Home Prevention Description of Chapter 4 181 Federal Law. Federal Law on Persons with Disabilities in Russia

Prevention

Description of Chapter 4 181 Federal Law. Federal Law on Persons with Disabilities in Russia

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"On social protection of disabled people in Russian Federation"

with amendments and additions made to the text in accordance with Federal laws:

dated July 24, 1998 No. 125-FZ, dated January 4, 1999 No. 5-FZ, dated July 17, 1999 No. 172-FZ,

dated 05/27/2000 No. 78-FZ, dated 06/09/2001 No. 74-FZ, dated 08/08/2001 No. 123-FZ,

dated December 29, 2001 No. 188-FZ, dated December 30, 2001 No. 196-FZ, dated May 29, 2002 No. 57-FZ,

dated January 10, 2003 No. 15-FZ, dated October 23, 2003 No. 132-FZ, dated August 22, 2004 No. 122-FZ,

dated December 29, 2004 No. 199-FZ, dated December 31, 2005 No. 199-FZ, dated October 18, 2007 No. 230-FZ,

dated 01.11.2007 No. 244-FZ, dated 01.12.2007 No. 309-FZ, dated 01.03.2008 No. 18-FZ,

dated July 14, 2008 No. 110-FZ, dated July 23, 2008 No. 160-FZ, dated December 22, 2008 No. 269-FZ,

dated 04/28/2009 No. 72-FZ, dated 07/24/2009 No. 213-FZ, dated 12/09/2010 No. 351-FZ,

dated July 1, 2011 No. 169-FZ, dated July 19, 2011 No. 248-FZ, dated November 6, 2011 No. 299-FZ,

dated November 16, 2011 No. 318-FZ, dated November 30, 2011 No. 355-FZ, dated July 10, 2012 No. 110-FZ,

dated July 20, 2012 No. 124-FZ, dated December 30, 2012 No. 296-FZ, dated February 23, 2013 No. 11-FZ,

dated 05/07/2013 No. 104-FZ, dated 07/02/2013 No. 168-FZ, dated 07/02/2013 No. 183-FZ,

dated July 2, 2013 No. 185-FZ, dated November 25, 2013 No. 312-FZ, dated December 28, 2013 No. 421-FZ,

dated June 28, 2014 No. 200-FZ, dated July 21, 2014 No. 267-FZ)

Real Federal law determines public policy in the field social protection disabled people in the Russian Federation, the purpose of which is to provide disabled people with equal opportunities with other citizens in the implementation of civil, economic, political and other rights and freedoms provided for by the Constitution of the Russian Federation, as well as in accordance with generally recognized principles and norms international law and international treaties of the Russian Federation.

The social protection measures for disabled people provided for by this Federal Law are expenditure obligations of the Russian Federation, with the exception of measures social support And social services relating to the powers of state authorities of the constituent entities of the Russian Federation in accordance with the legislation of the Russian Federation.

Chapter I. General provisions

Article 1. The concept of “disabled person”, grounds for determining the disability group

A disabled person is a person who has a health impairment with a persistent disorder of body functions, caused by diseases, consequences of injuries or defects, leading to limitation of life activity and necessitating his social protection.

Limitation of life activity - complete or partial loss of a person’s ability or ability to provide self-care, move independently, navigate, communicate, control one’s behavior, learn and engage in work.

Depending on the degree of disorder of body functions and limitations in life activity, persons recognized as disabled are assigned a disability group, and persons under the age of 18 are assigned the category “disabled child.”

Recognition of a person as disabled is carried out by a federal institution medical and social examination. The procedure and conditions for recognizing a person as disabled are established by the Government of the Russian Federation.

Article 2. The concept of social protection of disabled people

Social protection of disabled people is a system of state-guaranteed economic, legal and social support measures that provide disabled people with conditions for overcoming, replacing (compensating) disabilities and aimed at creating equal opportunities for them to participate in society.

Social support for people with disabilities is a system of measures that provides social guarantees for people with disabilities, established by laws and other regulations, with the exception of pensions.

Article 3. Legislation of the Russian Federation on social protection of disabled people

The legislation of the Russian Federation on social protection of disabled people consists of the relevant provisions of the Constitution of the Russian Federation, 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.

If an international treaty (agreement) of the Russian Federation establishes rules other than those provided for by this Federal Law, then the rules of the international treaty (agreement) apply.

Article 4. Competence of federal government bodies in the field of social protection of disabled people

The jurisdiction of federal government bodies in the field of social protection of disabled people includes:

1) determination of state policy regarding persons with disabilities;

2) adoption of federal laws and other regulatory legal acts of the Russian Federation on social protection of disabled people (including those regulating the procedure and conditions for providing disabled people with a single federal minimum of social protection measures); control over the implementation of the legislation of the Russian Federation on social protection of disabled people;

3) conclusion of international treaties (agreements) of the Russian Federation on issues of social protection of disabled people;

4) establishment of general principles for the organization and implementation of medical and social examination and rehabilitation of disabled people;

5) determination of criteria, establishment of conditions for recognizing a person as disabled;

6) establishment, in accordance with the legislation of the Russian Federation on technical regulation, of mandatory requirements for technical means of rehabilitation, means of communication and computer science, ensuring accessibility of the living environment for disabled people;

7) establishing a procedure for accreditation of organizations, regardless of organizational and legal forms and forms of ownership, carrying out activities in the field of rehabilitation of disabled people;

8) implementation of accreditation of enterprises, institutions and organizations that are federally owned and carry out activities in the field of rehabilitation of disabled people;

9) development and implementation of federal target programs in the field of social protection of disabled people, monitoring their implementation;

10) approval and financing of the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person;

11) creation of federal institutions of medical and social expertise, monitoring their activities;

12) paragraph 12 of Article 4 lost force on January 1, 2005 in accordance with Federal Law of August 22, 2004 No. 122-FZ;

13) coordination scientific research, financing of research and development work on the problems of disability and people with disabilities;

14) development of methodological documents on issues of social protection of disabled people;

15) paragraph 15 of Article 4 lost force on January 1, 2005 in accordance with Federal Law of August 22, 2004 No. 122-FZ;

16) assistance in the work of all-Russian public associations of disabled people and providing them with assistance;

17) paragraph 17 of Article 4 lost force on January 1, 2005 in accordance with Federal Law of August 22, 2004 No. 122-FZ;

18) paragraph 18 of Article 4 became invalid on January 1, 2005 in accordance with Federal Law No. 122-FZ of August 22, 2004;

19) formation of federal budget indicators for expenditures on social protection of disabled people;

20) establishment unified system registration of disabled people in the Russian Federation, including disabled children, and organization, based on this system, of statistical monitoring of the socio-economic situation of disabled people and their demographic composition;

21) determination of the basic requirements for the equipment (equipment) of special workplaces for the employment of disabled people, taking into account the impaired functions and limitations of their life activities.

Article 5. Participation of state authorities of the constituent entities of the Russian Federation in ensuring social protection and social support for people with disabilities

State authorities of the constituent entities of the Russian Federation in the field of social protection and social support for disabled people have the right:

1) participation in the implementation of state policy regarding people with disabilities in the territories of the constituent entities of the Russian Federation;

2) adoption, in accordance with federal laws, of laws and other regulatory legal acts of the constituent entities of the Russian Federation;

3) participation in determining priorities in the implementation of social policy regarding people with disabilities in the territories of the constituent entities of the Russian Federation, taking into account the level of socio-economic development of these territories;

4) development, approval and implementation of regional programs in the field of social protection of disabled people in order to provide them with equal opportunities and social integration into society, as well as the right to monitor their implementation;

5) exchange with authorized federal executive authorities information on the social protection of disabled people and on the provision of social support to them;

6) providing additional measures of social support to people with disabilities from the budgets of the constituent entities of the Russian Federation;

7) promoting the employment of disabled people, including stimulating the creation of special jobs for their employment;

8) carrying out activities for training personnel in the field of social protection of disabled people;

9) financing scientific research, research and development work in the field of social protection of disabled people;

10) assistance to public associations of disabled people;

11) sending an interdepartmental request for the provision of documents and information necessary for the provision of state or municipal services and at the disposal of bodies providing public services, bodies providing municipal services, other state bodies, local government bodies or organizations subordinate to state bodies or local government bodies .

