10.10.2019

Federal Law 442 on the basics of social services c. Let's understand the new law on social services

The new law gives the green light and opens up enormous opportunities for social entrepreneurship. The previous law, adopted in 1995, determined that public social services should be provided by state and municipal authorities. From 2015, the state will only set social standards and finance the provision of such services. The orders for social services themselves will be distributed on a competitive basis; their suppliers can be commercial and non-profit organizations and individual entrepreneurs. If you open a center now social services and get it working, starting next year you will be able to participate in government procurement of these services.

Federal Law of the Russian Federation of December 28, 2013 N 442-FZ "On the fundamentals of social services for citizens in the Russian Federation"

(the text is provided for review and comment, in relation to the format of the portal. The official text is at the link)

Chapter 1. General provisions

Article 1. Subject of regulation of this Federal Law

1. This Federal Law establishes:

  1. legal, organizational and economic foundations of social services for citizens in the Russian Federation;
  2. powers federal bodies state power and powers of state authorities of the constituent entities of the Russian Federation in the field of social services for citizens;
  3. rights and obligations of recipients of social services;
  4. rights and obligations of social service providers.

2. The effect of this Federal Law extends to citizens of the Russian Federation, to foreign citizens and stateless persons permanently residing on the territory of the Russian Federation, refugees (hereinafter referred to as citizens, citizen), as well as to legal entities, regardless of their organizational and legal form and individual entrepreneurs providing social services to citizens.

Article 2. Legal regulation of social services for citizens

Legal regulation of social services for citizens is carried out on the basis of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.

Article 3. Basic concepts used in this Federal Law

For the purposes of this Federal Law, the following basic concepts are used:

  1. social services for citizens (hereinafter referred to as social services) - activities to provide social services to citizens;
  2. social service - an action or actions in the field of social services to provide constant, periodic, one-time assistance, including urgent assistance, to a citizen in order to improve his living conditions and (or) expand his ability to independently provide for his basic life needs;
  3. recipient of social services - a citizen who is recognized as in need of social services and to whom a social service or social services are provided;
  4. provider of social services - a legal entity, regardless of its organizational and legal form, and (or) an individual entrepreneur providing social services;
  5. social service standard - basic requirements for the volume, frequency and quality of provision of social services to the recipient of social services, established by type of social services;
  6. prevention of circumstances that determine the need for social services is 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 4. Principles of social service

1. Social services are based on the observance of human rights and respect for the dignity of the individual, are humane in nature and do not allow humiliation of a person’s honor and dignity.

2. Social services are also provided on the following principles:

  1. equal, free access of citizens to social services, regardless of their gender, race, age, nationality, language, origin, place of residence, attitude to religion, beliefs and membership of public associations;
  2. targeting of social services;
  3. proximity of social service providers to the place of residence of recipients of social services, sufficiency of the number of social service providers to meet the needs of citizens for social services, sufficiency of financial, logistical, personnel and information resources from social service providers;
  4. maintaining the citizen’s stay in a familiar favorable environment;
  5. voluntariness;
  6. confidentiality.

Article 5. Social service system

The social service system includes:

  1. federal body executive power, performing the functions of developing and implementing public policy and legal regulation in the field of social services (hereinafter referred to as the authorized federal executive body);
  2. government body of a constituent entity of the Russian Federation authorized to implement the provisions provided for herein Federal law powers in the field of social services (hereinafter referred to as the authorized body of the constituent entity of the Russian Federation);
  3. social service organizations under the jurisdiction of federal executive authorities;
  4. social service organizations under the jurisdiction of a constituent entity of the Russian Federation (hereinafter referred to as social service organizations of a constituent entity of the Russian Federation);
  5. non-governmental (commercial and non-profit) social service organizations, including socially oriented non-profit organizations providing social services;
  6. individual entrepreneurs providing social services.

Article 6. Confidentiality of information about the recipient of social services

1. Disclosure of information classified by the legislation of the Russian Federation as information of a confidential nature or proprietary information about recipients of social services by persons to whom this information became known in connection with the performance of professional, official and (or) other duties is not permitted. Disclosure of information about recipients of social services entails liability in accordance with the legislation of the Russian Federation.

2. With the consent of the recipient of social services or his legal representative, given in writing, it is permitted to transfer information about the recipient of social services to other persons, including officials, in the interests of the recipient of social services or his legal representative, including funds mass media and the official website of the social service provider on the information and telecommunications network “Internet” (hereinafter referred to as the “Internet”).

3. Providing information about a recipient of social services without his consent or without the consent of his legal representative is permitted:

  1. at the request of the bodies of inquiry and investigation, the court in connection with an investigation or trial, or at the request of the prosecutor's office in connection with their exercise of prosecutorial supervision;
  2. at the request of other bodies empowered to exercise state control (supervision) in the field of social services;
  3. when processing personal data within the framework of interdepartmental information interaction, as well as when registering the subject of personal data on a single portal of state and municipal services and (or) regional portals of state and municipal services in accordance with the legislation on the organization of the provision of state and municipal services;
  4. in other cases established by the legislation of the Russian Federation.

Chapter 2. Powers of federal government bodies and government bodies of constituent entities of the Russian Federation in the field of social services

Article 7. Powers of federal government bodies in the field of social services

1. The powers of federal government bodies in the field of social services include:

  1. establishing the foundations of state policy and the foundations of legal regulation in the field of social services;
  2. approval of methodological recommendations for calculating per capita standards for financing social services;
  3. approval of an approximate list of social services by type of social services;
  4. approval of the procedure for posting and updating information about the social service provider, including requirements for the content and form of providing this information, on the official website of the social service provider on the Internet;
  5. management of federal property used in the field of social services;
  6. maintaining a unified federal system of statistical accounting and reporting in the field of social services;
  7. federal state control (supervision) in the field of social services;
  8. international cooperation of the Russian Federation and the conclusion of international treaties of the Russian Federation in the field of social services;
  9. other powers related to the field of social services and established by federal laws.

