility of their stay in children's preschool institutions of a general type, special preschool institutions are created.
If it is not possible to educate and educate children with disabilities in general or special preschool and general educational institutions, educational authorities and educational institutions provide, with the consent of their parents, the education of children with disabilities in a complete general education or individual program at home.
The procedure for the upbringing and education of children with disabilities at home, in non-state educational institutions, as well as the amount of compensation for parents' expenses for these purposes, are determined by the Government of the Russian Federation.
Article 19. Education of disabled people
The state guarantees the necessary conditions for disabled people to receive education and vocational training.
General education of disabled people is carried out free of charge both in general educational institutions equipped with special technical means, if necessary, and in special educational institutions and is regulated by the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation.
The state shall provide disabled persons with basic general, secondary (complete) general education, primary vocational, secondary vocational and higher vocational education in accordance with the individual program for the rehabilitation of a disabled person.
Professional education of disabled people in educational institutions of various types and levels is carried out in accordance with the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation.
For disabled people who need special conditions for receiving vocational education, special vocational educational institutions of various types and types are created or appropriate conditions are created in vocational educational institutions of a general type.
Vocational training and vocational education of persons with disabilities in special vocational educational institutions for persons with disabilities are carried out in accordance with state educational standards on the basis of educational programs adapted for the education of persons with disabilities.
The organization of the educational process in special vocational educational institutions for the disabled is regulated by regulatory legal acts, organizational and methodological materials of the relevant ministries and other federal executive bodies.
State educational authorities provide students free of charge or on preferential terms with special teaching aids and literature, as well as provide students with the opportunity to use the services of sign language interpreters.
Article 20. Ensuring employment of disabled people
Persons with disabilities are guaranteed employment by the federal state authorities, state authorities of the constituent entities of the Russian Federation through the following special measures that contribute to increasing their competitiveness in the labor market:
1) implementation of a preferential financial and credit policy in relation to specialized enterprises employing the labor of disabled people, enterprises, institutions, organizations of public associations of disabled people;
2) establishment in organizations, regardless of organizational and legal forms and forms of ownership, of a quota for hiring disabled people and a minimum number of special jobs for disabled people;
3) reservation of jobs in professions most suitable for the employment of disabled people;
4) stimulating the creation by enterprises, institutions, organizations of additional jobs (including special ones) for the employment of disabled people;
5) creating working conditions for disabled people in accordance with individual programs for the rehabilitation of disabled people;
6) creating conditions for entrepreneurial activity of disabled people;
7) organizing training for disabled people in new professions.
Article 21
Organizations, regardless of organizational and legal forms and forms of ownership, with more than 30 employees, are set a quota for hiring disabled people as a percentage of the average number of employees (but not less than three percent).
Public associations of disabled people and enterprises, institutions, organizations, business partnerships and companies owned by them, the authorized capital of which consists of the contribution of a public association of disabled people, are exempt from mandatory quotas for jobs for disabled people.
The executive authorities of the constituent entities of the Russian Federation have the right to establish a higher quota for the employment of disabled people.
The procedure for determining the quota is approved by the said bodies.
In case of non-fulfillment or impossibility of fulfilling the quota for hiring disabled people, employers pay a mandatory fee in the established amount for each unemployed disabled person within the established quota to the State Employment Fund of the Russian Federation. The funds received are spent for the purpose of creating jobs for the disabled.
On the proposal of the Federal Employment Service of Russia, the State Employment Fund of the Russian Federation transfers the indicated amounts to organizations, regardless of organizational and legal forms and forms of ownership, to create jobs for people with disabilities in excess of the approved quota, as well as to public associations of people with disabilities to create specialized enterprises (workshops, sites), employing disabled people.
Article 22
Special workplaces for the employment of disabled people are workplaces that require additional measures for the organization of labor, including the adaptation of basic and auxiliary equipment, technical and organizational equipment, additional equipment and the provision of technical devices, taking into account the individual capabilities of disabled people.
The minimum number of special jobs for the employment of disabled people is established by the executive authorities of the constituent entities of the Russian Federation for each enterprise, institution, organization within the established quota for hiring disabled people.
Special jobs for the employment of disabled people are created at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation, the State Employment Fund of the Russian Federation, with the exception of jobs for disabled people who have received an industrial injury or occupational disease. Special jobs for the employment of disabled people who have received a disease or injury while performing military service duties or as a result of natural disasters and ethnic conflicts are created at the expense of the federal budget.
