On Social Services, Elderly And Disabled Citizens

Original Language Title: О социальном обслуживании граждан пожилого возраста и инвалидов

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102036914

Expired-the Federal law dated 28.12.2013 g. N 442-FZ RUSSIAN FEDERATION federal law on social services, elderly and disabled citizens adopted by the State Duma May 17, 1995 year approved by the Federation Council of the year July 21, 1995 (text as amended by the federal laws from 01/10/2003 N 15-FL;
from 22/08/2004, no. 122-FZ; from 21 N 326-FZ;
from 25.11.2013 N 317-FZ) this federal law regulates relations in the sphere of social services for elderly and disabled citizens, which is one of the activities for the social protection of the population, establishes economic, social and legal guarantees for the elderly and disabled citizens, based on the principles of philanthropy and charity in society.
Chapter i. General provisions article 1. Social services for elderly and disabled citizens social services for elderly and disabled citizens is an activity to meet the needs of these citizens in social services.
Social services includes a set of social services, which are available to senior citizens and persons with disabilities at home or in social services, irrespective of their form of ownership. (As amended by federal law from 22/08/2004, no. 122-FZ), Article 2. The legislation of the Russian Federation on social services, elderly and disabled citizens of the Russian Federation Legislation on social services, elderly and disabled citizens consists of this federal law, other federal laws adopted in accordance with them other normative legal acts of the Russian Federation, as well as the laws and other normative legal acts of the constituent entities of the Russian Federation.
If an international treaty (Agreement) of the Russian Federation stipulates other rules than those stipulated by this federal law, the rules of the international treaty (Agreement).
Article 3. Main principles of activity in the sphere of social services, elderly and disabled citizens in the sphere of social service Activities elderly and disabled citizens is based on the following principles: respect for human rights and the citizen;
the provision of State guarantees in the area of social services;
equal opportunities in obtaining social services and their accessibility for elderly and disabled citizens;
continuity of all kinds of social services;
the orientation of social services to the individual needs of the elderly and persons with disabilities;
priority measures for the social rehabilitation of elderly and disabled citizens;
liability of public authorities and institutions, as well as the officers for ensuring the rights of elderly and disabled citizens in the sphere of social service. (As amended by federal law from 22/08/2004, no. 122-FZ), Article 4. Guarantee respect for the rights of elderly and disabled citizens in social services, the State guarantees citizens of the elderly and persons with disabilities to social services based on the principle of social justice, irrespective of their sex, race, nationality, language, origin, property and official status, place of residence, attitude to religion, convictions, membership of public associations or other circumstances.
Senior citizens and disabled persons to obtain sufficient to meet their basic living needs for social services, which are included in the lists of social services guaranteed by the State. (As amended by federal law from 22/08/2004, no. 122-FZ) list of guaranteed social services shall be approved by the executive bodies of subjects of the Russian Federation, taking into account the needs of the people living in the territories of the relevant constituent entities of the Russian Federation. (As amended by federal law from 22/08/2004, no. 122-FZ)
(Part four of lapsed federal law from 22/08/2004, no. 122-FZ), chap. II. The rights of elderly and disabled citizens in the sphere of social services, Article 5. Eligible elderly and disabled citizens to social services for elderly Citizens (women over 55 years of age, men over 60 years old) and persons with disabilities (including children with disabilities), in need of a permanent or temporary assistance in connection with the partial or total loss of the opportunity to meet their basic needs by limiting the ability to self-care and (or) movement are entitled to social services by public and non-public sectors of the social services system. (As amended by federal law from 22/08/2004, no. 122-FZ) social services for elderly and disabled citizens is subject to a decision of the bodies of social protection within their institutions, or to contracts concluded with institutions of social protection bodies providing social services for other forms of ownership.
Article 6. The right of foreign nationals, stateless persons, including refugees, in social services

Foreign citizens, stateless persons, including refugees, enjoy the same rights and in social services that citizens of the Russian Federation, unless otherwise prescribed by the legislation of the Russian Federation.
Article 7. The rights of elderly and disabled citizens in obtaining social services upon receipt of social services for elderly citizens and people with disabilities have the right to: respectful and humane attitude on the part of social workers;
the choice of institutions and forms of social services in the manner prescribed by the social protection agencies of constituent entities of the Russian Federation; (As amended by federal law from 22/08/2004, no. 122-FZ) information about their rights, responsibilities and conditions of the provision of social services;
agreement on social services;
denial of social services;
privacy of personal information known to the employee social service agencies in the provision of social services;
protection of their rights and legitimate interests, including in the courts.
Article 8. Eligible elderly and disabled citizens to information in the field of social services for elderly and Disabled Citizens have the right to receive information about the types and forms of social services, testimony to receive social services and the conditions for payment, as well as other conditions.
Information on social services provided by social workers directly to senior citizens and the disabled, and persons under 14 years of age, and persons, recognized in the manner prescribed by law incapable, their legal representatives.
Elderly and disabled citizens under stationary or semi-stationary social service agencies, as well as their legal representatives should be acquainted with the conditions of their stay or stay in these institutions and types of services provided by them.
Article 9. Agreement on social services social services is subject to a voluntary consent of the elderly and persons with disabilities to receive social services, except in cases provided for in this federal law.
Consent to the social services of persons who have not attained 14 years of age, and persons, recognized in the manner prescribed by law incapable, given their legal representatives after receiving the information referred to in article 8 hereof. In case of temporary absence of legal representatives decide on the agreement was adopted by the tutelage and guardianship authorities.
Placement in a hospital establishment of social services for elderly and disabled citizens is carried out on the basis of their personal written statements and confirms their signature, and persons who have not attained 14 years of age, and persons recognized in the manner prescribed by law incapable, on the basis of written application of their legal representatives.
Placing elderly and disabled citizens in stationary social service agencies without their consent or without the consent of their legal representatives are allowed on the grounds and in accordance with the procedure provided for in article 15 of this federal law, as well as the law of the Russian Federation on psychiatric care and guarantees of citizens ' rights in its provision ".
Placing elderly and disabled citizens in special stationary social service agencies is carried out under the conditions specified in article 20 hereof.
Article 10. Rejection of social services for elderly and Disabled Citizens, as well as their legal representatives have the right to withdraw from the social services, except as provided in article 15 hereof.
In case of refusal of social services for senior citizens and the disabled, as well as their legal representatives explained the possible consequences of the decision.
Denial of elderly and disabled citizens from social services, which may entail a deterioration of their health or life-threatening, issued a written statement elderly and disabled citizens or their legal representatives, confirming receipt of information about the consequences of failure.
Article 11. Confidentiality of information personal information gained from employees of social service agencies in the provision of social services, make up the professional secrecy.
Employees of social service agencies responsible for divulging professional secrets, bear responsibility in the manner prescribed by the legislation of the Russian Federation.
Article 12. The rights of elderly and disabled people living in institutions of social services 1. Elderly citizens and disabled persons residing in institutions of social services, shall enjoy the rights provided for in article 7 of this federal law, as well as have the right to: 1) provide them with living conditions, sanitary-hygienic requirements;

2) care, primary health care, including dental diseases, provided in inpatient institution of social services; (As amended by the Federal law of 25.11.2013 N 317-FZ) 3) (repealed-Federal Act of 22/08/2004, no. 122-FZ) 4) socio-medical rehabilitation and social adaptation;
5) voluntary participation in the labour process, taking into account health, interests, desires in accordance with medical findings, recommendations, and labor;
6) medico-social assessment carried out for medical reasons, to establish or modify a group disability;
7) free access to their lawyer, notary, legal representatives, representatives of public associations and the priest, as well as relatives and other persons;
8) free legal assistance within the framework of the State system of legal aid in accordance with the Federal law on free legal aid in the Russian Federation "; (As amended by the Federal law of 21 N 326-FZ) 9) giving them a space for worship, to create the appropriate conditions for this not contrary to the rules of internal regulations, taking into account the interests of the believers of different denominations;
10) save their under a contract of lease or lease dwellings in houses of State, municipal and public housing funds within six months from the date of admission to hospital social service agency, and in cases where the residential premises are left to live with their family members, during the entire period of stay in the institution. In case of cancellation of the services hospital social service agencies after expiration of the seniors and disabled citizens, released in conjunction with their placement in these institutions are entitled to extraordinary provision of accommodation if they cannot be returned to their earlier dwelling.
Children with disabilities living in institutions of social services, are orphans or deprived of parental care, on reaching the age of 18 years are subject to the provision of premises by the local self-government bodies out of turn on the location of these institutions or the place of their former residence of their choice, if rehabilitation program provides an opportunity to perform self-service and maintain independent living;
11) participation in public commissions for the protection of the rights of elderly and disabled citizens posed by including social services.
2. Children with disabilities living in institutions of social services, have the right to receive education and vocational training in accordance with their physical and mental abilities. This right is ensured through the Organization of social services in institutions of special educational establishments (classes and groups) and Labour Studies in the order established by current legislation.
3. citizens of elderly and disabled people living in State institutions for social care and in need of specialized medical assistance shall be sent for examination and treatment in medical institutions of the public health and municipal health care system. Payment of medical assistance for senior citizens and persons with disabilities in these medical organizations is carried out in the prescribed manner through appropriate budgetary allocations and health insurance funds. (As amended by the federal laws from 22/08/2004, no. 122-FZ; from 25.11.2013 N 317-FZ) 4. Elderly citizens and disabled persons residing in institutions of social services, shall have the right to be free from punishment. Not allowed to punish the elderly and disabled citizens, or the establishment of facilities for the staff of these institutions ' use of medicines, means of physical restraint, as well as the isolation of elderly and disabled citizens. Persons guilty of violating this principle bear disciplinary, administrative or criminal liability established by the legislation of the Russian Federation.
Article 13. Work the elderly and disabled people living in institutions providing social services for elderly Citizens and disabled persons residing in institutions of social services can be employed, which is available to them for health reasons, under the conditions of the employment contract.
Senior citizens and persons with disabilities employed under the conditions of the employment contract shall be granted annual paid leave of 30 calendar days.
Elderly citizens and disabled persons residing in institutions of social services may participate in medical work in accordance with medical advice. (As amended by federal law from 22/08/2004, no. 122-FZ)

Forcing the elderly or disabled persons residing in institutions of social services, to medical-labour activity are not allowed.
Article 14. Waiver of service of hospital social service agencies, citizens elderly and disabled persons residing in institutions of social services and do not belong to the category of persons referred to in the first paragraph of article 15 of this federal law, have the right to refuse the services of these institutions.
Article 15. Restrictions on the rights of the elderly and disabled citizens in the provision of social services, restrictions on the rights of the elderly and disabled citizens in the provision of social services are allowed in accordance with the procedure stipulated by this federal law and can be expressed in the premises of those citizens without their consent in the social service agencies in cases where they are deprived of the care and support from relatives or other legal representatives and in doing so are unable to meet their own needs (loss of the ability to self-care and (or) active movement) or recognized in accordance with the law.
Question about putting elderly and disabled citizens in stationary social service agencies without their consent or without the consent of their legal representatives on the grounds provided for in paragraph 1 of this article shall be decided by the Court upon submission of the bodies of social protection.
Waiver of service institutions of social services elderly and disabled citizens who have lost their ability to meet their basic living needs or recognized in the manner prescribed by law incapable, shall be made upon written request of their legal representatives, if they undertake to ensure that the persons in care and the conditions necessary for their stay.
Senior citizens and the disabled who are virusonositeljami or bacterio, or if they have chronic alcoholism, quarantine infectious diseases, active tuberculosis, severe mental disorders, sexually transmitted and other diseases requiring specialized medical care in medical organizations, may be denied social services at home. (As amended by the Federal law of 25.11.2013 N 317-FZ) denial of senior citizens and disabled persons to social services on the grounds defined in part 3 of this article, is confirmed by the joint opinion of the body social protection and medical Commission medical organization. (As amended by the federal laws from 22/08/2004, no. 122-FZ; 25.11.2013 N 317-FZ) social services for elderly and disabled citizens, non-stationary conditions, may be terminated in the event of a breach of the rules and regulations established by authorities of social services when providing this type of service.
Chapter III. Social services for elderly and disabled citizens, article 16. Forms of social services 1. Social services for elderly and disabled citizens includes: 1) social services (including social and health services);
2) polustacionarnoe social services at branches of day (night) stay social service agencies;
3) inpatient social care in institutions of social services (homes, pensions and other social services, irrespective of their denomination);
4) urgent social services;
5) socio-advice.
