On Social Services, Elderly And Disabled Citizens

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Overtaken by Federal Law N 442-FZ RUSSIAN FEDERATION FEDERAL LAW On social services for the elderly and disabled adopted by the State Duma on 17 May 1995 Approved by the Federation Council on 21 July 1995 10.01.2003 N 15-FZ; of 22.08.2004 N 122-FZ; of 21.11.2011 N 326-FZ; of 25.11.2013 N 317-FZ This Federal Law regulates relations in the field of social services for the elderly and the disabled, which is one of the social protection activities of the population, establishes economic, social and legal guarantees for the elderly and the disabled, based on the need to promote the principles of humanity and charity in society. Chapter I. General Article 1. Social services for older persons age and persons with disabilities Social services for older persons and persons with disabilities are activities to address the needs of these citizens in social services. Social services include a set of social services that are provided to older citizens and persons with disabilities at home or in social service institutions, irrespective of their form of ownership. (In the wording of Federal Law of 22.08.2004) N 122-FZ) Article 2. Russian legislation on social services for the elderly age and persons with disabilities Russian legislation on social services Citizens of old age and persons with disabilities are made up of this Federal Act, other federal laws enacted in accordance with other legal acts of the Russian Federation, as well as laws and other regulatory legal acts THE RUSSIAN FEDERATION If an international treaty (agreement) of the Russian Federation sets out rules other than those provided for by this Federal Law, the rules of the international treaty (agreements) shall apply. Article 3. The basic principles of the activities in the field of social services for older persons of the elderly age and persons with disabilities Work in the area of social services for older persons and persons with disabilities is based on the following principles: respect for human and civil rights; provide State guarantees in the area of social services; equal opportunities for social services and accessibility for citizens of age and persons with disabilities; continuity of all types Social services; orientation of social services to the individual needs of older persons and persons with disabilities; priority of measures for the social adaptation of older persons and persons with disabilities; responsibility of public authorities and institutions, as well as officials for ensuring the rights of older persons and persons with disabilities in social services. (In the wording of Federal Law of 22.08.2004) N 122-FZ) Article 4. Guaranteed observance of the rights of older persons of age and persons with disabilities in the social service sector State guarantees older persons and persons with disabilities the possibility of receiving social services on the basis of The principle of social justice irrespective of sex, race, nationality, language, origin, property and official position, place of residence, attitude to religion, beliefs, membership of public associations and other circumstances. Citizens of old age and persons with disabilities are provided with the opportunity to receive sufficient social services to meet their basic necessities of life, which are included in the lists of guaranteed by the State of social services. (In the wording of Federal Law of 22.08.2004) N 122-FZ ) The list of state-guaranteed social services is approved by 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 PRESIDENT OF THE RUSSIAN FEDERATION (...) (...) N 122-FZ ) (Part Four was lost-Federal Law of 22.08.2004) N 122-FZ Chapter II. Rights of older persons and persons with disabilities in social services Article 5. The right of older persons and persons with disabilities to social services Senior citizens (women over 55, men over 60) and persons with disabilities (including children with disabilities) who are in need of permanent or temporary assistance The right to social services, as a result of the limitation of the ability to self-service and/or movement, to meet their basic necessities of life, Ongoing in the State and non-State sectors Social services. (In the wording of Federal Law of 22.08.2004) N 122-FZ Social services for the elderly and disabled persons are provided by the social protection authorities in their institutions or under agreements concluded by the social welfare authorities; Social service institutions for other forms of ownership. Article 6. The rights of foreign citizens, stateless persons, including refugees, in the sphere of social services Foreign nationals, stateless persons, including refugees, enjoy the same rights in the sphere of human rights. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 7. Rights of older persons and persons with disabilities in the provision of social services When social services are received, citizens of old age and persons with disabilities have the right to: Employees of social service institutions; choosing the establishment and forms of social services in the manner prescribed by the social protection bodies of the constituent entities of the Russian Federation; (In the wording of the Federal Law from 22.08.2004. N 122-FZ ) information about its rights, duties and conditions of social service; consent to social services; Denial of social services; Personal information, which became known to the social service provider in the provision of social services; Protection of his or her rights and legitimate interests, including through the courts. Article 8. The right of older persons and persons with disabilities to information in the social services sector Citizens of old age and persons with disabilities have the right to receive information about the types and forms of social services, the testimony of The provision of social services and the conditions for their payment, as well as other conditions for their provision. Information on social services is provided by social workers directly to senior citizens and persons with disabilities, and to persons under the age of 14 and persons who are legally incapacitated legal representatives. Older persons and persons with disabilities who are sent to permanent or semi-permanent social service institutions, as well as their legal representatives, must be made aware of the conditions of residence or stay in the country. the institutions and services provided by