2. The powers of the authorized federal executive body include:

  1. development and implementation of state policy in the field of social services, as well as the development of measures to improve social services;
  2. coordination of activities in the field of social services carried out by federal executive authorities, executive authorities of state authorities of the constituent entities of the Russian Federation, all-Russian public organizations and other organizations operating in the field of social services;
  3. methodological support for social services, including those related to the prevention of circumstances that determine the need for social services;
  4. approval of an approximate nomenclature of social service organizations;
  5. approval of methodological recommendations for calculating the needs of the constituent entities of the Russian Federation in the development of a network of social service organizations;
  6. 6) approval of the rules for organizing the activities of social service organizations, their structural divisions, which include recommended staffing standards, a list necessary equipment to equip social service organizations and their structural divisions;
  7. approval of recommended nutritional standards and standards for providing soft equipment to recipients of social services according to forms of social services;
  8. approval of an approximate procedure for the provision of social services;
  9. approval of the procedure for monitoring social services in the constituent entities of the Russian Federation, as well as the forms of documents required for such monitoring;
  10. approval of recommendations for the formation and maintenance of a register of providers of social services and a register of recipients of social services;
  11. approval of recommendations for organizing interdepartmental interaction of executive bodies of state power of the constituent entities of the Russian Federation in the provision of social services, as well as assistance in the provision of medical, psychological, pedagogical, legal, social assistance not related to social services (social support) (hereinafter also referred to as social support );
  12. approval of recommendations for determining the individual need for social services of recipients of social services;
  13. approval of an application form for the provision of social services, a sample form of an agreement for the provision of social services, as well as a form individual program provision of social services (hereinafter referred to as the individual program);
  14. approval of the procedure for referring citizens to inpatient social service organizations with special social services;
  15. approval of approximate regulations on the board of trustees of a social service organization;
  16. approval of the procedure for the provision of social services, as well as the procedure for approval of the list of social services by type of social services by social service organizations under the jurisdiction of the federal executive body;
  17. other powers provided for by regulatory legal acts of the Russian Federation.

Article 8. Powers of state authorities of the constituent entities of the Russian Federation in the field of social services

The powers of state authorities of the constituent entities of the Russian Federation in the field of social services include:

  1. legal regulation and organization of social services in the constituent entities of the Russian Federation within the powers established by this Federal Law;
  2. determination of the authorized body of the constituent entity of the Russian Federation, including the recognition of citizens in need of social services, as well as the drawing up of an individual program;
  3. coordination of activities of social service providers, public organizations and other organizations operating in the field of social services in a constituent entity of the Russian Federation;
  4. approval of the regulations for interdepartmental interaction of public authorities of a constituent entity of the Russian Federation in connection with the implementation of the powers of a constituent entity of the Russian Federation in the field of social services;
  5. approval of standards for the staffing level of social service organizations of a constituent entity of the Russian Federation, standards for the provision of soft equipment and the area of ​​residential premises when providing social services by these organizations;
  6. approval of nutrition standards in social service organizations of a constituent entity of the Russian Federation;
  7. formation and maintenance of a register of providers of social services and a register of recipients of social services;
  8. development, financial support and implementation regional programs social services;
  9. approval by the law of a constituent entity of the Russian Federation of a list of social services provided by social service providers, taking into account the approximate list of social services by type of social services, approved in accordance with paragraph 3 of part 1 of Article 7 of this Federal Law;
  10. approval of the procedure for the provision of social services by social service providers;
  11. establishing a procedure for approving tariffs for social services based on per capita standards for financing social services;
  12. approval of the procedure for organizing the implementation of regional state control (supervision) in the field of social services, indicating the body of the constituent entity of the Russian Federation authorized to exercise such control;
  13. establishing a maximum per capita income for the provision of social services free of charge;
  14. approval of the amount of fees for the provision of social services and the procedure for collecting them;
  15. ensuring free access to information about social service providers, the social services they provide, types of social services, terms, procedure and conditions for their provision, tariffs for these services, including through the media, including posting information on official websites on the Internet "Internet";
  16. establishing measures of social support and incentives for employees of social service organizations of a constituent entity of the Russian Federation;
  17. organization vocational training, vocational education and additional professional education of employees of social service providers;
  18. maintaining records and reporting in the field of social services in a constituent entity of the Russian Federation;
  19. establishing a procedure for implementing programs in the field of social services, including investment programs;
  20. organization of support for socially oriented people commercial organizations, philanthropists and volunteers carrying out activities in the field of social services in the constituent entities of the Russian Federation in accordance with federal laws and the laws of the constituent entities of the Russian Federation;
  21. development and implementation of measures for the formation and development of the social services market, including the development of non-governmental social service organizations;
  22. development and testing of methods and technologies in the field of social services;
  23. approval of the procedure for interdepartmental interaction between government bodies of the constituent entities of the Russian Federation in the provision of social services and social support;
  24. approval of the nomenclature of social service organizations in the constituent entity of the Russian Federation;
  25. other powers provided for by this Federal Law and other federal laws.

Chapter 3. Rights and obligations of recipients of social services

Article 9. Rights of recipients of social services

Recipients of social services have the right to:

  1. respectful and humane treatment;
  2. receiving free information in an accessible form about your rights and obligations, types of social services, terms, procedure and conditions for their provision, tariffs for these services and their cost for the recipient of social services, the possibility of receiving these services for free, as well as about providers social services;
  3. selection of social service provider or providers;
  4. refusal to provide social services;
  5. protection of your rights and legitimate interests in accordance with the legislation of the Russian Federation;
  6. participation in the development of individual programs;
  7. ensuring conditions of stay in social service organizations that meet sanitary and hygienic requirements, as well as proper care;
  8. free visits by legal representatives, lawyers, notaries, representatives of public and (or) other organizations, clergy, as well as relatives and other persons during the day and evening;
  9. social support in accordance with Article 22 of this Federal Law.

Article 10. Responsibilities of recipients of social services

Recipients of social services are obliged to:

  1. provide, in accordance with the regulatory legal acts of the constituent entity of the Russian Federation, information and documents necessary for the provision of social services;
  2. promptly inform social service providers about changes in circumstances that determine the need for the provision of social services;
  3. comply with the terms of the contract for the provision of social services concluded with the provider of social services, including promptly and in full paying the cost of the social services provided when they are provided for a fee or partial payment.

Chapter 4. Rights, obligations and information transparency of social service providers

Article 11. Rights of social service providers

1. Social service providers have the right:

  1. request the relevant government authorities, as well as local authorities, and receive from these authorities the information necessary for organizing social services;
  2. refuse to provide a social service to a recipient of social services if he violates the terms of the contract for the provision of social services concluded with the recipient of social services or his legal representative, as well as in the case provided for in Part 3 of Article 18 of this Federal Law;
  3. be included in the register of social service providers of a constituent entity of the Russian Federation;
  4. receive information within two working days about their inclusion in the list of recommended social service providers.

2. Social service providers have the right to provide citizens, at their request, expressed in writing or electronically, with additional social services for a fee.

