FZ people with disabilities. International Right of Disabled

  • Legislative support for the protection of the rights of persons with disabilities, veterans, retirees.
  • Benefits, payments, benefits, social services.
  • Public benefits to citizens who have children.
  • Maternal (family) capital.

Russian legislation

Constitution of the Russian Federation

On additional measures of state support for families with children

Federal Law of December 29, 2006 N 256-FZ "On additional measures of state support for families with children" establishes additional measures of state support for families with children in order to create conditions that ensure these families a decent life. For the purposes of this Federal Law, such concepts are used as possible measures for state support for families with children, maternal (family) capital and the state certificate for maternal (family) capital. The site has a federal law in the last edition of 11/16/2011 with comments by specialists "Consultant Plus"

On the social protection of citizens undergoing radiation due to the disaster at the Chernobyl NPP

The Law of the Russian Federation of May 15, 1991 No. 1244-1 "On the social protection of citizens who was influenced by the radiation due to the Chernobyl NPP" regulates the protection of the rights and interests of "Chernobyl residents" - persons who have directly participated in the elimination of the consequences of this catastrophe or persons, In the zone of the influence of adverse factors arising from the disaster at the Chernobyl NPP. On the site P.the current law is reduced in with changes and additions that come into force from 01.02.2012. The document contains explanations of the Specialists of the Legal Information Resource "Consultant Plus". Indexation of benefits and other payments stipulated by the Law of the Russian Federation of 15.05.1991 N 1244-1 "On the social protection of citizens who have been influenced by the radiation due to the catastrophe at the Chernobyl NPP". This material provides information on the indexation of benefits and other payments from January 1, 2005 to 2012. These benefits and payments are established by the Law of the Russian Federation of 15.05.1991 N 1244-1 "On the social protection of citizens who have been influenced by radiation due to the catastrophe at the Chernobyl NPP".

About labor pensions in the Russian Federation

Based on the Federal Law of December 17, 2001 No. 173-FZ "On labor pensions in the Russian Federation"in accordance with the Constitution of the Russian Federation and the Federal Law "On Compulsory Pension Insurance in the Russian Federation" establishes the basis of the emergence and procedure for the implementation of the right of citizens of the Russian Federation to labor pensions. The current law as amended on 03.12.2011, with changes and additions that come into force on July 01, 2012. The document contains explanations of the Specialists of the Legal Information Resource "Consultant Plus".

On state pension provision in the Russian Federation

Federal Law of the Russian Federation of December 15, 2001 No. 166-FZ "On State Pension Provision in the Russian Federation"it establishes in accordance with the Constitution of the Russian Federation, the foundation of the law retirement on the state pension provision and the procedure for its purpose. The document posted on the site contains explanations of the specialists of the legal information resource of the company "Consultant Plus".

On the procedure for providing persons with disabilities with technical means of rehabilitation and certain categories of citizens from among veterans with prostheses (except for dental prostheses), orthopedic products

Decree of the Government of the Russian Federation dated April 7, 2008 No. 240 "On the procedure for providing persons with disabilities with technical means of rehabilitation and certain categories of citizens from among veterans with prostheses (except for dentures), prosthetic and orthopedic products" regulates issues of provision of persons recognized as disabled (with the exception of persons Recognized with disabilities as a result of accidents at the production and occupational diseases), and persons under the age of 18, which establishes the category of a "disabled child" by technical means of rehabilitation, provided for by the federal list of rehabilitation activities, technical means of rehabilitation and services provided for disabled person. The site provides a document in the editorial board.Decisions of the Government of the Russian Federation of 08.04.2011 N 264, dated 16.04.2012 N 318, as well as approved by the Decree of the Government of the Russian Federation of April 7, 2008 N 240 "Rules for the provision of disabled with technical means of rehabilitation and individual categories of veterans of veterans with prostheses (except for dental Prostheses), prosthetic and orthopedic products "in the last edition of the decisions of the Government of the Russian Federation of 16.04.2012 N 318.

About the procedure and conditions of recognition of persons with disabilities

Decree of the Government of the Russian Federation of February 20, 2006 No. 95 "On the procedure and conditions of recognition of persons with disabilities" Approves the accompanying rules for recognizing persons with disabilities. The site presents the document in the last edition of 04/16/2012 No. 318. The rules for recognizing persons with disabilities are determined in accordance with the Federal Law "" The procedure and conditions for the recognition of the person with disabilities. Recognition of persons with disabilities is carried out by federal government agencies of medical and social expertise: the Federal Bureau of Medical and Social Expertise, the main bureaus of medical and social expertise, as well as the Bureau of Medico-Social Expertise in the cities and districts that are branches of the main bureaus. The site presents the document in the last editorial office of the Decisions of the Government of the Russian Federation from 16.04.2012 No. 318.

Appendix to the Rules for the Related Facial Rules (as amended by the Decree of the Government of the Russian Federation of April 7, 2008. N 247 "The list of diseases, defects, irreversible morphological changes, violations of the functions of organs and systems of the body, in which a group of disability without specifying the recovery period (category" The disabled "until a citizen of age is 18 years old) is established by citizens no later than 2 years after the initial recognition of disabled person (establishing the category" Child-Disabled ")".

On the Federal List of Social Services guaranteed by the state, provided by citizens of elderly and disabled state and municipal social services

Decree of the Government of the Russian Federation of November 25, 1995 No. 1151 "On the Federal List of Social Services guaranteed by the state, provided by citizens of elderly and disabled state and municipal social services."

In the appendix of this Resolution of the Government of the Russian Federation specified Federal list guaranteed by the state of social services includes four types of services: 1) services provided to disabled people living in stationary social service institutions; 2) services provided at home disabled people in need of assistance due to partial loss of self-service ability; 3) services provided by the departments of urgent social assistance; 4) Services provided in semi-stationary conditions, including those without a certain place of residence. D.anyny Document "actually lost strength due to the adoption of the Federal Law of 22.08.2004 N 122-FZ, which, in particular, the functions of the list of law guaranteed by the state transferred to the executive authorities of the constituent entities of the Russian Federation, taking into account the needs of the population living in the territories of the relevant territories Subjects of the Russian Federation. "

On approval of the list of sanatorium-resort institutions in which trips to sanatorium-resort treatment of citizens eligible for state social assistance are provided

Order of the Ministry of Health and Social Development of the Russian Federation of October 11, 2010 No. 873N "On approval of a list of sanatorium-resort institutions, which provide vouchers for sanatorium-resort treatment of citizens eligible for state social assistance." The spa treatment of persons with disabilities is carried out by providing sanatorium resort vouchers to sanatorium-resort organizations located in the Russian Federation and included in the relevant list approved by the Ministry of Health and Social Development of the Russian Federation.

On the procedure for medical selection and direction of patients on sanatorium-resort treatment

Order of the Ministry of Health and Social Development of the Russian Federation of November 22, 2004 No. 256 (Ed. Dated July 23, 2010) "On the procedure for medical selection and directions of patients on sanatorium-resort treatment" Approves: 1. The procedure for medical selection and direction of patients on sanatorium treatment (Appendix N 1 ). 2. Form N 070 / U-04 "Help for receiving a ticket" (Appendix N 2). 3. Form N 072 / U-04 "Sanatorium-resort card" (Appendix N 3). 4. Form N 076 / U-04 "Sanatorium-resort card for children" (Appendix N 4). 5. Instructions for filling out the form N 070 / U-04 "Help for receiving a ticket" (Appendix N 5). 6. Instructions for filling out the form N 072 / U-04 "Sanatorium-resort map" (Appendix N 6). 7. Instructions for filling out the form N 076 / U-04 "Sanatorium-resort card for children" (Appendix N 7).

On approval of the rules of extraordinary provision of medical care to certain categories of citizens under the program of state guarantees to citizens of the Russian Federation of free medical care in federal healthcare agencies

Decree of the Government of the Russian Federation of November 17, 2004 N 646 "" - a document establishing the procedure for the implementation of the right to provide extraordinary medical care.