Article 6. Liability for causing harm to health leading to disability

For causing harm to the health of citizens resulting in disability, the persons responsible for this bear material, civil, administrative and criminal liability in accordance with the legislation of the Russian Federation.

Chapter II. Medical and social examination

Article 7. The concept of medical and social examination

Medical and social examination is the determination, in the prescribed manner, of the needs of the examined person for social protection measures, including rehabilitation, based on an assessment of the limitations in life activity caused by a persistent disorder of body functions.

Medical and social examination is carried out on the basis of a comprehensive assessment of the state of the body based on the analysis of clinical, functional, social, professional, labor, psychological data of the person being examined using classifications and criteria developed and approved in the manner determined by the federal executive body authorized by the Government of the Russian Federation authorities.

Article 8. Federal institutions of medical and social examination

Medical and social examination is carried out by federal institutions of medical and social examination, subordinate to the authorized body determined by the Government of the Russian Federation. The procedure for organizing and operating federal institutions of medical and social expertise is determined by the federal executive body authorized by the Government of the Russian Federation.

Part 2 of Article 8 lost force on January 1, 2005 in accordance with Federal Law No. 122-FZ of August 22, 2004.

Federal medical and social examination institutions are responsible for:

1) establishing disability, its causes, timing, time of onset of disability, the disabled person’s need for various types social protection;

2) development individual programs rehabilitation of disabled people;

3) study of the level and causes of disability of the population;

4) participation in development comprehensive programs rehabilitation of disabled people, prevention of disability and social protection of disabled people;

5) determination of the degree of loss of professional ability to work;

6) determining the cause of death of a disabled person in cases where the legislation of the Russian Federation provides for the provision of social support measures to the family of the deceased.

The decision to establish a medical and social examination is mandatory for execution by the relevant government bodies, local government bodies, as well as organizations, regardless of organizational, legal forms and forms of ownership.

Chapter III. Rehabilitation of disabled people

Article 9. Concept of rehabilitation of disabled people

Rehabilitation of disabled people - system and process of complete or partial recovery abilities of disabled people for everyday, social and professional activity. Rehabilitation of disabled people is aimed at eliminating or possibly more fully compensating for limitations in life activity caused by health problems with persistent impairment of body functions, in order to social adaptation disabled people, their achievement of financial independence and their integration into society.

The main areas of rehabilitation of disabled people include:

restorative medical events, reconstructive surgery, prosthetics and orthotics, spa treatment;

vocational guidance, training and education, assistance in employment, industrial adaptation;

social-environmental, socio-pedagogical, socio-psychological and sociocultural rehabilitation, social and everyday adaptation;

physical education and health activities, sports.

The implementation of the main directions of rehabilitation of disabled people involves the use of technical means of rehabilitation by disabled people, the creation necessary conditions for unhindered access of disabled people to engineering, transport, social infrastructure facilities and use of means of transport, communication and information, as well as providing disabled people and members of their families with information on the rehabilitation of disabled people.

Article 10. Federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person

The state guarantees disabled people the implementation of rehabilitation measures, the receipt of technical means and services provided for by the federal list of rehabilitation measures, technical means of rehabilitation and services provided to the disabled person at the expense of the federal budget.

The federal list of rehabilitation measures, technical means of rehabilitation and services provided to disabled people is approved by the Government of the Russian Federation.

Article 11. Individual rehabilitation program for a disabled person

An individual rehabilitation program for a disabled person is a complex of optimal rehabilitation measures for a disabled person, developed on the basis of a decision of the authorized body that manages federal institutions, a medical and social examination, which includes certain types, forms, volumes, terms and procedures for the implementation of medical, professional and other rehabilitation measures, aimed at restoring, compensating for impaired or lost body functions, restoring, compensating for the abilities of a disabled person to perform certain types of activities.

An individual rehabilitation program for a disabled person is mandatory for execution by the relevant government bodies, local government bodies, as well as organizations, regardless of organizational, legal forms and forms of ownership.

An individual rehabilitation program for a disabled person contains both rehabilitation measures provided to a disabled person with an exemption from fees in accordance with the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person, and rehabilitation measures, the payment for which is paid for by the disabled person himself or other persons or organizations independently on organizational and legal forms and forms of ownership.

The volume of rehabilitation measures provided for by the individual rehabilitation program for a disabled person cannot be less than that established by the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person.

An individual rehabilitation program is of a recommendatory nature for a disabled person; he has the right to refuse one or another type, form and volume of rehabilitation measures, as well as the implementation of the program as a whole. A disabled person has the right to independently decide on the issue of providing himself with a specific technical means of rehabilitation or type of rehabilitation, including wheelchairs, prosthetic and orthopedic products, printed publications with a special font, sound-amplifying equipment, signaling devices, video materials with subtitles or sign language translation, and other similar means.

If a technical means of rehabilitation and (or) service provided for by an individual rehabilitation program cannot be provided to a disabled person, or if a disabled person has purchased an appropriate technical means of rehabilitation and (or) paid for the service at his own expense, he is paid compensation in the amount of the cost of the acquired technical means of rehabilitation and (or) the service provided, but not more than the cost of the corresponding technical means of rehabilitation and (or) services provided in the manner established by part fourteen of Article 11.1 of this Federal Law. The procedure for paying such compensation, including the procedure for determining its amount and the procedure for informing citizens about the amount of said compensation, is determined by the federal executive body responsible for developing state policy and normative legal regulation in the field of health and social development.

Refusal of a disabled person (or a person representing his interests) from an individual rehabilitation program as a whole or from the implementation of its individual parts releases the relevant government bodies, local government bodies, as well as organizations, regardless of organizational and legal forms and forms of ownership, from responsibility for its implementation and does not give a disabled person the right to receive compensation in the amount of the cost of rehabilitation measures provided free of charge.

Article 11.1. Technical means for rehabilitation of disabled people

Technical means of rehabilitation of disabled people include devices containing technical solutions, including special ones, used to compensate for or eliminate persistent limitations in the life of a disabled person.

Technical means of rehabilitation of disabled people are:

paragraph 2 of part 2 of article 11.1 became invalid on January 1, 2005 in accordance with Federal Law of August 22, 2004 No. 122-FZ.

special means for self-service;

special care products;

special means for orientation (including guide dogs with a set of equipment), communication and information exchange;

special means for training, education (including literature for the blind) and employment;

prosthetic products (including prosthetic and orthopedic products, orthopedic shoes and special clothing, eye prostheses and hearing aids);

special training and sports equipment, sports equipment;

special means of transportation (wheelchairs).

The decision to provide disabled people with technical means of rehabilitation is made when medical indications and contraindications are established.

Medical indications and contraindications are established based on an assessment of persistent disorders of body functions caused by diseases, consequences of injuries and defects.

Based on medical indications and contraindications, the need is established to provide the disabled person with technical means of rehabilitation that provide compensation or elimination of persistent limitations in the disabled person’s life.

Parts 6 and 7 of Article 11.1 lost force on January 1, 2005 in accordance with Federal Law No. 122-FZ of August 22, 2004.

Financing of expenditure obligations to provide disabled people with technical means of rehabilitation, including the manufacture and repair of prosthetic and orthopedic products, is carried out at the expense of the federal budget and the Fund social insurance Russian Federation.

Parts 9 - 11 of Article 11.1 lost force on January 1, 2005 in accordance with Federal Law No. 122-FZ of August 22, 2004.

Provided for by individual rehabilitation programs for disabled people technical means rehabilitation provided to them at the expense of the federal budget and the Social Insurance Fund of the Russian Federation are transferred to disabled people for free use.