them. Article 9. Consent to social services Social services are provided subject to the voluntary consent of older persons and persons with disabilities to social services, except as provided for in this Federal Act. by law. Consent to social services for persons under the age of 14 and persons recognized by law as legally incompetent shall be given by their legal representatives upon receipt of the information provided for in article 8, paragraph 1. of this Federal Law. In the temporary absence of legal representatives, the decision on consent is taken by the tutelage and guardianship authorities. The premises of the social services for the elderly and disabled persons shall be established on the basis of their personal written declaration and shall be confirmed by their signature, and persons who have not attained the age of 14 years and those recognized in the under the legally established procedure of incapacitated, on the basis of a written statement by their legal representatives. The accommodation of older persons and persons with disabilities into permanent social service facilities without their consent or the consent of their legal representatives is permitted on the basis and in the manner provided for in article 15 of the present report. The Federal Act as well as the Russian Federation's Act on Psychiatric Care and Guarantees of Citizens ' Rights in the Provision of Mental Health Care. The accommodation of older persons and persons with disabilities in special residential care facilities is carried out under the conditions specified in article 20 of this Federal Act. Article 10. Waiver of social services Citizens of old age and persons with disabilities, as well as their legal representatives, have the right to refuse social services, except as provided for in article 15 of this Federal Act. In the event that social services are denied to older persons and persons with disabilities and their legal representatives, the possible consequences of their decision are explained. Rejection of older persons and persons with disabilities from social services, which may lead to a deterioration in their health or the threat to their lives, is documented by a written statement of the senior citizens and persons with disabilities or their Representatives of the Committee on the Rights of the Article 11. Confidentiality of information Personal information that has become known to the social service provider in the provision of social services is a professional secret. Employees of social service institutions responsible for disclosure of professional secrecy are liable in accordance with the procedure established by the legislation of the Russian Federation. Article 12. Rights of older persons and persons with disabilities, resident in residential care social services 1. Citizens of old age and persons with disabilities living in social services are entitled to the rights provided for in article 7 of this Federal Act and also have the right to: 1) to provide them with conditions Health and sanitation; (2) care, primary health care, including dental careprovided in a fixed social institution maintenance; (In the wording of Federal Law dated 25.11.2013. N 317-FZ 3)(Federal Act of 22.08.2004) N 122-FZ ) 4) Socio-medical rehabilitation and social adaptation; 5) voluntary participation in the treatment and work process, taking into account the state of health, interests, wishes and desires in accordance with the medical report; and " Labour recommendations; 6) medical and social assessment conducted on medical grounds, in order to establish or change a disability group; 7) free access by their lawyer, notary, legal representatives, by representatives of voluntary associations and the clergy, as well as relatives and other persons; 8) free legal aid in the State system of free legal aid under the Federal Act on free legal aid in the Russian Federation Federation "; (In the wording of Federal Law No. N 326-FZ ) 9) to provide them with premises for the performance of religious rites, creating appropriate conditions that do not contradict the rules of internal order, taking into account the interests of believers of different faiths; 10) maintain the employment or rental of residential premises occupied by the State, municipal and public housing funds for six months from the date of admission to a fixed social service institution, and where members of their families stayed in the living quarters, the entire time spent in this institution. In the event of abandonment of the services of a fixed social service at the end of the specified period, the elderly and disabled persons who have vacated the premises in connection with their placement in these facilities are entitled to special care. living quarters, if they cannot be returned to their previous living quarters. Children with disabilities living in residential care institutions who are orphans or are deprived of parental care after reaching the age of 18 are subject to the provision of accommodation outside the queue by local authorities Self-management at the location of the institutions or their place of origin of their choice, if the individual rehabilitation programme provides for self-service and self-service life; 11) participation in public commissions for the protection of the rights of older persons and persons with disabilities, including in social services institutions. 2. Children with disabilities living in residential care institutions have the right to education and vocational training in accordance with their physical and mental capacities. This right is ensured through the organization of special educational establishments (classes and groups) in the social services of special educational establishments and workshops in accordance with the procedure established by the law. 3. Citizens of old age and persons with disabilities living in State social service institutions who are in need of specialized medical care are sent for examination and treatment in medical organizations The public health system and the municipal health system. Medical care for senior citizens and persons with disabilities in these medical facilities is paid in accordance with the appropriate budgetary provisions and medical facilities. Insurance. In the wording of the federal laws of 22.08.2004, N 122-FZ; of 25.11.2013 N 317-FZ 4. Citizens of old age and persons with disabilities living in residential care institutions have the right to be free from punishment. The use of medicines, physical restraints, and