On the list of diseases, about which children need individual classes at home and are exempt from a mass school visit

A letter of the Ministry of Press of the RSFSR of 08.07.1980 N 281st, the Ministry of Health of the RSFSR of 07/28/1980 N 17-13-186 "On the list of diseases, about which children need individual classes at home and are exempt from a mass school." In this document, a list of diseases, the presence of which gives the right to teach a disabled child at home.

About education

Law of the Russian Federation of 10.07.1992 N 3266-1 (ed. From 10.07.2012) "On Education". The right to education is one of the main and inalienable constitutional rights of citizens of the Russian Federation. Disabled, according to paragraph 7 of Art. 50, have the right to repeated free vocational education.

On approval of the procedure for receiving citizens to educational institutions of higher professional education

Order of the Ministry of Education and Science of the Russian Federation of 28.12.2011 N 2895 "On approval of the procedure for admission to citizens to educational institutions of higher professional education" regulates the reception of citizens to universities, and also determines the features of introductory tests for citizens with disabilities.

About federal head and district educational and methodological centers for people with disabilities

Order of the Ministry of Education of the Russian Federation of 24.05.2004 N 2356 "On the Federal Head and District Teaching Methodological Centers for Disabilities" Defined: 1) Federal Head Centers for Disabled Disabilities, having a hearing impairment, a musculoskeletal system, as well as disorders of development of different etiology; 2) District educational and methodological centers for the training of disabled: educational institutions of primary, secondary and higher vocational education.

On approval of the procedure for implementing a monthly cash payment to certain categories of citizens in the Russian Federation

Order of the Ministry of Health and Social Development of the Russian Federation of November 30, 2004 No. 294 "On approval of the procedure for the implementation of the monthly monetary payments to certain categories of citizens in the Russian Federation" in the last edition of December 17, 2009 (registered in the Ministry of Justice of the Russian Federation 21.12.2004 N 6216). Disabled people and disabled children have the right to a monthly monetary payment, which is established by Article 28.1 of the Federal Law "On Social Protection of Disabled in the Russian Federation".

On approval of the procedure for the implementation and form of imprisonment of medical and technical expertise to establish the need to repair or early replacement of technical means of rehabilitation, prostheses, prosthetic and orthopedic products

Order of the Ministry of Health and Social Development of the Russian Federation of 21.08.2008 N 438N "On approval of the procedure for the implementation and form of imprisonment of medical and technical expertise to establish the need for repair or early replacement of technical means of rehabilitation, prostheses, prosthetic and orthopedic products" approved the procedure for the implementation and forms of the conclusion of medical and technical expertise on establishing the need to repair or early replacement of technical means of rehabilitation, prostheses, prosthetic and orthopedic products.

On approval of the timing of use by technical means of rehabilitation, prostheses and prosthetic and orthopedic products to their replacement

Order of the Ministry of Health and Social Development of the Russian Federation of 27.12.2011 N 1666n "On approval of the timing of use by technical means of rehabilitation, prostheses and prosthetic and orthopedic products to their replacement" (registered in the Ministry of Justice of the Russian Federation 02.03.2012 N 23401) approves the timing of the use of rehabilitation, prostheses and prosthetic Orthopedic products prior to their replacement.

Adopted in 1995. Over the previous thirteen years, the act has undergone a lot of changes, the last of which received their right to action in 2016. The law on the social protection of persons with disabilities involves the regulation of the status of a disabled person, the protection of their interests, policies, providing providing this category of citizens.

General provisions

It is a regulatory act regulating the issues of establishing signs of disability, its collateral. As any other law, the considered has a certain structure, which includes total information, as well as specific aspects necessary for the realization of the interests of the corresponding category of the population.

The general provisions of the legislation on the social protection of persons with disabilities in the Russian Federation include the following:

  1. Important for applying an act of concept. Firstly, the disabled person is defined as a person having plenty of health due to diseases, injuries, defects, and unable to control their livelihoods. Secondly, a group of disability, since the assignment to one of them is important when the possibilities of persons are established. Thirdly, the concept of social protection of such citizens, which is characterized as a system of funds from the state, contributing to the replacement of missing elements of life, the production of people with disabilities for one level with healthy people.
  2. Legal basis comprising legislative acts, bills adopted by the FZ and so on. In addition, the principle of the inadmissibility of any discrimination due to the person has a disability group.
  3. Authorities dealing with disabled issues. This includes a list of authorized by the subject, their competence. Such authorities are developing laws, establish general principles and criteria for disability, international treaties conclude and so on.
  4. Responsibility. It establishes the ability to attract persons whose actions served as another person's signs of disabled. Specific sanctions are not provided, there is only a reference to such acts as criminal, civil and administrative codes.

These provisions are necessary for the correct understanding of the institution under consideration in practice.

ITU

Social protection of persons with disabilities in the Russian Federation begins with the definition of health deviations. For this, the law involves the conduct of medical and social expertise (ITU), which includes the examination of the person by the Commission of Doctors and confirm the diagnoses identified earlier.

According to Article 7, such an examination provides for a set of measures for assessing and analyzing the state of a person, after which it is concluded about the presence of disabilities. Specialists are based on individual criteria, namely: the degree of health disorder, its range, which should be within forty to one hundred percent.

Such events are held by the federal institution of 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 implementing its activities should also adopt the specified authority.

The law under consideration specifies a number of competencies imposed on such an institution:

  • identification of signs characterizing disability by the person, their causes and time of appearance;
  • study of the level of disability development;
  • the formation of programs by which is carried out;
  • establishing the severity of the disease to determine the degree of disability;
  • finding out the causes of death of a disabled person in case the provision of assistance to the family of such a person is necessary;
  • registration of the Commission's solutions and issuing relevant human status certificates.

Decisions taken by the federal structure are considered mandatory for execution. At their foundation, people with disabilities are assigned a certain group, a room is carried out in hospital institutions, if necessary, and also confirms the possibility of obtaining benefits and additional material payments.

Rehabilitation and agility

Regulations on the social protection of persons with disabilities also describe rehabilitation and abbilitation. The first option is aimed at restoring lost due to the disability of the ability to carry out household, social or other activities. The second helps to form earlier absence opportunities.

At the same time, the specified law offers specific versions of action to simplify disabled life:

  • medical events involving surgical intervention, prosthetics, orthosis, as well as treatment in sanatoriums and boarding houses;
  • professional orientation involving support for disabled education;
  • adaptation in production, assistance, if necessary, employment;
  • social and public aimed at raising the level of orientation in the pedagogical, psychological, cultural fields;
  • sports events, health physical education.

The authorized body must provide all the conditions and technical means that disabled can be used for rehabilitation or abillation.

To participate in these events, any person with disabilities is entitled, regardless of the group. For children with disabilities, the law provides for additional support measures due to their age and the need for continuous development, becoming in society.

Providing vital activity

For persons with a group of disability, it is important not only the restoration of lost abilities, but also a comfortable stay in society during the disease. Provides a comprehensive list of support measures for this category of population:

  1. Medical support. It turns out to be in accordance with regional and federal legislation and suggests a number of free events, the provision of drugs, as well as vouchers in the sanatorium.
  2. Providing conditions for disabled in society. It is to provide them with all the necessary information, the preparation of individual places for travel in transport, establishing ramps, sales of other programs.
  3. , Employment, employment. Providing housing.
  4. Material support. Finds an embodiment in the form of various preferential programs, compensation, pensions, benefits.
  5. Social benefits. Payment for fifty percent of the amount for utilities, providing telephone or other telecommunications, household appliances and so on.
  6. Monthly material

The disabled is a citizen who for certain reasons is fully or partially disabled. There are no cases when the disabled person does not want to hire or they are subject to discrimination. To protect such citizens, the state adopted the Federal Law 181 "On Social Protection of Disabled". After reading the current article, you will learn the provisions of the presented legal act.

