442 Federal Law on Social Services. Legislative framework of the Russian Federation

2. Social services in the form social services at home and in a 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 the regulatory legal acts of the Russian Federation, is lower than the maximum value or equal to the maximum per capita income for the provision of social services free of charge, established by the law of the constituent entity of the Russian Federation 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 values living wage 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 Togliatti (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.

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. According to the rules...

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

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 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 injured as a result emergency situations

, armed interethnic (interethnic) conflicts. The monthly fee for the provision of social services...

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. According...

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...

In the coming year, social services for the population will undergo serious changes. On January 1, Federal Law No. 442-FZ of December 28, 2013 “On the Basics of Social Services for Citizens in the Russian Federation” came into force, which introduces significant changes to the system and procedure for the provision of social services. Some aspects of the new law are commented today by the Minister of Socio-Demographic and Family Policy of the Samara Region Marina Yuryevna Antimonova:

- First, about the most important thing: in accordance with the Federal Law, the list of social service providers is expanding. Along with government agencies social services to the population will be provided by non-state providers - commercial and non-profit organizations, individual entrepreneurs.

Social service institutions, according to the new legislation, become providers of social services and lose their authority to recognize citizens in need of social services. Now the authorized body (the commission for recognizing citizens in need of social services) will recognize citizens as needing social services.

In the field of social services, the emphasis is on prevention and an individual approach. A new element in the social service system is “social support”, the essence of which is to provide assistance to citizens through interdepartmental interaction in receiving various types services: legal, medical, psychological, pedagogical, as well as social assistance not related to social services.
The grounds for recognizing citizens as needing social services are determined. This is the presence of circumstances that worsen or may worsen a person’s living conditions.

According to the law, fees for the provision of social services provided in semi-stationary conditions and at home are based on a targeted approach to their recipients and depend on the level of their average per capita income. Now social services will be received free of charge by citizens whose average per capita income does not exceed one and a half times the subsistence level. The law also establishes size limit payments for social services.

It is envisaged to create information resources in the field of social services - the register of social service providers and the register of recipients of social services.

1 question: Who is entitled to social services under the new law?

Answer: The right to social services are citizens recognized as needing social services from among the citizens of the Russian Federation, foreign citizens and stateless persons permanently residing in the territory of the Russian Federation, refugees. These are elderly people, disabled people, children with disabilities health, including disabled children, children and families in difficult life situations, citizens without specific place residence.

2. Question: who will provide social services after Federal Law No. 442-FZ comes into force?

Answer: In addition to the public sector, non-governmental organizations (commercial or non-profit organizations), as well as individual entrepreneurs providing social services included in the register of social service providers, will be involved in the field of social services.

3. Question: who maintains the register of social service providers?

Answer: The register of suppliers is formed and maintained by the Ministry of Socio-Demographic and Family Policy of the Samara Region.

4. Question: Where can I go to get social services?

Answer: You can apply for consideration of the issue of providing social services to the commission for recognizing citizens in need of social services, which will be created in each municipal formation, to the Ministry of Socio-Demographic and Family Policy of the Samara Region, as well as directly to the social service provider.

5. Question: where can a citizen find out information about organizations providing social services?

Answer: Information about social service providers (location, Contact Information, information about the forms of social services, the types of social services provided, as well as the amount of fees, etc.) will be located on the official website of the Ministry of Socio-Demographic and Family Policy of the Samara Region, websites and information stands of social service providers.

6. Question: who can apply for social services?

Answer: To provide social services, a citizen or his legal representative can apply himself or, at his request, other citizens, government bodies, local governments, public associations.

7. Question: in what case can the provision of social services be denied?

Answer: A decision to refuse social services is possible if the citizen (or recipient of social services) has medical contraindications, confirmed by the corresponding conclusion of a medical organization.

8. Question: in what case is a citizen recognized as in need of social services?

Answer: A citizen is recognized as in need of social services if he has circumstances that worsen or may worsen his living conditions. Such circumstances include, for example: complete or partial loss of the ability to perform self-care; the presence in the family of a disabled person and disabled people (including a disabled child) who need constant outside care; the presence of a child or children experiencing difficulties in social adaptation; the presence of intrafamily conflict, as well as domestic violence; lack of a specific place of residence; lack of work and livelihood.