the isolation of older persons and persons with disabilities are not permitted in order to punish older persons and persons with disabilities or to provide facilities for the staff of these institutions. Those responsible for violations of the said rule shall be liable to disciplinary, administrative or criminal liability established by the law of the Russian Federation. Article 13. Employment of the elderly and disabled persons living in residential social service institutions of the Convention on the Rights of the child). Citizens of old age and persons with disabilities working under the terms of the contract are granted an annual paid leave of 30 calendar days. Older citizens and persons with disabilities living in residential care institutions may participate in the treatment and work in accordance with the medical recommendations. (In the wording of Federal Law of 22.08.2004) N 122-FZ)) Forcing older persons or persons with disabilities living in residential care institutions to work is not permitted. Article 14. Renunciation of the services of a fixed institution social services Citizens of old age and persons with disabilities in residential care institutions and not belonging to the category of citizens identified in part The first article of this Federal Act, article 15, has the right to refuse the services of these institutions. Article 15. Limitations on the rights of older persons and persons with disabilities in the provision of social services Limitations on the rights of older persons and persons with disabilities in the provision of social services are permitted in the manner envisaged in this report. Federal law and may be expressed in the premises of these citizens without their consent to social services in cases where they are deprived of the care and support of relatives or other legal representatives and are unable to do so. to meet their own vital needs (loss of ability to Self-care and (or) active movement) or are recognized as legally incompetent. The issue of the placement of older persons and persons with disabilities in residential social services without their consent or without the consent of their legal representatives on the grounds provided for in part one of this article shall be decided upon The courts have submitted the social protection bodies to the population. Denial of the services of residential social services for older persons and persons with disabilities who have lost their ability to meet their basic needs, or who are legally incapacitated, shall be subject to the written declaration of their legal representatives if they undertake to provide the said persons with care and the necessary living conditions. Citizens of old age and persons with disabilities who are bacterio-or virocelled, or if they have chronic alcoholism, quarantine infectious diseases, active forms of tuberculosis, severe mental disorders, In the case of STD and other diseases that require specialized medical care in medical organizations, the provision of social services at home may be denied. (In the wording of Federal Law No. N 317-FZ Rejection of older persons and persons with disabilities in social services on the grounds specified in part three of this article is confirmed by the joint conclusion of the Social Security Body. the protection of the population and the medical board of a medical organization. 22.08.2004 N 122-FZ; of 25.11.2013 N 317-FZ) Social services for elderly and disabled persons in non-permanent conditions may be terminated if they violate the rules and regulations established by the social authorities This service is provided in the form of a service. Chapter III: Social services for the elderly age and persons with disabilities Article 16. Forms of Social Services 1. Social services for older persons and persons with disabilities include: 1) social services at home (including social health care); 2) semi-permanent social services in day care units (night) stay of social service establishments; 3) static social services in residential social services (boarding houses, boarding houses and other social services institutions, irrespective of their names); 4) maintenance; 5) social counselling. 2. Older persons and persons with disabilities may be provided with housing in the houses of the social housing stock. 3. Social services, at the request of older persons and persons with disabilities, may be provided on a permanent or temporary basis. Article 17. Social services at home 1. Social care at home is one of the main forms of social services aimed at extending the stay of older persons and persons with disabilities in the social environment as much as possible in order to maintain their social status The Convention on the Rights of the Child; 2. The number of home-based social services provided for in the list of publicly guaranteed social services includes: (In the wording of Federal Law from 22.08.2004. N 122-FZ ) 1) catering, including the delivery of food to the house; (2) aid for the purchase of medicines for medical use, medical products, food and medicine Industrial products of the first necessity; (In the wording of Federal Law of 25.11.2013). N 317-FZ) (3) assistance in receiving medical care, including escorting to medical organizations; (In the wording of Federal Law dated 25.11.2013. N 317-FZ) 4) Maintaining the living conditions in accordance with hygienic requirements; 5) assistance in the organization of legal aid and other legal services; 6) assistance in the organization of ritual services; 7) Other home-based social services. 3. In the case of elderly and disabled persons living in residential areas without central heating and (or) water supply, the number of home-based social services provided for in the list provided by the State guaranteed Social services include support for fuel and/or water supply. (In the wording of Federal Law of 22.08.2004) N 122-F) 4. In addition to home-based social services provided for in the ppublicly guaranteed social services, older persons and persons with disabilities may be provided with additional services on a full or partial basis. payment. (In the wording of Federal Law of 22.08.2004) N 122-FZ) 5. Social services at home are carried out in a manner determined by the executive branch of the constituent entity of the Russian Federation. (...) (...) N 122-FZ 6.