Also, the rights of persons with disabilities are marked in the law on social services for the elderly and disabled citizens. Find out its main provisions

Federal Law 181 "On Social Protection of Disabled" accepted in 1995. From the moment of adoption, repeated changes were made, and some articles were withdrawn.

The fundamental provisions of the FZ-181 are currently:

  • The legal concept of the word "disabled" is provided;
  • The degree of disability - I, II and III of the Group are indicated and listed. Children are not assigned to children;
  • The concept of social protection of persons with disabilities is determined. The regulatory institution is obliged to improve the act, and the executive is to carry out its decisions;
  • The determination of a medical and social audit is introduced, which determines the degree of disability. It also establishes the fact that the citizen needs social assistance;
  • In FZ-181, it is indicated that discrimination on the basis of disability is invalid;
  • The law establishes the need for a government register of disabled;
  • Measures to support disabled people are indicated. These include: cash payments; Providing the necessary goods and specific services (medicines, food, rest in the sanatorium). They also have the opportunity to get free accommodation;
  • Defined labor rights of persons with disabilities. A citizen of this social group should work not more than 35 hours a week. At the same time, it is paid full wages;
  • FZ-181 introduces the definitions of the abillation and rehabilitation of a citizen of this social group;
  • Other rulings.

On a note!In the Russian Federation there is an important law with the same number dedicated to the issue of labor protection. More about the FZ on the basics of labor protection in the Russian Federation

Rights of disabled

People with disabilities are the most vulnerable group of the population. For this reason, the state has the protection of the category submitted.

As an example, imagine the list of rights of persons with disabilities 3 of the Law on the Law:

  • Receive a disability pension. To date, its size is within 7 thousand rubles, while the minimum size is from 3,625 thousand rubles., And it is calculated to take into account the employment experience;
  • Surcharge to pension, taking into account the composition of the family - 1919 rubles;
  • Reducing payment for utility services - up to 50 percent;
  • Setting a queue on improving the conditions of housing;
  • The acquisition of a land plot for construction, on preferential conditions with a 50% discount;
  • Travel with a 50% discount on 1 trip to the railway transport;
  • According to the FZ-181, it is assumed to acquire drugs and discount drugs;
  • Acquisition of vouchers in a sanatorium with a 50% discount.

Thus, the disability of 3 groups provides discounts on a number of housing and communal services, treatment, medicines, travel.

Download

To monitor and regulate the rights of citizens with disabilities, the Law "On Social Protection of Disabled" was created.

The legal acts of the Russian Federation regularly undergo changes to obtain relevant information, it is possible to change the FZ-181 with changes.

Recent changes in the Federal Law "On Disabled"

With the last editorial board of the Federal Law 181, significant changes were not made on the social protection of persons with disabilities. According to the amendments, citizens with disabilities receive an opportunity for priority repair of the technical means in which they need (prostheses, wheelchairs).

Article 11.

In art. 11 of the Federal Law 181 indicates information on the individual program of rehabilitation or abillation of a citizen with limited abilities. Information on rehabilitation procedures for a citizen with disabilities is presented. About their views, volumes and timing.

Changes The current article of the law has not been underwent.

Article 15.

In art. 15 FZ-181 indicates the need to ensure unhindered access for a person who has a disability, social, engineering and transport infrastructure facilities. In the last revision of the law, this article has not changed.

Article 17.

In art. 17 FZ-181 describes the process of providing disabled personnel. The legal status says that such citizens and families who have children with disabilities that need to improve housing conditions are entitled to register. As a result, they will be provided with the necessary residential premises, which meets the norms of Russian legislation.

In the last revision of the Law 17, the article was not changed.

Article 23.

In art. 23 of the Federal Law 181 describes the required working conditions for persons with a certain degree of disability. It says that any organization in which a person works with disabilities should create the conditions necessary for it. It is also noted that the duration of working time for the disabled days of the first and second group should not exceed 35 hours per week. In this case, wages remain in full.

Article 23 of the FZ-181 has not changed under the last revision of the law.

Article 28.

28 Article of the Federal Law describes the process of social and domestic service person with disabilities. It states that citizens with disabilities that need care and help are provided with medical and household care at home or in special organizations.

In the last editing, the current article of the law has not been changed.

Federal Law of 24.11.1995 N 181-FZ
"On the social protection of persons with disabilities in the Russian Federation"

In the current last editor, from 07/18/2019 N 184-FZ
Editorial note N 53.
Start of action Editor's: 07/18/2019
End of the revision: 12/31/2019
38 pages A4.

Real Federal Law "On the social protection of persons with disabilities in the Russian Federation" determines the state policy in the field of social protection of persons with disabilities in the Russian Federation, the purpose of which is to disabled with other citizens of opportunities in the implementation of civil, economic, political and other rights and freedoms provided for by the Constitution of the Russian Federation as well as accordance with the generally accepted principles and norms of international law and international treaties of the Russian Federation. The measures stipulated by this Federal Law are the consumables of the Russian Federation, with the exception of social support and social service measures relating to the powers of the state-ownership of the subjects of the Russian Federation in accordance with the legislation of the Russian Federation.

Disabled person - a person who has a violation of health with persistent Disorder of the functions of the body, due to diseases, consequences of injuries or defects, leading to the restriction of vital activity and the necessity of its social protection. Limiting vital activity is a complete or partial loss of the face of the ability or the ability to carry out self-service, to move independently, orientate, communicate, control your behavior, learn and engage in labor activity.

Depending on the degree of disorder The functions of the body and the limitations of the livelihoods of persons recognized as disabled, a group of disability is established, and the category of "disabled" category is established by persons under the age of 18 years.

Recognition of persons with disabilities is carried out Federal institution of medical and social expertise. The procedure and conditions for recognizing persons with disabilities are established by the Government of the Russian Federation.

  • Chapter I. General
  • Chapter II. Medical and social expertise
  • Chapter III. Rehabilitation of disabled
  • Chapter IV. Providing vital activity of disabled
  • Chapter V. Public Associations Disabled
  • Chapter VI. Final provisions

Available content:

  • Article 1. The concept of "disabled", the basis of the definition of a group of disability
  • Article 2. The concept of social protection of persons with disabilities
  • Article 3. Legislation of the Russian Federation on social protection of persons with disabilities
  • Article 3.1. Inadmissibility of discrimination on the basis of disability
  • Article 4. Competence of federal state bodies in the field of social protection of persons with disabilities
  • Article 5. Participation of state authorities of constituent entities of the Russian Federation in ensuring social protection and social support for disabled
  • Article 5.1. Federal register of disabled
  • Article 6. Responsibility for harm to the health who led to disability
  • Article 7. The concept of medical and social expertise
  • Article 8. Federal institutions of medical and social expertise
  • Article 9. The concept of rehabilitation and agility of persons with disabilities
  • Article 10. The federal list of rehabilitation activities, technical means of rehabilitation and services provided to disabled
  • Article 11. Individual program of rehabilitation or anticipation of a disabled person
  • Article 11.1. Technical means of rehabilitation of persons with disabilities
  • Article 12. Lose strength
  • Article 13. Medical assistance disabled
  • Article 14. Ensuring unobstructed access of persons with disabilities to information
  • Article 14.1. Participation of persons with disabilities in the implementation of operations using facsimile reproduction of his own signature
  • Article 15. Ensuring unobstructed access of persons with disabilities to the facilities of social, engineering and transport infrastructure
  • Article 16. Responsibility for evading the fulfillment of the requirements for the creation of conditions for unhindered access of persons with disabilities to the objects of social, engineering and transport infrastructures
  • Article 17. Ensuring disabled housing
  • Article 18. Lose strength
  • Article 19. Education of persons with disabilities
  • Article 20. Ensuring Disabled Employment
  • Article 21. Establishing a quota for receiving disabled
  • Article 22. Special jobs for employment of persons with disabilities
  • Article 23. Working conditions of disabled
  • Article 24. Rights, obligations and responsibilities of employers in providing employment of persons with disabilities
  • Articles 25 - 26. We have lost strength
  • Article 27. Material provision of disabled
  • Article 28. Socio-household service of persons with disabilities
  • Article 28.1. Monthly cash payment to persons with disabilities
  • Article 28.2. Providing measures of social support for disabled people to pay for residential premises and utilities, as well as to provide housing for people with disabilities and families with disabled children
  • Articles 29 - 30. We have lost strength
  • Article 31. The procedure for preserving social protection measures established by disabled
  • Article 32. Responsibility for violation of the rights of persons with disabilities. Consideration of disputes
  • Article 33. The right of persons with disabilities to create public associations
  • Article 34. Lost power
  • Article 35. Entry into force of this Federal Law
  • Article 36. The action of laws and other regulatory legal acts