9. Question: who has the right to free social services?

Answer: In accordance with federal legislation The following categories of citizens have the right to free social services have been established: minor children, persons affected by emergency situations, armed international (interethnic) conflicts, as well as persons who, on the date of application, have an average per capita income lower than or equal to the size of the established limit. In the Samara region, this amount is one and a half times the subsistence minimum. For example: today the cost of living for pensioners is equal to 6082 rubles, respectively, one and a half amount will be 9123 rubles (6082 × 1.5), thus, elderly citizens and disabled people of the Samara region, whose average per capita income will be equal to or below 9123 rubles, will receive social benefits services at home and in a semi-stationary form are free of charge. The region also provides for additional categories of citizens, which include: persons recognized as disabled for the first time, within the limits of recommendations individual program rehabilitation of a disabled person in organizations providing rehabilitation services; persons without a fixed place of residence and occupation in semi-stationary and stationary forms of social services; women with children, pregnant women and adult citizens from among orphans, children without parental care, who find themselves in difficult life situations, in social hotels or departments providing social services in inpatient settings.

10. Question: will there be changes in payment for the provision of social services?

Answer: From January 1, 2015, the limits of monthly fees for the provision of social services were approved. For the provision of services at home and in a semi-stationary form, the fee will be no more than 50% of the difference between the recipient’s average per capita income and limit value average per capita income for the provision of social services free of charge (one and a half times the subsistence minimum). In the stationary form, the payment limit is no more than 75% of the average per capita income of the recipient of social services.

For example, the average per capita income of a recipient of social services at home as of January 1, 2015 is 10,123 rubles, the current cost of living is 6,082 rubles, the maximum per capita income of a recipient is 9,123 rubles. (6082×1.5). 10123-9123= 1000 rub. difference. 50% of the difference – 500 rubles. This means that a recipient of social services can receive services worth over 500 rubles, but will only pay 500 rubles.

Just recently came into force new law on social services for the population. We have already talked about this (you can read it here: http://goo.gl/cZw7KI). But to understand in detail - what kind of law is this, what is new there and how now to live within the framework of this normative act? – without the help of qualified lawyers, it’s not so easy. Most recently, specialists from the Garant information and legal portal prepared an analysis of the law. We are pleased to share this extremely useful information.

“On October 25, 2010, speaking at a meeting of the Presidium of the State Council on social policy In relation to 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 State Council Presidium is to summarize and disseminate what is called the best regional practices. Moreover, it [the new law – Ed.] 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 of December 28, 2013 No. 442-FZ “On the Fundamentals of Social Services for Citizens in the Russian Federation” (hereinafter referred to as the new law). Moreover, a large Some 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 “On the Fundamentals of Social Services for the Population in the Russian Federation” (hereinafter referred to as the old law) and the Federal Law of December 10, 1995 No. August 2, 1995 No. 122-FZ "On social services for elderly and disabled citizens."
Let's consider what changes citizens need to keep in mind in connection with the entry into force of the new law.

1. The concept of “recipient of social services” has been 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;
- 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 cruel 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."

2. A social service provider has been identified.
The social service provider is entity regardless of its organizational and legal form and (or) individual entrepreneur providing social services. Previously, there was no such concept, although in fact social services were provided by regional state enterprises and social service institutions, as well as enterprises and institutions of other forms of ownership and individual entrepreneurs.

3. 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 and rehabilitation institutions.
After the new law comes into force, citizens can count on providing them with the following types social services:
- social and household;
- social and medical;
- socio-psychological;
- social and pedagogical;
- social and labor;
- social and legal;
- services in order 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 Money, fuel, special Vehicle, as well as rehabilitation services that they could have received earlier (Article 8 of the old law).

4. 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. From January 1, 2015, the following can count on the provision of free social services:
- minors;
- persons affected by emergency situations, armed 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 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. Let’s say the cost of living for pensioners was 6,804 rubles. This means that before January 1, for example, a single pensioner 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 rub.).
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.

5. 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 filing an application for social services, and is reviewed 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 choosing a social service provider, a citizen must enter into an agreement with the provider on the provision of social services. The contract must stipulate the provisions determined by the 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."

6. The organization of social services has been determined.
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 inpatient institutions intended for disabled children who suffer from mental disorders, and vice versa. However, it was still worth emphasizing such prohibitions. For example, numerous cases in Russia of healthy children being placed 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. professional education, meeting the requirements and nature of the work performed, experience in the field of social services, and inclined, by their personal qualities, to provide social services.”
Based on materials from IPP "Garant" http://www.garant.ru/article/604320/#ixzz3QXjQdTCj

Social services for the population, as one of the components of social support for the population, is a direction of activity of social services in the field of social support, providing social, social, medical, psychological and pedagogical, as well as other types of services, carrying out social adaptation and rehabilitation of citizens in difficult life situation.

Financial support for the activities of social service organizations under the jurisdiction of federal executive authorities and state authorities of constituent entities of the Russian Federation is carried out at the expense of the corresponding budget, as well as at the expense of recipients of social services when providing social services for a fee (partial payment).