2. Senior citizens and persons with disabilities may be provided accommodation in the homes of social housing use.
3. Social Services upon request of elderly and disabled citizens can be carried out on a permanent or temporary basis.
Article 17. Social services at home 1. Social services at home is one of the main forms of social services aimed at the greatest possible extension of stay elderly and disabled citizens in a familiar social Wednesday to maintain their social status, as well as to protect their rights and legitimate interests.
2. domestic social services provided for a list of guaranteed social services include: (as amended by federal law from 22/08/2004, no. 122-FZ) 1) catering services, including delivery of products at home;
2) assistance in purchasing drugs for medical use, medical devices, food and industrial commodities; (As amended by the Federal law of 25.11.2013 N 317-FZ) 3) assistance in obtaining medical assistance, including support in medical organizations; (As amended by the Federal law of 25.11.2013 N 317-FZ) 4) maintaining living conditions in accordance with hygienic requirements;
5) assistance in organizing legal aid and other legal services;
6) facilitate the Organization of funeral services;
7) other home-based social services.

3. When servicing elderly and disabled citizens living in the residential premises without central heating and (or) water supply, domestic social services provided for a list of guaranteed social services included assistance in providing fuel and (or) water. (As amended by federal law from 22/08/2004, no. 122-FZ)
4. In addition to domestic social services provided for lists of guaranteed social services, senior citizens and persons with disabilities may be provided additional services on the terms of full or partial payment. (As amended by federal law from 22/08/2004, no. 122-FZ)
5. Social services at home shall be as determined by the Executive authority of the Russian Federation. (As amended by federal law from 22/08/2004, no. 122-FZ)
6. (repealed-Federal Act of 22/08/2004, no. 122-FZ), Article 18. Socio-medical home care services health services social and at home against requiring domestic social services elderly and disabled citizens with mental disorders (in remission), tuberculosis (except the active form), serious illnesses (including cancer) in the later stages, with the exception of the diseases referred to in the fourth part of article 15 hereof.
The procedure and conditions for social and health services at home are determined by the executive authorities of the constituent entities of the Russian Federation. (As amended by federal law from 22/08/2004, no. 122-FZ) Article 19. Polustacionarnoe social Polustacionarnoe social services includes welfare, health and cultural services elderly and disabled citizens, organization of their nutrition, rest, ensuring their participation in the possible employment and maintaining an active lifestyle.
The polustacionarnoe social services taken it need older citizens and persons with disabilities, retained the ability to self-care and active movement, having no medical contra-indications for admission to social services, provided for in the fourth part of article 15 hereof.
The decision about enrolling on polustacionarnoe social services shall be made by the head of social service agencies on the basis of personal written statement of older or disabled citizen and help medical organizations about the State of his health. (As amended by the Federal law of 25.11.2013 N 317-FZ), procedure and conditions of semi social services are determined by the executive authorities of the constituent entities of the Russian Federation. (As amended by federal law from 22/08/2004, no. 122-FZ), Article 20. Inpatient Hospital social services social services seeks to provide comprehensive social assistance for senior citizens and persons with disabilities, either partially or completely lost the capacity for self-care and health condition in need of constant care and monitoring.
Hospital social services includes measures for elderly and disabled citizens the most adequate to their age and health conditions of life, rehabilitation medical, social and medical-employment nature, care and medical assistance, the Organization of their leisure and recreation.
Hospital social services elderly and disabled citizens is carried out in institutions (offices) social services, profiled in accordance with their age, health and social situation.
It is not allowed the placement of children with disabilities with physical disabilities in stationary social service agencies, designed for children with mental disorders.
Elderly and disabled citizens, partially or completely lost the ability to self-care and in need of constant outside care, released from places of imprisonment especially dangerous recidivists and others for whom, in accordance with current legislation set administrative supervision, as well as elderly and handicapped citizens, earlier judged or condemned on several occasions to administrative responsibility for violation of public order, vagrants and beggars that flow from the bodies of internal affairs agencies, in the absence of medical contraindications and on their personal request are accepted on social services in special stationary social service agencies in the manner determined by the executive authorities of the constituent entities of the Russian Federation. (As amended by federal law from 22/08/2004, no. 122-FZ)

Elderly citizens and disabled persons residing in institutions of social services and constantly violate the established Position on the establishment of social services policies in them may be voluntarily or by a court decision adopted on the basis of representations by the administrations of these institutions were transferred to the special fixed social service agencies.
