Legislative base of the Russian Federation. Federal Law "On Social Protection of Disabled Persons in the Russian Federation" November 24, 1995 181


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.

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 ​​dwellings, is determined based on the occupied total area of ​​the dwelling in a single amount, taking into account the benefits provided.

Residential premises occupied by the disabled shall be equipped with special facilities and devices in accordance with the individual rehabilitation or habilitation program for the disabled.

Disabled persons living in social service organizations that provide social services in a stationary form and who wish to receive housing under a social contract of employment 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 social service organizations that provide social services in a stationary form, and 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 or habilitation program of a disabled person provides for the possibility of self-service and lead him an independent life.

The residential premises of the state or municipal housing stock occupied by a disabled person under a social contract of employment, when a disabled person is placed in a social service organization providing social services in a stationary form, 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 compensation for the cost of housing and utilities in the amount of 50 percent:

Payments for rent and payment for the maintenance of residential premises, including payment for services, work on the management of an apartment building, for the maintenance and current repairs of common property in an apartment building, based on the total area occupied by residential premises of state and municipal housing funds;

Payments for cold water, hot water, electrical energy consumed in the maintenance of common property in an apartment building, as well as for the disposal of wastewater in order to maintain common property in an apartment building, regardless of the type of housing stock;

Payment for utility services, calculated on the basis of the volume of consumed utility services, determined by the readings of metering devices, but not more than the consumption standards approved in the manner prescribed by the legislation of the Russian Federation. In the absence of the indicated metering devices, the payment for utilities is calculated based on the standards for the consumption of utilities approved in the manner prescribed by the legislation of the Russian Federation;

Payment of the cost of fuel purchased within the limits established for sale to the population, and transport services for the delivery of this fuel - when living in houses that do not have central heating.

Disabled people of groups I and II, disabled children, citizens with disabled children are provided with compensation for the payment of a contribution for the overhaul of common property in an apartment building, but not more than 50 percent of the specified contribution, calculated on the basis of the minimum contribution for capital repairs for one square meter of the total living area per month, established by the regulatory legal act of the constituent entity of the Russian Federation, and the size of the regional standard of the normative living space used to calculate subsidies for paying for living quarters and utilities.

Measures of social support for paying utility bills are provided to persons living in residential premises, regardless of the type of housing stock, and do not apply to the cases of applying increasing coefficients to utility consumption standards established by the Government of the Russian Federation.

Disabled people and families with disabled people are given the right to receive land plots in priority for individual housing construction, farming and gardening.


Judicial practice under article 17 of the Federal Law of November 24, 1995 No. 181-FZ

    Decision dated October 1, 2019 in case No. А51-12181/2019

    In accordance with federal targeted programs, but only in the manner and in the cases provided for by federal laws. The Constitutional Court of the Russian Federation also indicated that Part 3 of Article 17 of the Law of November 24, 1995 No. 181-FZ “On the Social Protection of Disabled Persons in the Russian Federation”, being a reference norm in nature, is applied in a systemic relationship with the provisions of the housing ...

    Ruling dated October 1, 2019 in case No. А24-7810/2018

    Arbitration Court of the Kamchatka Territory (AC of the Kamchatka Territory)

    On the need to release the land plot from the non-stationary commercial facility, as well as to transfer the land plot according to the act. The said notice was received by A.F. Patlai. 01/11/2016. 17 . On 08.2016, based on the application of the administration of the Elizovsky urban settlement, the Office of Rosreestr for the Kamchatka Territory made an entry No. 41-41/001/41/999/001/2016-390/1 on the termination ...

    Decision No. 3A-146/2019 3A-146/2019~M-280/2019 M-280/2019 dated September 19, 2019 in case No. 3A-146/2019

    Chelyabinsk regional court (Chelyabinsk region) - Civil and administrative

    A residential building, upon completion of the construction of which the developer agreed to participate in the auction of the district administration for the purchase of apartments. By the decision of the Krasnoarmeysky District Court of the Chelyabinsk Region dated August 17, 2018, the administration was denied a deferral of execution of this judicial act. On October 22, 2018 and December 07, 2018, electronic auctions held by the administration on...