Social protection of persons with disabilities - a system of guaranteed by the state economic, legal measures and social support measures, providing disabled conditions for overcoming, substitution (compensation) of life restrictions and aimed at creating them equal with other citizens participation opportunities in society. Social support for persons with disabilities is a system of measures that provides social guarantees with disabilities established by laws and other regulatory legal acts, with the exception of pension provision.

For causing harm to the health of citizens who led to disabilityThe persons guilty of this is carried by material, civil law, administrative and criminal liability in accordance with the legislation of the Russian Federation.

Medical and Social Examination (ITU) - Definition in the prescribed manner of the needs of the surveyed person in social protection measures, including rehabilitation, based on the assessment of the livelihood constraints caused by a resistant disorder of the body functions. ITU is carried out on the comprehensive assessment of the body's condition based on the analysis of clinical and functional, social and domestic, professional labor, psychological data of a surveyed person using classifications and criteria developed and approved in the manner determined by the Russian government of the Russian Federation by the federal executive authority.

Rehabilitation of disabled - The system and the process of complete or partial restoration of the abilities of persons with disabilities to household, social and professional activities. The rehabilitation of persons with disabilities is aimed at eliminating or possibly compensated for the restrictions on the vital activity caused by a violation of health with a resistant disorder of the body functions, in order to social adaptation of persons with disabilities, achieve material independence and their integration into society.

The main directions of rehabilitation Disabled people include:

  • recovery medical events, reconstructive surgery, prosthetics and orthosis, spa treatment;
  • professional orientation, training and education, facilitation in employment, production adaptation;
  • socio-Medical, socio-pedagogical, social and psychological and socio-cultural rehabilitation, social and domestic adaptation;
  • physical and health events, sports.

The state guarantees disabled Rehabilitation activities, obtaining technical means and services provided for by the federal list of rehabilitation activities, technical means of rehabilitation and services provided by the disabled by the federal budget. The federal list of rehabilitation activities, technical means of rehabilitation and services provided by the disabled person is approved by the Government of the Russian Federation.

Individual rehabilitation program for disabled It is mandatory for the fulfillment by the relevant state authorities, local governments, as well as organizations regardless of organizational and legal forms and forms of ownership. The individual program of rehabilitation of a disabled person contains both rehabilitation activities provided for the disabled person with exemption from the board in accordance with the federal list of rehabilitation activities, the technical means of rehabilitation and services provided to disabled people and rehabilitation activities, which are received by the disabled person or other individuals or organizations independently from organizational and legal forms and forms of ownership.

To the technical means of rehabilitation of persons with disabilities Applications containing technical solutions include special, used to compensate or eliminate persistent livelihood restrictions.

Decision on the provision of disabled technical Rehabilitation by means of establishing medical testimony and contraindications. Medical indications and contraindications are established on the basis of the assessment of persistent disorders of the functions of the body due to diseases, consequences of injuries and defects. Medical indications and contraindications establish the need to provide a disabled technical means of rehabilitation, which ensure compensation or eliminating persistent disabled life limitations. Financing expenditure obligations to ensure disabled 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 Social Insurance Fund of the Russian Federation.

Annual cash compensation for disabled Conducts for maintenance and veterinary service of dogs - conductors is set in size 17 420 rubles .

Rendering qualified medical care Disabled people are 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 of Citizens of Fresh Medicity. The state guarantees invalid the right to receive the necessary information. The Russian sign language is recognized as the language of communication in the presence of hearing impairment and (or) speech, including in the areas of oral use of the state language of the Russian Federation. A system of subtituration or a survival of television programs, cinema and video films is introduced.

When implementing a credit institution of operations According to the receipt, issuance, revenge, cash exchange, either when implementing a legal entity that is not a credit institution, or an individual entrepreneur for receiving operations, the issuance of cash disabled persons is entitled to use with participation in the implementation of the specified operations facsimile reproduction of its own signature Machined with a mechanical copying.

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

On each parking lot (stop) of motor vehicles, including near trade enterprises, services, medical, sports and cultural and entertainment institutions, stand out at least 10 percent of places (but at least one place) for parking lots of special vehicles of persons with disabilities, which should not occupy other vehicles. Disabled people enjoy parking lots of special vehicles is free .

Disabled families and families with disabled childrenCompensation of costs for paying residential premises and utility services in the amount of 50 percent is provided. The state supports education to disabled education and guarantees the creation of disabled conditions for its preparation. Disabled guarantees of employment. Disabled people employed in organizations regardless of organizational and legal forms and forms of ownership, the necessary working conditions are created in accordance with the individual disabled rehabilitation program.

Monthly cash payment to persons with disabilities It is established and paid by the territorial body of the Pension Fund of the Russian Federation. The size of the monthly cash payment is subject to indexation once a year from April 1 of the current year based on the federal law on the federal budget for the relevant financial year and on the planned period of the forecast level of inflation. Monthly cash payment to persons with disabilities is set in size:

  • 1) disabled I group - 2,162 rubles;
  • 2) disabled groups of group II, disabled children - 1,544 rubles;
  • 3) Disabled groups of group III - 1 236 rubles.

Citizens and officials perpetrators In violation of the rights and freedoms of persons with disabilities, they are responsible in accordance with the legislation of the Russian Federation.

The legislation of the Russian Federation on the social protection of persons with disabilities.

Social work with persons having disability should be carried out on the basis of and taking into account the regulatory framework of the World Community documents, legislative acts of the Inter-Parliamentary Assembly of the CIS member states, laws and subtitle acts of the Russian Federation.

The fundamental documents of the global community include the World Declaration of Human Rights (1948), the Declaration on the Rights of Disabled Persons (1971).

Article 1 Declaration of Human Rights Person: "All people are born free and equal in their dignity and rights. They are endowed with mind and conscience and must come to each other in the spirit of Brotherhood. "

The concept of disabled, restriction of vital activity, social protection of persons with disabilities.

According to the Convention on the Rights of Persons with Disabilities: "There are persons with disabilities with persons with sustainable physical, mental, intellectual or sensory disorders, which, when interacting with various barriers, may interfere with their full and effective participation in the society of society with others."

The legislation of the Russian Federation on the social protection of persons with disabilities consists of the relevant provisions of the Constitutionarus Russian Federation, the Federal Law "On the Social Protection of Disabled Persons in the Russian Federation", 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 the International Agreement (Agreement) of the Russian Federation has established other rules than those provided for by this Federal Law, the rules of the International Treaty (Agreement) apply.

In the federal law N 181-FZ "On the social protection of persons with disabilities in the Russian Federation" it is said that "a disabled person who has a violation of health with a resistant disorder of the body functions, due to diseases, the consequences of injuries or defects, leading to the restriction of life and the necessity of its social protection. "

In the same law, under the restriction of life, the "full or partial loss of the face of the ability or the ability to carry out self-service, to move independently, orientate, communicate, control their behavior, learn and engage in labor activity."

In this connection, the state is obliged to provide invalid social protection and support.