Article 21. Responsibilities of the administration of hospital social service agencies Administration hospital social service agencies must: respect for human rights and the citizen;
to ensure the integrity and security of the elderly and persons with disabilities;
to inform elderly and disabled citizens living in steady establishment of social services, of their rights;
to carry out its mandated functions of tutors and guardians with regard to elderly and disabled citizens needing guardianship or curatorship;
implement and develop educational activities, to organize leisure and cultural services elderly and disabled citizens;
provide senior citizens and persons with disabilities living in the steady establishment of social services, possibility to use telephone and mail services for a fee in accordance with the tariffs applicable;
allocate spouses of steady establishment of social services for elderly and disabled citizens, isolated residential premises for cohabitation;
provide opportunity to freely receive visitors as at weekends and on public holidays and on weekdays during the day and evening;
to ensure the safety of personal belongings and valuables elderly and disabled citizens;
perform other functions established by current legislation.
Article 22. Urgent social services 1. Urgent social service is carried out in order to aid the single nature of the senior citizens and the disabled, in desperate need of social support.
2. emergency social services may include the following social services: (as amended by federal law from 22/08/2004, no. 122-FZ) 1) one-time critical need of providing free hot meals or food sets;
2) clothing, footwear and other necessities;
3) one-time material assistance;
4) assistance in obtaining temporary housing facilities;
5) Organization legal aid in order to protect the rights of persons served;
6) Organization of emergency medical and psychological assistance, involving the work of psychologists and clergy and the allocation for this purpose additional phone numbers;
7) other urgent social services.
3. (repealed-Federal Act of 22/08/2004, no. 122-FZ), Article 23. Socio-advice 1. Socio-advice to senior citizens and people with disabilities aimed at their adaptation in the society, the easing of social tensions, to create favourable relations within the family, as well as on the interaction of the individual, the family, society and the State.
2. socio-advice to senior citizens and persons with disabilities focused on their psychological support, intensifying efforts in solving your own problems and provides for: 1) identify persons in need of social and counselling;
2) prevention of various kinds of socio-psychological deviations;
3) work with the families of elderly citizens and people with disabilities, organizing their leisure time;
4) advice on professional orientation, training and employment of disabled persons;
5) ensure coordination of the activities of State institutions and public organizations to solve the problems of elderly and disabled citizens;
6) legal assistance within the competence of the organs of social services;
7) other measures to build healthy relationships and creating a favourable social Wednesday for elderly and disabled citizens.
3. (repealed-Federal Act of 22/08/2004, no. 122-FZ) Article 24. Payment of cottage, semi and hospital social services in public institutions of social services procedures and conditions for the provision of free home-based, semi and hospital social services, as well as on conditions of full or partial payment shall be established by the executive authorities of the constituent entities of the Russian Federation.
(Article in the Editorial Office of the Federal law dated 22/08/2004, no. 122-FZ), chap. IV. Organisation of social services for elderly and disabled citizens, article 25. The system of social services for elderly and disabled citizens social care elderly and disabled citizens is based on the use and development of all forms of ownership and consists of State and non-State sector of social services. (As amended by federal law from 22/08/2004, no. 122-FZ) Article 26. (Repealed-Federal Act of 22/08/2004, no. 122-FZ), Article 27. (Repealed-Federal Act of 22/08/2004, no. 122-FZ)

Article 28. (Repealed-Federal Act of 22/08/2004, no. 122-FZ), Article 29. (Repealed-Federal Act of 22/08/2004, no. 122-FZ) Article 30. Social service agencies 1. Social service agencies are legal entities and operate in accordance with the legislation of the Russian Federation.
2. State social service agencies are not subject to privatization and cannot be transformed into other activities.
(Article in the Editorial Office of the Federal law dated 22/08/2004, no. 122-FZ) Article 31. The main sources of funding of social services elderly and disabled citizens 1. The main source of financing of the public sector of social services elderly and disabled citizens are the budgets of the constituent entities of the Russian Federation.