    Resolution dated September 17, 2019 in case No. А51-25561/2018

    Arbitration Court of the Far Eastern District (FAS DO)

    ... ARBITRATION COURT OF THE FAR EASTERN DISTRICT Pushkin st., 45, Khabarovsk, 680000, official website: www.fasdvo.arbitr.ru RESOLUTION Khabarovsk September 17, 2019 No. F03-3467 / 2019 The operative part of the resolution was announced 12 September 2019. The full text of the resolution was made on September 17, 2019. Arbitration Court of the Far Eastern District in...

    Resolution dated September 17, 2019 in case No. А51-2298/2019

    Arbitration Court of Primorsky Territory (AC Primorsky Territory)

    ... ARBITRATION COURT OF THE FAR EASTERN DISTRICT Pushkin st., 45, Khabarovsk, 680000, official website: www.fasdvo.arbitr.ru RESOLUTION Khabarovsk September 17, 2019 No. F03-3875 / 2019 The operative part of the resolution was announced 12 September 2019. The full text of the resolution was made on September 17, 2019. Arbitration Court of the Far Eastern District in...

    Resolution dated September 3, 2019 in case No. А82-23557/2017

    Arbitration Court of the Volga-Vyatka District (FAS VVO)

    75, 114, 132 of the Constitution of the Russian Federation, articles 8, 12, 15, 16, 393, 1069 of the Civil Code of the Russian Federation, articles 51, 58 of the Housing Code of the Russian Federation, articles 17, 28.2 of the Federal Law of November 24, 1995 No. 181-FZ " On the Social Protection of the Disabled in the Russian Federation" (hereinafter referred to as the Law on the Social Protection of the Disabled), paragraphs 3-5 of the Rules...

Disabled people in Russia belong to one of the socially unprotected categories of citizens who need state support. Depending on the severity of the state of health, 3 groups of disability are distinguished. The category of the disability group affects the various measures of state support provided. These measures are regulated by the Federal Law "On Social Protection of Disabled Persons in the Russian Federation".

Definition of the Federal Law “On Social Protection and Support for the Disabled in the Russian Federation”

This law guarantees all citizens with disabilities equal rights with other citizens, as well as social support from the state. Based on this law, all state bodies are obliged to act and respect the legal rights of persons with disabilities.

The law on social protection implies providing disabled people with the necessary conditions for their life, as well as exercising their right to rehabilitation.

General provisions of the law of the Russian Federation

This law applies to people recognized as disabled. Disabled people in Russia, according to Article 1 of the Federal Law "On the Social Protection of the Disabled", are those people who have been recognized by a special social medical examination.

The main parameters for determining disability is the ability of a person to independently provide himself with the necessary actions to ensure life.

Depending on the degree of independence of a person, expert doctors establish.

Groups and types of disability

For children under the age of 18, the general category of a disabled child is established. The disability group is determined only after reaching the age of 18. This is due to the fact that in the process of child development it is quite difficult to determine the degree of independence based on the age of development of the baby.

The state assumes obligations to protect the rights of each group of disabled people. These obligations are prescribed in article 2 of this law, which are binding on all state bodies.

Legislative acts establish that in Russia every citizen has the right to ensure equal living conditions for him, as well as to create additional auxiliary conditions if he needs them.

These rights are enshrined in the fundamental law of the Russian Federation, the Constitution, as well as in the Federal Law "On the Social Protection of the Disabled". Also, on the basis of Article 3.1 of this law, no one has the right to discriminate against people on the basis of disability and infringe on them in the rights granted to them by law.

The competences of federal bodies and local self-government bodies are distributed in Articles 4 and 5 of the Federal Law “On the Social Protection of the Disabled”. Based on this distribution, all federal and local authorities are required to act.

All disabled people are listed in the Pension Fund in a certain register, where basic data about each of them is entered. This register takes into account personal data, as well as information about a person’s work activity and benefits received by him. The procedure for maintaining this register is regulated by Article 5.1 of this Law.

Article 6 of the Federal Law "On the Social Protection of the Disabled" defines responsibility for causing harm to the health of any person, which led to disability. Guilty people bear criminal, material, administrative and civil liability for causing harm to health.

You can familiarize yourself with what benefits are due to children with disabilities.

Medical and social expertise

Chapter 2 of this law establishes a specific procedure for determining disability. This conclusion is issued by the social medical examination. It includes doctors who must determine the severity of the disease and its consequences, which lead to the defective functioning of a person. The definition and activities of this expert group are defined in Article 7 of the Federal Law “On the Social Protection of the Disabled”.