Additional funds to finance the costs of the technical means of rehabilitation of disabled people provided for in this article may be obtained from other sources not prohibited by law.

Technical means of rehabilitation are provided to disabled people at their place of residence by authorized bodies in the manner determined by the Government of the Russian Federation, the Social Insurance Fund of the Russian Federation, as well as other interested organizations.

The list of indications and contraindications for providing disabled people with technical means of rehabilitation is determined by the federal executive body authorized by the Government of the Russian Federation.

Annual monetary compensation to disabled persons for the costs of maintaining and veterinary care of guide dogs is set at 17,420 rubles.

Annual size monetary compensation for disabled people, the costs of maintaining and veterinary care for guide dogs are increased (indexed) in accordance with the federal law on the federal budget for the corresponding year and for the planning period, taking into account the level of inflation (consumer prices). The decision to increase (indexate) the specified annual monetary compensation is made by the Government of the Russian Federation.

The procedure for paying annual monetary compensation to disabled persons for the costs of maintaining and veterinary care of guide dogs is determined by the Government of the Russian Federation.

Article 12. State service for rehabilitation of disabled people

Article 12 lost force on January 1, 2005 in accordance with Federal Law of August 22, 2004 No. 122-FZ.

Chapter IV. Providing life support for people with disabilities

Article 13. Medical assistance to disabled people

Providing qualified medical care for disabled people is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation within the framework of the program of state guarantees for the provision of free medical care to citizens of the Russian Federation.

Parts 2 and 3 of Article 13 lost force on January 1, 2005 in accordance with Federal Law No. 122-FZ of August 22, 2004.

Article 14. Ensuring unhindered access to information for people with disabilities

The state guarantees a disabled person the right to receive the necessary information. Ensuring the publication of literature for the visually impaired is an expenditure obligation of the Russian Federation. The acquisition of periodical, scientific, educational, methodological, reference, information and fiction literature for people with disabilities, including those published on tape cassettes and in embossed dot Braille, for educational organizations and libraries administered by the constituent entities of the Russian Federation and municipal educational organizations is expenditure obligation of the constituent entities of the Russian Federation, for municipal libraries- expenditure obligation of a local government body. The acquisition of literature specified in this part for federal state educational organizations and libraries is an expenditure obligation of the Russian Federation.

Russian sign language is recognized as a language of communication in the presence of hearing and (or) speech impairments, including in the areas of oral use of the state language of the Russian Federation. A system of subtitling or sign language translation of television programs, films and videos is being introduced. Translation of Russian sign language (sign language interpreting, sign language interpreting) is carried out by Russian sign language interpreters (sign language interpreters, sign language interpreters) who have the appropriate education and qualifications. The procedure for providing Russian sign language translation services (sign language translation, sign language translation) is determined by the Government of the Russian Federation.

Authorized bodies provide assistance to people with disabilities in obtaining services for sign language interpretation, sign language interpretation, provision of sign language equipment, and provision of sign language equipment.

State authorities and local governments create conditions in their subordinate institutions for people with hearing disabilities to receive translation services using Russian sign language.

Training, advanced training and professional retraining of teachers and translators of Russian sign language, development of Russian sign language are provided.

Article 14.1. Participation of visually impaired people in operations using facsimile reproduction of a handwritten signature

When a credit institution carries out operations to receive, issue, change, exchange cash, or when a legal entity that is not a credit institution or an individual entrepreneur (hereinafter referred to as a business entity) carries out operations to receive, issue cash, a visually disabled person has the right to use when participating in the implementation of these operations, a facsimile reproduction of his handwritten signature, affixed using a mechanical copying device.

In order to exercise this right, a visually impaired person, when a credit institution carries out operations to receive, issue, change, exchange cash, or when a business entity carries out operations to receive and issue cash, represents:

1) identification document;

2) a notarial certificate certifying the identity of the handwritten signature of a visually disabled person with a facsimile reproduction of his handwritten signature, issued in the manner established by the legislation on notaries;

3) a certificate confirming the fact of establishing a visual disability and issued by the federal government agency medical and social examination, in a form approved by the authorized federal executive body.

When a credit institution carries out operations to receive, issue, change, exchange cash or when a business entity carries out operations to receive and issue cash, employees credit organization or employees of a business entity, determined by the administrative document of the credit organization or business entity and who do not carry out the specified operations, bring to the attention of the visually disabled person, in the case of using a facsimile reproduction of a handwritten signature, information about the nature of the operation being carried out and the amount of the operation in the manner established Central Bank Russian Federation.

Article 15. Ensuring unimpeded access for people with disabilities to social infrastructure facilities

The Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, local government bodies and organizations, regardless of organizational and legal forms, create conditions for people with disabilities (including people with disabilities using wheelchairs and guide dogs) for unhindered access to social infrastructure facilities (residential, public and industrial buildings, structures and structures, sports facilities, recreational facilities, cultural, entertainment and other institutions), as well as for the unhindered use of railway, air, water, intercity road transport and all types of urban and suburban passenger transport, communications and information (including means that provide duplication of sound signals for light signals of traffic lights and devices regulating the movement of pedestrians through transport communications).

Planning and development of cities and other settlements, formation of residential and recreational areas, development of design solutions for new construction and reconstruction of buildings, structures and their complexes, as well as the development and production of vehicles public use, means of communication and information without adaptation of these objects for access to them by disabled people and their use by disabled people are not allowed.

State and municipal expenditures on the development and production of vehicles taking into account the needs of people with disabilities, the adaptation of vehicles, communications and information for unhindered access to them by people with disabilities and their use by people with disabilities, the creation of conditions for people with disabilities for unhindered access to engineering, transport and social infrastructure facilities are carried out in within the limits of allocations annually provided for these purposes in budgets of all levels. Expenses for carrying out these activities that are not related to state and municipal expenses are made from other sources not prohibited by the legislation of the Russian Federation.

Part 4 of Article 15 lost force on January 1, 2005 in accordance with Federal Law No. 122-FZ of August 22, 2004.

In cases where existing facilities cannot be fully adapted for the needs of people with disabilities, the owners of these facilities must carry out such activities in agreement with public associations for people with disabilities measures to ensure that the minimum needs of people with disabilities are met.

Enterprises, institutions and organizations providing transport services to the population provide special devices for stations, airports and other facilities that allow people with disabilities to freely use their services. Organizations of the machine-building complex that produce vehicles, as well as organizations, regardless of organizational and legal forms, that provide transport services to the population, provide the equipment of the specified means with special devices and devices in order to create conditions for disabled people for the unhindered use of the specified means.

Places for the construction of a garage or parking for technical and other means of transportation are provided to disabled people out of turn near their place of residence, taking into account urban planning standards.

Part 8 of Article 15 lost force on January 1, 2005 in accordance with Federal Law No. 122-FZ of August 22, 2004.

At each parking lot (stop) of vehicles, including near trade enterprises, services, medical, sports and cultural and entertainment institutions, at least 10 percent of the spaces (but not less than one space) are allocated for parking special vehicles for disabled people who are not should occupy other vehicles. Disabled persons use parking spaces for special vehicles free of charge.

Article 16. Responsibility for evading the requirements for creating conditions for people with disabilities for unhindered access to engineering, transport and social infrastructure facilities

Legal and officials for evading compliance with the requirements provided for by this Federal Law, other federal laws and other regulatory legal acts for the creation of conditions for people with disabilities for unhindered access to engineering, transport and social infrastructure facilities, as well as for unhindered use of railway, air, water, intercity road transport and all types of urban and suburban passenger transport, means of communication and information bear administrative responsibility in accordance with the legislation of the Russian Federation.

Part 2 of Article 16 has lost force in accordance with Federal Law of November 25, 2013 No. 312-FZ.

Article 17. Providing disabled people with living space

Disabled people and families with disabled children in need of improvement living conditions, are registered and provided with residential premises in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Providing, at the expense of federal budget funds, housing for disabled people and families with disabled children in need of improved housing conditions, registered before January 1, 2005, is carried out in accordance with the provisions of Article 28.2 of this Federal Law.