Article 12. Responsibilities of social service providers

1. Social service providers are obliged to:

  1. carry out its activities in accordance with this Federal Law, other federal laws, laws and other regulatory legal acts of the constituent entity of the Russian Federation;
  2. provide social services to recipients of social services in accordance with individual programs and terms of agreements concluded with recipients of social services or their legal representatives, based on the requirements of this Federal Law;
  3. provide urgent social services in accordance with Article 21 of this Federal Law;
  4. provide, free of charge, in an accessible form, to recipients of social services or their legal representatives information about their rights and obligations, types of social services, terms, procedure and conditions for their provision, tariffs for these services and their cost for the recipient of social services or the opportunity to receive them for free;
  5. use information about recipients of social services in accordance with the requirements for the protection of personal data established by the legislation of the Russian Federation on personal data;
  6. provide the authorized body of the constituent entity of the Russian Federation with information for the formation of a register of recipients of social services;
  7. provide social support in accordance with Article 22 of this Federal Law;
  8. provide recipients of social services with assistance in passing a medical and social examination carried out in the manner established by the legislation of the Russian Federation by federal institutions of medical and social examination;
  9. provide recipients of social services with the opportunity to use communication services, including the Internet and postal services, when receiving services from social service organizations;
  10. provide spouses living in a social service organization with isolated living quarters for living together;
  11. provide recipients of social services with the opportunity to freely visit their legal representatives, lawyers, notaries, representatives of public and (or) other organizations, clergy, as well as relatives and other persons during the day and evening;
  12. ensure the safety of personal belongings and valuables of recipients of social services;
  13. perform other duties related to the implementation of the rights of recipients of social services to social services.

2. Social service providers, when providing social services, do not have the right to:

  1. limit the rights, freedoms and legitimate interests of recipients of social services, including when using medicines for medical use;
  2. use physical or psychological violence against recipients of social services, insult them, abuse them;
  3. place disabled children who do not suffer mental disorders, to inpatient social service organizations intended for disabled children suffering from mental disorders, and vice versa.

Article 13. Information transparency of social service providers

1. Social service providers create publicly available information resources containing information about the activities of these providers, and provide access to these resources by posting them on information stands in the premises of social service providers, in the media, on the Internet, including on official website of the social service organization.

2. Social service providers ensure openness and accessibility of information:

  1. about the date of state registration, about the founder (founders), about the location, branches (if any), mode, work schedule, contact numbers and addresses Email;
  2. on the structure and governing bodies of social service organizations;
  3. about the form of social services, types of social services, the procedure and conditions for their provision, about tariffs for social services;
  4. on the number of recipients of social services by forms of social services and types of social services at the expense of budgetary allocations of the budgets of the constituent entities of the Russian Federation and in accordance with agreements at the expense of individuals and (or) legal entities;
  5. about the manager, his deputies, heads of branches (if any), about the personnel of employees (indicating, with their consent, the level of education, qualifications and work experience);
  6. on material and technical support for the provision of social services (availability of equipped premises for the provision of social services, including libraries, sports facilities, availability of training and education facilities, nutritional conditions and provision of health care for recipients of social services, access to information systems in the field of social services and Internet networks);
  7. on the number of available places for receiving recipients of social services in forms of social services financed from budgetary allocations of the constituent entities of the Russian Federation, as well as paid in accordance with contracts from the funds of individuals and (or) legal entities;
  8. on the volume of social services provided at the expense of budgetary allocations of the constituent entities of the Russian Federation and in accordance with agreements at the expense of individuals and (or) legal entities;
  9. on the availability of licenses to carry out activities subject to licensing in accordance with the legislation of the Russian Federation;
  10. on financial and economic activities;
  11. about the rules internal regulations for recipients of social services, internal labor regulations, collective agreement;
  12. on the availability of instructions from bodies exercising state control in the field of social services, and reports on the implementation of these instructions;
  13. about other information that is posted, published by decision of the social service provider and (or) placement, publication of which is mandatory in accordance with the legislation of the Russian Federation.

3. The information and documents specified in Part 2 of this article must be posted on the official website of the social service provider on the Internet and updated within ten working days from the date of their creation, receipt or appropriate changes. The procedure for posting on the official website of a social service provider on the Internet and updating information about this provider (including the content of this information and the form of its provision) is approved by the authorized federal executive body.

Chapter 5. Provision of social services

Article 14. Application for social services

The basis for consideration of the issue of providing social services is an application submitted in written or electronic form by a citizen or his legal representative for the provision of social services or an appeal in his interests from other citizens, an appeal from state bodies, local governments, public associations directly to the authorized body of a constituent entity of the Russian Federation or a submitted application or appeal within the framework of interdepartmental interaction.

Article 15. Recognition of a citizen as needing social services

1. A citizen is recognized as in need of social services if the following circumstances exist that worsen or may worsen his living conditions:

  1. complete or partial loss of the ability or ability to provide self-care, move independently, or provide basic life needs due to illness, injury, age or disability;
  2. the presence of a disabled person or disabled people in the family, including a disabled child or disabled children who need constant outside care;
  3. the presence of a child or children (including those under guardianship or guardianship) experiencing difficulties in social adaptation;
  4. lack of opportunity to provide care (including temporary care) for a disabled person, child, children, as well as lack of care for them;
  5. the presence of intra-family conflict, including with persons with drug or alcohol addiction, persons addicted to gambling, persons suffering from mental disorders, presence of domestic violence;
  6. lack of a specific place of residence, including for a person who has not reached the age of twenty-three and has completed his stay in an organization for orphans and children without parental care;
  7. lack of work and livelihood;
  8. the presence of other circumstances that are recognized by the regulatory legal acts of the constituent entity of the Russian Federation as worsening or capable of worsening the living conditions of citizens.

2. The authorized body of a constituent entity of the Russian Federation makes a decision to recognize a citizen as in need of social services or to refuse social services within five working days from the date of filing the application. ABOUT the decision taken the applicant is informed in writing or electronically. The decision to provide urgent social services is made immediately.

3. The decision to refuse social services may be appealed in court.

Article 16. Individual program

1. An individual program is a document that specifies the form of social services, types, volume, frequency, conditions, terms for the provision of social services, a list of recommended providers of social services, as well as social support measures carried out in accordance with Article 22 of this Federal Law.

2. An individual program is drawn up based on the citizen’s need for social services, and is revised depending on changes in this need, but at least once every three years. The revision of the individual program is carried out taking into account the results of the implemented individual program.

