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

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, 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(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. Citizens whose average per capita income is below the established value can receive social services free of charge at home and in a semi-stationary form. 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 of 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.

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 Fundamentals” came into force social services citizens in the Russian Federation", which makes 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 assist citizens through interdepartmental interaction in obtaining various types of 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 sets a maximum amount of payment 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: Citizens recognized as needing social services from among the citizens of the Russian Federation have the right to social services, foreign citizens and stateless persons permanently residing on the territory of the Russian Federation, refugees. These are elderly people, disabled people, children with disabilities, including disabled children, children and families in difficult life situations, citizens without a fixed place of residence.

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

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 municipality, 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 payment, 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 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, organs local government, 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) 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: 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 amount established limit value. 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 the recommendations of an individual rehabilitation program for 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 the maximum 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.

Explanatory note
to the draft bill on amendments to
Federal Law of December 28, 2013 N 442-FZ
« On the basics of social services for citizens
In Russian federation"

(as amended on October 20, 2014)

Federal Law No. 442-FZ of December 28, 2013 “On the fundamentals of social services for citizens in the Russian Federation,” according to its Article 37, comes into force on January 1, 2015.

As is clear from the explanatory notes and comments to it, the provisions of the Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation” systematize and regulate the actual practice of organizing social services for the population in the constituent entities of the Russian Federation.

At the same time, Federal Law No. 442 introduces unconstitutional norms that infringe on the inviolability of private life and the inviolability of the home (Part 1, Article 23 of the Constitution of the Russian Federation, Parts 1, 2, Article 137 of the Criminal Code of the Russian Federation), allowing arbitrary interference in family affairs (Article 1 of the Family Code of the Russian Federation), and, in addition, beyond the scope of the subject legal regulation of this Law, stated in its articles 1-3.

1. In article 3 « Basic concepts used in this Federal Law”, the concept of prevention is given:

“6) prevention of circumstances that determine the need for social services - a system of measures aimed at identifying and eliminating the causes that served as the basis for the deterioration of citizens’ living conditions, reducing their ability to independently provide for their basic life needs.”

Article 29 of the Federal Law No. 442 establishes that the prevention of circumstances that determine a citizen’s need for social services, including, is carried out by “ examinationsconditionslife activity of a citizen, determining the reasons,influencing the deterioration of these conditions".

The law does not indicate that the relevant authorities should begin preventive measures after a citizen applies for any help to the social service authorities. Consequently, the bodies of interdepartmental interaction, in accordance with the adopted law, will have the right to enter homes, conduct an “inspection”, “identify the causes” even before the occurrence of circumstances giving the right to social services, which can be regarded in no other way than “collection, storage, use and dissemination of information about a person’s private life without his consent”, and this is directly prohibited by Part 1 of Article 24 of the Constitution of the Russian Federation.

The validity of such fears is confirmed by the statement of Nelly Strutinskaya, Commissioner for Children’s Rights in the Komi Republic : “I believe that any family (not only at social risk) should be under the close attention of the relevant authorities in order to provide timely assistance ( http://www.kzsrk.ru/news/3901/).

Meanwhile, in article 15 « Recognition of a citizen in need of social services” there is not a single specific circumstance that could be prevent by means of the measure specified in subparagraph 1, paragraph one of Article 29. It is impossible by examining living conditions to prevent old age, disability, illness, loneliness, orphanhood, poverty, unemployment, lack of a specific place of residence, neglect, conflicts, abuse, difficulties in social adaptation.

To prevent these circumstances specified in the law, which are the basis for providing a citizen with social services, a set of measures is necessary in the field of economics, culture, education, medicine, safety precautions and others. However, the conclusion of the Government of the Russian Federation states that this law does not require additional funding, which means that funding “for prevention” is not included in the new law.

The danger of the proposed norm is obvious: under a plausible pretext, total control over citizens is introduced in order to increase the coverage of the population with social services, and, consequently, to obtain more funding for organizations providing these services. It is clear that the state cares not so much about the recipients of social services, but about the providers of social services.

The bill proposes to exclude subparagraph 1 of paragraph one of Article 29 from Federal Law No. 442.

2. Subparagraph 5 of paragraph one of Article 15 “Recognition of a citizen in need of social services” will also contribute to total control over the population, which, as a circumstance that worsens or can worsen the living conditions of a citizen, entailing the need for social services, indicates

“5) the presence of intra-family conflict, including with persons with drug or alcohol addiction, persons addicted to gambling, persons suffering from mental disorders, and the presence of domestic violence.”

But " hthrough overcoming variousconflicts In family interaction, both spouses and children develop the ability to overcome life’s difficulties, as well as the ability to bear responsibility for their behavior in the family and in society. There are no conflict-free families, because...conflicts inevitably arise in the dynamics of marital and parent-child relationships. Without them, the development of the individual and the family as a whole is impossible. Family well-being does not depend on the absenceconflicts , but from developing the ability to overcome them and cope with them in all family members. It should be concluded that there are conflicts with any family. Conflicts can both aggravate crises and resolve them, but social services should not interfere in them, because No measures taken by social workers can reduce conflict in the family, and outside intervention can only increase it.”(from the opinion of expert psychologist, Candidate of Psychological Sciences Kunitsa M.Yu).

In themselves, “conflicts” in the family, even with antisocial persons, cannot be the object of attention of anyone other than the parties to the conflict. But drug and alcohol addiction, gambling addiction, and mental illness cannot be eliminated by social service measures regulated in Federal Law 442; patients need treatment. In addition, medical diagnoses of diseases that citizens suffer from are medical secrets (Article 13 of the Law of November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”), protected by laws, including Article 137 of the Criminal Code of the Russian Federation (violation of privacy), Article 10 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”. Dissemination of information about diseases by family members without the consent of the patient in the absence of any threat to the life and health of others can also be punishable by law. At the same time, neither the patient himself nor his family members are deprived of the opportunity, if necessary, to apply for medical care to the relevant organizations.

The concept of violence is not deciphered in the article, which carries the risk of a broad interpretation of the law and violation of the rights of citizens. Meanwhile,

« in the psychological, pedagogical and forensic literature there are several classifications of various types of violence.

Psychological violence in the family is considered to be any requirement or rule that is fulfilled without desire, as well as everything that leads to coercion and submission - forced execution of the will of another person. In the family, in marital and child-parent relationships, situations inevitably arise that require the fulfillment of family and social norms, rules and agreements, which are often carried out unwillingly, forcedly or through concessions and compromises.

In each family, depending on cultural, spiritual traditions, family rules brought by spouses from parental relationships into their family, one of them takes on the role of head of the family and establishes new rules by which the married couple lives and is raised
children. Raising children is built on demands, concessions, compromises, rewards and punishments and is based on the formation of responsibility in all family members through overcoming marital and child-parent conflicts and submission to family authorities (father and mother).”(from the same expert report) .

Thus, psychological violence should be excluded from the scope of Federal Law No. 442, as it poses a potential threat to interference in family relationships by interdepartmental cooperation bodies.

Since physical or sexual violence in the family may constitute circumstances requiring social services, for example in the form of shelter for mother and child, subparagraph 5 of paragraph one of Article 15 should be stated in a different wording, leaving them among the circumstances that worsen or may worsen the living conditions of a citizen.

3. As excessive and unjustified, contrary to paragraph two of Article 3, endlessly expanding the scope of interference in the personal space of a citizen, subparagraph 8 of paragraph one of Article 15 is subject to exclusion, since not every deterioration in a citizen’s living conditions (for example, a decrease in wages, reduction in living space, etc.) is directly related to the inability to independently provide for one’s basic living needs and requires the provision of social services.

The implementation from January 1, 2015 of these norms, which allow intrusion into a home and collection of information about private life without the consent and application of a citizen, or without a court decision, for “prevention purposes,” will entail a massive violation of the rights of citizens. Whereas article 55 The Constitution of the Russian Federation provides.

Social services for the population in the Russian Federation are regulated by Federal Law. It defines the legal and economic aspects of this issue, as well as the powers of federal and regional government bodies in this area. The rights and obligations of recipients and providers of relevant services are prescribed, as well as those categories of persons to whom this law applies.