Social protection of persons with disabilities - a system guaranteed by the state economic, legal measures and social support measures, providing disabled conditions for overcoming, substitution (compensation) restrictions on life and aimed at creating them equal with other citizens opportunities for participation in society.

Social support for persons with disabilities is a system of measures that provides social guarantees to persons with disabilities, established by laws and other regulatory legal acts, with the exception of pension provision (Article 2).

The main criteria for the developed policy of states regarding persons with disabilities

The main criteria for the developed policy of states regarding people with disabilities are:

· The presence of an officially recognized policy regarding persons with disabilities;

· The presence of special anti-discrimination legislation on persons with disabilities; judicial and administrative mechanisms for the realization of the rights of persons with disabilities;

· The presence of non-governmental organizations of persons with disabilities;

access of persons with disabilities to the realization of civil rights, including the right to work, for education, to the creation of a family, to the inviolability of private life and property, as well as political rights, the availability of a barrier-free physical and social environment.

The realization of the rights of people with disabilities implies availability:

legislative framework and institutional base in the field of disability issues;

the possibilities of defending their rights both in large cities and in small, today to argue about the equankuability to the system of judicial and administrative responsibility is impossible;

The main rights that should be guaranteed to disabled and on the basis of which the degree of compliance of the national policy policy is determined by international standards, are the rights to education and work, marriage, to parenthood, the right to appeal to court, the right to privacy and property, and Also political rights.

Today's Russian legislative acts regarding concerns and assistance to people with disabilities in content are approaching the laws and principles accepted throughout the world. And although people with disabilities, as well as their families, are still encountered on barriers to mutual understanding and communication with other people, much suggests that in general the social attitude to disabled people gradually changes, having passed the way from the inattention and rejection before adopting and recognizing Their rights, dignity and full participation in the life of society. Adoption on July 20, 1995 by the State Duma of the Law "On Social Protection of Disabled in Russia", the development of the draft law of the Russian Federation "On Special Education", the creation of rehabilitation centers - all this indicates a changing social policy.

Social service of disabled

Social service includes a combination of social services (care, organization of nutrition, assistance in obtaining medical, legal, socially psychological and natural types of assistance, help in vocational training, employment, leisure activities, assistance in organizing ritual services and others) that are provided Citizens from the number of persons with disabilities at home or in social service institutions, regardless of the forms of ownership.

Disabled people in need of permanent or temporary assistance in connection with partial or complete loss of the opportunity to independently meet their basic vital needs, have the right to social services carried out in the state, municipal and non-state sectors of the social service system. Social service of elderly citizens and persons with disabilities is carried out by decision of the social protection bodies in the institutions subordinate to them or under contracts concluded by social protection authorities with social service agencies of other forms of ownership.

The current legislation provides for a list of social services, the provision of which is free.

1. Disabled people with relatives who cannot provide assistance and care for objective reasons (provided that the size of the pension received by these citizens, including taking into account the allowances, is below the subsistence minimum established for our region);

2. Disabled people living in families, the average income of which is lower than the subsistence minimum established for the region.

On the terms of incomplete payment, the service from the base list approved by the Decree of the Government of the Russian Federation is:

Disabled people receiving a pension (including taking into account the allowances, in the amount of from 100 to 150 percent of the subsistence minimum established for the region);

Disabled people with relatives who cannot for objective reasons to provide them with assistance and care (provided that the size of the pensions received by these citizens, including allowance, is from 100 to 150 percent of the subsistence minimum established for this region);

Disabled people living in families whose secondary income ranges from 100 to 150 percent of the subsistence minimum established for the region.

If the disabled lives in the family, where the average income on a 150 percent family earnings exceeds the emerging minimum established for the region. Payment is also produced if the disabled person has been rendered to services that are not included in the base list. The procedure and conditions for social services in the State and Municipal Social Services sectors are determined by the Government of the Russian Federation. Tariffs for social services provided by state and municipal social services are determined by the social protection authorities of the region's population.

The provision of social services can be carried out at home, when placed in a special institution (hospital), which carries out permanent care for persons in it, as well as in the form of semi-stationary services.

Social services are available at home:

Catering, including the delivery of products to the house;

Assistance in acquiring medications, food and industrial goods of essential;

Assistance in obtaining medical care, including accompaniment to medical institutions;

Maintaining living conditions in accordance with hygienic requirements;

Assistance in organizing legal aid and other legal services;

Assistance in organizing ritual services;

Other home-based social services.

Social service at home is carried out by the relevant offices created in municipal social services centers or under social protection bodies. Socio-medical care at home is carried out in relation to those in need of commemorative social services of persons with disabilities suffering from mental disorders (in the remission stage), tuberculosis (with the exception of the active form), severe diseases (including oncological) in the later stages. Socio-medical care at home is carried out by specialized departments created in municipal social services centers or under social protection bodies.

Semi-stationary social services include socially domestic, medical and cultural services of persons with disabilities, the organization of their nutrition, recreation, ensuring their participation in the accurate work and maintaining an active lifestyle. Such service is provided by persons with disabilities in need, which preserved the ability to self-service and active movement that does not have medical contraindications to social service enrollment. The decision on enrollment for semi-stationary social services is made by the head of the institution of social services on the basis of a personal written statement by a citizen of an elderly or disabled and certificate of health care institutions about his state of health.

Semi-stationary social services are carried out by the separations of daytime (night) stays created in municipal social services centers or under social protection authorities.

Inpatient social services are aimed at providing versatile social and household assistance to persons with disabilities, partially or fully invalid the ability to self-service and need health in constant care and observation. Stationary social services include measures to create for people with disabilities, the most convenient and comfortable age and health condition, as well as providing them with medical and other assistance aimed at achieving such a state, organizing their rest and leisure. Inpatient social services of disabled people are carried out in households specially equipped in accordance with their age, health and social status. A disabled person who has chosen accommodation in such an institution does not deprive the opportunity to lead a convenient and familiar life for him. It has the right to use telephone connection and postal services for a fee in accordance with the current tariffs, meet relatives, friends almost at any time. Spouses from among those living in the home board are entitled to demand the provision of an isolated residential premises for joint residence.

As a special type of services for the disabled, in order to provide them with emergency assistance, the so-called urgent social service is carried out. Urgent social service includes the following social services from among the social services guaranteed by the Federal List:

One-time saving insecting free hot nutrition or product sets;

Providing clothing, shoes and other essentials;

One-time provision of material assistance;

Assistance in obtaining temporary residential premises;

Organization of legal assistance in order to protect the rights of served persons;

Organization of emergency medical and psychological assistance with attracting psychologists and clergy for this work and allocating additional phone numbers for these purposes;

Other urgent social services.

Urgent social services are carried out by municipal social services centers or departments created for these purposes under social protection authorities.

The set of measures related to social services of the population is also included by the rules of law that are not distributed not only on persons with disabilities, but on all citizens. In particular, this concerns the maintenance of the population in stores, atelier, household houses and other organizations of this kind. True, in these cases, legislation focuses persons involved in providing such services to a special attitude to citizens who are disabled. Thus, people with disabilities I and II should be serviced out of turn at trade, catering, residential service, communications, and housing and communal services, in health care institutions, education, culture, in legal services and other organizations serving the population. Disabled people enjoy the right of extraordinary reception by leaders and other officials of enterprises, institutions and organizations.

Monitoring the activities of social services at the level of social services in the field of social services in the field of social services are carried out by social protection authorities, health authorities and education authorities within their competence, as well as ministries, other federal executive authorities, state enterprises, institutions and organizations. having in their subordination institution of social services. Control over social services at the city level, district is carried out by municipal social protection authorities, health authorities and education authorities, as well as social service management bodies of the Russian Federation and social service management bodies. (Federal Law "On Social Protection of Disabled in the Russian Federation", Art. 32, as well as the Federal Law "On Social Services of Citizens of Elderly and Disabled" (Art. Art. 37, 38)

Monitoring the activities of social services by private organizations in social services are carried out by state, municipal social protection authorities, health authorities and education authorities within their competence.