3. An individual program for a citizen or his legal representative is advisory in nature, and mandatory for a social service provider.

4. The individual program is drawn up in two copies. A copy of the individual program, signed by the authorized body of the constituent entity of the Russian Federation, is transferred to the citizen or his legal representative within no more than ten working days from the date of submission of the citizen’s application for the provision of social services. The second copy of the individual program remains with the authorized body of the constituent entity of the Russian Federation.

5. In the event of a change in the place of residence of the recipient of social services, the individual program drawn up at the previous place of residence remains valid within the scope of the list of social services established in the constituent entity of the Russian Federation at the new place of residence, until the individual program is drawn up at the new place of residence within the time frame and in in the manner established by this article.

Article 17. Agreement on the provision of social services

1. Social services are provided to a citizen on the basis of an agreement on the provision of social services concluded between the social service provider and the citizen or his legal representative, within 24 hours from the date of submission of the individual program to the social service provider.

2. The essential terms of the contract for the provision of social services are the provisions determined by the individual program, as well as the cost of social services if they are provided for a fee or partial payment.

3. Relations related to the execution of an agreement on the provision of social services are regulated in accordance with the legislation of the Russian Federation.

Article 18. Refusal of social services, social services

1. A citizen or his legal representative has the right to refuse social services or social services. The refusal must be made in writing and entered into the individual program.

2. The refusal of the recipient of social services or his legal representative from social services, social services releases the authorized body of the constituent entity of the Russian Federation and providers of social services from responsibility for the provision of social services, social services.

3. A citizen or recipient of social services may be denied, including temporarily, the provision of social services in an inpatient setting due to the presence of medical contraindications, the list of which is approved by the federal executive body exercising the functions of developing and implementing state policy and legal regulations. regulation in the healthcare sector. Such a refusal is possible only if there is a corresponding conclusion from an authorized medical organization.

Chapter 6. Forms of social services, types of social services

Article 19. Forms of social services

1. 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.

2. Social services in a semi-stationary form are provided to their recipients by a social service organization at a certain time of the day.

3. Social services in a stationary form are provided to their recipients with permanent, temporary (for a period determined by an individual program) or five-day (per week) round-the-clock residence in a social service organization. Recipients of social services in a stationary form are provided with residential premises, as well as premises for the provision of the types of social services provided for in paragraphs 1 - 7 of Article 20 of this Federal Law.

4. When providing social services in a semi-stationary form or in a stationary form, the following must be provided:

  1. the possibility of accompanying the recipient of social services when moving around the territory of a social service organization, as well as when using the services provided by such an organization;
  2. the ability to independently move around the territory of a social service organization, enter, exit and move within such an organization (including for movement in wheelchairs), for rest in a sitting position, as well as accessible placement of equipment and storage media;
  3. duplicating text messages with voice messages, equipping a social service organization with signs made in embossed dotted Braille, familiarizing them with inscriptions, signs and other text and graphic information on the territory of such an organization, as well as the admission of a sign language interpreter, the admission of guide dogs;
  4. duplication of voice information with text information, inscriptions and (or) light signals, informing about provided social services using Russian sign language(sign language interpreter), permission of a sign language interpreter;
  5. providing other types of outside assistance.

5. Citizens from among those released from places of deprivation of liberty, for whom administrative supervision has been established in accordance with the legislation of the Russian Federation and who have partially or completely lost the ability to self-care, in the absence of medical contraindications and upon their personal application, are accepted for social services in inpatient organizations social services with special social services in the manner established by regulatory legal acts of the constituent entities of the Russian Federation.

6. Issues of admission to inpatient social service organizations and discharge from such organizations of persons suffering from mental disorders are regulated by the legislation of the Russian Federation on psychiatric care.

Article 20. Types of social services

Recipients of social services, taking into account their individual needs, are provided with the following types of social services:

  1. social and domestic, aimed at maintaining the life of recipients of social services in everyday life;
  2. social and medical, aimed at maintaining and preserving the health of recipients of social services by organizing care, providing assistance in carrying out health-improving activities, systematically monitoring recipients of social services to identify deviations in their health;
  3. socio-psychological, providing assistance in correcting the psychological state of recipients of social services for adaptation in the social environment, including the provision psychological assistance anonymously using a helpline;
  4. socio-pedagogical, aimed at preventing deviations in behavior and personality development of recipients of social services, developing their positive interests (including in the field of leisure), organizing their leisure time, providing assistance to families in raising children;
  5. social and labor, aimed at providing assistance in finding employment and solving other problems related to labor adaptation;
  6. social and legal, aimed at providing assistance in obtaining legal services, including free of charge, in protecting the rights and legitimate interests of recipients of social services;
  7. services to increase the communicative potential of recipients of social services with disabilities, including disabled children;
  8. urgent social services.

Article 21. Urgent social services

1. Urgent social services include:

  1. providing free hot meals or food packages;
  2. provision of clothing, shoes and other basic necessities;
  3. assistance in obtaining temporary housing;
  4. assistance in obtaining legal assistance in order to protect the rights and legitimate interests of recipients of social services;
  5. assistance in obtaining emergency psychological assistance with the involvement of psychologists and clergy in this work;
  6. other urgent social services.

2. Provision of urgent social services in order to provide emergency care carried out within the time frame determined by the need of the recipient of social services, without drawing up an individual program and without concluding an agreement on the provision of social services. The basis for the provision of urgent social services is the application of the recipient of social services, as well as the receipt from medical, educational or other organizations not included in the social service system, information about citizens in need of urgent social services. Confirmation of the provision of urgent social services is an act on the provision of urgent social services, containing information about the recipient and provider of these services, the types of urgent social services provided, the terms, date and conditions of their provision. The act of providing urgent social services is confirmed by the signature of their recipient.

Article 22. Assistance in the provision of medical, psychological, pedagogical, legal, social assistance not related to social services (social support)

1. If necessary, citizens, including parents, guardians, trustees, and other legal representatives of minor children, are provided with assistance in providing medical, psychological, pedagogical, legal, and social assistance not related to social services (social support).

2. Social support is carried out by attracting organizations providing such assistance on the basis of interdepartmental interaction in accordance with Article 28 of this Federal Law. Social support activities are reflected in the individual program.

Chapter 7. Organization of the provision of social services

Article 23. Social service organizations

1. Social service organizations are organizations providing social services at home, semi-stationary social services, and stationary social services.

