December 442 fz. Analysis of the law on the fundamentals of social services for citizens in the Russian Federation

Regions may expand this list. For example, in the Moscow region there are 15 categories of citizens get free help in social centers for all eight services:

1. Citizens with an average per capita income of 1.5 living wage or less.

2. Representatives of disabled children

3. Minor children

4. Victims of emergency situations and armed conflicts

5. Disabled combatants

Also single disabled people, married couples and elderly citizens from among:

1. Disabled people and WWII participants

2. Spouses of deceased WWII participants who did not remarry

3. Former minor prisoners of fascism

4. Awarded the badge “Resident of besieged Leningrad”

5. Recipients of the medal “For the Defense of Moscow”

6. Heroes of the Soviet Union

7. Heroes of the Russian Federation and full holders of the Order of Glory

8. Heroes Social. Labor

9. Heroes of Labor of the Russian Federation and full holders of the Order of Labor Glory

10. Disabled combatants

1. WWII veterans and persons equivalent to them - 10% of the cost

2. Citizens with an average per capita income from one and a half to two times the subsistence level - 10% of the cost of social services provided

3. Citizens with an average per capita income from two to two and a half times the subsistence level - 20% of the cost of social services provided

4. Citizens with an average per capita income from two and a half times to three times the subsistence level - 30% of the cost of social services

If you do not fall into these categories or your average per capita income is above the subsistence level, you will have to pay for the services.

Price for home and semi-permanent servicecalculated according to tariffs . The tariff should not exceed the difference of 50% between the average per capita income of a person and the maximum per capita income in the region.

The price for a hospital is calculated according to tariffs that do not exceed 75% of average per capita income.

To understand how this works, here is an example.

Let's take a lonely pensioner from Moscow. He receives 30,000 rubles a month - this is his average per capita income.

The cost of living in Moscow is 15,382 rubles. Find out the minimum in your city on the regional website of the Department of Labor.

Let's multiply this figure by 1.5 living wages:1.5×15,385 = 23,073 rubles

The maximum per capita income for our pensioner is 23,073, which means he will not be able to receive services for free.

To find out the tariff for services at home and in semi-permanent form, we use the formula:
(30 000 income — 23 073 living wage ) x 50%maximum difference = 3,463 rubles

This is the maximum tariff for services per month.

How to get a social service

Free and paid services are provided in different ways. To receive guaranteed services, you need to go through 5 stages:

1. Prepare documents

— Passport
— For a child under 14 years of age, a birth certificate and a certificate of residence
— Passport and power of attorney from a disabled person, if you represent his interests
— Extract from the house register
— Certificate of income for last year
— Medical certificate about the state of health, which indicates the category of disability or injury that limits capabilities
— A certificate, certificate or certificate that confirms the right to social assistance, for example, a certificate of a WWII participant

This is not a complete list. Depending on the situation, they may require a certificate of release from prison, a court decision declaring a citizen incompetent, or other certificates. Call your local Social Security office and ask what documents are needed in your case.

2. Submit an application to social security at your place of residence

3. Wait up to 7 days

Social services are provided in a targeted manner. This means that the commission considers whether you need services or not. Verification takes up to 7 working days. After that, you are either refused or assigned an individual social service program.

4. Receive an individual social services program

According to the Constitution, the Russian Federation is a socially oriented state. That is why all categories of citizens should be provided with high-quality social services, the procedure for the provision of which is regulated in 442-FZ. Some provisions of this normative act will be discussed in the article.

What is the law about?

Federal Law No. 442-FZ sets out a number of goals and objectives that are mandatory for the relevant entities. Here you should pay attention to:

• legal, economic, organizational and other fundamentals of serving citizens in the provision of social benefits;
• a number of powers and responsibilities of both recipients and suppliers in the area in question;
• a number of rights of federal and subject authorities state power etc.

What, according to 442-FZ, is social services for Russian citizens? Article 3 refers to the activities officials to provide a number of useful services to the population. It is worth noting that social services must strictly comply with certain standards, that is, requirements for the frequency, volume and quality of a particular service.

About the principles of social service

Such an important and vast area as the provision of social services to the population must necessarily be based on a number of principles, ideas and conditions. The most important principle here is, of course, the protection of human and civil rights. Work in this area must be humane in nature, and also not allow humiliation of the personality and dignity of a person.