Disabled people and families with disabled children in need of improved housing conditions, registered after January 1, 2005, are provided with living quarters in accordance with the housing legislation of the Russian Federation.

Determining the procedure for providing residential premises (under a social tenancy agreement or ownership) to citizens in need of improved housing conditions who registered before January 1, 2005, is established by the legislation of the constituent entities of the Russian Federation.

Residential premises are provided to disabled people and families with disabled children, taking into account their state of health and other circumstances worthy of attention.

Disabled people may be provided with residential premises under a social tenancy agreement with a total area exceeding the norm for provision per person (but not more than twice), provided that they suffer from severe forms chronic diseases, provided for in the list established by the federal executive body authorized by the Government of the Russian Federation.

Payment for residential premises (fee for social rent, as well as for the maintenance and repair of residential premises) provided to a disabled person under a social rental agreement in excess of the norm for the provision of residential premises area is determined based on the occupied total area of residential premises in a single amount, taking into account the benefits provided.

Residential premises occupied by disabled people are equipped with special means and devices in accordance with the individual rehabilitation program of the disabled person.

Disabled people living in stationary social service institutions and wishing to obtain residential premises under a social tenancy agreement are subject to registration to improve their living conditions, regardless of the size of the occupied area and are provided with residential premises on an equal basis with other disabled people.

Disabled children living in stationary social service institutions, who are orphans or left without parental care, upon reaching the age of 18 years, are subject to being provided with residential premises out of turn, if the individual rehabilitation program for the disabled person provides for the opportunity to provide self-care and lead an independent lifestyle.

Residential premises of the state or municipal housing stock, occupied by a disabled person under a social tenancy agreement, when the disabled person is placed in a stationary social service institution, are retained by him for six months.

Specially equipped residential premises of the state or municipal housing stock, occupied by disabled people under a social tenancy agreement, upon their vacancy, are occupied first of all by other disabled people in need of improved housing conditions.

Disabled people and families with disabled children are given a discount of at least 50 percent on payment for housing (state or municipal housing stock) and payment for utilities (regardless of the ownership of the housing stock), and in residential buildings that do not have central heating - on the cost of fuel purchased within the limits established for sale to the public.

Disabled people and families that include disabled people are given the right to priority receipt of land plots for individual housing construction, farming and gardening.

Article 18. Education and training of disabled children

Article 18 became invalid on September 1, 2013 in accordance with Federal Law No. 185-FZ of July 2, 2013.

Article 19. Education of disabled people

The state supports the acquisition of education by people with disabilities and guarantees the creation of the necessary conditions for people with disabilities to receive it.

Support general education, vocational education and vocational training for people with disabilities is aimed at:

1) their exercise of human rights and freedoms on an equal basis with other citizens;

2) development of personality, individual abilities and capabilities;

3) integration into society.

Bodies exercising management in the field of education and educational organizations, together with social protection authorities and health authorities, ensure that people with disabilities receive public and free pre-school, primary general, basic general, secondary general and secondary vocational education, as well as free higher education.

General education, vocational education and vocational training for disabled people are carried out in accordance with adapted educational programs and individual rehabilitation programs for disabled people.

Bodies exercising management in the field of education and organizations implementing educational activities, provide disabled people and their parents (legal representatives) with information on issues of obtaining general education, vocational education, vocational training and rehabilitation of disabled people.

State authorities and organizations engaged in educational activities provide psychological and pedagogical support when disabled people receive education, including when disabled children receive general education at home and in the form of family education.

Disabled people are provided with the necessary conditions for receiving education in organizations that carry out educational activities to implement basic general education programs, in which special conditions have been created for students with disabilities to receive education. disabilities health, as well as in individual organizations carrying out educational activities according to adapted basic general education programs.

If it is impossible to educate disabled children in basic general education programs in organizations engaged in educational activities, the bodies in charge of education, with the consent of the parents (legal representatives) of disabled children, ensure the organization of training for disabled children in basic general education programs at home. The basis for organizing education for disabled children at home is a written request from their parents (legal representatives) and a conclusion from a medical organization, issued in the manner and under the conditions determined by the federal executive body responsible for the development and implementation of state policy and legal regulation in healthcare sector.

The list of diseases, the presence of which gives the right to study in basic general education programs at home, is approved by the federal executive body authorized by the Government of the Russian Federation.

The procedure for regulating and formalizing relations between state or municipal educational organization and parents (legal representatives) of disabled children in terms of organizing training in basic general education programs at home is established by a regulatory legal act of the authorized government body of the constituent entity of the Russian Federation. The amount of compensation for the expenses of parents (legal representatives) of disabled children for these purposes is determined by laws and other regulatory legal acts of the constituent entities of the Russian Federation and are the expenditure obligations of the constituent entities of the Russian Federation.

Article 20. Ensuring employment of disabled people

Disabled people are provided with guarantees of employment by federal government bodies and government bodies of the constituent entities of the Russian Federation through the following special events that help increase their competitiveness in the labor market:

1) paragraph 1 of Article 20 lost force on January 1, 2005 in accordance with Federal Law of August 22, 2004 No. 122-FZ;

2) establishing in organizations, regardless of organizational and legal forms and forms of ownership, a quota for hiring disabled people and a minimum number of special jobs for disabled people;

3) reserving jobs in professions most suitable for employing people with disabilities;

4) stimulating the creation by enterprises, institutions, organizations of additional jobs (including special ones) for the employment of people with disabilities;

5) creating working conditions for disabled people in accordance with individual rehabilitation programs for disabled people;

6) creating conditions for entrepreneurial activity of disabled people;

7) organizing training for disabled people in new professions.

Article 21. Establishing a quota for hiring disabled people

For employers whose number of employees exceeds 100 people, the legislation of the constituent entity of the Russian Federation establishes a quota for hiring disabled people in the amount of 2 to 4 percent of the average number of employees. For employers whose number of employees is no less than 35 people and no more than 100 people, the legislation of a constituent entity of the Russian Federation may establish a quota for hiring disabled people in the amount of no more than 3 percent of the average number of employees.

When calculating the quota for hiring disabled people, the average number of employees does not include workers whose working conditions are classified as harmful and (or) hazardous conditions labor based on the results of certification of workplaces for working conditions or the results of a special assessment of working conditions.

If the employers are public associations of disabled people and organizations formed by them, including business partnerships and societies, the authorized (share) capital of which consists of the contribution of a public association of disabled people, these employers are exempt from complying with the established quota for hiring disabled people.

Article 22. Special workplaces for employing disabled people

Special workplaces for employing disabled people are workplaces that require additional measures to organize work, including adaptation of main and auxiliary equipment, technical and organizational equipment, additional equipment and provision of technical devices, taking into account the individual capabilities of disabled people. Special workplaces for the employment of disabled people are equipped (equipped) by employers, taking into account the impaired functions of disabled people and the limitations of their life activities in accordance with the basic requirements for such equipment (equipment) of these workplaces, determined by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of labor and social protection of the population.

The minimum number of special jobs for employing disabled people is established by the executive authorities of the constituent entities of the Russian Federation for each enterprise, institution, organization within the established quota for hiring disabled people.

Parts 3 and 4 of Article 22 lost force on January 1, 2005 in accordance with Federal Law No. 122-FZ of August 22, 2004.

Article 23. Working conditions for disabled people

Disabled people employed in organizations, regardless of organizational and legal forms and forms of ownership, are provided with the necessary working conditions in accordance with the individual rehabilitation program for the disabled person.

It is not allowed to establish in collective or individual employment contracts working conditions of disabled people (wages, working and rest hours, duration of annual and additional paid leave, etc.), worsening the situation of disabled people compared to other workers.

For disabled people of groups I and II, a reduced working time of no more than 35 hours per week is established while maintaining full pay.

Involving people with disabilities in overtime work, work on weekends and at night is allowed only with their consent and provided that such work is not prohibited for health reasons.