2. Social service organizations in the constituent entities of the Russian Federation are created and operate taking into account methodological recommendations for calculating the needs of the constituent entities of the Russian Federation in the development of a network of social service organizations and in accordance with the rules for organizing the activities of social service organizations and their structural divisions.

3. Boards of trustees are created in state social service organizations.

4. The structure, procedure for formation, term of office, competence of the board of trustees and the procedure for making decisions by it are determined by the charter of the social service organization in accordance with the legislation of the Russian Federation on the basis of the approximate regulations on the board of trustees of the social service organization.

Article 24. Information systems in the field of social services

1. Information systems in the field of social services (hereinafter referred to as information systems) collect, store, process and provide information about providers of social services (register of providers of social services) and recipients of social services (register of recipients of social services) based on data provided by providers social services.

2. Operators of information systems are the authorized body of the constituent entity of the Russian Federation and organizations with which the said body has concluded agreements on the operation of information systems.

3. The information contained in information systems is used for the purposes of monitoring social services, exercising state control (supervision) in the field of social services in accordance with Article 33 of this Federal Law and for other purposes determined by the legislation of the Russian Federation.

Article 25. Register of social service providers

1. The register of social service providers is formed in the constituent entity of the Russian Federation.

2. The inclusion of social service organizations in the register of social service providers is carried out on a voluntary basis.

3. The register of social service providers contains the following information:

  1. full and (if available) abbreviated name of the social service provider;
  2. date of state registration legal entity, individual entrepreneurs who are providers of social services;
  3. organizational and legal form of the social service provider (for legal entities);
  4. address (location, place of provision of social services), contact number, social service provider email address;
  5. last name, first name, patronymic of the head of the social service provider;
  6. information about licenses held by the social service provider (if necessary);
  7. information about forms of social services;
  8. list of social services provided by forms of social services and types of social services;
  9. tariffs for provided social services by forms of social services and types of social services;
  10. information about total number places intended for the provision of social services, the availability of free places, including forms of social services;
  11. information about the conditions for the provision of social services;
  12. information on the results of inspections performed;
  13. information about the work experience of the social service provider over the past five years;

4. The register of social service providers in a constituent entity of the Russian Federation is posted on the official website of the authorized body of the constituent entity of the Russian Federation on the Internet in accordance with the requirements of the legislation of the Russian Federation.

5. The social service provider, from the moment of its inclusion in the register of social service providers, is responsible for the accuracy and relevance of the information contained in this register.

Article 26. Register of Social Services Recipients

1. A register of recipients of social services is formed in a constituent entity of the Russian Federation on the basis of data provided by providers of social services.

2. The register of recipients of social services contains the following information about the recipient of social services:

  1. account registration number;
  2. Full Name;
  3. Date of Birth;
  4. address (place of residence), contact telephone number;
  5. insurance number of an individual personal account;
  6. series, passport number or data of another identification document, date of issue of these documents and the name of the issuing authority;
  7. date of application for social services;
  8. date of registration and number of the individual program;
  9. name of the provider or names of social service providers implementing the individual program;
  10. a list of social services provided and provided to the recipient of social services in accordance with the concluded agreement on the provision of social services, indicating tariffs, the cost of social services for the recipient of social services, sources of financing, frequency and results of their provision;
  11. other information determined by the Government of the Russian Federation.

Article 27. Requirements for the procedure for providing social services

1. The procedure for the provision of social services is mandatory for implementation by providers of social services.

2. The procedure for the provision of social services is established according to the forms of social services, types of social services and includes:

  1. name of the social service;
  2. social service standard;
  3. rules for providing social services free of charge or for a fee or partial payment;
  4. requirements for the activities of a social service provider in the field of social services;
  5. a list of documents required for the provision of social services, indicating the documents and information that the recipient of the social service must submit, and documents that are subject to submission within the framework of interdepartmental information interaction or are submitted by the recipient of the social service on his own initiative;

6) other provisions depending on the form of social services and types of social services.

3. The social service standard includes:

  1. description of the social service, including its scope;
  2. terms of provision of social services;
  3. per capita standard for financing social services;
  4. quality indicators and assessment of the results of providing social services;
  5. conditions for the provision of social services, including conditions for the accessibility of the provision of social services for disabled people and other persons, taking into account the limitations of their life activities;
  6. other provisions necessary for the provision of social services.

Article 28. Interdepartmental interaction in organizing social services in a constituent entity of the Russian Federation

1. Interdepartmental interaction in the organization of social services in a constituent entity of the Russian Federation and social support is carried out on the basis of the regulations for interdepartmental interaction, which determine the content and procedure for the actions of public authorities of the constituent entity of the Russian Federation in connection with the implementation of the powers of the constituent entity of the Russian Federation established by this Federal Law.

2. The regulations for interdepartmental interaction determine:

  1. a list of government bodies of the constituent entity of the Russian Federation that carry out interdepartmental interaction;
  2. types of activities carried out by government bodies of a constituent entity of the Russian Federation;
  3. the procedure and forms of interdepartmental interaction;
  4. requirements for the content, forms and conditions of information exchange, including in electronic form;
  5. mechanism for implementing social support measures, including the procedure for involving organizations in its implementation;
  6. the procedure for implementing state control (supervision) and assessing the results of interdepartmental interaction.

Article 29. Prevention of circumstances that determine a citizen’s need for social services

1. Prevention of circumstances that determine a citizen’s need for social services is carried out by:

  1. examining the living conditions of a citizen, determining the reasons influencing the deterioration of these conditions;
  2. analysis of state statistical reporting data, conducting, if necessary, selective sociological surveys.

2. Measures to prevent circumstances that determine a citizen’s need for social services are carried out, inter alia, within the framework of regional social service programs approved by state authorities of the constituent entities of the Russian Federation.

Chapter 8. Financing of social services and terms of payment for social services

Article 30. Financial support for social services

1. The sources of financial support for social services are:

  1. funds from the budgets of the budget system of the Russian Federation;
  2. charitable contributions and donations;
  3. funds of recipients of social services when providing social services for a fee or partial payment;
  4. income from business and other income-generating activities carried out by social service organizations, as well as other sources not prohibited by law.

2. Financial support for the activities of social service organizations under the jurisdiction of federal executive authorities is carried out in accordance with the budget legislation of the Russian Federation at the expense of the federal budget, as well as at the expense of recipients of social services when providing social services for a fee or partial payment.

3. Financial support for the activities of social service organizations of a constituent entity of the Russian Federation is carried out in accordance with the budget legislation of the Russian Federation at the expense of the budget of the constituent entity of the Russian Federation, as well as at the expense of recipients of social services when providing social services for a fee or partial payment.