Based on the determination of the human condition, this commission must also analyze and provide the following data:

  • rehabilitation course for the restoration of a person;
  • analysis of the causes of disability and its nature in general among the population of Russia;
  • development of general comprehensive measures for disabled people of each group;
  • causes of death of persons with disabilities in situations where the family of the deceased is entitled to receive state support;
  • the degree of disability of a disabled person;
  • conclusion about the disability group.

These obligations are specified in Article 8 of this Law. The decision of this commission is not subject to challenge by other authorities and is mandatory for execution.

Rehabilitation and habilitation of the disabled

Habilitation is understood as the process of restoring the abilities that a person lacked for everyday and professional activities. This definition is specified in Article 8 of this Law.

Article 33 of the Federal Law “On Social Protection of the Disabled” – public associations

In Russia, Article 33 of this legislative act allows public associations created to provide assistance to disabled people.

The state is obliged to assist them in the implementation of assistance to the disabled. This assistance is paid from the local budget of each subject.

In addition, the disabled themselves can create such associations. Their representatives should be involved in government decision-making concerning persons with disabilities. These associations may have real estate, cars and other property on their balance sheet.

Organizations whose authorized capital consists of more than half of a percent of contributions from disabled people, as well as a quarter of the wage fund provided to them, can be allocated buildings and non-residential premises for free use. In addition, such organizations participate in the small business support program.

Video

conclusions

Russian legislation provides for a wide range of state support for disabled people. According to this law, they should not need paid medical care, paid aids. In addition, they are supported in the field of education and vocational training, as well as assistance in further employment. Along with this, they receive material support from the state. But read about which disability group what benefits are due.

The entry into force of this law is regulated by its article 35, and its operation by article 36. Based on them, other laws cannot contradict this legislative act. And it comes into force from the moment of its publication.

In reality, this law does not work to its full potential, because local government agencies do not fully control the implementation of this law by all citizens and legal entities of Russia.

It does not work Edition from 24.11.1995

FEDERAL LAW dated November 24, 1995 N 181-FZ "ON SOCIAL PROTECTION OF DISABLED PEOPLE IN THE RUSSIAN FEDERATION"

This Federal Law determines 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

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 a person's ability or ability 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 assigned a disability group, and persons under the age of 16 are assigned the category "disabled child".

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.

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 the life of society with other citizens.

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.

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) the adoption of federal laws and other regulatory legal acts of the Russian Federation on the social protection of disabled people (including those regulating the procedure and conditions for providing disabled people with a unified federal minimum of social protection measures); 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) the establishment of state standards for social services, technical means of rehabilitation, means of communication and informatics, the 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 the 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 disabled people, 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.

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) determination of 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.

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 and social expertise

Medico-social expertise - determination in accordance with the established procedure of the needs of the person being examined 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 and functional, social, 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.

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 in 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

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 the disabled, which consists of social and environmental orientation and social adaptation.

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.

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 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, restoration, compensation for the ability of a disabled person to perform certain types of activities.

An individual program for the rehabilitation of 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 rehabilitation program for 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 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, then 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.

The State Service for the Rehabilitation of the Disabled is a set of public 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 means of rehabilitation, 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

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 the disabled 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.

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, methodological, 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.

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 should 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 are not must be occupied by other vehicles. Disabled people use the parking spaces for special vehicles free of charge.

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 amounts 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.

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 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 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.

Living quarters 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, shall be 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 children with disabilities 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.

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 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 program for the rehabilitation of 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 preschool institutions of a general type, special preschool institutions are created.

If it is impossible to educate and educate children with disabilities in general or special preschool and general education 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 raising and educating children with disabilities at home, in non-state educational institutions, as well as the amount of compensation for parents' expenses for these purposes, is determined by the Government of the Russian Federation.

The state guarantees the necessary conditions for disabled people to receive education and vocational training.

General education of persons with disabilities 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 disabled people in special vocational educational institutions for disabled people are carried out in accordance with state educational standards on the basis of educational programs adapted for the training of disabled people.

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.

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) establishing in organizations, regardless of organizational and legal forms and forms of ownership, 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.

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 the disabled and enterprises, institutions, organizations, business partnerships and companies owned by them, the authorized capital of which consists of the contribution of the public association of the disabled, are exempted from the mandatory quota of jobs for the disabled.