Disabled people are provided annual leave at least 30 calendar days.

Article 24. Rights, obligations and responsibilities of employers in ensuring the employment of disabled people

Employers have the right to request and receive information necessary when creating special jobs for employing people with disabilities.

Employers in accordance with established quota To employ disabled people, they must:

1) create or allocate jobs for the employment of people with disabilities and adopt local regulations containing information about these jobs;

2) create working conditions for disabled people in accordance with the individual rehabilitation program for a disabled person;

3) provide, in accordance with the established procedure, information necessary for organizing the employment of disabled people.

Part 3 of Article 24 lost force on July 1, 2002 in accordance with Federal Law of December 30, 2001 No. 196-FZ.

Article 25. Procedure and conditions for recognizing a disabled person as unemployed

Article 25 lost force on January 1, 2005 in accordance with Federal Law No. 122-FZ of August 22, 2004.

Article 26. State incentives for the participation of enterprises and organizations in ensuring the livelihoods of people with disabilities

Article 26 lost force on January 1, 2005 in accordance with Federal Law of August 22, 2004 No. 122-FZ.

Article 27. Material support for disabled people

Material support for disabled people includes monetary payments on various grounds (pensions, benefits, insurance payments for insuring the risk of health impairment, payments for compensation for harm caused to health, and other payments), compensation in cases established by the legislation of the Russian Federation.

Part 2 of Article 27 lost force on January 1, 2005 in accordance with Federal Law No. 122-FZ of August 22, 2004.

Article 28. Social services for disabled people

Social services for people with disabilities are provided in the manner and on the basis determined by the state authorities of the constituent entities of the Russian Federation with the participation of public associations of people with disabilities.

The executive authorities of the constituent entities of the Russian Federation create special social services for disabled people, including the delivery of food and industrial goods to disabled people, and approve a list of diseases of disabled people for which they are entitled to preferential services.

Disabled people in need of outside care and assistance are provided with medical and household services at home or in inpatient institutions. Conditions of stay of disabled people in inpatient facility Social services must ensure that disabled people can exercise their rights and legitimate interests in accordance with this Federal Law and help meet their needs.

Disabled people are provided with the necessary means of telecommunications services, special telephone sets (including for subscribers with hearing impairments), and public call centers.

Part 5 of Article 28 lost force on January 1, 2005 in accordance with Federal Law No. 122-FZ of August 22, 2004.

Disabled people are provided with household appliances, tiflo-, surdo- and other means they need for social adaptation.

Maintenance and repair of technical means of rehabilitation of disabled people are carried out out of turn with exemption from payment or on preferential terms.

The procedure for providing services maintenance and repair of technical means of rehabilitation of disabled people is determined by the federal executive body authorized by the Government of the Russian Federation.

Article 28.1. Monthly cash payment for disabled people

1. Disabled people and disabled children have the right to a monthly cash payment in the amount and manner established by this article.

2. The monthly cash payment is set in the amount of:

1) disabled people of group I - 2,162 rubles;

2) disabled people of group II, disabled children - 1,544 rubles;

3) disabled people Group III- 1,236 rubles;

4) disabled people who do not have a degree of limitation in their ability to work, with the exception of disabled children - 772 rubles.

3. If a citizen simultaneously has the right to a monthly cash payment under this Federal Law and under another federal law or other regulatory legal act, regardless of the basis on which it is established (except for cases where a monthly payment is established cash payment in accordance with the Law of the Russian Federation "On social protection of citizens exposed to radiation as a result of a disaster in Chernobyl nuclear power plant"(as amended by the Law of the Russian Federation of June 18, 1992 No. 3061-1), Federal Law of January 10, 2002 No. 2-FZ "On social guarantees for citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site"), he is provided with one monthly cash payment either under this Federal Law, or under another federal law or other regulatory legal act at the choice of a citizen.

4. The amount of the monthly cash payment is subject to indexation once a year from April 1 of the current year based on the federal law established on the federal budget for the corresponding fiscal year and for the planning period of the forecast inflation level.

5. Monthly cash payment is established and paid by the territorial body Pension Fund Russian Federation.

6. Monthly cash payments are made in the manner determined by the federal executive body responsible for developing state policy and legal regulation in the field of healthcare and social development.

7. Part of the monthly cash payment may be used to finance the provision of social services in accordance with Federal Law of July 17, 1999 No. 178-FZ “On State Social Assistance”.

Article 28.2. Providing social support measures for people with disabilities to pay for housing and utilities, as well as providing housing for people with disabilities and families with disabled children

The Russian Federation transfers to the government bodies of the constituent entities of the Russian Federation the authority to provide social support measures for people with disabilities to pay for housing and utilities and to provide housing for disabled people and families with disabled children in need of improved housing conditions, registered before January 1, 2005 .

Funds for the implementation of transferred powers to provide these social support measures are provided in the federal budget in the form of subventions.

The volume of subventions from the federal budget to the budgets of the constituent entities of the Russian Federation is determined:

for payment of housing and communal services based on the number of persons entitled to the specified social support measures; approved by the Government of the Russian Federation federal standard for the maximum cost of provided housing and communal services per 1 square meter of total housing area per month and the federal standard social norm the area of housing used to calculate interbudgetary transfers, as well as the minimum amount of contribution established by a specific constituent entity of the Russian Federation for major repairs of common property in an apartment building;

to provide housing for disabled people and families with disabled children, based on the number of persons entitled to the specified social support measures; the total housing area is 18 square meters and the average market value of 1 square meter of the total housing area in the constituent entity of the Russian Federation, established by the federal executive body authorized by the Government of the Russian Federation.

Subventions are credited in the manner established for the execution of the federal budget to the accounts of the budgets of the constituent entities of the Russian Federation.

The procedure for spending and accounting for funds for the provision of subventions is established by the Government of the Russian Federation.

The form of provision of these social support measures is determined by the regulatory legal acts of the constituent entity of the Russian Federation.

State authorities of the constituent entities of the Russian Federation quarterly submit to the federal executive body responsible for developing a unified state financial, credit, monetary policy, a report on the expenditure of provided subventions indicating the number of persons entitled to the specified social support measures, categories of recipients of social support measures, and to the federal executive body responsible for developing a unified state policy in the field of healthcare, social development, labor and consumer protection - a list of persons who have been provided with social support measures, indicating the categories of recipients, the grounds for receiving social support measures, the size of the occupied area and the cost provided or purchased housing. If necessary, additional reporting data is submitted in the manner determined by the Government of the Russian Federation.

Funds for the implementation of these powers are targeted and cannot be used for other purposes.

In the event that funds are not used for their intended purpose, the authorized federal executive body has the right to collect these funds in the manner established by the legislation of the Russian Federation.

Control over the expenditure of funds is carried out by the federal executive body exercising control and supervision functions in the financial and budgetary sphere, the federal executive body exercising control and supervision functions in the field of healthcare and social development, and the Accounts Chamber of the Russian Federation.

State authorities of the constituent entities of the Russian Federation have the right to vest, by the laws of the constituent entities of the Russian Federation, local self-government bodies with the powers to provide social support measures specified in part one of this article.

Article 29. Sanatorium-resort treatment of disabled people

Article 29 lost force on January 1, 2005 in accordance with Federal Law of August 22, 2004 No. 122-FZ.

Article 30. Transport services for disabled people

Article 30 lost force on January 1, 2005 in accordance with Federal Law of August 22, 2004 No. 122-FZ.

Article 31. The procedure for maintaining social protection measures established for people with disabilities

Parts 1 and 2 of Article 31 lost force on January 1, 2005 in accordance with Federal Law No. 122-FZ of August 22, 2004.

In cases where other legal acts for disabled people provide for norms that increase the level of social protection of disabled people compared to this Federal Law, the provisions of these legal acts are applied. If a disabled person has the right to the same measure of social protection under this Federal Law and at the same time under another legal act, the measure of social protection is provided either under this Federal Law or under another legal act (regardless of the basis for establishing the benefit).