2. Additional extrabudgetary sources of funding for social services for elderly and disabled citizens are: 1) funds from targeted social funds;
2) credits to banks and other creditors;
3) income from business and other income-generating activities of enterprises, institutions and organizations in the social protection system, carried out in accordance with the legislation of the Russian Federation;
4) income from securities;
5) funds received from elderly and disabled citizens as payment for social services;
6) charitable contributions and donations;
7) other sources not prohibited by the law.
3. cash, including bank accounts, as well as proceeds from the disposition of the property of elderly and disabled citizens who lived and died in hospitals, social services, the Intestates ' estates and had no heirs, shall become the property of the State and may be made on the development of social services. Control over the purposeful expenditure of those funds is monitored by the social protection of the population.
4. cash, including bank accounts, as well as proceeds from the disposition of the single elderly and disabled citizens, not serviced in institutions of social services and the deceased, the Intestates ' estates and had no heirs, shall become the property of the State and may be made on the development of social services.
(Article in the Editorial Office of the Federal law dated 22/08/2004, no. 122-FZ), Article 32. (Repealed-Federal Act of 22/08/2004, no. 122-FZ) Article 33. Private sector private sector social services social services brings together social service agencies, whose activities are based on non-State form of ownership, as well as persons engaged in private activities in the field of social services. To the non-governmental sector social services are public organizations, including professional associations, charitable and religious organizations, whose activity is connected with social services to elderly and disabled citizens. (As amended by federal law from 22/08/2004, no. 122-FZ) activity of non-State sector of social services is carried out in accordance with the legislation of the Russian Federation and laws of constituent entities of the Russian Federation.
Chapter v. Professional activity in the field of social services, elderly and disabled citizens, article 34. The right to professional activity in the field of social services (part of the first federal law is excluded from 01/10/2003 N 15-FZ), the right to professional activity in the field of social services for elderly and disabled citizens are citizens of the Russian Federation, foreign citizens and persons without citizenship who have received higher professional or vocational education or training in educational institutions of the Russian Federation. (Part two considered part of the first in the Editorial Office of the Federal law dated 01/10/2003 N 15-FZ)
(Part of the third and fourth federal law are excluded from 01/10/2003 N 15-FL) For the provision of basic social services can be citizens who do not have training, on the terms of the employment contract concluded with the management bodies of social services or social services agencies. (Part of the fifth Second Edition considered part of the Federal law dated 01/10/2003 N 15-FZ) Article 35. The right to professional private activity in social services (as amended by the Federal law dated 01/10/2003 N 15-FZ), right to vocational private activity in social services have citizens registered as individual entrepreneurs, or social service agencies. (As amended by the Federal law dated 01/10/2003 N 15-FZ)
(Part two is excluded-the Federal law dated 01/10/2003 N 15-FZ)

Monitoring of the provision of social services in the non-State sector of social services is carried out in accordance with part three article 37 hereof. (Part three, considered part of the second as amended by federal law from 01/10/2003 N 15-FZ) Article 36. Social support social support social workers social workers employed in the public sector, social services, is carried out in accordance with the laws and other normative legal acts of the constituent entities of the Russian Federation.
(Article in the Editorial Office of the Federal law dated 22/08/2004, no. 122-FZ), chap. VI. Monitoring of social services for elderly and disabled citizens, article 37. Monitoring of the provision of social services to the monitoring of the provision of social services in the public sector social services is carried out in the manner prescribed by the legislation of the Russian Federation and laws of constituent entities of the Russian Federation.
(Article in the Editorial Office of the Federal law dated 22/08/2004, no. 122-FZ) Article 38. Protecting the rights of elderly and disabled citizens, and liability for violation of the legislation of the Russian Federation on social services, elderly and disabled citizens action or inaction of State bodies, enterprises, institutions and organizations irrespective of their form of ownership, as well as the officers, resulting in violations of the rights of elderly and disabled citizens in the sphere of social service may be appealed in court.
Violation of the legislation of the Russian Federation on social services, elderly and disabled citizens entails criminal, civil and administrative liability under the legislation of the Russian Federation.
Chapter VII. The procedure for enactment of this federal law, Article 39. The President of the Russian Federation and the Government of the Russian Federation for three months to bring its normative acts in compliance with this federal law.
Article 40. This federal law shall enter into force on the day of its official publication.
The President of the Russian Federation, b. YELTSIN, Kremlin, Moscow, N August 2, 1995 122-FZ