4. Financial support for the provision of social services by non-governmental organizations, individual entrepreneurs carrying out social service activities, and socially oriented non-profit organizations providing social services is carried out by providing subsidies from the relevant budget of the budget system of the Russian Federation in accordance with the budget legislation of the Russian Federation, procurement of social services in accordance with the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs, as well as at the expense of recipients of social services when providing social services for a fee or partial payment.

5. The authorized federal executive body, the authorized body of the constituent entity of the Russian Federation has the right to attract other sources of financing for social services, including for the implementation joint projects in this area.

6. The procedure for spending funds generated as a result of collecting fees for the provision of social services is established:

  1. federal executive body - for social service organizations under the jurisdiction of federal executive bodies;
  2. by the authorized body of the constituent entity of the Russian Federation - for social service organizations of the constituent entity of the Russian Federation.

7. The procedure for spending funds generated as a result of collecting fees for the provision of social services should provide for the possibility of using these funds for current activities, the development of a social service organization, and incentives for its employees.

8. If a citizen receives social services provided for by an individual program from a provider or providers of social services that are included in the register of providers of social services of a constituent entity of the Russian Federation, but do not participate in the implementation of a state task (order), the provider or providers of social services are paid compensation in the amount and in the manner determined by the regulatory legal acts of the constituent entity of the Russian Federation.

Article 31. Providing social services free of charge

1. Social services in the form of social services at home, semi-stationary and stationary forms of social services are provided free of charge:

  1. minor children;
  2. persons injured as a result emergency situations, armed interethnic (interethnic) conflicts.

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

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

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

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

Article 32. Determining the amount of payment for the provision of social services

1. Social services in the form of social services at home and in the semi-stationary form of social services are provided for a fee or partial payment, if on the date of application the average per capita income of recipients of social services, calculated in accordance with Part 4 of Article 31 of this Federal Law, exceeds the maximum per capita income , established by Part 5 of Article 31 of this Federal Law.

2. The amount of the monthly fee for the provision of social services in the form of social services at home and in the semi-stationary form of social services is calculated on the basis of tariffs for social services, but cannot exceed fifty percent of the difference between the average per capita income of the recipient of the social service and the maximum per capita income established Part 5 of Article 31 of this Federal Law.

3. Social services in the stationary form of social services are provided to their recipients for a fee or partial payment, with the exception of recipients of social services specified in parts 1 and 3 of Article 31 of this Federal Law.

4. The amount of the monthly fee for the provision of social services in the stationary form of social services is calculated on the basis of tariffs for social services, but cannot exceed seventy-five percent of the average per capita income of the recipient of social services, calculated in accordance with Part 4 of Article 31 of this Federal Law.

5. Payment for the provision of social services is made in accordance with the agreement on the provision of social services provided for in Article 17 of this Federal Law.

Chapter 9. Control in the field of social services

Article 33. State control (supervision) in the field of social services

1. The provisions of the Federal Law of December 26, 2008 N 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the implementation of state control (supervision) and municipal control".

2. Regional state control in the field of social services is carried out by the authorized body of the constituent entity of the Russian Federation in the manner established by the state authority of the constituent entity of the Russian Federation.

Article 34. Public control in the field of social services

Public control in the field of social services is carried out by citizens, public and other organizations in accordance with the legislation of the Russian Federation on the protection of consumer rights. State authorities of the constituent entities of the Russian Federation, within the established competence, provide assistance to citizens, public and other organizations in exercising public control in the field of social services.

Chapter 10. Final and transitional provisions

Article 35. Transitional provisions

1. The list of social services provided by social service providers in the constituent entity of the Russian Federation, approved by the government body of the constituent entity of the Russian Federation in connection with the adoption of this Federal Law, cannot be reduced in comparison with the list of social services established in the constituent entity of the Russian Federation as of December 31, 2014 services provided by social service organizations in a constituent entity of the Russian Federation.

2. Within the framework of ongoing legal relations for recipients of social services whose right to receive social services arose in accordance with the procedure for the provision of social services in a constituent entity of the Russian Federation in force before the date of entry into force of this Federal Law, newly established fees for the provision of social services by social service providers services in a constituent entity of the Russian Federation and the conditions for its provision in accordance with this Federal Law cannot be higher than the fees 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 in comparison with the conditions established as of December 31, 2014.

Article 36. On the recognition as invalid of certain legislative acts (provisions of legislative acts) of the Russian Federation

Declare invalid:

  1. Federal Law of August 2, 1995 N 122-FZ “On social services for elderly citizens and disabled people” (Collected Legislation of the Russian Federation, 1995, N 32, Art. 3198);
  2. Federal Law of December 10, 1995 N 195-FZ “On the fundamentals of social services for the population in the Russian Federation” (Collected Legislation of the Russian Federation, 1995, N 50, Art. 4872);
  3. Federal Law of July 10, 2002 N 87-FZ "On Amendments to Article 6 of the Federal Law "On the Fundamentals of Social Services for the Population in the Russian Federation" and additions to Article 2 of the Law of the Russian Federation "On Standardization" (Collection of Legislation of the Russian Federation, 2002, N 28, art. 2791);
  4. paragraph 4 of article 36 of the Federal Law of July 25, 2002 N 115-FZ "On legal status foreign citizens in the Russian Federation" (Collection of Legislation of the Russian Federation, 2002, No. 30, Art. 3032);
  5. Articles 17 and 23 of the Federal Law of January 10, 2003 N 15-FZ “On introducing amendments and additions to certain legislative acts of the Russian Federation in connection with the adoption of the Federal Law “On licensing of certain types of activities” (Collected Legislation of the Russian Federation, 2003, N 2 , Art. 167);
  6. Articles 56 and 65 of the Federal Law of August 22, 2004 N 122-FZ "On Amendments to Legislative Acts of the Russian Federation and Recognition of Invalidity of Certain Legislative Acts of the Russian Federation in Connection with the Adoption of Federal Laws "On Amendments and Additions to the Federal Law "On general principles of organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation" and "On general principles of organization of local self-government in the Russian Federation" (Collected Legislation of the Russian Federation, 2004, No. 35, Art. 3607);
  7. Article 29 of the Federal Law of July 23, 2008 N 160-FZ “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with Improving the Exercise of the Powers of the Government of the Russian Federation” (Collected Legislation of the Russian Federation, 2008, N 30, Art. 3616);
  8. Article 2 of the Federal Law of November 21, 2011 N 326-FZ "On amendments to certain legislative acts of the Russian Federation in connection with the adoption of the Federal Law "On free legal assistance in the Russian Federation" (Collected Legislation of the Russian Federation, 2011, N 48, Art. .6727);
  9. Articles 12 and 13 of the Federal Law of November 25, 2013 N 317-FZ "On amendments to certain legislative acts of the Russian Federation and the recognition as invalid of certain provisions of legislative acts of the Russian Federation on issues of protecting the health of citizens in the Russian Federation" (Collection of Legislation of the Russian Federation, 2013, No. 48, Article 6165).