Special jobs for the employment of disabled people who have received an industrial injury or occupational disease are created at the expense of employers who are obliged to compensate for harm caused to employees as a result of an injury, occupational disease or other damage to health associated with the performance of work duties by employees.
Article 23. Working conditions of disabled people
Disabled people employed in organizations, regardless of organizational and legal forms and forms of ownership, are provided with the necessary working conditions in accordance with an individual program for the rehabilitation of a disabled person.
It is not allowed to establish in collective or individual labor contracts the working conditions of disabled people (remuneration, working hours and rest time, the duration of annual and additional paid holidays, etc.), which worsen the situation of disabled people in comparison with other workers.
For disabled people of groups I and II, a reduced working time of no more than 35 hours per week is established with full pay.
Involvement of disabled people in overtime work, work on weekends and at night is allowed only with their consent and provided that such work is not prohibited to them for health reasons.
Disabled persons are granted annual leave of at least 30 calendar days based on a six-day working week.
Article 24
1. Employers have the right to request and receive information necessary for the creation of special jobs for the employment of disabled people.
2. Employers, in accordance with the established quota for hiring disabled people, are obliged to:
1) create or allocate jobs for the employment of persons with disabilities;
2) create working conditions for the disabled in accordance with the individual rehabilitation program for the disabled;
3) to provide, in accordance with the established procedure, the information necessary for the organization of employment of disabled people.
3. Heads of organizations, regardless of organizational and legal forms and forms of ownership, who violate the procedure for making mandatory payments to the State Employment Fund of the Russian Federation, are liable in the form of paying a fine: for concealing or understating the mandatory payment - in the amount of a hidden or underpaid amount, and in in case of refusal to hire a disabled person within the established quota - in the amount of the cost of the workplace, determined by the executive authorities of the constituent entities of the Russian Federation. Fines are collected in an indisputable manner by the bodies of the State Tax Service of the Russian Federation. Paying the fine does not relieve them of the debt.
Article 25. Procedure and conditions for recognizing a disabled person as unemployed
The unemployed is recognized as a disabled person who has a work recommendation, a conclusion on the recommended nature and working conditions, which is issued in accordance with the established procedure, who does not have a job, is registered with the Federal Employment Service of Russia in order to find a suitable job and is ready to start it.
To make a decision on recognizing a disabled person as unemployed, he submits to the body of the Federal Employment Service of Russia, along with the documents established by the Law of the Russian Federation "On Employment in the Russian Federation", an individual program for the rehabilitation of a disabled person.
Article 26
State support (including the provision of tax and other benefits) to enterprises and organizations that produce industrial goods, technical means and devices for the disabled, provide employment for the disabled, provide medical care, educational services, provide sanatorium and resort treatment, consumer services and create conditions for physical culture and sports, organizing leisure activities for the disabled, investing more than 30 percent of the profits in projects that ensure the life of the disabled, in scientific and experimental design development of technical means for the rehabilitation of the disabled, as well as prosthetic and orthopedic enterprises, medical and industrial (labor) workshops and subsidiary farms of institutions of social protection of the population, the state enterprise "National Fund for Assistance to the Disabled of the Russian Federation" is carried out in the manner and on the conditions provided for by the legislation of the Russian Federation.
Article 27
The material support of the disabled includes cash payments on various grounds (pensions, allowances, insurance payments in case of health risk insurance, payments to compensate for harm caused to health, and other payments), compensation in cases established by the legislation of the Russian Federation.
Receipt of compensations and other cash payments of one type does not deprive persons with disabilities of the right to receive other types of cash payments, if they have the grounds for this, provided for by the legislation of the Russian Federation.
Article 28
Note: On the issue of social services for the elderly and disabled, see Federal Law of 02.08.95 N 122-FZ.
Social and consumer services for disabled people are carried out in the manner and on the grounds determined by local governments with the participation of public associations of disabled people.
The executive authorities of the constituent entities of the Russian Federation and local governments create special social services for the disabled, including those for the delivery of food and industrial goods to the disabled, and approve a list of diseases of the disabled, for which they are entitled to preferential services.