Article 32. Responsibility for violation of the rights of persons with disabilities. Dispute resolution

Citizens and officials guilty of violating the rights and freedoms of people with disabilities bear responsibility in accordance with the legislation of the Russian Federation.

Disputes regarding the determination of disability, the implementation of individual rehabilitation programs for people with disabilities, the provision of specific social protection measures, as well as disputes concerning other rights and freedoms of people with disabilities are considered in court.

Chapter V. Public associations of disabled people

Article 33. The right of disabled people to create public associations

Public associations created and operating in order to protect the rights and legitimate interests of people with disabilities, providing them with equal opportunities with other citizens, are a form of social protection for people with disabilities. The state provides assistance and assistance to these public associations, including material, technical and financial. Local government bodies have the right to provide support to public associations of people with disabilities at the expense of local budgets (with the exception of interbudgetary transfers provided from the budgets of the budgetary system of the Russian Federation).

Public organizations of disabled people are recognized as organizations created by disabled people and persons representing their interests, in order to protect the rights and legitimate interests of disabled people, provide them with equal opportunities with other citizens, solve problems of social integration of disabled people, among whose members are disabled people and their legal representatives (one of the parents , adoptive parents, guardian or trustee) constitute at least 80 percent, as well as unions (associations) of these organizations.

Federal executive authorities, executive authorities of constituent entities of the Russian Federation, local government bodies, organizations, regardless of organizational and legal forms and forms of ownership, attract authorized representatives of public associations of people with disabilities to prepare and make decisions affecting the interests of people with disabilities. Decisions made in violation of this rule may be declared invalid in court.

Public associations of disabled people may own enterprises, institutions, organizations, business partnerships and societies, buildings, structures, equipment, transport, housing stock, intellectual values, cash, shares, shares and securities, as well as any other property and land plots in accordance with the legislation of the Russian Federation.

Public associations of disabled people and organizations that were created by all-Russian public associations of disabled people, and whose authorized capital consists entirely of contributions public organizations disabled people, and the average number of disabled people in which in relation to other employees is no less than 50 percent, and the share of wages of disabled people in the wage fund is no less than 25 percent, state authorities and local governments can also provide support by providing free use of property (including buildings, non-residential premises) used by these associations and organizations on legally for a period of at least five years at the time of provision of such property.

Providing support to public associations of disabled people can also be carried out in accordance with Federal Law of January 12, 1996 No. 7-FZ “On Non-Profit Organizations” in terms of socially oriented non-profit organizations.

To organizations that were created by all-Russian public associations of disabled people, and authorized capital which consists entirely of contributions from public organizations of disabled people, and the average number of disabled people in which in relation to other employees is no less than 50 percent, and the share of wages of disabled people in the wage fund is no less than 25 percent, is subject to the Federal Law of July 24 2007 No. 209-FZ "On the development of small and medium-sized businesses in the Russian Federation" if these organizations comply with the requirements established by the specified Federal Law, with the exception of paragraph 1 of part 1 of Article 4 of the specified Federal Law.

Article 34. Benefits provided to public associations of disabled people

Article 34 lost force on January 1, 2005 in accordance with Federal Law of August 22, 2004 No. 122-FZ.

Chapter VI. Final provisions

Article 35. Entry into force of this Federal Law

This Federal Law comes into force on the date of its official publication, with the exception of articles for which other dates of entry into force are established.

Articles 21, 22, 23 (except for part one), 24 (except for paragraph 2 of part two) of this Federal Law come into force on July 1, 1995; Articles 11 and 17, part two of Article 18, part three of Article 19, paragraph 5 of Article 20, part one of Article 23, paragraph 2 of part two of Article 24, part two of Article 25 of this Federal Law come into force on January 1, 1996; Articles 28, 29, 30 of this Federal Law come into force on January 1, 1997 in terms of expanding the benefits currently in effect.

Articles 14, 15, 16 of this Federal Law come into force during 1995 - 1999. The specific dates for the entry into force of these articles are determined by the Government of the Russian Federation.

Article 36. Effect of laws and other normative legal acts

The President of the Russian Federation and the Government of the Russian Federation should bring their regulatory legal acts in accordance with this Federal Law.

Until laws and other regulatory legal acts in force on the territory of the Russian Federation are brought into compliance with this Federal Law, laws and other regulatory legal acts are applied to the extent that does not contradict this Federal Law.

Federal Law No. 181 FZ On the social protection of people with disabilities in the Russian Federation is a document that was adopted by the Government of the Russian Federation for the segment of society with disabilities.

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All their capabilities, privileges, as well as benefits that incapacitated citizens can claim are strictly and clearly spelled out here.

Separately, the law contains information about the differences between categories of disability and for some of them obligations; special attention should be paid to this regulatory act, since the number of disabled people in the country is increasing every year.

What you need to know

Every citizen with disabilities, as well as those who are directly related to them, need to know the following regarding this legal act:

For what purpose did the state pass a law regarding persons with disabilities.
What articles are present in it, and what exactly does it say about disabled people and persons related to them?
What privileges and benefits are provided for by this legislation (for example, a discount for housing and communal services).
What disability groups exist, and that part of them that relates to the working population.
All the necessary information about the procedure for citizens to care for persons with disabilities and the availability of benefits for this is also contained in the document.
Living conditions that must be provided for a given segment of society.

This regulatory legal act contains all the necessary provisions regarding this.

Additionally, persons who are faced with this law should be aware of the fact that the Federal Law is regularly subject to changes and amendments, which makes life even more difficult disabled persons comfortable.

Legal framework (latest version of Bill 181)

Federal Law No. 181 of November 24, 1995 “On social protection of disabled people in the Russian Federation”, on at the moment This latest edition bill.

Small changes were made to it periodically. The document currently contains the following chapters:

general provisions;
medical and social examination;
rehabilitation and habilitation of disabled people;
ensuring the livelihoods of people with disabilities;
public associations of disabled people;
final provisions.

All chapters of the bill were adopted State Duma July 20, 1995, and after consideration, the Federation Council approved this document on November 15, 1995, after which normative act came into force after signing by the President of the Russian Federation.

Significant changes have not been made over the entire period, but regular minor amendments made through other Federal laws make the lives of disabled people better every year.

Main characteristics of the Federal Law on the protection of the rights of persons with disabilities in the Russian Federation

Like any other legal act, the law on the protection of the rights of persons with disabilities in the Russian Federation has its own characteristics.

Let's take a closer look at the main ones:

The legislative act fully reflects the rights of people with disabilities	And also the people who care for them
The text of the document contains verbatim information about	How can a citizen with serious illnesses or injuries receive a disability category?
In case of unjustified actions against a disabled person	You can always enlist the support of a lawyer and refer to this law
Based on legislation	Citizens can apply for the benefits and privileges they are entitled to from the state
The text of the document reveals in detail the importance of every citizen of the Russian Federation	Including persons with disabilities
Referring to this law and Labor Code RF	Every citizen with health limitations has the right to claim simplified working conditions
Based on this Federal legislation	Local authorities are making additional comfortable conditions for people with disabilities

This document could take a long time to describe. But the most important thing that should be noted about the adopted normative act is that it reveals in detail the essence of the problem of limited human capabilities.

Rehabilitation rules

For citizens with disabilities, rehabilitation remains the main meaning in life. For them, this is hope for a speedy return to normal life.

As part of this bill, recovery centers have been created and continue to be created in each region, which will allow persons with disabilities to quickly return to life.

Additionally, based on the text of this law, every disabled person has the right to make an annual trip to a rehabilitation sanatorium, where specialists will work with him.

There are a number rehabilitation rules for disabled people:

there are a number of rehabilitation measures at the federal level;
only government agencies approve means and equipment for carrying out restoration or preventive measures;
the entire rehabilitation program for a person with disabilities provided by the state is available absolutely free of charge.