The law provides for the implementation of interdepartmental interaction in the provision of social services on the basis of regulations approved by state authorities of the constituent entities of the Russian Federation.

The effective functioning of the social service system is ensured through control (supervision) in the field of social services, including public control.

1. The subject of regulation is, as a rule, relations arising in connection with the achievement of goals in a specific field of activity, i.e. Essentially, the subject of regulation is legal relations, united by certain characteristics that make it possible to distinguish them into separate group. The commented regulation regulates legal relations arising regarding the provision of social services.

The commentator acts as the main source legal regulation relations in the field of social services, it is he who establishes the foundations public policy in the field of social services. The legislator will highlight three components of such a policy: legal, organizational and economic.

Legal basis is a set of rules of law governing basic issues in the field of social services. The task of the commentator is to establish the basic legal “brackets”, to create a legal foundation for building a social service system. The specification of legal norms is assigned to subordinate normative legal acts and regulatory legal acts of the constituent entities of the Russian Federation.

1) establishes the basic concepts used for legal regulation and the principles on which such regulation and the entire social service system as a whole are based;

Organizational Basics social services is, first of all, the establishment of a procedure for the provision of social services. The commentary defines the circle of persons who can act as providers of social services, and also provides criteria by which citizens can be classified as “recipients of social services.” The procedure for the provision of social services is established, incl. rules for applying for such services. It is through establishing the circle of persons who can be social service organizations, determining their legal status, the basis for monitoring the activities of such persons, as well as the requirements for the provision of social services and the organizational role of the commented Law in the field of social services.

In accordance with the Constitution of the Russian Federation, issues of social services are under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. According to the Constitution of the Russian Federation, on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, federal laws and laws and other regulatory legal acts of the constituent entities of the Russian Federation adopted in accordance with them. Such a two-level system of legal regulation requires consistency, a clear division of powers between the constituent entities of the Russian Federation and federal center. The commented Law is intended to implement such a division of powers, which establishes a list of powers of federal government bodies, incl. special authorized executive body (Ministry of Labor of Russia), and a list of powers of government bodies of the constituent entities of the Russian Federation. The list of powers is established on the basis of law enforcement practice, expediency, and in order to create an effective social service system. The lists of designated powers are open and can be supplemented if necessary.

The organization of a social service system is impossible without establishing the legal status of the main participants in the system - providers and recipients of social services. The commentary in the relevant chapters establishes the rights and obligations of the above persons. Among the features of the commented Law, one can highlight the requirement for information openness of the social service provider, who is obliged to provide open access information about your activities. This obligation of the provider corresponds to the right of the recipient of social services to gain access to such information. Information openness of a social service provider is one of the guaranteeing elements of organizing independent public control over the quality of social services.

The law clearly defines the principles, conditions and procedure for the provision, as well as the composition and content of social services.

The grounds for recognizing citizens as needing social services are determined. This is the presence of circumstances that worsen or may worsen a person’s living conditions. For example, partial or complete loss of the ability to self-care and/or move; the presence in the family of a disabled person who needs constant care; intra-family conflicts; violence in family; homelessness of minors; lack of a specific place of residence, work and means of subsistence.

The basis for the provision of social services can be an application from both the citizen himself and his legal representative, other persons, bodies and public associations.

Particular emphasis is placed on preventing citizens from needing social services. Social support is being introduced. That is, citizens, if necessary, can be assisted in obtaining the necessary medical, psychological, pedagogical, legal, and social assistance.

The principle of providing social services based on individual need for social services is established. The latter can be provided in a hospital, semi-inpatient setting and at home. The development of an individual program for the provision of social services is provided.

In urgent cases, urgent social services can be provided (providing free food, clothing and basic necessities, assistance in obtaining temporary housing, legal and emergency psychological assistance, etc.).

According to the law, payment for social services provided in semi-stationary conditions and at home is based on a targeted approach to their recipients and depends on the level of their average per capita income. The maximum amount of payment for social services is limited. At the same time, it is stipulated that the new conditions for the provision of social services should not worsen the situation of those who are currently entitled to receive them. In particular, this should not lead to an increase in fees for services for these persons.

Free social services are provided to the following categories. In all forms - to minor children, as well as victims of emergency situations and armed international (interethnic) conflicts. At home and in a semi-stationary form, citizens whose average per capita income is below the established value can receive social services free of charge. The size of the maximum per capita income for the provision of social services free of charge will be determined by regional authorities (but not less than 1.5 times the regional subsistence level).

The rights and obligations of providers and recipients of social services are prescribed, and maintenance of a register of providers and a register of recipients is provided.

Businesses will be involved in providing social services. Public control is being introduced in the field of social services.