Disabled people in need of outside care and assistance are provided with medical and household services at home or in stationary institutions. The conditions for the stay of persons with disabilities in a stationary social service institution must ensure the possibility for persons with disabilities to exercise their rights and legitimate interests in accordance with this Federal Law and contribute to the satisfaction of their needs.
Disabled persons have the right to manufacture and repair prosthetic and orthopedic products and other types of prosthetic products (except for dentures made of precious metals and other expensive materials equal in value to precious metals) at the expense of the federal budget in the manner established by the Government of the Russian Federation.
Disabled people are provided with the necessary means of telecommunication services, special telephone sets (including those for subscribers with hearing impairments), public call centers for collective use.
Disabled persons are given a 50% discount for the use of a telephone and a radio broadcasting point.
Disabled people are provided with household appliances, tiflo-, deaf- and other means necessary for them for social adaptation; the repair of these devices and means is carried out for the disabled free of charge or on preferential terms.
The procedure for providing disabled people with technical and other means that facilitate their work and life is determined by the Government of the Russian Federation.
Article 29
Disabled people and disabled children have the right to sanatorium-resort treatment in accordance with an individual program for the rehabilitation of a disabled person on preferential terms. Disabled people of group I and disabled children in need of sanatorium and resort treatment are entitled to receive a second voucher for the person accompanying them on the same conditions.
Non-working disabled people, including those in stationary social service institutions, sanatorium and resort vouchers are issued free of charge by the social protection authorities.
Working invalids are provided with sanatorium and resort vouchers at the place of work on preferential terms at the expense of social insurance funds.
Persons with disabilities who have received a work injury or occupational disease are provided with vouchers for sanatorium and resort treatment at the expense of employers who are obliged to compensate for harm caused to employees as a result of injury, occupational disease or other damage to health associated with the performance of work duties by employees.
Article 30
Disabled children, their parents, guardians, custodians and social workers caring for disabled children, as well as disabled people, enjoy the right to travel free of charge on all types of public transport in urban and suburban communications, except for taxis.
Disabled people are provided with a 50% discount from the cost of travel on intercity lines of air, rail, river and road transport from October 1 to May 15 and once (round trip) at other times of the year. Disabled people of groups I and II and children with disabilities are granted the right to travel free of charge once a year to the place of treatment and back, unless more favorable conditions are established by the legislation of the Russian Federation.
These benefits apply to a person accompanying a disabled person of group I or a disabled child.
Disabled children and persons accompanying them are entitled to free travel to the place of treatment (examination) in buses of suburban and intercity intra-regional routes.
Disabled people with relevant medical indications are provided with vehicles free of charge or on preferential terms. Disabled children who have reached the age of five and who suffer from impaired functions of the musculoskeletal system are provided with motor vehicles on the same conditions with the right to drive these vehicles by adult family members.
Technical support and repair of motor vehicles and other means of rehabilitation owned by disabled persons are carried out out of turn on preferential terms and in the manner established by the Government of the Russian Federation.
Disabled persons, parents of children with disabilities are compensated for the costs associated with the operation of special vehicles.\
Disabled persons who have the appropriate medical indications for receiving a motor vehicle free of charge, but who have not received it, and also, at their request, instead of receiving a motor vehicle, are provided with annual monetary compensation for transportation costs.
The procedure and conditions for the provision of vehicles and payment of compensation for transportation costs are determined by the Government of the Russian Federation.
Article 31
Organizations, regardless of organizational - legal forms and forms of ownership, provide disabled people with benefits for paying for medicines, sanatorium - resort treatment; on transport services, lending, acquisition, construction, receipt and maintenance of housing; for payment of utilities, services of communication institutions, trade enterprises, cultural and entertainment and sports and recreational institutions in accordance with the legislation of the Russian Federation.
This Federal Law preserves the benefits established for disabled persons by the legislation of the former USSR. The benefits provided for disabled people are maintained regardless of the type of pensions they receive.
In cases where other legal acts for disabled persons provide for norms that increase the level of social protection of disabled people in comparison with this Federal Law, the provisions of these legal acts shall apply. If a disabled person is entitled to the same benefit under this Federal Law and simultaneously under another legal act, the benefit is provided either under this Federal Law or under another legal act (regardless of the basis for establishing the benefit).
Article 32. Responsibility for violation of the rights of disabled people. Dispute Resolution
Citizens and officials guilty of violating the rights and freedoms of persons with disabilities are liable in accordance with the legislation of the Russian Federation.