Currently, all aspects related to restoration programs, as well as the attitude towards the objects where this is carried out, are receiving close attention from state commissions. It is not acceptable for a person with a disability to be treated negligently.

Providing citizens with housing

Another problem that is acutely addressed in this legislative act is the allocation of housing to those in need and, if necessary, improvement of living conditions.

Many disabled people currently do not have their own living space, or it is in disrepair.

According to the regulatory legal act, local authorities When such circumstances arise, the authorities must do everything necessary to eliminate this controversial issue.

As a rule, needy persons with disabilities are allocated rooms in dormitories; more rarely, they can apply for an apartment or a private house.

If the housing is in disrepair, then it is first decided to allocate funds for major repairs or to relocate the disabled person. The same applies to families with children with disabilities.

Features of working conditions

Persons who have health problems can also find official employment, but there is a slight difference in the groups:

the first category is recognized as completely disabled;
the second group is recognized as partially working;
the third category has only minor restrictions.

An additional difference between the groups is that the first does not have to undergo annual confirmation of their disability, unlike the second and third, who have to undergo annual medical commission to confirm the category of disability.

Let us consider in more detail the features of the workplace, which should officially be created for a person who has a disability:

Shortened working hours.
Availability of additional days off.
Possibility to take a vacation at any time.
Workplace in mandatory must be equipped to fit the employee's limitations.
Additionally, at the workplace of a disabled person there should be a notification about the citizen’s health limitations.

If all this is missing, then the disabled person will not be officially employed, since any labor inspection will be forced to impose a ban on labor activity citizen, and his leader to be fined.

Today, a separate layer of society lives on the territory of the Russian Federation - people with disabilities (disabled people), while there are citizens with health problems, both from early childhood and in adulthood.

RUSSIAN FEDERATION

FEDERAL LAW

ON SOCIAL PROTECTION OF DISABLED PEOPLE IN THE RUSSIAN FEDERATION

State Duma

Federation Council

This Federal Law determines the state policy in the field of social protection of disabled people in the Russian Federation, the purpose of which is to provide disabled people with equal opportunities with other citizens in the implementation of civil, economic, political and other rights and freedoms provided for by the Constitution of the Russian Federation, as well as in accordance with generally recognized principles and norms of international law and international treaties of the Russian Federation.

The measures for social protection of disabled people provided for by this Federal Law are expenditure obligations of the Russian Federation, with the exception of measures of social support and social services related to the powers of the state authorities of the constituent entities of the Russian Federation in accordance with the legislation of the Russian Federation.

Chapter I. GENERAL PROVISIONS

Chapter II. MEDICAL AND SOCIAL EXAMINATION

Chapter III. REHABILITATION AND HABILITATION OF DISABLED PEOPLE

Chapter IV. ENSURING LIFE ACTIVITIES OF DISABLED PEOPLE

Chapter V. PUBLIC ASSOCIATIONS OF DISABLED PERSONS

Article 33. The right of disabled people to create public associations

Public associations of disabled people may own enterprises, institutions, organizations, business partnerships and societies, buildings, structures, equipment, transport, housing, intellectual values, cash, shares, shares and securities, as well as any other property and land plots in accordance with the legislation of the Russian Federation.

Public associations of disabled people and organizations that were created by all-Russian public associations of disabled people, and whose authorized capital consists entirely of contributions from public organizations of disabled people, and the average number of disabled people in which in relation to other employees is no less than 50 percent, and the share of wages of disabled people in the fund wages - no less than 25 percent, state authorities and local governments can also provide support by providing free use of property (including buildings, non-residential premises) used by these associations and organizations legally for at least five years for the moment of provision of such property.

Providing support to public associations of disabled people can also be carried out in accordance with the Federal Law of January 12, 1996 N 7-FZ “On Non-Profit Organizations” in terms of socially oriented non-profit organizations.

For organizations that are created by all-Russian public associations of disabled people, and whose authorized capital consists entirely of contributions from public organizations of disabled people, and the average number of disabled people in relation to other employees is no less than 50 percent, and the share of wages of disabled people in the wage fund - no less than 25 percent, the Federal Law of July 24, 2007 N 209-FZ “On the development of small and medium-sized businesses in the Russian Federation” applies if these organizations comply with the requirements established by the said Federal Law, with the exception of paragraph 1 of part 1 of article 4 of the said Federal Law.

Article 34. Repealed. - Federal Law of August 22, 2004 N 122-FZ.

Chapter VI. FINAL PROVISIONS

Article 35. Entry into force of this Federal Law

This Federal Law comes into force on the date of its official publication, with the exception of articles for which other dates of entry into force are established.

Articles 14, 15, 16 of this Federal Law come into force during 1995 - 1999. The specific dates for the entry into force of these articles are determined by the Government of the Russian Federation.

Article 36. Effect of laws and other normative legal acts

The President of the Russian Federation and the Government of the Russian Federation should bring their regulatory legal acts into compliance with this Federal Law.

President

Russian Federation

Moscow, Kremlin

From January 1, 2016, the main provisions of Law 419 Federal Law (dated December 1, 2014) on the social protection of such segments of the population as disabled people, that is, those with certain limitations (physical or mental, suffered as a result of illness, injury, congenital) come into force. . This made it possible to create the necessary legal framework to create a comfortable, accessible environment people with disabilities.

Key points of Federal Law 419: 4 main steps in 2016

New law on disabled people in 2016 became a more advanced continuation of Federal Law 181, which until this year had been in force for about 15 years (it was adopted on November 24, 1995) and no longer fully met the real conditions and needs of citizens with disabilities functional disorders, limitation of capabilities. The new law offers additional guarantees and more opportunities, introduces new concepts (for example, habilitation), and defines the conditions for obtaining disability.

Changes in the procedure for establishing disability

The new Law on Persons with Disabilities establishes new approach in the definition of disability. According to statistics, at the beginning of 2015 there were approximately 13 million disabled people in Russia, of which 605 thousand were children. Previously, two concepts were used to establish categories and groups for children: disability, degree of functional disorders. But starting from this year, the child is simply recognized as disabled, and then an individual rehabilitation or habilitation program is prescribed.

The group is assigned depending on the severity of functional impairments and their persistence, that is, an objective assessment is used to establish (in accordance with Section III of the new Federal Law), which is easily confirmed during a medical examination. This system will be used to establish disability not only in children, but also in adults, making the recovery program truly effective.

New concept of “habilitation” and individual programs

The enacted Law on Social Protection of Persons with Disabilities also proposes a new concept not previously used - habilitation. In contrast to the concept of restoring lost abilities, habilitation involves the formation of abilities and skills for social, professional and everyday activities, which the patient does not have for a number of reasons. Drawing up individual programs based on this new concept makes it possible to eliminate/compensate for existing restrictions and normal integration of the patient into society.

Individual programs are used as tools following methods: spa treatment, reconstructive surgery, prosthetics, social or medical adaptation, exercise therapy, etc. Research shows that habilitation is most often needed for children with intellectual disabilities. This allows not only to develop the necessary everyday and social skills, but also to provide people with disabilities with normal life activities.

Drawing up individual programs, identifying medical institutions that provide such services, and maintaining reports on the activities provided are regulated by Art. 1 clause 2, art. 5, clause 10 of Federal Law 419.

Federal Register

According to Art. 5, paragraph 5 of the new law, from 2016, registers will be compiled with information about all citizens with disabilities or functional impairments, recommendations for habilitation, rehabilitation, social protection measures taken, including funds paid. Operator new system The Ministry of Labor will speak, which will receive all the necessary information from medical organizations and executive and regional authorities. What are the benefits of implementing this program? It is this that will allow us to fully see the needs of citizens with disabilities, correctly distribute assistance and draw up individual recovery programs.

Barrier-free environment

Another innovation proposed by the Federal Law on Persons with Disabilities is the creation of a barrier-free environment, that is, the necessary conditions for integration into society, access to information and social infrastructure. Since 2016, measures to organize comfortable conditions for persons with disabilities have been mandatory.

