Social services are regulated by the fundamentals of the legal norms of the current Federal Law. Additionally, other regulatory legal acts of the Russian Federation, as well as laws of local subjects of the Russian Federation, are included.
Recent changes made to the 442-Law "On Social Services"
The new legislation states that institutions that provide citizens with social services become service providers. However, now they do not check citizens who need service. Now it's in control authorized body consisting of a committee of experts.
Changes in the law also affect the method of individual approach. For example, social support is a new element in the service system. It allows citizens to necessary types services in the following areas:
- medical;
- legal;
- Psychological;
- Pedagogical;
- Social assistance, if it is not related to service.
The grounds due to which citizens are recognized as in need of services are also determined. Below are the changes in the following articles of the law:
Article 7
It supplemented part 1 of the law. To determine the assessment of the quality of the services provided, special conditions are created in service delivery organizations.
Article 8
It describes paragraph 24.1 of the law. It's about on conducting an independent evaluation after the services rendered by social security institutions.
Article 13 442-FZ
This article has been supplemented by paragraph 2 in new edition. It refers to the conduct of an independent assessment of the quality of services provided by employees in the social sphere. The indicators are determined by the Federal executive body.
Part 4 of the law has also been supplemented. It states that, regardless of the body that provides services, it must provide on the World Wide Web the possibility of expressing an opinion in writing. People who have used the service can write a comment or review after the service has been successfully provided.
Article 15 FZ-442
The criteria of the law are described, on the basis of which a citizen is recognized as needing social security. To recognize it as such, it is required to analyze the circumstances that contribute to the deterioration of normal living conditions. He must also be declared incompetent. A citizen cannot:
- Impossible independent movement of people with disabilities (more about social protection of people with disabilities in);
- serviced;
- Provide yourself with the necessities of life.
Describes methods for compiling an individual program. An individual program is a document that specifies:
- Types of services;
- Periodicity;
- Volume;
- Conditions;
- Timing.
The document is created based on the needs of a citizen in social services. The list of needs is reviewed once every 36 months. But only on the basis of an already created individual program. AT latest edition no changes were made to the law.
A list of services that are urgently provided is listed.
In accordance with the law, the range of services is as follows:
- The necessary set of products or the provision of free hot meals;
- Citizens are provided with shoes, clothes or other essentials;
- Assistance in obtaining housing;
- Other urgent services.
No changes were made to the article in the latest edition.
Article 31 442
Persons who can receive social services for free are listed. This list includes:
- Minor children;
- Persons who have suffered as a result of an emergency or military (international) conflicts.
To analyze the law, changes and additions, download it from the link above.
Fundamentals Act social services in the Russian Federation of December 28, 2013 N 442-FZ Adopted by the State Duma on December 23, 2013 and enters into force on January 1, 2015. This law is intended to replace the old laws of August 2, 1995 N 122-FZ "On social services for elderly and disabled citizens" and of December 10, 1995 N 195-FZ "On the basics of social services for the population in the Russian Federation", which, respectively, from 1 January 2015 will no longer be valid.
In accordance with the new law in the field of social services to the population, emphasis is placed on prevention and individual approach.
The law spells out the principles, conditions and procedure for the provision, as well as the composition and content of social services. The grounds for recognizing citizens in need of social services are determined. This is the presence of circumstances that worsen or may worsen the living conditions of a person. For example, partial or complete loss of the ability to self-service and / or movement; the presence in the family of a disabled person in need of constant outside care; intra-family conflicts; violence in family; homelessness of minors; lack of a fixed place of residence, work and livelihood.
The law does not contain the concept of "difficult life situation", as it was previously established by the 1995 Law "On the Fundamentals of Social Services for the Population". Instead, the circumstances under which citizens are recognized as in need of social services are clearly established (Article 15 of the Law):
- Complete or partial loss of the ability or ability to carry out self-care, to move independently, to provide for basic necessities of life due to illness, injury, age or disability;
- The presence in the family of a disabled person or disabled people, including a disabled child or disabled children in need of constant outside care;
- The presence of a child or children (including those under guardianship, guardianship) experiencing difficulties in social adaptation;
- Inability to provide care (including temporary care) for a disabled person, a child, children, as well as the lack of care for them;
- The presence of intra-family conflict, including with persons with drug or alcohol addiction, persons addicted to gambling, persons suffering from mental disorders, the presence of domestic violence;
- Lack of a fixed 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 left without parental care;
- Lack of work and livelihood;
- 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.
The basis for the provision of social service may be a statement, the citizen himself, his legal representative, as well as other persons, for example, bodies and public associations.
Upon receipt of an application, the authorized body of the constituent entity of the Russian Federation makes a decision to recognize the citizen as in need of social services or to refuse social services within five working days from the date of filing the application. O decision the applicant must be informed in writing or electronic form. The decision to provide urgent social services is made immediately.
The decision to deny social services can only be appealed in court, since the law does not essentially provide for an administrative appeal procedure.
The law focuses on the prevention of the need of citizens in the social. service.
In accordance with Art. 9 citizens are guaranteed the right to free visits by legal representatives, lawyers, notaries, representatives of public and (or) other organizations, clergy, as well as relatives and other persons in the daytime and in the evening. This is a significant difference from the law of August 2, 1995 N 122-FZ "On social services for the elderly and disabled", which did not stipulate evening time, which led to a strong limitation of the time of visits by the administrations of social institutions.
The principle of implementation of social services based on individual needs in the social. services. The latter can be provided, as before, in a hospital, semi-stationary conditions and at home.
The development of an individual program for the provision of social services is envisaged. services. This is one of the novelties of the law. An individual program is a document that indicates the form of social services, types, volume, frequency, conditions, terms for the provision of social services, a list of recommended social service providers, as well as social support measures (Article 16).
In accordance with Art. 16. before providing social. services, an Individual Program must be formed, which is a document that indicates:
- form of social services, types, volume, frequency, conditions, terms for the provision of social services,
- list of recommended social service providers,
- social support activities.
An individual program is drawn up based on the need of a particular citizen for social services, and is reviewed depending on the change 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. An individual program for a citizen or his legal representative is advisory in nature, for a social service provider it is mandatory.
Just as in the old law, the maximum amount of payment for social services is limited. services. At the same time, it is fixed that the new conditions for the provision of social services should not worsen the situation of those who are currently entitled to receive them. In particular, this should not lead to an increase in fees for services for these persons.
The law provides that 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, but in the scope of the list of social services established in the subject of the Russian Federation at the new place of residence. To a certain extent, this is an important norm, since it somehow regulates the situation in cases of a change of residence outside the subject - the region of the recipient of social services. help. Although it is difficult to call it sufficient due to too large a gap in living standards in different regions RF.
The concept of "social support" is introduced, which is understood as the provision of assistance to citizens, if necessary, in obtaining the necessary medical, psychological, pedagogical, legal, social assistance.
Social support is carried out by involving organizations providing such assistance on the basis of interagency cooperation in accordance with Article 28 of this Federal Law. Activities for social support are reflected in the individual program and, in the manner of interdepartmental interaction, are carried out on the basis of the regulations for interdepartmental interaction that determine the content and procedure for the actions of bodies state power subject of the Russian Federation.
Based on the provisions of the above article, we can conclude that the system of social support in the law does not have a clear regulation. Already at this stage, among social workers, there are opinions that this greatly narrows the concept of social support up to the simple issuance of a referral or information where the provision of social assistance necessary to the recipient of services is carried out.
When providing social services, it is now necessary to conclude an appropriate 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. (Article 17)
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.
Without drawing up a contract, only urgent social services can be provided.
Urgent social services include:
- Providing free hot meals or food packages;
- Provision of clothing, footwear and other essentials;
- Assistance in obtaining temporary accommodation;
- Assistance in obtaining legal assistance in order to protect the rights and legitimate interests of recipients of social services;
- Assistance in obtaining an emergency psychological help with the involvement of psychologists and clergy in this work;
- Other urgent social services.
And in Art. 19 defines the main conditions that must be met when providing social services in a semi-stationary form or in a stationary form must be provided:
- 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;
- The possibility for independent movement around the territory of a social service organization, entry, exit and movement within such an organization (including for movement in wheelchairs), for rest in a sitting position, as well as accessible placement of equipment and information carriers;
- Duplication of text messages with voice messages, equipping a social service organization with signs made in Braille, familiarizing them with inscriptions, signs and other textual and graphic information on the territory of such an organization, as well as the admission of a typhlosound interpreter, the admission of guide dogs;
- Duplication of voice information with textual information, inscriptions and (or) light signals, informing about social services provided using Russian sign language (sign language translation), admission of a sign language interpreter;
- Provision of other types of assistance.
It is very important that such requirements be specified in the law. However, it is unlikely that they will be fully implemented by the system of social service institutions in the coming years, given the state of hundreds of such institutions in regions where the authorities are not even able to bring them into a state that meets the elementary requirements for safe functioning. It seems that in this case a transitional period is needed, otherwise the law will not be enforced due to the need for colossal material investments. In their absence, the law will be dead
To provide social services will not be attracted state organizations. Both commercial and non-commercial. Introduced public control in the field of social. service. Any social service provider can be entity regardless of its organizational and legal form and (or) individual entrepreneur providing social services.
In state social service organizations, according to the new law, boards of trustees must be created. The structure, formation procedure, term of office, competence of the board of trustees and the procedure for making decisions by it are determined by the charter and on the basis of the approximate regulation on the board of trustees of a social service organization.
The composition of information on the results of an independent assessment of the quality of services provided by social service organizations and the procedure for its placement on the official website for posting information on state and municipal institutions on the Internet are determined by the federal executive body authorized by the Government of the Russian Federation.
Information about the result of the inspection is posted by local governments on their official websites and the official website for posting information about state and municipal institutions on the Internet.
Article 30. Establishes that 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 subject of the Russian Federation, if a citizen receives social services provided for by an individual program. Compensation is paid only to social service providers who are included in the register of social service providers of a subject of the Russian Federation, but do not participate in the implementation of the state order.
Article 34 introduces public control in the field of social services, which 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, assist citizens, public and other organizations in exercising public control in the field of social services.
The law clearly spells out the principles, conditions and procedure for the provision, as well as the composition and content of social services.
The grounds for recognizing citizens in need of social services are determined. This is the presence of circumstances that worsen or may worsen the living conditions of a person. For example, partial or complete loss of the ability to self-service and / or movement; the presence in the family of a disabled person in need of constant outside care; intra-family conflicts; violence in family; homelessness of minors; lack of a fixed place of residence, work and livelihood.
The basis for the provision of social services may be a statement of both the citizen himself and his legal representative, other persons, bodies and public associations.
Particular emphasis is placed on the prevention of the need of citizens in social services. Social support is introduced. That is, citizens, if necessary, can be assisted in obtaining the necessary medical, psychological, pedagogical, legal, social assistance.
The principle of providing social services based on the individual need for social services is being consolidated. The latter can be provided in a hospital, semi-stationary conditions and at home. The development of an individual program for the provision of social services is envisaged.
In urgent cases, urgent social services can be provided (providing free food, clothing and essentials, assistance in obtaining temporary housing, legal and emergency psychological assistance, etc.).
According to the law, the payment for social services provided in semi-stationary conditions and at home is based on a targeted approach to their recipients and depends on their average per capita income. The maximum amount of payment for social services is limited. At the same time, it is stipulated that the new conditions for the provision of social services should not worsen the situation of those who are currently entitled to receive them. In particular, this should not lead to an increase in fees for services for these persons.
Social services are provided free of charge to the following categories. In all forms - to minor children, as well as victims of emergencies and armed interethnic (interethnic) conflicts. Citizens whose average per capita income is below the established value can receive social services free of charge at home and in a semi-stationary form. The size of the maximum per capita income for the provision of social services free of charge will be determined by the regional authorities (but not less than 1.5 of the regional subsistence minimum).
The rights and obligations of providers and recipients of social services are spelled out, and a register of providers and a register of recipients is provided for.
Business will be involved in the provision of social services. Public control is introduced in the field of social services.
Recently entered 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 is it now to live within the framework of this regulatory act? - without the help of qualified lawyers, oh, how not easy. More recently, specialists from the Garant information and legal portal prepared an analysis of the law. We gladly share this extremely useful information.
“On October 25, 2010, speaking at a meeting of the Presidium of the State Council on social policy with regard to senior citizens, Dmitry Medvedev, then president, 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.] can concern not only the elderly, but the entire population of our country," the politician said then.
And such a law was adopted, and already on January 1, 2015 it came into force ( the federal law dated December 28, 2013 No. 442-FZ "On the basics of social services for citizens in the Russian Federation" (hereinafter - the new law). Wherein most of acts previously regulating the social services of citizens, has 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 Federal Law of August 2, 1995 No. 122-FZ “On Social services for the elderly and the disabled."
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, instead of which the concept of "recipient of social services" was introduced. A citizen may be recognized as a recipient of social services if he is in need of social services and he is provided with a social service.
A citizen is recognized as needing social services if at least one of the following circumstances exists:
- complete or partial loss of the ability to self-service, independent movement, provision of basic necessities of life due to illness, injury, age or disability;
- the presence in the family of a disabled person or disabled people in need of constant outside care;
- the presence of a child or children experiencing difficulties in social adaptation;
- the impossibility of providing care for a disabled person, a child, children, as well as the lack of care for them;
- domestic violence or intra-family conflict, including with persons with drug or alcohol addiction, gambling addiction, persons or suffering from mental disorders;
- lack of a fixed 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. It is formed 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 was understood as difficult life situation a situation that objectively disrupts the life of a citizen, which he cannot overcome on his own. Usually, this meant disability, inability to self-care due to old age, illness, orphanhood, neglect, low income, unemployment, lack of a fixed place of residence, conflicts and abuse in the family, loneliness, etc.
OPINION
"In order for the new law to work, each region must adopt 27 normative documents. We have monitored the readiness of the regions to adopt a new law. By mid-December 2014, only 20 regions had adopted all the necessary regulatory framework, 20 regions had adopted less than half, and 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 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 stationary institutions, and also had the right to day stay in institutions of social service and rehabilitation.
After the entry into force of the new law, citizens can count on the provision of the following types of social services:
- social and domestic;
- socio-medical;
- socio-psychological;
- socio-pedagogical;
- social and labor;
- social and legal;
- services 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 essentials, assistance in obtaining temporary housing, legal and emergency psychological assistance, and other urgent social services. A citizen can count on receiving such services within the time frame determined by his need. At the same time, since January 1 of this year, citizens have lost the opportunity to receive material assistance in the form of Money, 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 as a result of emergency situations, armed interethnic (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). At the same time, the amount of such income cannot be lower than one and a half times the regional subsistence minimum.
In addition, the subjects of the federation may provide for other categories of citizens to whom social services are provided free of charge.
As you can see, unemployed citizens are excluded from the number of persons entitled to free social services (if such a category of citizens is not provided for by the law of the subject of the federation).
Previously, in order to receive free social services for single citizens, the sick, pensioners and the disabled, they had to have an average per capita income below the regional subsistence level. Consider an example. Suppose the subsistence minimum for pensioners was 6804 rubles. This means that before January 1, for example, a single pensioner with an income of less than 6804 rubles could apply for a free social service. per month. After the entry into force of the new law, the amount of income that allows you to get the right to free social services cannot be lower than one and a half times the regional subsistence minimum. Now, in order to receive a free social service, other things being equal, the monthly income of a single pensioner must be 10,206 rubles. or less (1.5 x 6804 rubles).
For those who are not entitled to receive free social services, a fee is set for their provision. Its amount for home and semi-stationary services 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 the social service and limit value per capita income set by the region. The amount of 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 a recipient of social services.
5. The procedure for receiving social services has been changed.
From the beginning of the current 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 oral - of a citizen, his guardian, trustee, other legal representative, state authority, local self-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 apply by sending electronic document which was not provided for in the previous law.
An individual program for the provision of social services is drawn up with each recipient of social services. It indicates the form of social services, types, volume, frequency, conditions, terms for the provision of social services, a list of recommended social service providers, as well as social support activities. This program is mandatory for the provider of social services and advisory for the citizen himself. In other words, the recipient of assistance may refuse some service, but the provider is obliged to provide it at the request of the recipient.
A program is drawn up within no more than 10 working days from the date of filing an application for the provision of social services, and is reviewed at least once every three years. Urgent social services are provided without drawing up an individual program. Previously, such programs were not provided.
After drawing up an individual program and choosing a provider of social services, a citizen must conclude an agreement with the provider on the provision of social services. The contract must necessarily fix 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 apply for free social services. In addition, the quality, volume and efficiency of their provision will change. Previously, social services were provided on the basis of a group approach. However, all citizens have different needs, income, housing conditions. Starting January 1, 2015, contracts with consumers of social services social programs, which takes into account all individual characteristics every consumer."
6. The organization of social services is defined.
Interestingly, the new law spells out obvious things at first glance: social service providers do not have the right to restrict the rights of social service recipients; use insults, rude treatment; to place children with disabilities who do not suffer from mental disorders in stationary institutions intended for children with disabilities who suffer from mental disorders, and vice versa. However, it was still worth emphasizing such prohibitions. For example, numerous cases of placement in Russia of healthy children in organizations for children with disabilities suffering from mental disorders were noted in a report by the international human rights organization Human Rights Watch in 2014.
Fundamentally new is the approach to financing social services. According to the old law, social services were provided to citizens at the expense of the budgets of the subjects of the federation. In this regard, depending on the region, the volume of social assistance provided varied greatly. From January 1, 2015, social services are financed from the federal budget, charitable contributions and donations, citizens' own funds (when providing social services for a fee), income from entrepreneurial and other income-generating activities carried out by social service organizations, as well as other not prohibited by law sources. It is assumed that this innovation will help to 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 the staffing of social services. Let us recall that earlier only specialists with professional education corresponding to the requirements and nature of the work performed, experience in the field of social services, and inclined in their personal qualities to provide social services.
Based on the materials of the IPP "Garant" http://www.garant.ru/article/604320/#ixzz3QXjQdTCj