Article 37. Entry into force of this Federal Law

President of Russian Federation

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 regarding older citizens, Dmitry Medvedev, who held the post of president at that time, took the initiative to prepare a new law on social services. “One of the tasks of today’s Presidium of the State Council is to summarize and disseminate what is called the best regional practices. Moreover, it [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 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, gambling addiction, persons or those suffering from 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.
A social service provider is a legal entity, regardless of its organizational and legal form, and (or) an 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 the provision of the following types of 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 packages, clothing, shoes and other essential items, assistance in obtaining temporary housing, provision of legal and emergency 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. Moreover, from January 1 of this year, citizens lost the opportunity to receive material assistance in the form of cash, fuel, special vehicles, 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, from among the persons entitled to free social services, unemployed citizens are excluded (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 an 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. Since January 1, 2015, social programs have been concluded with consumers of social services, which take into account all the individual characteristics of each 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 who had a professional education corresponding to the requirements and nature of the work performed, experience in the field of social services, and who were inclined by their personal qualities to provide social services could be social service workers.”
Based on materials from IPP "Garant" http://www.garant.ru/article/604320/#ixzz3QXjQdTCj

In the coming year, social services for the population will undergo serious changes. On January 1, the Federal Law of December 28, 2013 No. 442-FZ “On the Fundamentals of Social Services for Citizens in the Russian Federation” came into force, which introduces significant changes into the system and procedure for providing 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 state institutions, 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 - a register of social service providers and a 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 a fixed place of residence.

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

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

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 forms of social services, 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 a citizen (or recipient of social services) has medical contraindications, confirmed by the relevant 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 given size 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.

It does not work Editorial from 15.11.1995

Name of documentFEDERAL LAW of December 10, 1995 N 195-FZ "ON THE BASICS OF SOCIAL SERVICES TO THE POPULATION IN THE RUSSIAN FEDERATION"
Document typelaw
Receiving authorityPresident of the Russian Federation, State Duma of the Russian Federation
Document Number195-FZ
Acceptance date01.01.1970
Revision date15.11.1995
Date of registration with the Ministry of Justice01.01.1970
StatusIt does not work
Publication
  • "Rossiyskaya Gazeta", N 243, 12/19/95
  • "Parliamentary newspaper", N 223, 11.24.99,
  • "Collection of Legislation of the Russian Federation", 1995, N 50, art. 4872
NavigatorNotes

FEDERAL LAW of December 10, 1995 N 195-FZ "ON THE BASICS OF SOCIAL SERVICES TO THE POPULATION IN THE RUSSIAN FEDERATION"

This Federal Law, in accordance with the Constitution of the Russian Federation, generally recognized principles and norms of international law, establishes the basis for legal regulation in the field of social services for the population in the Russian Federation.

Chapter I. General provisions

Social services are the activities of social services for social support, provision of social, social, medical, psychological, pedagogical, social and legal services and material assistance, social adaptation and rehabilitation of citizens in difficult life situations.

The legislation of the Russian Federation on social services consists of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.

The following basic concepts apply in this Federal Law:

1) social services - enterprises and institutions, regardless of their form of ownership, providing social services, as well as citizens engaged in entrepreneurial activities in social services to the population without forming a legal entity;

2) social service client - a citizen who is in a difficult life situation, who is provided with social services in connection with this;

3) social services - actions to provide assistance to a client of a social service as provided for by this Federal Law;

4) difficult life situation - a situation that objectively disrupts the life of a citizen (disability, inability to self-care due to old age, illness, orphanhood, neglect, poverty, unemployment, lack of a specific place of residence, conflicts and abuse in the family, loneliness, etc. ), which he cannot overcome on his own.

1. The state system of social services is a system consisting of both state enterprises and social service institutions, which are federal property and are under the jurisdiction of federal government bodies, and from state enterprises and social service institutions, which are the property of the constituent entities of the Russian Federation and are under the jurisdiction of government bodies of the constituent entities of the Russian Federation.

2. The municipal system of social services includes municipal enterprises and social service institutions run by local governments.

3. Social services are also provided by enterprises and institutions of other forms of ownership and citizens engaged in entrepreneurial activities in social services to the population without forming a legal entity.

4. The state supports and encourages the development of social services regardless of the form of ownership.

Social services are based on the principles:

1) targeting;

2) accessibility;

3) voluntariness;

4) humanity;

5) priority of providing social services to minors in difficult life situations;

6) confidentiality;

7) preventive orientation.

1. Social services must comply with state standards, which establish basic requirements for the volume and quality of social services, the procedure and conditions for their provision.

2. State standards of social services are approved by the Government of the Russian Federation.

3. The requirements established by state standards of social services are mandatory for social services regardless of their form of ownership throughout the Russian Federation.

Chapter II. Ensuring the right of citizens to social services

1. The state guarantees citizens the right to social services in the state system of social services according to the main types defined by this Federal Law.

2. Social services are provided on the basis of an application from a citizen, his guardian, trustee, other legal representative, government body, local government body, public association.

3. Every citizen has the right to receive free information from the state system of social services about the opportunities, types, procedures and conditions of social services.

4. Foreign citizens and stateless persons enjoy the same right to social services in the Russian Federation as citizens of the Russian Federation, unless otherwise established international treaties Russian Federation.

1. Material assistance is provided to citizens in difficult life situations in the form of cash, food, sanitation and hygiene products, child care products, clothing, shoes and other essential items, fuel, as well as special vehicles, technical equipment rehabilitation of disabled people and people in need of care.

2. The grounds and procedure for providing financial assistance are established by the executive authorities of the constituent entities of the Russian Federation.

1. Social services at home are provided by providing social services to citizens in need of permanent or temporary non-stationary social services.

2. Single citizens and citizens who have partially lost the ability to self-care due to old age, illness, or disability are provided with assistance at home in the form of social, social, medical services and other assistance.