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 the disabled in excess of the approved quota, as well as to public associations of the disabled to create specialized enterprises (workshops, sites), employing disabled people.

Special workplaces for the employment of persons with disabilities - 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 persons with disabilities.

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 in the performance of 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 injury, occupational disease or other damage to health associated with the performance of work duties by employees.

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.

Involving 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.

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.

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.

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 health resort treatment, consumer services and create conditions for physical culture and sports, organizing leisure activities for people with disabilities who invest more than 30 percent of their profits in projects that ensure the life of people with disabilities, in scientific and experimental design development of technical means for the rehabilitation of people with disabilities, 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.

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 monetary payments of one type does not deprive persons with disabilities of the right to receive other types of monetary payments, if they have the grounds for this, provided for by the legislation of the Russian Federation.

Social 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, typhlo-, deaf- and other means necessary for their 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.

Disabled people and children with disabilities have the right to sanatorium 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 treatment are entitled to receive a second voucher for the person accompanying them under the same conditions.

Non-working disabled people, including those in stationary social service institutions, are given sanatorium-resort vouchers 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 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.

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 persons 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 expenses associated with the operation of special vehicles.

Disabled persons who have 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.

Organizations, regardless of organizational and legal forms and forms of ownership, provide disabled people with benefits for paying for medicines, sanatorium and 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 the disabled provide for norms that increase the level of social protection of the disabled 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).

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

In order to represent and protect their rights and legitimate interests, persons with disabilities and persons representing their interests have the right to create public associations, movements and funds in the manner prescribed by the legislation of the Russian Federation. Public associations of the disabled and their subdivisions, which are legal entities, may be participants in economic companies established for the purpose of carrying out entrepreneurial activities. Federal executive authorities, executive authorities of the constituent entities of the Russian Federation provide assistance and assistance, including material, technical and financial assistance, to public associations of the disabled, their movements and foundations.

Federal executive authorities, executive authorities of the constituent entities of the Russian Federation, organizations, regardless of their 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.

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 the 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 privileges for the payment of federal taxes, dues, duties and other payments to regional and local public associations of disabled people may be taken by state authorities of the appropriate level within the limits of the amounts credited in accordance with the legislation of the Russian Federation to their budgets.

The Zakonbase website presents the FEDERAL LAW of November 24, 1995 N 181-FZ "ON SOCIAL PROTECTION OF DISABLED PEOPLE IN THE RUSSIAN FEDERATION" in the most recent edition. It is easy to comply with all legal requirements if you familiarize yourself with the relevant sections, chapters and articles of this document for 2014. To search for the necessary legislative acts on a topic of interest, you should use convenient navigation or advanced search.

On the Zakonbase website you will find the FEDERAL LAW of November 24, 1995 N 181-FZ "ON SOCIAL PROTECTION OF DISABLED PEOPLE IN THE RUSSIAN FEDERATION" in a fresh and complete version, in which all changes and amendments have been made. This guarantees the relevance and reliability of the information.

At the same time, you can download the FEDERAL LAW dated 11.24.95 N 181-FZ "ON SOCIAL PROTECTION OF DISABLED PEOPLE IN THE RUSSIAN FEDERATION" completely free of charge, both in full and in separate chapters.

A disabled person is a citizen who, for certain reasons, is completely or partially disabled. It is not uncommon for a person with a disability not to be hired or they are discriminated against. To protect such citizens, the state adopted Federal Law 181 "On the Social Protection of the Disabled". After reading the current article, you will learn the provisions of the submitted legal act.

Also, the rights of the disabled are indicated in the law on social services for the elderly and the disabled. You can find out its main provisions

Federal Law 181 "On the Social Protection of the Disabled" was adopted in 1995. Since its adoption, numerous changes have been made and some articles have been deleted.