In identifying cases of violation of the rights of persons with disabilities in the field of social services stipulated by laws, state standards of the quality of social services, the social protection authorities that issued a license for social services in the field of social services, has the right to suspend its action. The question of the final termination of such activities is solved by the founders or owners of social service institutions or in court.

The organization of public control over social services activities is carried out by public associations involved in their constituent documents to protect the interests of elderly and disabled citizens.

Control over the timely realization of the rights and interests of persons with disabilities is carried out by the bodies of the prosecutor's office and the court.

Supervision of the execution of legislative acts providing additional rights and benefits to persons with disabilities is carried out by the Prosecutor General of the Russian Federation and the prosecutors subordinate to him. Prosecutor's Office are a rapid response tool on various kinds of violations and timely elimination of any violations. However, they do not have the possibility of enforcing decisions made by them, except in cases where the violation of the rights of persons with disabilities is connected simultaneously with violation of criminal and administrative legislation. Nevertheless, due to the Decipline Decipline Measures in the State Service, the prosecution authorities have the right to apply to the president with the requirement of the application of recovery measures, up to liberation from office, to officials evading the implementation of federal laws, presidential decrees and other regulatory acts.

Only judicial authorities have such an opportunity. Actions or inaction of state bodies, enterprises, institutions and organizations, regardless of the forms of ownership, as well as officials, entailed violations of the rights of persons with disabilities, can be appealed to the court. Appeal The court in this case is issued as a complaint, reimbursement of expenses related to non-performance of laws, can be carried out by the court directly when considering this complaint. In addition, in case of detection during the trial that the actions of the official fall under the conditions provided for by other legislative acts, the judge may make decisions on the possibility of bringing it to criminal or administrative responsibility, as well as to indicate the person who has applied to the protection of its rights to attract An allowed impaired person to civil liability.

The current legislation currently does not pose structures frozen. Both at the level of the Federation and at the level of our region, targeted programs aimed at protecting persons with disabilities (as the categories of citizens are currently particularly in need of social support of the state). Supporting disabled will be carried out not only in the form of targeted cash payments and targeted provision of any benefits of a property nature, but also the creation for disabled social infrastructure, convenient to accommodate (equipment of residential buildings by means, convenient for disabled disabilities, i.e. special access tracks, lifts; creation of rehabilitation complexes equipped with special sports equipment, pools; adaptation of the means of individual, urban and intercity public passenger public transport, communications and informatics; expansion of the production of auxiliary technical means and household equipment). Provision in modern conditions of employment of persons with disabilities should be carried out by creating a larger number of jobs specifically equipped for labor activities with disabilities, an increase in the share of job quotation at the enterprise intended for the employment of persons with disabilities. Further improvement will occur in the social protection system.

Benefits Disabled in education

Persons with disabilities 1 and 2 groups when entering the secondary professional and higher professional state or municipal educational institution are entitled to an extraction enrollment in the event of a successful commissioning of entrance exams, if such training is not contraindicated with medical conclusion. Citizens from the number of persons with disabilities, studying in the middle or higher professional state or municipal educational institution, should be accrued to scholarship. The need of such persons in additional support should also be taken into account by the trade union committee of students in the allocation of material and other assistance to students from among students.

For disabled people in need of special conditions for obtaining vocational education, special professional educational institutions of various types and species or relevant conditions in professional educational institutions of general type are created. Professional training and professional education of persons with disabilities in special professional educational institutions for disabled people are carried out in accordance with government educational standards based on educational programs adapted to educate persons with disabilities (Article 19 of the Federal Law "On the Social Protection of Disabled in the Russian Federation").

According to the Federal Law "On Education in the Russian Federation" authorities of the state of the constituent entities of the Russian Federation ensure that professional learning students with disabilities (with various forms of mental retardation) that have no basic general or secondary general education, as well as provide free learning people with disabilities Upon receipt of education for free, special textbooks and textbooks, other educational literature, as well as services of survival and typhospur (except for students at the expense of budget allocations of the federal budget);

Benefits when compensating for spending on sanatorium-resort service of disabled

Free provision of trips to sanatorium-resort treatment and at home is carried out by social protection authorities against non-working persons with disabilities (instructions on the procedure for accounting, storing and issuing sanatorium-resort vouchers and vouchers in the holiday home in social security bodies). Vouchers for sanatorium-resort treatment are provided in accordance with the conclusion of a medical institution.

In addition, citizens, for the first time, recognized persons with disabilities I group and having appropriate medical testimony, vouchers for sanatorium-resort treatment are available for free at least once during the first three years after the establishment of disability. And also they have the right to purchase a ticket to the place of treatment and back with a 50 percent discount. Persons recognized by persons with disabilities of the I Groups I have entered into force of the President of the Russian Federation of October 2, 1992. From January 1, 1997, providing sanatorium-resort treatment with disabilities is made according to the following rules. Persons with disabilities enjoy the right to spa treatment in accordance with the individual program of rehabilitation of the disabled person on preferential terms. In disabilities of the I group, the right to receive the second trips under the same conditions for the accompanying person. Disabled persons with disabilities, including those who are in stationary social service institutions, spa vouchers are issued free of charge authorities of social protection. Working disabled are provided by sanatorium resort vouchers at the place of work on preferential terms at the expense of social insurance.

Benefits when acquiring drugs

According to the decree of the Government of the Russian Federation dated July 30, 1994 N 890 "On state support for the development of the medical industry and improving the population and health care facilities with medicines and medical products" Privileges in the provision of medicinal drugs for doctors are disabled 1 groups and non-working people with disabilities 2 Groups. This benefit is free. For free, invalid may also be provided with the right to acquire dressings and individual medical products, but only if there is an ITU bureau on the need to use these means. Working disabled people 2 groups and disabled groups of 3 groups recognized in the established order of unemployed are entitled to acquire individual medicines and medical products with a 50 percent discount on recipes.

Benefits of persons with disabilities when using public transport

Disabled people also enjoy benefits when driving on some types of transport. Free travel on all types of urban transport (with the exception of a taxi) and on the automotive transport of common use (with the exception of a taxi) in rural areas within the administrative district at the place of residence are provided with disabilities 1 and 2 groups of vision, which does not have two limbs or with paralysis of two limbs. This benefit of these categories of persons with disabilities was provided by allied legislation.

Disableds are provided with a 50 percent discount from the cost of travel on long-distance lines of air, rail, river and road transport from October 1 to May 15 and once (passing there and back) at another time of the year. In disabilities I and II groups are provided with the right of free travel once a year to the place of treatment and back, if the legislation of the Russian Federation has no more preferential conditions. These benefits apply to a person accompanying the persons with disabilities I group.

Benefits with disabilities in providing vehicles and compensation for expenses related to their operation

Transportation in the field of vehicles with disabilities with relevant medical testimony (conclusion of the ITU Bureau) is provided in the form of providing them with special automobiles, reimbursement of expenses for major repairs of special vehicles (except for cars), receiving special chairs, combustion, compensation for fuel, repair and maintenance of special vehicles. (Resolution of the Council of Ministers of the USSR of April 4, 1983 "On the provision of disabled people from the number of workers, employees and collective farmers, as well as disabled since childhood." Some decisions of the Council of Ministers of the RSFSR on the provision of disabled people with special vehicles ". Also, the Decree of the Government of the Russian Federation of May 28, 1992" On measures for the social protection of persons with disabilities in need of special vehicles (as amended on June 26, 1995)).

Decree of the Government of the Russian Federation dated March 14, 1995 N 244 "On the change in the brand of a car intended for issuing disabled for free" decided to provide persons with disabilities with the right-handed legislation the right to receive a car, instead of a brand "Zaporozhets" (in connection With the termination of its release) of the "Oka" and "Tavria" brand, issued for a period of seven years.