For example, traffic light signals are required to be duplicated with sound signals; in local governments, all required information for people with visual impairments will be provided in Braille; free accompaniment in public places and unhindered use are provided. public transport and other measures. The procedure for such events is specified in Art. 26, part 3, art. 5, paragraph 12, art. 17 (access to the entrances of apartment buildings). Fines for failure to comply with legislation regarding ensuring the integration of people with disabilities are provided for by the Code of Administrative Offenses of the Russian Federation, art. 9.13.

Adopted in 1995. Over the previous thirteen years, the act has undergone many changes, the latest of which became effective in 2016. The Law on Social Protection of Disabled Persons involves regulating the status of disabled people, protecting their interests, and policy directions providing for this category of citizens.

General provisions

is a normative act regulating the issues of establishing signs of disability and ensuring it. Like any other law, the law under consideration has a certain structure, which includes aggregate information, as well as specific aspects necessary to realize the interests of the relevant category of the population.

General provisions of legislation on social protection of disabled people in the Russian Federation include the following:

Concepts important for the application of the act. Firstly, a disabled person is defined as a person who has health defects due to diseases, injuries, defects, and is unable to control his or her life activities. Secondly, disability groups, since assignment to one of them is important in establishing the capabilities of individuals. Thirdly, the concept of social protection of such citizens, which is characterized as a system of funds from the state that contribute to the replacement of missing elements of life, placing disabled people on the same level as healthy people.
Legal framework, including legislative acts, bills adopted by Federal Laws, and so on. In addition, the principle of inadmissibility of any discrimination due to a person’s disability group is explicitly established.
Authorities dealing with disability issues. This includes a list of authorized entities and their competence. Such bodies develop laws, establish general principles and criteria for obtaining disability, conclude international treaties, and so on.
Responsibility. establishes the possibility of bringing to justice persons whose actions caused another person to develop signs of a disability. Specific sanctions are not provided; there is only a reference to such acts as the Criminal, Civil and Administrative Codes.

These provisions are necessary for a correct understanding of the institution in question in practice.

ITU

Social protection of disabled people in the Russian Federation begins with identifying a person’s health problems. To achieve this, the law requires a medical and social examination (MSE), which includes examining a person by a commission of doctors and confirming previously identified diagnoses.

According to Article 7, such an examination provides for a set of measures to assess and analyze a person’s condition, after which a conclusion is made about the presence of a disability. Experts rely on individual criteria, namely: the degree of health disorder, its range, which should be from forty to one hundred percent.

Similar events are carried out by the Federal Institution for Medical and Social Expertise, which is appointed by the Government of the Russian Federation. In addition, all the powers of the bureau, the procedure for organizing and carrying out its activities must also be accepted by the specified authority.

The law in question specifies a number of competencies assigned to such an institution:

identification of signs characterizing a person’s disability, their causes and time of appearance;
study of the level of development of disability;
formation of programs with the help of which;
establishing the severity of the disease to determine the degree of disability;
finding out the causes of death of a disabled person in case it is necessary to provide assistance to the family of such a person;
registration of commission decisions and issuance of relevant certificates about the person’s condition.

Decisions made by this federal structure are considered binding. On their basis, disabled people are assigned a certain group, placement in hospitals is carried out if necessary, and the possibility of receiving benefits and additional material payments is confirmed.

Rehabilitation and habilitation

The provisions on social protection of persons with disabilities also describe rehabilitation and habilitation. The first option is aimed at restoring abilities lost due to disability to carry out everyday, social or other activities. The second helps to create previously missing opportunities.

At the same time, this law offers specific action options to simplify the lives of people with disabilities:

medical measures involving surgery, prosthetics, orthotics, as well as treatment in sanatoriums and boarding houses;
vocational guidance, which involves providing support for people with disabilities in obtaining education;
adaptation in production, assistance if necessary in employment;
social and public, aimed at increasing the level of orientation in the pedagogical, psychological, cultural spheres;
sporting events, recreational physical education.

The authorized body must provide all conditions and technical means that disabled people can use for rehabilitation or habilitation.

Any person with a disability, regardless of group, has the right to participate in these events. For disabled children, the law provides additional measures support due to their age and need continuous development, formation in society.

Life support

For persons with a disability group, it is important not only to restore lost abilities, but also to be comfortable in society during the period of illness. provides an exhaustive list of measures to support this category of the population:

Medical support. It is provided in accordance with regional and federal legislation and involves a number of free activities, the provision of medicines, as well as vouchers to sanatoriums.
Providing conditions for people with disabilities in society. It consists of providing them with all the necessary information, preparing separate places for travel in transport, installing ramps, and implementing other programs.
, employment, employment. Providing housing.
Material support. It is embodied in the form of various benefit programs, compensations, pensions, and benefits.
Social benefits. Payment of fifty percent of the amount for utilities, provision of telephone or other telecommunications equipment, household appliances, and so on.
Monthly material

Chapter I. General provisions

Article 1. The concept of “disabled person”, grounds for determining the disability group

Article 2. The concept of social protection of disabled people

Article 3. Legislation of the Russian Federation on social protection of disabled people

Article 4. Competence of federal government bodies in the field of social protection of disabled people

Article 5. Participation of state authorities of the constituent entities of the Russian Federation in ensuring social protection and social support for people with disabilities

Article 6. Liability for causing harm to health leading to disability

Chapter II. Medical and social examination

Article 7. The concept of medical and social examination

Article 8. Federal institutions of medical and social examination

Chapter III. Rehabilitation of disabled people

Article 9. Concept of rehabilitation of disabled people

Article 10. Federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person

Article 11. Individual rehabilitation program for a disabled person

Article 11.1. Technical means for rehabilitation of disabled people

Article 12. State service for rehabilitation of disabled people

Chapter IV. Providing life support for people with disabilities

Article 13. Medical assistance to disabled people

Article 14. Ensuring unhindered access to information for people with disabilities

Article 14.1. Participation of visually impaired people in operations using facsimile reproduction of a handwritten signature

Article 15. Ensuring unimpeded access for people with disabilities to social infrastructure facilities

Article 16. Responsibility for evading the requirements for creating conditions for people with disabilities for unhindered access to engineering, transport and social infrastructure facilities

Article 17. Providing disabled people with living space

Article 18. Education and training of disabled children

Article 19. Education of disabled people

Article 20. Ensuring employment of disabled people

Article 21. Establishing a quota for hiring disabled people

Article 22. Special workplaces for employing disabled people

Article 23. Working conditions for disabled people

Article 24. Rights, obligations and responsibilities of employers in ensuring the employment of disabled people

Article 25. Procedure and conditions for recognizing a disabled person as unemployed

Article 26. State incentives for the participation of enterprises and organizations in ensuring the livelihoods of people with disabilities

Article 27. Material support for disabled people

Article 28. Social services for disabled people

Article 28.1. Monthly cash payment for disabled people

Article 28.2. Providing social support measures for people with disabilities to pay for housing and utilities, as well as providing housing for people with disabilities and families with disabled children

Article 29. Sanatorium-resort treatment of disabled people

Article 30. Transport services for disabled people

Article 31. The procedure for maintaining social protection measures established for people with disabilities

Article 32. Responsibility for violation of the rights of persons with disabilities. Dispute resolution

Chapter V. Public associations of disabled people

Article 33. The right of disabled people to create public associations

Article 34. Benefits provided to public associations of disabled people

Chapter VI. Final provisions

Article 35. Entry into force of this Federal Law

Article 36. Effect of laws and other normative legal acts

What you need to know

Legal framework (latest version of Bill 181)

Main characteristics of the Federal Law on the protection of the rights of persons with disabilities in the Russian Federation

Rehabilitation rules

Providing citizens with housing

Features of working conditions

Key points of Federal Law 419: 4 main steps in 2016

Changes in the procedure for establishing disability

New concept of “habilitation” and individual programs

Federal Register

Barrier-free environment

General provisions

ITU

Rehabilitation and habilitation

Life support

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