Disputes regarding the establishment of disability, the implementation of individual programs for the rehabilitation of persons with disabilities, the provision of specific measures of social protection, as well as disputes relating to other rights and freedoms of persons with disabilities, are considered in court.
Chapter V. Public Associations of the Disabled
Article 33
Public associations created and operating in order to protect the rights and legitimate interests of disabled people, to provide them with equal opportunities with other citizens, are a form of social protection for disabled people. The state renders assistance and assistance to the said public associations, including material, technical and financial assistance. (as amended by Federal Law No. 5-FZ of 04.01.99) (see the text in the previous edition)
Public organizations of persons with disabilities are recognized as organizations created by persons with disabilities and persons representing their interests in order to protect the rights and legitimate interests of persons with disabilities, provide them with equal opportunities with other citizens, solve the problems of social integration of persons with disabilities, among whose members are persons with disabilities and their legal representatives (one of the parents , adoptive parents, guardian or trustee) make up at least 80 percent, as well as unions (associations) of these organizations. (Part two was introduced by Federal Law No. 5-FZ of 04.01.99)
Federal executive authorities, executive authorities of the constituent entities of the Russian Federation, organizations, regardless of organizational and legal forms and forms of ownership, involve authorized representatives of public associations of disabled people to prepare and make decisions affecting the interests of disabled people. Decisions made in violation of this rule may be declared invalid in court.
Enterprises, institutions, organizations, business partnerships and companies, buildings, structures, equipment, transport, housing stock, intellectual property, cash, shares, shares and securities, as well as any other property and land plots may be owned by public associations of disabled people in accordance with the legislation of the Russian Federation.
Article 34. Benefits provided to public associations of the disabled
The state guarantees the provision of benefits for the payment of federal taxes, fees, duties and other payments to the budgets of all levels to all-Russian public associations of the disabled, their organizations, enterprises, institutions, organizations, business companies and partnerships owned by them, the authorized capital of which consists of the contribution of these public associations of the disabled.
Decisions on granting benefits to public associations of the disabled in the payment of regional and local taxes, fees, duties and other payments are taken by the state authorities of the appropriate level.
Decisions on granting benefits for the payment of federal taxes, dues, duties and other payments to regional and local public associations of the disabled may be taken by state authorities of the appropriate level within the amounts credited in accordance with the legislation of the Russian Federation to their budgets.
The preparation and adoption of decisions on the provision of these benefits is carried out with the obligatory participation of public associations of the disabled.
Chapter VI. Final provisions
Article 35. Entry into force of this Federal Law
This Federal Law shall enter into force on the day of its official publication, with the exception of articles for which other effective dates have been established.
Articles 21, 22, 23 (except for part one), 24 (except for paragraph 2 of part two) of this Federal Law shall enter into force on July 1, 1995; Articles 11 and 17, Part two of Article 18, Part three of Article 19, Clause 5 of Part two of Article 20, Part one of Article 23, Clause 2 of Part two of Article 24, Part two of Article 25 of this Federal Law shall enter into force on January 1, 1996; Articles 28, 29, 30 of this Federal Law shall enter into force on January 1, 1997 in terms of expanding the benefits currently in effect.
Articles 14, 15, 16 of this Federal Law shall enter into force during 1995-1999. The specific dates for the entry into force of these articles are determined by the Government of the Russian Federation.
Article 36. Validity of laws and other normative legal acts
The President of the Russian Federation and the Government of the Russian Federation shall bring their regulatory legal acts in line with this Federal Law.
Until laws and other regulatory legal acts in force on the territory of the Russian Federation are brought into line with this Federal Law, laws and other regulatory legal acts shall apply to the extent that they do not contradict this Federal Law.
The president
Russian Federation
Persons with disabilities employed in organizations, regardless of organizational and legal forms and forms of ownership, are provided with the necessary working conditions in accordance with an individual program for the rehabilitation or habilitation of a disabled person.
It is not allowed to establish in collective or individual labor contracts the working conditions of disabled people (remuneration, working hours and rest time, the duration of annual and additional paid holidays, etc.), which worsen the situation of disabled people in comparison with other workers.
For disabled people of groups I and II, a reduced working time of no more than 35 hours per week is established with full pay.
Involvement of disabled people in overtime work, work on weekends and at night is allowed only with their consent and provided that such work is not prohibited to them for health reasons.