The fundamental provisions of FZ-181 are currently:

  • A legal concept is given to the word “disabled person”;
  • The degrees of disability are indicated and listed - I, II and III groups. Children are not assigned a group;
  • The concept of social protection of disabled people is defined. The normative institution is obliged to improve the act, and the executive institution to implement its decisions;
  • A definition of medical and social verification is introduced, which determines the degree of disability. It also establishes the fact that a citizen needs social assistance;
  • FZ-181 states that discrimination on the basis of disability is unacceptable;
  • The law establishes the need to draw up a government register of persons with disabilities;
  • Measures to support the disabled are indicated. These include: cash payments; provision of necessary goods and certain services (medicines, food, rest in a sanatorium). They also have the opportunity to receive free housing;
  • The labor rights of disabled people are defined. A citizen of this social group must work no more than 35 hours a week. At the same time, he is paid a full salary;
  • FZ-181 introduces definitions of habilitation and rehabilitation of a citizen of a given social group;
  • Other rulings.

On a note! In the Russian Federation there is an important law with the same number on the issue of labor protection. More about the Federal Law on the basics of labor protection in the Russian Federation

Rights of the Disabled

People with disabilities are the most vulnerable group of the population. For this reason, the state provides protection to the presented category.

As an example, we present a list of the rights of disabled people of the 3rd group according to the law:

  • Receive a disability pension. Today, its size is in the range of 7 thousand rubles, while the minimum amount is from 3,625 thousand rubles, and it is calculated taking into account the length of service;
  • Supplement to pension, taking into account the composition of the family - 1919 rubles;
  • Reducing payment for housing and communal services - up to 50 percent;
  • Placement in the queue for the improvement of housing conditions;
  • Acquisition of a land plot for construction, on preferential terms with a 50% discount;
  • Travel with 50% discount for 1 trip on railway transport;
  • Federal Law-181 provides for the possibility of purchasing drugs and medicines at a discount;
  • Acquisition of vouchers in a sanatorium with a 50% discount.

Thus, disability of the 3rd group provides for discounts on a number of housing and communal services, treatment, medicines, travel.

Download

To control and regulate the rights of citizens with disabilities, the law "On the Social Protection of the Disabled" was created.

Legal acts of the Russian Federation are regularly changed to obtain up-to-date information, you can FZ-181 with changes.

Recent changes to the Federal Law "On Disabled Persons"

With the latest version of the Federal Law 181 "On the Social Protection of the Disabled", no significant changes were made. According to the amendments, citizens with disabilities are given the opportunity for priority repairs of the technical equipment they need (prostheses, wheelchairs).

Article 11

In Art. 11 of Federal Law 181 indicates information on an individual program for the rehabilitation or habilitation of a citizen with disabilities. Information is provided on rehabilitation procedures for a citizen with disabilities. About their types, volumes and terms.

The current article of the law has not changed.

Article 15

In Art. 15 FZ-181 indicates the need to ensure unimpeded access for a person with a degree of disability to objects of social, engineering and transport infrastructure. In the latest edition of the law, this article has not changed.

Article 17

In Art. 17 FZ-181 describes the process of providing a disabled person with housing. The legal provision states that such citizens and families with children with disabilities who need to improve their living conditions have the right to register. As a result, they will be provided with the necessary housing that complies with the norms of Russian legislation.

Article 17 was not amended in the latest version of the law.

Article 23

In Art. 23 of Federal Law 181 describes the required working conditions for persons with a certain degree of disability. It says that any organization in which a person with disabilities works must create the necessary conditions for him. It is also noted that the duration of working hours for disabled people of the first and second groups should not exceed 35 hours per week. At the same time, wages are kept in full.

Article 23 of FZ-181 has not changed with the latest version of the law.

Article 28

Article 28 of the Federal Law describes the process of social services for a person with disabilities. It states that citizens with disabilities who need care and assistance are provided with medical and domestic assistance at home or in special organizations.

When last edited, the current article of the law was not changed.

According to official data provided by the Federal State Statistics Service, as of November 2017, 12.7 million citizens with disabilities were registered in the Russian Federation. Of them:

  • 1st group - 1,400,000 people;
  • 2 groups - 6,300,000;
  • 3 groups - 4,600,000.

These citizens belong to the socially vulnerable segments of the population. Because of this vulnerability to society, they require special protection from the state. For this purpose, a Federal Law No. 181. But what is this regulation? What are the rights of people with disabilities under Federal Law 181? What are the significant modifications of the law under consideration introduced to it during 2017? Which articles have been amended? Let's talk about it in the article.

What is a law?

