Legislative base of the Russian Federation. Federal Law on the Disabled in Russia Order 181 fz dated November 24

RUSSIAN FEDERATION

FEDERAL LAW ON THE SOCIAL PROTECTION OF THE DISABLED IN THE RUSSIAN FEDERATION

State Duma

Approved

Federation Council

(as amended by Federal Laws No. 125-FZ dated July 24, 1998,

dated 01/04/1999 N 5-FZ, dated 07/17/1999 N 172-FZ,

dated 05/27/2000 N 78-FZ, dated 06/09/2001 N 74-FZ,

dated 08/08/2001 N 123-FZ, dated 12/29/2001 N 188-FZ,

dated December 30, 2001 N 196-FZ, dated May 29, 2002 N 57-FZ,

dated January 10, 2003 N 15-FZ, dated October 23, 2003 N 132-FZ,

No. 122-FZ of 22.08.2004 (as amended on 12.29.2004), No. 199-FZ of 29.12.2004,

dated December 31, 2005 N 199-FZ)

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 the 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.

(the paragraph was introduced by Federal Law No. 122-FZ of August 22, 2004)

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 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 18 are assigned the category "disabled child".

(as amended by Federal Law No. 172-FZ of July 17, 1999)

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.

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 equal opportunities for them to participate in society with other citizens.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

Social support for the disabled - a system of measures that provides social guarantees to the disabled, established by laws and other regulatory legal acts, with the exception of pensions.

(Part two was introduced by Federal Law No. 122-FZ of August 22, 2004)

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) 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) setting standards for technical means of rehabilitation, means of communication and informatics, establishing 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 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 of enterprises, institutions and organizations located in the federal

Property carrying out activities in the field of rehabilitation of the disabled;

(as amended by Federal Law No. 15-FZ of 10.01.2003)

Decree of the Government of the Russian Federation of 29.12.2005 N 832 approved the federal target program "Social Support for the Disabled for 2006-2010".

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;

(Clause 10 as amended by Federal Law No. 122-FZ of August 22, 2004)

11) creation of federal institutions of medical and social expertise, control over their activities;

(Clause 11 as amended by Federal Law No. 122-FZ of August 22, 2004)

12) is no longer valid. - Federal Law of August 22, 2004 N 122-FZ;

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) is no longer valid. - Federal Law of August 22, 2004 N 122-FZ;

16) assistance in the work of all-Russian public associations of the disabled and assistance to them;

17) - 18) have become invalid. - Federal Law of August 22, 2004 N 122-FZ;

19) formation of indicators of the federal budget for the costs of social protection of disabled people;

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.

(Item 20 was introduced by Federal Law No. 172-FZ of July 17, 1999)

Article 5

(As amended by Federal Law No. 199-FZ of December 31, 2005)

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;

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.

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 AND 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 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 organism based on an analysis of clinical, 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.

Article 8

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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 Government of the Russian Federation.

Federal institutions of medical and social expertise are entrusted with:

(as amended by Federal Laws No. 132-FZ of October 23, 2003, No. 122-FZ of August 22, 2004)

1) establishment of disability, its causes, timing, time of onset of disability, the needs of a disabled person in various types of social protection;

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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;

(Clause 4 as amended by the Federal Law of October 23, 2003 N 132-FZ)

5) determination of the degree of loss of professional ability to work;

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

Chapter III. REHABILITATION FOR THE DISABLED

Article 9. The concept of rehabilitation of disabled people

Rehabilitation of disabled people - a system and process of full or partial restoration of the abilities of disabled people for household, 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;

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.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

Article 10

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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.

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.

Article 11. Individual rehabilitation program for a disabled person

Individual rehabilitation program for a disabled person - developed on the basis of a decision of an 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.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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.

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.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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 list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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 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.

(as amended by Federal Laws No. 132-FZ of October 23, 2003, No. 122-FZ of August 22, 2004)

If a technical means of rehabilitation or a service provided for by an individual rehabilitation program cannot be provided to a 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 means of rehabilitation, services that must be provided to the disabled person.