It is also necessary to pay attention to the following principles:

• voluntariness and confidentiality;
• targeting of service provision;
• equal access of all population groups to social services;
• territorial proximity of service providers to the recipients’ places of residence, etc.

The functioning of the system under consideration will be impossible if at least one of the presented principles disappears.

About the service system

Article 5 No. 442-FZ “On the Fundamentals of Social Services” provides a description of the structure in the area under consideration, which includes a number of government agencies, organizations and non-profit enterprises.

The government, as the main executive body, is the most important body in the field of social services. It is the government that is called upon to implement and develop public policy and normative legal regulation throughout the entire system. gives orders to regional authorities - administrations Russian subjects. In addition, the government controls various private organizations of a commercial and non-profit type. The system may also include ordinary citizens who are individual entrepreneurs- but only those involved in social services.

On the responsibilities of system subjects

According to Chapters 3 and 4 No. 442-FZ, both recipients and providers of services in the social sphere have a number of mandatory functions. To begin with, it is worth examining the responsibilities of recipients enshrined in Article 10 of the regulatory act in question. Here's what's worth highlighting here:

• provision of all necessary documentation to government authorities;
• timely notification of suppliers about changes in circumstances that determine the need for the provision of services;
• compliance with the conditions stipulated in the contract with the supplier.

According to Article 12 of Federal Law No. 442-FZ, service providers have the following responsibilities:

• implementation of their professional functions in strict accordance with the law;
• implementation of social support;
• lawful use of recipient information;
• provision of urgent services, etc.

It is also worth noting that service providers must not restrict the rights or freedoms of people, use any kind of violence, tolerate harsh treatment, etc.

About the rights of system subjects

What are social service providers entitled to? Here it is worth paying attention to Article 11 No. 442-FZ, which states the following:

• the ability to carry out requests for all necessary information from public authorities;
• the opportunity to be included in the register of suppliers - federal or regional;
• the right to refuse the service recipient or applicant if the contract was incorrectly drawn up or all necessary documentation was not provided.

Recipients of services have the right to humane and respectful treatment, to freely choose a supplier, to receive information about their responsibilities and powers in a free and accessible form, to participate in the development of individual programs, and much more.

About forms of social services

In what types and forms can the system of providing social services be expressed? In Article 19 No. 442-FZ "On Social Services" we're talking about on the provision of services at home, in stationary or semi-stationary forms.

Home service does not have a time frame, but other types of services must be strictly regulated by certain hours. It is also worth noting that purchasers of social services in stationary or semi-stationary forms must be provided with:

• the possibility of accompaniment when moving around the territory of service provision;
• the right of independent movement;
• the ability to receive duplication of texts with voice messages, and vice versa;
• the right to receive other types of assistance in accordance with the law.

The social services themselves can be of a social, medical, psychological, labor or other nature.

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

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

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

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

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

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

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

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

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

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

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

Bezhitsky District Court of Bryansk ( Bryansk region) - Civil and administrative

Bryansk boarding home for the elderly and disabled,” the previously established legal relationship for the provision of social services to the defendant by the plaintiff terminated, since the agreement on the provision of social services became invalid 31 . 12.2017. In addition, during his stay in the boarding school, the defendant systematically violated the rules internal regulations, was rude and insulted employees and residents. Based on the provisions of Articles 309, 310, ...

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

Decision No. 2-1381/2018 2-1381/2018 ~ M-1085/2018 M-1085/2018 dated May 30, 2018 in case No. 2-1381/2018

Leninsky District Court of Omsk (Omsk Region) - Civil and administrative

Decision No. 2-687/2018 2-687/2018 ~ M-624/2018 M-624/2018 dated May 30, 2018 in case No. 2-687/2018

Leningradsky District Court ( Krasnodar region) - Civil and administrative

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

Decision No. 2-1359/2018 2-1359/2018 ~ M-1072/2018 M-1072/2018 dated May 29, 2018 in case No. 2-1359/2018

Leninsky District Court of Omsk (Omsk Region) - Civil and administrative

Decision No. 2-1360/2018 2-1360/2018 ~ M-1073/2018 M-1073/2018 dated May 29, 2018 in case No. 2-1360/2018

Leninsky District Court of Omsk (Omsk Region) - Civil and administrative

In the inpatient form, social services are provided to their recipients for a fee or partial payment, with the exception of recipients of social services specified in paragraphs 1 and 3 of Article 31 of Federal Law No. 442-FZ, namely: 1) minor children; 2) persons affected by emergency situations and armed interethnic conflicts. The monthly fee for the provision of social services...