Federal Law "On the Social Protection of Disabled Persons in the Russian Federation" N 181-FZ was adopted by the State Duma in the official third reading on July 20, 1995. The normative act under study was approved by the Federation Council on November 15 of the same year. The signing of the Federal Law under consideration by the President of the Russian Federation and the official publication of this document were carried out on November 25, 1905.

The federal law "On the Social Protection of the Disabled in the Russian Federation" consists of 6 chapters and 36 articles. The structure of the studied normative act is as follows:

  • Chapter 1 - General and introductory provisions (art. 1-6);
  • Chapter 2 - Principles of medical and social expertise (Art. 7-8);
  • Chapter 3 - Rehabilitation funds for citizens with disabilities (art. 9-12);
  • Chapter 4 - Problems of ensuring the life of the disabled (Art. 13-32);
  • Chapter 5 - Regulations of this Federal Law on the creation of public associations of people with disabilities (Art. 33-34);
  • Chapter 6 - Final provisions of the Federal Law under consideration (35-36).

The law on the social protection of disabled people to ensure the legal equality of citizens of the Russian Federation, regardless of their state of health. Federal Law No. 181 contains provisions that provide people with disabilities with access to activities in the field of economics, politics and social relations. The provisions of the normative act under study ensure the right of disabled people to medical care, as well as to rehabilitation measures.

Like other federal laws of the Russian Federation, Federal Law 181 regularly undergoes significant amendments. The text of the normative act under study was last updated on October 30, 2017.

The rights of disabled people under Federal Law 181

rights of the disabled, according to this law FZ 181, are as follows:

  • for social benefits;
  • To provide specialized medical care;
  • To provide funds for rehabilitation and life support;
  • For additional quotas for employment;
  • To receive education in a general or special system (depending on the state of health);
  • For monthly financial assistance from the state;
  • On unhindered access to sources of information;
  • Help in everyday life;
  • To create communities of people with disabilities;
  • On social and economic support from state bodies.

According to the regulations article 32 of the federal law being studied, an individual or legal entity that violates the rights of disabled people is called to administrative or criminal liability, depending on the severity of the crime committed. All disputes regarding violations of the norms of Federal Law 181 are resolved in court.

What changes have been made?

Any normative legal act regularly undergoes a procedure for updating its own text. This procedure is necessary to ensure the legitimacy of the document in the constantly changing social and legal conditions in modern Russia.

Last changes in the Federal Law "On the Social Protection of the Disabled in the Russian Federation" N 181-FZ were introduced October 30, 2017. The Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation” became the amending document. The regulation of article 3 of Federal Law 181 amends article 17, paragraph 13 Federal Law No. 181. The text of the article in question in the new edition states that when providing housing to the disabled, benefits for the provision of thermal energy have been abolished.

It is worth paying attention to the following significant amendments introduced to the regulations of the normative act in question at different times:

  • Art. eleven, last amended on December 1, 2012. This article deals with the provision of an individual rehabilitation / habilitation program for persons with special needs. According to the amendments, the provision of rehabilitation equipment and other means is a direct responsibility of local governments. If such services are not provided to a disabled person, or he paid for the procedures or medicines at his own expense, he is paid appropriate compensation;
  • Art. 15, latest revision - December 01, 2014. The text of the part of Federal Law No. 181 under study, as amended, states that there should be no obstacles for citizens with disabilities in terms of access to social, engineering and transport infrastructures. For this purpose, auxiliary means (such as a ramp and a traffic light with additional sound accompaniment) should be installed;
  • Art. 23, amended on 09 June 2001. According to the regulations of this article, special working conditions must be created for people with disabilities. Thus, the duration of working time for a person with a disability of group 1 or 2 is no more than 35 hours per week. Full wages are retained. According to the federal law under consideration, persons with disabilities are entitled to annual leave of at least 30 days. If the specifics of the position do not involve enhanced physical labor, disability is not a legitimate reason for refusing to hire an employee.
  • Art. 28, as amended March 7, 2017. This article in the edition under study contains the standards of social services for people with disabilities. According to the amendments, the procedure for providing people with disabilities with technical aids is determined by the Government of the Russian Federation.

The following amendments to the normative act under study are scheduled for December 2017.

Download the current version of the law

Persons interested in a more detailed study of the act in question are advised to familiarize themselves with the text of the Federal Law on the Social Protection of Persons with Disabilities in the latest edition. Download FZ 181 with the changes valid for the period of November 2017, you can follow the following