Cars "Tavriy" or "Oka" with manual control and motorcycle are provided free of charge for the WGO's disabilities in need, with disabilities equivalent to them, as well as other people with sugar personnel in the presence of medical testimony.

The remaining disabled if they have established medical testimony to provide special vehicles and the absence of contraindications that impede admission to the management of them, have the right to receive a motocoles for free for a five-year service life. The list of medical testimony of persons with disabilities, eligible for the free receipt of motocoles, approved by the USSR Ministry of Health of August 11, 1970.

Getting a car with manual control have the right, in addition to the above categories of persons, disabled people who have received labor injury or caregings, at the expense of the employer's funds. If the disabled person still wants to buy a car, but has the right only for free receipt of motocoles, it can purchase such a car at his own expense with a credit of the motorcycle.

The permission for the purchase (obtaining) of the car or motorcycle is issued by the Committee on Social Protection of the Population of the Perm Region at the place of permanent residence of persons with disabilities if they have relevant medical testimony (they are determined by the ITU Bureau), as well as the submission of certificates of certificates for the right of driving a car (motocoles) and personal statements.

Training of disabled people eligible for free receiving a car and motorcycle, driving on these modes of transport is free (instructions on the procedure for issuing, replacing and selling the car "Zaporozhets"). If the disabled person has the right to receive a motocoleskaya, bought a car, then the cost of training his driving on the car decreases in the amount provided for for payment of driving driving motocoles. Cars (motocoles) previously received by disabled are free, returned to social security bodies, and acquired for the fee (including a discount to their cost) return to the social protection authorities are not subject to. After the death of the disabled person, the car (motocoles) received them is returned to the social protection authorities. The car (motocolesk) acquired by disabled fee (including discount to its value), is inherited in the manner prescribed by law.

When purchasing people with disabilities with the right to receive the car "Tavria" or "Oka" for free, cars of other brands of social protection authorities pay the costs of acquiring trade organizations in the amount of free (market) prices for the car "Zaporozhets" or " "With manual control of the corresponding modification. The difference in the cost of a disabled person should be paid at its own expense.

The "Zaporozhets" or "Oka" car issues a disabled person for seven years without the right to overhaul. After this time, the car must be replaced. Overhaul of the Motoroklaski is produced once every five years at the actual value, but not more than 50% of the cost of motocoles at the time of repair of disabilities of general disease and other reasons, as well as childhood disabled on the terms defined by the Decree of the Government of the Russian Federation N 156 of 22.02.93. On the change and recognition of some decisions of the Council of Ministers of the RSFSR on the issues of disabled people with special vehicles. "

All categories of disabled in the presence of an ITU bureau are provided free of charge and wheelchair on the conditions defined by the instructions "on the procedure for providing prosthetic and orthopedic products, means of movement and means facilitating the life of disabled", approved by the Order of the MSO RSFSR of 15.02.91. N 35.

The amount of funds for operating costs and transport services (which includes gasoline costs, repair and maintenance) of persons with disabilities that have received free in the prescribed manner of the car and motorcycle, as well as acquired other vehicles with a testament provided for free, are established by the constituent entities of the Russian Federation ( Decree of the Government of the Russian Federation of August 3, 1992 "On compensation for disabled costs related to the operation of vehicles and transport services 9 as amended on July 10, 1995). However, the amount of compensation was established below which the authorities of the Russian Federation are not entitled to pay . In addition, a person from the number of persons with disabilities with the right to receive a car, but not received by him, have the right to monetary compensation instead of obtaining a car.

Avtomotransport means of disabled people are serviced at maintenance stations and in the auto center for priority. On each parking lot (stop) of motor vehicles, including near trade enterprises, services, medical, sports and cultural institutions, is allocated at least 10 percent of places (but at least one place) for parking special vehicles of disabled people who are not Must occupy other vehicles. Disabled people use special vehicle parking places for free. Disabled people with the right to purchase motocoles, but bought the car, the above compensation are made in the sizes installed for owners of motocoles.

It should be noted that obtaining an additional conclusion of the ITU Bureau with disabilities that have acquired free special vehicles to obtain compensation for operating costs, as well as transport services, is not required.

Civil and family law

Civil law, unlike other branches of law, less focused on providing benefits to disabled. But there we can discover some features of regulating relations related to people in need of additional social support. Inheritance, such persons have the right to a mandatory share in the inheritance of at least two thirds of the share, which would be due to them inheritance by law (articles 532, 535 of the RSFSR). Such people include disabled and minor children, as well as disabled spouse, parents (adopters) and dependents of the deceased. This rule is valid if the testator amounted to all his own property, without specifying in it for one reason or another the reasons for these citizens. If the testament was not compiled at all, then these citizens inherit the property of the deceased in equal shares with all other persons designed to inheritance. You need to remember some rules when handling inheritance in order to avoid unnecessary and troublesome difficulties arising from non-compliance with these rules. The appeal to the inheritance should follow after the death of the face to the notary at the place of permanent residence of the testator, and if it is unknown, then at the place of finding property or its main part. Do not despair if the died in the last years of life lived in a place, which for one or another today for you is the same inaccessible as Everest. You just need to try to negotiate with someone from the familiar deceased who lived with him, about drawing up a power of attorney and send them to make a certificate of inheritance in your name. All this needs to be done within six months after the death of the testator, otherwise you will have to restore the missed time through the court and require the recognition of you the right to inheritance.

In the family law, the right to alimony has a disabled needy spouse, including the disabled person, from another spouse both during the period in the marriage relationship, and in the event of a marriage termination, if disability occurred during the period of marriage relations or within a year after their termination ( Articles 89, 90 of the Family Code). The size of the alimony is determined by coordination between the spouses or through the court in a solid size (which, however, can change in the event of a change in the size of the minimum wage). It should be remembered that the payment of alimony in these cases is made in the presence of two conditions: the disability of the spouse (here is the disabled 1, 2 and 3 groups), and the need that is determined on the basis of the subsistence minimum determined by the territory on which a citizen who applied for appointing alimony.

Labor legislation

Providing benefits when implementing a disabled person to work to ensure the possibility of a disabled person to get a job and conditions to carry out such activities without further worsening his health (Article 23 of the Federal Law "On the Social Protection of Disabled in the Russian Federation" regulates the working conditions of persons with disabilities, and Article 25 of the same The law is the conditions for recognition of the disabled person unemployed).

Disabled people employed in organizations regardless of organizational and legal forms and forms of ownership, the necessary working conditions are created in accordance with the individual disabled rehabilitation program. It is not allowed to establish in collective or individual labor contracts for the working conditions of disabled (wages, work time and recreation time, the duration of annual and additional paid leaves and others), worsening the position of persons with disabilities compared to other employees.

For disabled I and II groups, there is an abbreviated duration of working time (no more than 35 hours per week) while maintaining full wages. Invalids are provided with an annual vacation of at least 30 calendar days at the rate of the six-day working week. Disabled people can be attracted to overtime work, work on weekends and night time only with their consent and provided that such work is not prohibited by medical recommendations.

To facilitate the device to work for disabled, the Ministry of Labor developed a special list of professions, the mastering of which makes it possible to disabled people to be competitive in the labor market. In addition, the state authorities of the region should be established quota to allocate enterprises of the area of \u200b\u200bworkplaces for disabled, as well as the creation of specially equipped labor places. The law should be established tax benefits for those enterprises where people with disabilities are working, as well as for those who carry out specially equipped jobs.

Currently, the employment service authorities are registered with disabilities as unemployed. The unemployed is recognized as an invalid who has a labor recommendation, the conclusion of the recommended nature and working conditions, which is issued in the prescribed manner, which has no work registered in the employment service body in order to find suitable work and ready to start it. A suitable job is recognized for such a citizen, which is indicated in the conclusion and corresponds to its individual rehabilitation program. To make a decision on the recognition of a disabled unemployed, it submits to the employment service authority (along with the employment record, a personality document, a certificate from the last place of work on earnings over the past three months, a document certifying professional qualifications) an individual disabled rehabilitation program. However, before developing a medical and social examination of the individual program of rehabilitation of a disabled person, the decision to recognize the unemployed citizens who have lost the ability to regularly professional labor can be taken without the presentation of the individual disabled rehabilitation program.