(as amended by Federal Laws No. 132-FZ of October 23, 2003, No. 122-FZ of August 22, 2004)

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 11.1. Technical means of rehabilitation of the disabled

(as amended by Federal Law No. 122-FZ of 22.08.2004)

(introduced by Federal Law No. 132-FZ of October 23, 2003)

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.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

The technical means of rehabilitation of the disabled are:

(as amended by Federal Law No. 122-FZ of 22.08.2004)

The paragraph is invalid. - Federal Law of August 22, 2004 N 122-FZ;

Special facilities 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, ocular prostheses and hearing aids);

Special fitness and sports equipment, sports equipment.

The decision to provide disabled people with technical means of rehabilitation is made when medical indications and contraindications are established.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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, it is necessary to provide a disabled person with technical means of rehabilitation that provide compensation or elimination of persistent restrictions on the life of a disabled person.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

Parts six - seven are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

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.

Parts nine - eleven are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

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.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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.

(Part fourteen as amended by Federal Law No. 122-FZ of 22.08.2004)

The list of technical means of rehabilitation and indications for providing disabled people with them, as well as the procedure for providing disabled people with technical means of rehabilitation, are determined by the Government of the Russian Federation.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

The amount and procedure for the payment of annual monetary compensations to disabled persons for the costs of maintaining and veterinary care of guide dogs are determined by the Government of the Russian Federation.

(part sixteen as amended by Federal Law No. 122-FZ of 22.08.2004)

Article 12. Repealed. - Federal Law of August 22, 2004 N 122-FZ.

Chapter IV. LIFE SUPPORT FOR THE DISABLED

Article 13. Medical assistance to the disabled

The provision of qualified medical care to the disabled 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.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

Parts two and three are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Article 14 was put into effect on January 1, 1998 (Decree of the Government of the Russian Federation of December 7, 1996 N 1449).

Article 14

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 institutions and libraries under the jurisdiction of the constituent entities of the Russian Federation, and municipal educational institutions 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 educational institutions and libraries is an expense obligation of the Russian Federation.

(part one as amended by Federal Law No. 122-FZ of 22.08.2004)

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.

Authorized bodies provide assistance to disabled people in obtaining sign language translation services, providing sign language equipment, and providing tiflo means.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

Article 15

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 unimpeded 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).

(part one as amended by the Federal Law of 08.08.2001 N 123-FZ)

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 the disabled, the adaptation of vehicles, communication and information facilities for unhindered access to them by the disabled and their use by the disabled, the creation of conditions for the disabled 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.

(Part three as amended by Federal Law No. 123-FZ of 08.08.2001)

Part four is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

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 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.

Part eight is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

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.

Article 16

(as amended by the Federal Law of 08.08.2001 N 123-FZ)

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.

Funds received from the collection of administrative fines for evading the requirements to create conditions for persons with disabilities for unhindered access to these facilities and funds are credited to the federal budget.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

Article 17

(As amended by Federal Law No. 199-FZ of December 29, 2004)

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 Government of the Russian Federation.

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 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 dwelling in the houses 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, is retained by him for six months.

Specially equipped living quarters in the houses 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 payment for housing (in houses of 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 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.

Article 18. Upbringing and education of children with disabilities

Part one is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Educational institutions, together with the social protection authorities of the population and health authorities, provide pre-school, out-of-school upbringing and education for disabled children, 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 general preschool institutions. For disabled children whose state of health excludes the possibility of their stay in preschool institutions of a general type, special preschool institutions are being created.

If it is impossible to carry out the upbringing and education of disabled children in general or special preschool and general educational institutions, educational authorities and educational institutions provide, with the consent of their parents, the education of disabled children according to a full general educational or individual program at home.

The procedure for the upbringing and education of disabled children at home, as well as the amount of compensation for the expenses of parents for these purposes, are determined by laws and other regulations of the constituent entities of the Russian Federation and are expenditure obligations of the budgets of the constituent entities of the Russian Federation.

(part five as amended by Federal Law No. 122-FZ of 22.08.2004)

The upbringing and education of disabled children in preschool and general education institutions is an expense obligation of a constituent entity of the Russian Federation.

