Law 442 f3 on the basics of social services. Free and preferential social assistance

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

1. Citizens with an average per capita income of 1.5 subsistence minimum 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 of 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 minimum - 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 the last year
— A medical certificate of health indicating 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 local branch social security 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 program social services.

4. Receive an individual social services program

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
V 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 Federal Law“On the Fundamentals of Social Services for Citizens in the Russian Federation” systematizes and regulates 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 may 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, 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 a separate group. The commented regulation regulates legal relations arising regarding the provision of social services.

The commentary acts as the main source of legal regulation of 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 regulatory 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;

The organizational foundations of social services are, first of all, the establishment of the 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 is carried out organizational role commented on the 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 and a clear division of powers between the constituent entities of the Russian Federation and the 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 Law being commented on, one can highlight the requirement for information openness of the provider of social services, which is obliged to provide publicly available information about its 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.

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 operating 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 relevant 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 independent assessment quality of service provision by social service organizations»;
V article 13 Law 442 Federal Law in 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.

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

Social services are regulated by the basic legal norms of the current Federal Law. Additionally included other regulations of the Russian Federation, as well as the laws of local constituent entities of the Russian Federation.

Latest changes made to Law 442 “On Social Services”

The new legislation states that institutions that provide social services to citizens become service providers. However, now they do not check citizens who need service. Now this is controlled by an authorized body consisting of a commission of experts.

Changes in the law also affect the method of individual approach. For example, social support is a new element in the service system. It allows citizens to required types services in the following areas:

Medical;
Legal;
Psychological;
Pedagogical;
Social assistance, if it is not related to service.

The grounds by which citizens are recognized as in need of services are also identified. Changes in the following articles of the law are discussed below:

Article 7

It supplements Part 1 of the law. To determine the assessment of the quality of services provided, special conditions in service delivery organizations.

Article 8

It describes clause 24.1 of the law. This involves an independent assessment after services provided by social security institutions.

St. 13 442-FZ

This article has been supplemented with paragraph 2 in new edition. It talks about conducting an independent assessment of the quality of services provided by employees in social sphere. Indicators are determined by the Federal executive body.

Part 4 of the law has also been supplemented. It states that, regardless of the body that provides the service, it must provide the possibility of expressing opinions in writing on the World Wide Web. People who have used the service can write a comment or review after the service has been successfully provided.

Article 15 FZ-442

The criteria of the law are described on the basis of which a citizen is recognized as needing social security. To recognize it as such, it is necessary to analyze the circumstances that contribute to the deterioration of normal living conditions. He must also be declared legally incompetent. A citizen cannot:

Impossibility of independent movement for disabled people (more about social protection disabled people in);
Maintained;
Provide yourself with life's needs.

Describes methods for creating an individual program. An individual program is a document that specifies:

Types of services;
Periodicity;
Volume;
Conditions;
Deadlines.

The document is created based on the citizen’s needs in social services. The list of needs is reviewed once every 36 months. But only on the basis of an already created individual program. No changes were made in the latest version of the law.

A list of services that are provided urgently is listed.

In accordance with the law, the range of services is as follows: