Social services for the population in Russian Federation regulated by Federal Law. It determines the legal and economic aspects of this issue, as well as the powers of federal and regional bodies state power in this area. The rights and obligations of recipients and providers of relevant services are prescribed, as well as those categories of persons to whom this law applies.
Previously in force in this area, Federal Law 195 Federal Law “On the Fundamentals social services population in the Russian Federation" lost force with the adoption of the new law. Federal Law 442 was approved on December 28, 2013, came into force on January 1, 2015, from at this moment Federal Law 195 ceased to apply.
The current Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation” retains the succession of the previous document, but significantly expands the list of issues under consideration. Structurally, Federal Law 442 contains the following chapters:
- general provisions of the document;
- powers of federal and regional authorities;
- rights and obligations of recipients regulated by law services;
- rights, obligations, as well as compliance with information transparency of suppliers;
- provision of social services, its organization, forms and types of services;
- financing the system of services provided and the conditions for their payment by citizens;
- state and public supervision and control.
In accordance with general provisions Federal Law 442 defines the following principles of provision services required by the population:
- respect for human rights;
- humanity;
- respect for human dignity and honor;
- equal and free access of citizens to social services;
- targeting;
- proximity of suppliers to the place of residence of citizens;
- formation of a sufficient number of suppliers to meet the needs of the population;
- creating a familiar and favorable environment for people;
- voluntary use of the services provided;
- privacy and .
By Article 19 Federal Law 442 social services are provided at home, semi-permanently or in stationary form. In the first case, the supplier arrives at the place of residence of the applicant. Semi-stationary services imply the ability to access them during certain operating hours of the institution. Stationary is the residence of the recipient on the territory of the institution providing the services provided.
Types of social services under Article 20 of Federal Law 442 are defined by the following categories:
- household services aimed at supporting the livelihoods of citizens in housing matters;
- medical oriented towards ensuring and maintaining public health;
- psychological, ensuring adaptation to society and a comfortable state of citizens;
- pedagogical aimed at helping to organize the development of children and eliminate deviations in their behavior and adaptation to society;
- labor, problem solvers with employment;
- legal providing legal assistance;
- communicative, helping to establish contacts for those citizens who are limited in their life activities.
Types of social services include: urgent help in emergency and emergency situations.
Also in the Russian Federation there is a Federal Law on social services for elderly citizens and people with disabilities. You can find out more about this law
Download 442 Federal Law
Download Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation” 442-FZ Can . The document is presented in the latest edition with changes current as of August 2014. The text can be used by human rights activists, officials, as well as citizens studying their rights and responsibilities in depth.
Last changes
Changes to the Social Services Law were made only once - July 21, 2014 years, and entered into force together with the general text of the document January 1, 2015. The amendments affected the following provisions:
- part 1 Art. 7 And article 8 accordingly, clauses 7.1 and 24.1 were supplemented with the same content: “ creating conditions for organizing independent assessment quality of service provision by social service organizations»;
- V article 13 Law 442 Federal Law, Part 2, introduced clause 12.1 on conducting an independent assessment of the quality of service provision; Part 4 was introduced on ensuring the technical ability for citizens to express their opinions on quality on official websites;
- added to the law Article 23.1.
Specified Article 23.1 Federal Law 442 regulates the organization and procedure for conducting an independent assessment of the quality of social services provided. This is defined as one of the forms of public control over the implementation of the provisions of the law. The evaluation criteria define the following principles:
- openness and accessibility of information;
- comfortable conditions;
- availability of required services;
- waiting time for social services;
- friendliness, politeness and competence of employees;
- citizen satisfaction with the services received.
An independent assessment is carried out by an authorized federal, regional or municipal executive body. Control is carried out in accordance with the prescribed norms of the legislation of the Russian Federation.
According to the Constitution, the Russian Federation is a socially oriented state. That is why all categories of citizens should be provided with high-quality social services, the procedure for the provision of which is regulated in 442-FZ. Some provisions of this regulatory act will be discussed in the article.
What is the law about?
Federal Law No. 442-FZ sets out a number of goals and objectives that are mandatory for the relevant entities. Here it is worth paying attention to:
- legal, economic, organizational and other fundamentals of serving citizens in the provision of social benefits;
- a number of powers and responsibilities of both recipients and suppliers in the area in question;
- a number of rights of federal and subject authorities, etc.
What, according to 442-FZ, is social services for Russian citizens? Article 3 refers to the activities officials to provide a number of useful services to the population. It is worth noting that social services must strictly comply with certain standards, that is, requirements for the frequency, volume and quality of a particular service.
About the principles of social service
Such an important and vast area as the provision of social services to the population must necessarily be based on a number of principles, ideas and conditions. The most important principle here is, of course, the protection of human and civil rights. Work in this area must be humane in nature, and also not allow humiliation of the personality and dignity of a person.
It is also necessary to pay attention to the following principles:
- voluntariness and confidentiality;
- targeting of service provision;
- equal access of all population groups to social services;
- territorial proximity of service providers to the recipients’ places of residence, etc.
The functioning of the system under consideration will be impossible if at least one of the presented principles disappears.
About the service system
Article 5 No. 442-FZ “On the Fundamentals of Social Services” provides a description of the structure in the area under consideration, which includes a number of government agencies, organizations and non-profit enterprises.
The government, as the main executive body, is the most important body in the field of social services. It is the government that is called upon to implement and develop public policy and legal regulation throughout the entire system. gives orders to regional authorities - administrations Russian subjects. In addition, the government controls various private organizations of a commercial and non-profit type. The system may also include ordinary citizens who are individual entrepreneurs- but only those involved in social services.
On the responsibilities of system subjects
According to Chapters 3 and 4 No. 442-FZ, both recipients and service providers in social sphere have a number of mandatory functions. To begin with, it is worth examining the responsibilities of recipients enshrined in Article 10 of the regulatory act in question. Here's what's worth highlighting here:
- provision in government bodies all necessary documentation;
- timely notification of suppliers about changes in circumstances that determine the need for the provision of services;
- compliance with the conditions stipulated in the contract with the supplier.
According to Article 12 Federal Law No. 442-FZ, service providers have the following responsibilities:
- implementation of their professional functions in strict accordance with the law;
- implementation of social support;
- lawful use of recipient information;
- provision urgent services etc.
It is also worth noting that service providers must not restrict the rights or freedoms of people, use any kind of violence, tolerate harsh treatment, etc.
About the rights of system subjects
What are social service providers entitled to? Here it is worth paying attention to Article 11 No. 442-FZ, which states the following:
- the ability to request all necessary information from government authorities;
- the opportunity to be included in the register of suppliers - federal or regional;
- the right to refuse the service recipient or applicant if the contract was incorrectly drawn up or all necessary documentation was not provided.
Recipients of services have the right to humane and respectful treatment, to freely choose a supplier, to receive information about their responsibilities and powers in a free and accessible form, to participate in the development of individual programs, and much more.
About forms of social services
In what types and forms can the system of providing social services be expressed? Article 19 No. 442-FZ “On Social Services” refers to the provision of services at home, in stationary or semi-stationary forms.
Home service does not have a time frame, but other types of service provision must be strictly regulated by certain hours. It is also worth noting that purchasers of social services in stationary or semi-stationary forms must be provided with:
- the possibility of accompaniment when moving around the territory of service provision;
- the right of independent movement;
- the ability to receive duplication of texts with voice messages, and vice versa;
- the right to receive other types of assistance in accordance with the law.
The social services themselves can be of a social, medical, psychological, labor or other nature.
2) persons injured as a result emergency situations, armed interethnic (interethnic) conflicts.
2. Social services in the form of social services at home and in the semi-stationary form of social services are provided free of charge if, on the date of application, the average per capita income of the recipient of social services, calculated in accordance with regulatory standards legal acts Russian Federation, below limit value or equal to the maximum per capita income for the provision of social services free of charge, established by the law of the constituent entity of the Russian Federation.
3. Regulatory legal acts of the constituent entities of the Russian Federation may provide for other categories of citizens to whom social services are provided free of charge.
4. The procedure for determining the average per capita income for the provision of social services free of charge for the purposes of this Federal Law is established by the Government of the Russian Federation.
5. The size of the maximum per capita income for the provision of social services free of charge is established by the laws of the constituent entity of the Russian Federation and cannot be lower than one and a half times the subsistence minimum established in the constituent entity of the Russian Federation for the main socio-demographic groups of the population.
Judicial practice under Article 31 of the Federal Law of December 28, 2013 No. 442-FZ
Resolution No. 44G-80/2018 4G-1059/2018 of October 24, 2018 in case No. 44G-80/2018
Resolution No. 44G-79/2018 4G-1058/2018 of October 24, 2018 in case No. 44G-79/2018
Smolensky regional court(Smolensk region) - Civil and administrative
Services in accordance with the List of social services provided, which is an integral part of the contract, and the latter - to pay the fee established by the contract for the social services provided. The contract is valid until 31. 12.2017 (ld. 5-6). Clauses 2.1, 2.3 of the agreement provide that the total amount of payment paid monthly by the recipient of social services is determined based on the amount of payment...
Resolution No. 44G-81/2018 4G-1060/2018 of October 24, 2018 in case No. 44G-81/2018
Smolensk Regional Court (Smolensk region) - Civil and administrative
Services in accordance with the List of social services provided, which is an integral part of the contract, and the latter - to pay the fee established by the contract for the social services provided. The contract is valid until 31. 12.2017 (ld. 5-6). Clauses 2.1, 2.3 of the agreement provide that the total amount of payment paid monthly by the recipient of social services is determined based on the amount of payment...
Resolution of October 16, 2018 in case No. A21-365/2018
Thirteenth Arbitration Court of Appeal (13 AAC)
They can be provided free of charge, so the Foundation had no legal basis for the release of Pelykh M.A. from payment of social services. In accordance with Part 1 of Article 31 of Law No. 442-FZ, social services in the form of social services at home, semi-stationary and stationary forms of social services are provided free of charge: 1) to minor children; 2) persons injured in...
Decision No. 2-1-677/2018 2-1-677/2018~M-1-596/2018 M-1-596/2018 dated September 24, 2018 in case No. 2-1-677/2018
Mtsensky District Court (Oryol region) - Civil and administrative
NGO “Ivanovo special boarding house for the elderly and disabled” from September 20, 2010 to the present. Between the parties, from January 1, 2015 to December 31, 2017, an individual program No. was signed for the provision of social services with the subsequent conclusion of an agreement on the provision of social services for a period until December 31, 2017. Currently...
Decision No. 2-1175/2018 of September 21, 2018 in case No. 2-870/2017~M-887/2017
Leningradsky District Court ( Krasnodar region) - Civil and administrative
It is calculated on the basis of tariffs for social services, but cannot exceed 75 percent of the average per capita income of the recipient of social services, calculated in accordance with Part 4 of Article 31 of this federal law. Norms similar to the provisions of Part 4 of Article 32 of the Federal Law of December 28, 2013 No. 442-FZ are contained in Part 4 of Article 7 of the Law of Krasnodar...
Decision No. 2-2507/2018 2-2507/2018~M-2525/2018 M-2525/2018 dated September 17, 2018 in case No. 2-2507/2018
Zheleznodorozhny District Court of Khabarovsk (Khabarovsk Territory) - Civil and administrative
In the stationary form, social services are provided to their recipients for a fee or partial payment, with the exception of recipients of social services specified in parts 1 and 3 of Article 31 of this Federal Law. By virtue of Part 4 of Art. 32, part 4 art. 31 of Federal Law No. 442-FZ, the amount of the monthly fee for the provision of social services in a stationary form...
Decision No. 2-2231/2018 2-2231/2018~M-1992/2018 M-1992/2018 dated July 18, 2018 in case No. 2-2231/2018
Leninsky District Court of Omsk (Omsk Region) - Civil and administrative
Its provision in accordance with this Federal Law cannot be higher than the amount of payment for the provision of relevant social services to these persons established as of December 31, 2014, and the conditions for the provision of relevant social services cannot be worsened compared to the conditions established as of December 31, 2014. Article 19...
The law clearly defines the principles, conditions and procedure for the provision, as well as the composition and content of social services.
The grounds for recognizing citizens as needing social services are determined. This is the presence of circumstances that worsen or may worsen a person’s living conditions. For example, partial or complete loss of the ability to self-care and/or move; the presence in the family of a disabled person who needs constant care; intra-family conflicts; violence in family; homelessness of minors; lack of a specific place of residence, work and means of subsistence.
The basis for the provision of social services can be an application from both the citizen himself and his legal representative, other persons, bodies and public associations.
Particular emphasis is placed on preventing citizens from needing social services. Social support is being introduced. That is, citizens, if necessary, can be assisted in obtaining the necessary medical, psychological, pedagogical, legal, and social assistance.
The principle of providing social services based on individual need for social services is established. The latter can be provided in a hospital, semi-inpatient setting and at home. The development of an individual program for the provision of social services is provided.
In urgent cases, urgent social services can be provided (providing free food, clothing and basic necessities, assistance in obtaining temporary housing, legal and emergency psychological assistance, etc.).
According to the law, payment for social services provided in semi-stationary conditions and at home is based on a targeted approach to their recipients and depends on the level of their average per capita income. The maximum amount of payment for social services is limited. At the same time, it is stipulated that the new conditions for the provision of social services should not worsen the situation of those who are currently entitled to receive them. In particular, this should not lead to an increase in fees for services for these persons.
Free social services are provided to the following categories. In all forms - to minor children, as well as victims of emergency situations and armed international (interethnic) conflicts. At home and in a semi-stationary form, citizens whose average per capita income is below the established value can receive social services free of charge. The size of the maximum per capita income for the provision of social services free of charge will be determined regional authorities(but not less than 1.5 regional subsistence minimum).
The rights and obligations of providers and recipients of social services are prescribed, and maintenance of a register of providers and a register of recipients is provided.
Businesses will be involved in providing social services. Public control is being introduced in the field of social services.
Social services are regulated by the basics legal norms current Federal law. Additionally included other regulations of the Russian Federation, as well as the laws of local constituent entities of the Russian Federation.
Latest changes made to Law 442 “On Social Services”
The new legislation states that institutions that provide social services to citizens become service providers. However, now they do not check citizens who need service. Now this is controlled by an authorized body consisting of a commission of experts.
Changes in the law also affect the method of individual approach. For example, social support is a new element in the service system. It allows us to provide citizens with the necessary services in the following areas:
- Medical;
- Legal;
- Psychological;
- Pedagogical;
- Social assistance, if it is not related to service.
The grounds by which citizens are recognized as in need of services are also identified. Changes in the following articles of the law are discussed below:
Article 7
It supplements Part 1 of the law. To determine the assessment of the quality of services provided, special conditions in service organizations.
Article 8
It describes clause 24.1 of the law. It's about on conducting an independent assessment after services provided by social security institutions.
St. 13 442-FZ
This article has been supplemented with paragraph 2 in new edition. It talks about conducting an independent assessment of the quality of services provided by employees in the social sector. Indicators are determined by the Federal executive body.
Part 4 of the law has also been supplemented. It states that, regardless of the body that provides the service, it must provide the opportunity for written expression of opinion on the World Wide Web. People who have used the service can write a comment or review after the service has been successfully provided.
Article 15 FZ-442
Describes the criteria of the law on the basis of which a citizen is recognized as in need of social security. To recognize it as such, it is necessary to analyze the circumstances that contribute to the deterioration of normal living conditions. He must also be declared legally incompetent. A citizen cannot:
- Impossible independent movement of disabled people (more about social protection of disabled people in);
- Maintained;
- Provide yourself with life's needs.
Describes methods for creating an individual program. An individual program is a document that specifies:
- Types of services;
- Periodicity;
- Volume;
- Conditions;
- Deadlines.
The document is created based on the citizen’s needs in social services. The list of needs is reviewed once every 36 months. But only on the basis of an already created individual program. No changes were made in the latest version of the law.
A list of services that are provided urgently is listed.
In accordance with the law, the range of services is as follows:
- Necessary set of products or provision of free hot food;
- Citizens are provided with shoes, clothing or other basic necessities;
- Assistance in obtaining housing;
- Other urgent services.
No changes were made to the article in the latest edition.
St 31 442
Persons who can receive social services for free are listed. This list includes:
- Minor children;
- Persons who suffered as a result of an emergency or military (international) conflict.
To analyze the law, changes and additions, download it from the link above.
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