Social services in inpatient social service institutions are carried out by providing social services to citizens who have partially or completely lost the ability to self-care and need constant outside care, and ensure the creation of living conditions appropriate to their age and health status, carrying out medical, psychological, social activities, nutrition and care, as well as organizing feasible labor activity, rest and leisure.

Temporary shelter in a specialized social service institution is provided to children - orphans, children without parental care, neglected minors, children in difficult life situations, citizens without a fixed place of residence and specific occupation, citizens affected by physical or mental violence, natural disasters , as a result of armed and interethnic conflicts, to other social service clients in need of temporary shelter.

In social service institutions in daytime social, social, medical and other services are provided to elderly and disabled citizens who have retained the ability for self-care and active movement, as well as other persons, including minors, who are in difficult life situations.

In social service institutions, social service clients are provided with consultations on issues of social, social and medical support for life, psychological and pedagogical assistance, and social and legal protection.

Social services provide assistance in professional, social, and psychological rehabilitation to disabled people, persons with disabilities, juvenile delinquents, and other citizens who find themselves in difficult life situations and need rehabilitation services.

1. Social services are provided by social services free of charge and for a fee.

2. Free social services in the state system of social services are provided on the grounds provided for in Article 16 of this Federal Law. The procedure for providing free social services is determined by the Government of the Russian Federation.

3. Paid social services in the state system of social services are provided in the manner established by the Government of the Russian Federation.

4. The conditions and procedure for payment of social services in social services of other forms of ownership are established by them independently.

1. Free social services in the state system of social services in the amounts determined by state standards of social services are provided:

1) citizens who are not capable of self-care due to old age, illness, disability, and who do not have relatives who can provide them with help and care - if the average per capita income of these citizens is below the subsistence level established for the region in which they live;

2) citizens who are in a difficult life situation due to unemployment, natural disasters, disasters suffered as a result of armed and interethnic conflicts;

3) minor children in difficult life situations.

2. Additional grounds on which free social services are provided are established by the executive authorities of the constituent entities of the Russian Federation.

Chapter III. Social service organization

1. Social service institutions, regardless of their form of ownership, are:

1) comprehensive centers for social services for the population;

2) territorial centers for social assistance to families and children;

3) social service centers;

4) social rehabilitation centers for minors;

5) assistance centers for children left without parental care;

6) social shelters for children and adolescents;

7) centers for psychological and pedagogical assistance to the population;

8) centers for emergency psychological assistance by telephone;

9) social assistance centers (departments) at home;

10) night stay homes;

11) special homes for lonely elderly people;

12) stationary social service institutions (homes - boarding schools for the elderly and disabled, psychoneurological boarding schools, orphanages - boarding schools for mentally retarded children, homes - boarding schools for children with physical disabilities);

13) gerontological centers;

14) other institutions providing social services.

2. Social service enterprises include enterprises that provide social services to the population.

3. The procedure for the creation, operation, reorganization and liquidation of social service institutions and enterprises, regardless of their form of ownership, is regulated by the civil legislation of the Russian Federation.

The activities of social services (with the exception of state and municipal social service institutions), as well as citizens engaged in entrepreneurial activities in social services to the population without forming a legal entity, are carried out on the basis of a license issued by the executive authorities of the constituent entities of the Russian Federation, in the manner established by the Government of the Russian Federation .

1. Management of the state system of social services is carried out by federal executive authorities and executive authorities of the constituent entities of the Russian Federation in accordance with their powers.

2. Management municipal system social services are carried out by local governments in accordance with their competence.

3. Management of social services of other forms of ownership is carried out in the manner determined by their charters or other constituent documents.

4. Coordination of activities and scientific and methodological support of social services are carried out in the manner determined by the Government of the Russian Federation.

Chapter IV. Powers of federal government bodies and government bodies of constituent entities of the Russian Federation in the field of social services

The powers of federal government bodies include:

1) establishing the basics federal policy in the field of social services;

2) adoption of federal laws in the field of social services and monitoring their implementation;

3) development, financing and implementation of federal social service programs;

4) determining the structure of federal bodies governing the state social service system and organizing their activities;

5) establishing a procedure for coordinating activities and methodological support for social services;

6) licensing of social service activities;

7) development and adoption of state standards for social services and state control and supervision of their compliance;

8) establishment of a unified federal system of statistical accounting and reporting in the field of social services;

9) creation, management and maintenance of the activities of social service institutions that are federally owned;

10) organization and coordination scientific research in the field of social services;

11) development international cooperation in the field of social services.

State authorities of the constituent entities of the Russian Federation, outside the powers of state authorities of the Russian Federation provided for by this Federal Law, carry out their own legal regulation of social services to the population.

Chapter V. Resource provision for social services

Social services, in the manner established by the legislation of the Russian Federation, are provided with land plots and property necessary to fulfill their statutory tasks.

1. Financing of state social service institutions, which are federal property and are under the jurisdiction of federal government bodies, is carried out from the federal budget. Financing of state social service institutions, which are the property of the constituent entities of the Russian Federation and under their jurisdiction, is carried out from the budgets of the constituent entities of the Russian Federation.

2. Financing of social services of other forms of ownership is carried out from sources provided for by their charters or other constituent documents.

3. Additional extra-budgetary sources of financing are: funds coming from targeted social funds; bank loans and funds from other creditors; income from business activities of social service institutions; income from valuable papers; funds received as payment for social services; charitable contributions and donations; other sources not prohibited by law.

4. Social service institutions, regardless of their form of ownership, enjoy preferential taxation in the manner established by the legislation of the Russian Federation on taxation.

5. Banks, enterprises, organizations, institutions and individuals that allocate property, financial and intellectual assets in the form of investments in social services and provide them with various services and other support, enjoy benefits established by the legislation of the Russian Federation.

1. In accordance with the legislation of the Russian Federation, social service institutions have the right to conduct business activities only insofar as this serves the achievement of the goals for which they were created.

2. Entrepreneurial activity social service institutions are subject to preferential taxation in the manner established by the legislation of the Russian Federation.

1. The effectiveness of the activities of social services is ensured by specialists who have a professional education that meets the requirements and nature of the work performed, experience in the field of social services and who, due to their personal qualities, are inclined to provide social services.

2. Guarantees and benefits for employees of the state system of social services are determined by state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation in accordance with their powers.

3. Medical workers of the state system of social services, directly involved in social and medical services, enjoy benefits in the manner and under the conditions that are provided for by the legislation of the Russian Federation for medical workers of state healthcare institutions.

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