(part six as amended by Federal Law No. 122-FZ of 22.08.2004)

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 with exemption from payment 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.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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 federal executive authorities.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

Providing disabled people with exemption from payment or on preferential terms with special teaching aids and literature, as well as the opportunity to use the services of sign language interpreters, is an expense obligation of the constituent entity of the Russian Federation (with the exception of students studying in federal state educational institutions). For disabled people studying in federal state educational institutions, the provision of these activities is an expense obligation of the Russian Federation.

(part eight as amended by Federal Law No. 122-FZ of 22.08.2004)

Article 20

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) has expired. - Federal Law of August 22, 2004 N 122-FZ;

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.

Article 21

(as amended by Federal Law No. 188-FZ of December 29, 2001)

For organizations with more than 100 employees, the legislation of the subject of the Russian Federation establishes a quota for hiring disabled people as a percentage of the average number of employees (but not less than 2 and not more than 4 percent).

(part one as amended by Federal Law No. 122-FZ of 22.08.2004)

Public associations of disabled people and organizations formed by them, including business partnerships and companies whose authorized (share) capital consists of the contribution of a public association of disabled people, are exempt from mandatory quotas for jobs for disabled people.

Article 22

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.

Parts three and four are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

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.

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.

(As amended by Federal Law No. 74-FZ of June 9, 2001)

Article 24

Employers have the right to request and receive information necessary when creating special jobs for the employment of disabled people.

(as amended by Federal Law No. 132-FZ of October 23, 2003)

Employers, in accordance with the established quota for hiring disabled people, are obliged to:

(as amended by Federal Law No. 132-FZ of October 23, 2003)

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. Has expired. - Federal Law of December 30, 2001 N 196-FZ.

Articles 25 - 26. Repealed. - Federal Law of August 22, 2004 N 122-FZ.

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.

Part two is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Article 28

On the issue of social services for the elderly and the disabled, see Federal Law No. 122-FZ of August 2, 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.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

On the issue concerning the payment of compensation payments to persons caring for a disabled person of group 1, as well as a disabled child under 18 years old, see Decree of the President of the Russian Federation of December 26, 2006 N 1455.

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.

Part four is excluded. - Federal Law of October 23, 2003 N 132-FZ.

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.

Part five is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Disabled people are provided with household appliances, typhlo-, deaf- and other means necessary for their social adaptation.

(as amended by Federal Law No. 132-FZ of October 23, 2003)

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.

(as amended by Federal Laws No. 132-FZ of October 23, 2003, No. 122-FZ of August 22, 2004)

The procedure for the provision of services for the maintenance and repair of technical means of rehabilitation of the disabled is determined by the Government of the Russian Federation.

(Part eight was introduced by Federal Law No. 132-FZ of October 23, 2003, as amended by Federal Law No. 122-FZ of August 22, 2004)

Paragraph 7 of Article 154 of the Federal Law of August 22, 2004 N 122-FZ establishes that until the entry into force of the relevant federal law, the amount of the monthly cash payment is not taken into account when calculating the total income of a family (a citizen living alone) to assess their need when determining the right to receiving subsidies for housing and utility bills.

When establishing monthly cash payments to persons with limited ability to work III, II and I degree, apply without additional re-examination, respectively, I, II and III disability groups established before January 1, 2005 (paragraph 6 of Article 154 of the Federal Law of 22.08. 2004 N 122-FZ).

Article 28.1. Monthly allowance for people with disabilities

(Introduced by Federal Law No. 122-FZ of August 22, 2004 (as amended on December 29, 2004))

1. Disabled persons and children with disabilities are entitled to a monthly cash payment in the amount and in the manner established by this article.

The amount of the monthly cash payment from January 1, 2006 is calculated and paid taking into account the indexation (change) of the amount of the monthly cash payment and the cost of a set of social services carried out for the period from January 1, 2005 in accordance with the legislation of the Russian Federation (paragraph 5 of Article 154 of the Federal Law of 08.22.2004 N 122-FZ).