Disabled persons are granted annual leave of at least 30 calendar days.
Judicial practice under article 23 of the Federal Law of November 24, 1995 No. 181-FZ
- ... for business trips, certified copies of orders dated January 10, 2017 "On compensation payments for employees' expenses while on business trips", dated August 11, 16, 18, 23, 2017 "On the appointment of a person responsible for the performance of work", providing duty Telegina L.T. carry out checks on objects. testimony of witness FULL NAME5 on the transfer of Telegin L.T. ...
Decision No. 12-112/2019 dated July 25, 2019 in case No. 12-112/2019
Volkhov city court (Leningrad region) - Administrative offenses
With IPR, including in terms of ensuring individual production standards. Instruction of the chief state labor inspector Kozina D.F. on violation of LOGBU "Volkhovsky PNI" Art. 23 of the Federal Law "On the Social Protection of the Disabled in the Russian Federation", for workers living in the Volkhov PNI, is not specified. In view of the availability of information about the proper notification Petrova H.P. and Federal...
Decision No. 12-126/2019 dated July 18, 2019 in case No. 12-126/2019
Leninsky district court of Yaroslavl (Yaroslavl region) - Administrative offenses
The second disability group was received indefinitely by the employer on December 5, 2017. However, in violation of paragraph 4 of part 1 of article 92 of the Labor Code of the Russian Federation, part 3 of article 23 of the Federal Law of November 24, 1995 No. 181-FZ "On the social protection of persons with disabilities in the Russian Federation" December 05, 2017 Efremov D.A. not installed...
Judgment dated July 15, 2019 in case No. А32-15470/2019
Arbitration Court of the Krasnodar Territory (AC of the Krasnodar Territory)
The municipal formation of the city of Krasnodar on the recognition of the refusal of March 21, 2019 No. 29 / 2861-1 in issuing a construction permit on a land plot with cadastral number 23: 43:0413003:171 - illegal, the obligation to issue a permit for the construction of a workshop building on a land plot with a cadastral number 23 : 43:0413003:171. The applicant's representative at the hearing insisted ...
Decision No. 2-2449/2019 2-2449/2019~M-1828/2019 M-1828/2019 dated June 25, 2019 in case No. 2-2449/2019
Starooskolsky city court (Belgorod region) - Civil and administrative
Paid leave lasting more than 28 calendar days (extended basic leave) is provided to employees in accordance with the Labor Code of the Russian Federation and other federal laws. According to part 5 of Art. 23 of the Federal Law of November 24, 1995 No. 181-FZ “On the Social Protection of Disabled Persons in the Russian Federation”, persons with disabilities are granted annual leave of at least 30 calendar days. The worker confirms the disability...
Decision No. 2-994/2019 2-994/2019~M-501/2019 M-501/2019 dated June 21, 2019 in case No. 2-994/2019
Zavodskoy District Court of Orel (Oryol Region) - Civil and Administrative
In accordance with the individual rehabilitation program; carry out other activities. For employees who are disabled of group I or II, article 92 of the Labor Code of the Russian Federation and article 23 of the Federal Law of November 24, 1995 No. 181-FZ “On the Social Protection of Disabled Persons in the Russian Federation” provides for a reduced working time - no more than 35 hours per week With...
Decision No. 2-4736/2019 2-4736/2019~M-3492/2019 M-3492/2019 dated June 19, 2019 in case No. 2-4736/2019
Blagoveshchensk city court (Amur region) - Civil and administrative
Lists and, accordingly, could find out how wages are calculated. In addition, the plaintiff's incapacity for work, which took place in the period from 04/10/2018 to 23. 04.2018 and from 17.07.2018 to 28.08.2018, a total of 53 days, also cannot serve as a valid reason for missing the deadline, ...
Decision No. 2-1064/2019 2-1064/2019~M-831/2019 M-831/2019 dated June 4, 2019 in case No. 2-1064/2019
Sovetsky District Court of Orel (Oryol Region) - Civil and administrative
That they have been discriminated against in the sphere of labor, they have the right to apply to the court for the restoration of violated rights, compensation for material damage and compensation for moral damage. Article 23 of the Federal Law of November 24, 1995 No. No. 181-FZ "On the social protection of persons with disabilities in the Russian Federation" provides that persons with disabilities employed in organizations, regardless of organizational and legal forms ...