Decision No. 2-1402/2018 2-1402/2018 ~ M-1080/2018 M-1080/2018 dated May 29, 2018 in case No. 2-1402/2018

Leninsky District Court of Omsk (Omsk Region) - Civil and administrative

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

Decision No. 2-1354/2018 2-1354/2018 ~ M-1083/2018 M-1083/2018 dated May 29, 2018 in case No. 2-1354/2018

Leninsky District Court of Omsk (Omsk Region) - Civil and administrative

In the inpatient form, social services are provided to their recipients for a fee or partial payment, with the exception of recipients of social services specified in paragraphs 1 and 3 of Article 31 of Federal Law No. 442-FZ, namely: 1) minor children; 2) persons affected by emergency situations and armed interethnic conflicts. The monthly fee for the provision of social services...

On October 25, 2010, speaking at a meeting of the Presidium of the State Council on social policy regarding older citizens, Dmitry Medvedev, who held the post of president at that time, took the initiative to prepare a new law on social services. “One of the tasks of today’s Presidium of the State Council is to summarize and disseminate what is called the best regional practices. Moreover, it [ new law. – Red.] may concern not only older people, but also the entire population of our country,” the politician said then.

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

Let's consider what changes citizens need to keep in mind in connection with the entry into force of the new law.

The concept of “recipient of social services” was introduced

On January 1, the term “social service client” () disappeared from the legislation, and the concept “recipient of social services” () was introduced instead. A citizen can be recognized as a recipient of social services if he is in need of social services and is provided with social services.

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

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

Now information about recipients of social services is entered into a special register. Its formation is carried out by the subjects of the federation on the basis of data provided by social service providers ().

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

OPINION

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

Social service provider identified

The list of types of social services has been expanded

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

After the new law comes into force, citizens can count on providing them with the following types social services:

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

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

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

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

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

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

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

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

Let's look at an example. The cost of living in the Moscow region for the third quarter of 2014 for pensioners was 6,804 rubles. (Decree of the Government of the Moscow Region dated December 10, 2014 No. 1060/48 ""). This means that before January 1, for example, a single pensioner from the Moscow region with an income of less than 6,804 rubles could apply for a free social service. per month. After the new law comes into force, the amount of income that allows you to qualify for free social services cannot be lower than one and a half times the regional subsistence level. Now, to receive a free social service, all other things being equal, the monthly income of a single pensioner must be 10,206 rubles. or less (1.5 x 6804 rubles) (Law of the Moscow Region dated December 4, 2014 No. 162/2014-OZ "").

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

EXAMPLE

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

Therefore, the maximum tariff for social services should be calculated using the following formula:

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

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

The formula for calculating the tariff will be as follows:

12,000 rub. x 75% = 9000 rub.

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

Previously, the amount of fees for social services and the procedure for their provision were regulated by government bodies of the constituent entities of the federation and directly by social services ().

The procedure for receiving social services has been changed

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

An individual program for the provision of social services is drawn up with each recipient of social services. It specifies the form of social services, types, volume, frequency, conditions, terms of provision of social services, a list of recommended providers of social services, as well as social support measures. This program is mandatory for the social service provider and recommended for the citizen himself. In other words, the recipient of assistance can refuse some service, but the provider is obliged to provide it at the request of the recipient.

The program is drawn up within no more than 10 working days from the date of submission of the application for social services, and is revised at least once every three years (). Urgent social services are provided without drawing up an individual program (). Previously, the preparation of such programs was not provided for.

After drawing up an individual program and selecting a social services provider, the citizen must enter into an agreement with the provider on the provision of social services (). The contract must contain certain provisions individual program, as well as the cost of social services if they are provided for a fee.

OPINION

Galina Karelova, Deputy Chairman of the Federation Council:

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

Social service organization identified

It is interesting that the new law spells out things that are obvious to everyone at first glance: providers of social services do not have the right to limit the rights of recipients of social services; use insults, rude treatment; place disabled children who do not suffer from mental disorders in stationary organizations, intended for disabled children suffering from mental disorders, and vice versa ().

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

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

But there is also a fly in the ointment in the new rules. Thus, the new law does not establish any requirements for staffing social services. Let us remind you that previously only specialists with professional qualifications could be social service workers. vocational education, meeting the requirements and nature of the work performed, experience in the field of social services, and, due to their personal qualities, inclined to provide social services ().