2. The monthly cash payment is set in the amount of:

1) disabled persons with III degree of limitation of the ability to work - 1,400 rubles;

2) persons with disabilities who have II degree of limitation of the ability to work, children with disabilities - 1,000 rubles;

3) disabled persons with the I degree of limitation of the ability to work - 800 rubles;

4) disabled persons who do not have a degree of limitation of the ability to work, with the exception of disabled children - 500 rubles.

3. 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 when a monthly cash payment is established in accordance with the Law of the Russian Federation "On 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 to 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.

4. The amount of the monthly cash payment is subject to indexation in the manner and within the time limits determined by Federal Law No. 173-FZ of December 17, 2001 "On Labor Pensions in the Russian Federation" for indexing the size of the basic part of the labor pension.

5. The monthly cash payment is established and paid by the territorial body of the Pension Fund of the Russian Federation.

6. Monthly cash payment is made 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.

7. Part of the amount of the monthly cash payment may be used to finance the provision of social services to a disabled person in accordance with the Federal Law of July 17, 1999 N 178-FZ "On State Social Assistance".

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

(introduced by Federal Law No. 199-FZ of December 29, 2004)

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 disabled people to pay for housing and utilities and to provide housing for disabled people and families with disabled children who need to improve their living conditions, registered before January 1, 2005 .

Funds for the implementation of the delegated powers to provide these measures of social support are provided as part of the Federal Compensation Fund, formed in the federal budget, in the form of subventions.

The amount of funds provided for in the Federal Fund for Compensation to the Budgets of the Subjects 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;

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 constituent entities of the Russian Federation quarterly submit to the federal executive body that develops 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 purposes other than those intended, the authorized federal executive body shall have the right to recover 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.

Articles 29 - 30. Repealed. - Federal Law of August 22, 2004 N 122-FZ.

Article 31

(as amended by Federal Law No. 122-FZ of 22.08.2004)

Parts one and two are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

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 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 the measure of social protection).

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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

(as amended by Federal Law No. 5-FZ of 04.01.1999)

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 January 4, 1999)

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.

Article 34 - Federal Law of August 22, 2004 N 122-FZ.

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.

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.

President of Russian Federation

B. YELTSIN

Moscow Kremlin

RUSSIAN FEDERATION

THE FEDERAL LAW

ON SOCIAL PROTECTION OF DISABLED PEOPLE IN THE RUSSIAN FEDERATION

Accepted

State Duma

Approved

Federation Council

(as amended by Federal Laws No. 125-FZ dated July 24, 1998,

dated 04.01.1999 N 5-FZ, dated 17.07.1999 N 172-FZ,

dated 05/27/2000 N 78-FZ, dated 06/09/2001 N 74-FZ,

of 08.08.2001 N 123-FZ, of 12.29.2001 N 188-FZ,

dated December 30, 2001 N 196-FZ, dated May 29, 2002 N 57-FZ,

dated 01/10/2003 N 15-FZ, dated 10/23/2003 N 132-FZ,

dated 22.08.2004 N 122-FZ (as amended on 29.12.2004), dated 29.12.2004 N 199-FZ,

dated December 31, 2005 N 199-FZ, dated October 18, 2007 N 230-FZ,

dated 01.12.2007 N 309-FZ, dated 01.03.2008 N 18-FZ,

dated 14.07.2008 N 110-FZ, dated 23.07.2008 N 160-FZ,

dated 22.12.2008 N 269-FZ, dated 28.04.2009 N 72-FZ,

dated 24.07.2009 N 213-FZ)

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.

(the paragraph was introduced by Federal Law No. 122-FZ of August 22, 2004)

Chapter I. GENERAL PROVISIONS

Article 1

(as amended by Federal Law No. 172-FZ of July 17, 1999)

Article 2. The concept of social protection of disabled people

(as amended by Federal Law No. 122-FZ of 22.08.2004)

ConsultantPlus: note.

For some measures of social support for people with disabilities, see Decree of the President of the Russian Federation of May 6, 2008 N 685.

Social support for the disabled - a system of measures that provides social guarantees to the disabled, established by laws and other regulatory legal acts, with the exception of pensions.

(Part two was introduced by Federal Law No. 122-FZ of August 22, 2004)

Article 3

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;

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;

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;