Housing legislation

The norms of housing law (Article 36 of the Housing Code of the RSFSR, Decree of the Government of the Russian Federation of February 28, 1996 "On approval of a list of diseases giving the right to persons with disabilities with them, the right to an additional living area in the form of a separate room", Decree of the Government of the Russian Federation of July 27, 1996 "On providing benefits to disabled people and families with disabled children, to ensure their residential premises, pay for housing and utilities) establish benefits for disabled people in terms of the procedure for providing housing, the size of the allocated residential area and benefits to pay utilities.

Disabled people of Labor 1 and 2 groups enjoy the right to the priority provision of housing in the case of recognizing them in need of improving housing conditions, as well as if they are eligible for an additional living area. Decree of the Government of the Russian Federation of July 27, 1996. "On providing benefits to disabled families and families with children with disabilities, to ensure their residential premises, pay for housing and utilities" provided persons with disabilities the right to consist of an improvement in housing conditions both at the place of work and at the place of residence.

The legislation of the Russian Federation (Federal Law "On Social Services of Elderly and Disabled Citizens" and the Federal Law "On Social Protection of Disabled In the Russian Federation") also provides other cases of preferential procedure for presenting housing disabled. Residential premises in the houses of the municipal housing stock, liberated by persons with disabilities sent to stationary social service institutions, are subject to settlement primarily by other disabled people in need of improving housing conditions. Specially equipped residential premises in the houses of the State, Municipal and Public Housing Fund, occupied by persons with disabilities under the employment contract, in their release, are in charge of the first place by other disabled people in need of improving housing conditions. In case of refusal of the services of a stationary social service institution after six months, people with disabilities who have liberated residential premises in connection with their premises in these institutions have the right to extraordinary provision of residential premises (if they cannot be returned to the residential premises previously occupied by them). The right of a disabled person to receive a separate room is taken into account when registering to improve housing conditions and providing housing premises in the houses of the State and Municipal Housing Fund. In addition, for the disabled person placed in the stationary social service institution, the residential premises occupied by him under the contract in houses of state, municipal and social housing stocks within six months from the date of receipt to such an institution, and in cases where there were remained in residential premises To reside the members of their families, - throughout the time of stay in this institution.

Residential premises occupied by disabled should be equipped with special means and devices in accordance with the individual disabled rehabilitation program. Currently, the form and content of such programs are still being developed, but, nevertheless, the construction of new houses is carried out taking into account the requirements of the equipment by their respective adaptations that make access to disabled people. If the disabled has been placed in a stationary social service institution and expressed a desire to receive housing under the employment contract, it is subject to taking into account to improve housing conditions regardless of the size of the occupied area and is provided by residential premises on a par with other people with disabilities.

Residential premises in the homes of the Municipal Housing Fund of Social Use (that is, specially equipped for disabled people and some other categories of citizens) are provided with single disabled people with disabilities, whose relatives for objective reasons cannot provide them with assistance and care, subject to the conservation of these citizens self-service and inconsistencies of the conditions for their residence requirements of housing legislation.

A difficult question is the emergence of a disabled residential area. Such benefits are scattered according to individual acts, depending on the categories of disabled allocated by the legislation. Thus, people with disabilities - the heroes of socialist labor are provided by the living area on established standards, first of all (a letter to the State Awardness of the State and Legal Department of the President of the Russian Federation No. A19 / 08-83 of 13.03.92). Government Decree of February 28, 1996, in accordance with the Law "On Social Protection of Disabled", a list of diseases that give people with disabilities suffering from them, the right to an additional living area in the form of a separate room:

active forms of tuberculosis of all organs and systems;

mental illness requiring mandatory dispensary observation;

tracheostoma, fence, urinary and vaginal fistula, lifelong nephrostom, stoma bladder, not corrected surgically urine incontinence, antitular anus, malformations of the face and skull with impaired respiratory, chewing functions, swallowing;

multiple skin lesions with abundant separated;

HIV infection in children;

lack of lower extremities or diseases of the musculoskeletal system, including hereditary genesis, with a persistent impaired function of the lower extremities, requiring the use of wheelchairs;

organic diseases of the central nervous system with a persistent impairment of the function of the lower extremities, requiring the use of wheelchairs, and (or) with a violation of the function of the pelvic organs;

condition after transplantation of internal organs and bone marrow;

heavy organic kidney lesions complicated by renal failure of the II-III degree.

The area of \u200b\u200bhousing law can include a number of other benefits provided to disabled people who are aimed at protecting this category of citizens. Disabled families and families with disabled children are provided with a discount not lower than 50 percent from the apartment board (in the houses of the State, Municipal and Public Housing Fund) and the payment of utilities (regardless of the ownership of the Housing Fund), and in residential buildings that do not have central heating - From the cost of fuel purchased within the limits established for the sale of the population. An additional living area occupied by disabled (regardless of whether in the form of a separate room or not) is not considered excess and shall be paid in a single amount, taking into account the benefits provided. Unfortunately, when implementing the benefits to reduced housing, some people with disabilities may occur, since the reimbursement of the expenditure and maintenance of housing and communal economy, which is on the balance sheet of the enterprise, is made at the expense of the profit remaining at the disposal of this enterprise. In case of insufficiency of these funds, the departmental residential fund may be transferred to municipal property.

In disabilities I and II groups, if there is a technical ability to install the phone is carried out out of turn (Presidential Decree of October 2, 1992 "On Additional Measures of State Support for Disabled"). Since the beginning of 1997, a 50 percent discount must also be established for the use of the telephone and a radio broadcasting point (the Federal Law "On Social Protection of Disabled in the Russian Federation" adopted by the State Duma on July 20, 1995, approved by the Federation Council on November 15, 1995).

Disabled families and families with disabilities are provided with the right to priority to obtain land plots for individual housing construction, the maintenance of the subsidiary and country farm and gardening. When highlighting the land plot must be taken into account that in accordance with the presidential decree, this site should be as close as possible to the place of residence of the disabled.

Special requirements for the purchase of purchase and sale of residential buildings (premises) are also established in order to pay social services:

preserved for disabled rights of life living in an alienated residential building (residential room) or to ensure its other residential premises that meet the requirements of housing legislation, as well as the right to materialize in the form of nutrition, care and necessary assistance;

obtaining an agreement in the written form of local social service management bodies for the design of the transaction.

The provision of benefits in the field of housing legislation can be carried out by other categories of citizens - disabled, in particular, with disabilities - military personnel, disabled - "Chernobyls" and some others.

Questions and tasks for repetition and independent consideration

    Consider the concept of disabled, limiting vital activity, social protection of persons with disabilities.

    The legislation of the Russian Federation on the social protection of persons with disabilities.

    The main criteria for the developed policies of states regarding people with disabilities.

    Prepare situational tasks on sections: social services of persons with disabilities, privileges in education in education, with compensation for expenditures on sanatorium-resort services of persons with disabilities, acquisition of drugs, use by public transport, providing vehicles and compensation for expenditures related to their exploitation, civil, family law, Labor and housing legislation.

Literature

    World Declaration of Human Rights (1948),

    Civil Code of the Russian Federation

    Declaration on the rights of disabled (1971).

    Housing Code of the Russian Federation "dated December 29, 2004 N 188-ФЗ

    Convention on the Rights of Persons with Disabilities

    Family Code of the Russian Federation

    Labor Code of the Russian Federation

    FZ "On Education in the Russian Federation"

    FZ N 181-FZ "On Social Protection of Disabled in the Russian Federation"

    FZ No. 122 "On the social services of elderly and disabled citizens."

    FZ No. 195 "On the basics of social services for the population in the Russian Federation."

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