Federal Law 195 Federal Law “On the Fundamentals of Social Services for the Population in the Russian Federation,” which was previously in force in this area, lost force with the adoption of the new law. Federal Law 442 was approved on December 28, 2013, came into force on January 1, 2015, and from that moment Federal Law 195 ceased to apply.

The current Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation” retains the succession of the previous document, but significantly expands the list of issues under consideration. Structurally, Federal Law 442 contains the following chapters:

• general provisions of the document;
• powers of federal and regional authorities;
• rights and obligations of recipients regulated by law services;
• rights, obligations, as well as compliance with information transparency of suppliers;
• provision of social services, its organization, forms and types of services;
• financing the system of services provided and the conditions for their payment by citizens;
• state and public supervision and control.

In accordance with general provisions Federal Law 442 defines the following principles of provision services required by the population:

• respect for human rights;
• humanity;
• respect for human dignity and honor;
• equal and free access of citizens to social services;
• targeting;
• proximity of suppliers to the place of residence of citizens;
• formation of a sufficient number of suppliers to meet the needs of the population;
• creating a familiar and favorable environment for humans;
• voluntary use of the services provided;
• privacy and .

By Article 19 Federal Law 442 social services are provided at home, semi-permanently or in stationary form. In the first case, the supplier arrives at the place of residence of the applicant. Semi-stationary services imply the ability to access them during certain opening hours of the institution. Stationary is the residence of the recipient on the territory of the institution providing the services provided.

Types of social services under Article 20 of Federal Law 442 are defined by the following categories:

• household services aimed at supporting the livelihoods of citizens in housing matters;
• medical oriented towards ensuring and maintaining public health;
• psychological, ensuring adaptation to society and a comfortable state of citizens;
• pedagogical aimed at helping to organize the development of children and eliminate deviations in their behavior and adaptation to society;
• labor, problem solvers with employment;
• legal providing legal assistance;
• communicative, helping to establish contacts for those citizens who are limited in their life activities.

Types of social services include: urgent help in emergency and emergency situations.

Also in the Russian Federation there is a Federal Law on social services for elderly citizens and people with disabilities. You can find out more about this law

Download 442 Federal Law

Download Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation” 442-FZ Can . The document is presented in the latest edition with changes current as of August 2014. The text can be used by human rights activists, officials, as well as citizens studying their rights and responsibilities in depth.

Last changes

Changes to the Social Services Law were made only once - July 21, 2014 years, and entered into force together with the general text of the document January 1, 2015. The amendments affected the following provisions:

• part 1 Art. 7 And article 8 accordingly, clauses 7.1 and 24.1 were supplemented with the same content: “ creating conditions for organizing an independent assessment of the quality of service provision by social service organizations»;
• V article 13 Law 442 Federal Law, Part 2, introduced clause 12.1 on conducting an independent assessment of the quality of service provision; Part 4 was introduced on ensuring the technical ability for citizens to express their opinions on quality on official websites;
• added to the law Article 23.1.

Specified Article 23.1 of Federal Law 442 regulates the organization and procedure for conducting an independent assessment of the quality of social services provided. This is defined as one of the forms of public control over the implementation of the provisions of the law. The evaluation criteria define the following principles:

• openness and accessibility of information;
• comfortable conditions;
• availability of required services;
• waiting time for social services;
• friendliness, politeness and competence of employees;
• citizen satisfaction with the services received.

Held independent assessment authorized by the federal, regional or municipal executive authority. Control is carried out in accordance with the prescribed norms of the legislation of the Russian Federation.

According to the Constitution, 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 it is worth paying 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, etc.

What, according to 442-FZ, is social services for Russian citizens? Article 3 refers to the activities of 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 legal regulation throughout the entire system. gives orders to regional bodies - administrations of Russian constituent entities. 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 service providers in 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:

• carrying out their professional functions in strict accordance with the law;
• implementation of social support;
• legal use of recipient information;
• provision 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 request all necessary information from government 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? Article 19 No. 442-FZ “On Social Services” refers to the provision of services at home, in stationary or semi-stationary forms.

Home service does not have a time frame, but other types of service provision 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.