(Spconsumed by Federal Law of 22.08.2004) N 122-FZ) Article 18. Socio-medical services at home Social and medical services in the home are carried out in the case of home-based social services for older persons and persons with mental disabilities who are suffering from mental disorders (in (a) (a) (b) (c), (c), (c), (c), (c), (c) and (i)). The procedure and conditions for social and medical services at home are determined by the executive authorities of the constituent entities of the Russian Federation. (...) (...) N 122-FZ) Article 19. Semi-patient social services The provision of social services includes social, medical and cultural services for the elderly and the disabled, the organization of their meals, leisure activities and provision of social services Participation in the labour market and the maintenance of an active lifestyle. For semi-permanent social services, elderly and disabled citizens who need it are maintained and have a capacity for self-service and active mobility without medical contraindications Social services provided for in article 15, paragraph 4, of this Federal Act. The decision to enrol in semi-institutional social services is taken by the head of the social service institution on the basis of a personal written statement by a citizen of the elderly or disabled person and the help of the medical organization on the state of his or her health. (In the wording of Federal Law No. N 317-FZ) The procedure and conditions of semi-permanent social services are determined by the executive authorities of the constituent entities of the Russian Federation. (...) (...) N 122-FZ) Article 20. In-patient social services Self-care and health care in constant care and surveillance. Fixed social services include measures to create the most appropriate age and health conditions for the elderly and persons with disabilities, and rehabilitation measures for medical, social and health services. to provide care and medical care, to organize their rest and leisure. Fixed social services for senior citizens and persons with disabilities are carried out in residential institutions (offices) of social services profiled in accordance with their age, health and social status. a location. It is not permitted to place children with disabilities with physical disabilities in residential social services for children with mental disabilities. Citizens of old age and persons with disabilities who have partially or completely lost their self-service capacity and need constant outside care, out of the number of particularly dangerous recidivists and other persons released from places of deprivation of liberty which, under the current legislation, have established administrative supervision, as well as citizens of old age and persons with disabilities, previously convicted or repeatedly convicted of administrative responsibility for violation of public order, carrying out vagrancy and begging, which are sent from the agencies of the internal affairs agencies, and in the absence of medical contraindications, and on their personal request, they are accepted for social services in special residential social services in order, by the executive authorities of the constituent entities of the Russian Federation. (In the wording of Federal Law No. N 122-FZ) Citizens of the elderly and disabled persons living in residential care institutions and permanently violating the Regulations on the establishment of social services, may be transferred to special residential social service institutions if they so wish, or by a court decision taken on the basis of a submission made by the administration of these institutions. Article 21. The responsibilities of the administration of the fixed social service institution The administration of the static social service institution must: respect human and civil rights; Ensure the integrity of the person and the safety of older persons and persons with disabilities; Inform citizens of old age and persons with disabilities living in a residential social service institution of their rights; perform the functions of guardians and custodians as assigned to it Citizens of old age and persons with disabilities who are in need of tutorship or guardianship; to carry out and develop educational activities, organize leisure and cultural services for the elderly and persons with disabilities; provide citizens of old age and persons with disabilities who live in a residential social service institution with the possibility of using telephone and postal services for payment in accordance with applicable tariffs; Spouses of spouses living in a social institution Services for older persons and persons with disabilities to live in an isolated residential environment; to ensure that visitors can easily receive visitors both on weekends and on holidays and on working days Evening; to protect the personal effects and values of older persons and persons with disabilities; to perform other functions established by the legislation in force. Article 22. Emergency social services 1. Urgent social services are provided to provide emergency assistance to elderly citizens and persons with disabilities who are in dire need of social support. 2. An urgent social service may include the following social services: (Federal Act of 22.08.2004 N 122-FZ ) 1) provision of free hot food or food kits; 2) providing clothing, footwear and other necessities; 3) Assistance; (4) assistance in obtaining temporary accommodation; 5) Organization of Legal Aid for Protection of Serviceable Persons; 6) Emergency Medical and Psychological Support the recruitment of psychologists and clergymen and the provision of For these purposes, additional telephone numbers; 7) other urgent social services. 3.(Spconsumed by Federal Law of 22.08.2004) N 122-FZ) Article 23. Social-Advisory Help 1. Social counselling for older persons and persons with disabilities is aimed at adapting them to society, reducing social tensions, creating favourable relationships within the family, as well as ensuring the interaction of the individual, the family and society and States. 2. Social counselling for older persons and persons with disabilities is aimed at psychological support, intensification of efforts to solve their own problems and provides: 1) identification of persons in need of socio-counselling; 2) prevention of various kinds of social and psychological disorders; 3) working with families in which older persons and persons with disabilities live, organize their leisure activities; 4) Advice on the training, orientation and employment of persons with disabilities; 5) to coordinate the activities of State institutions and public associations to address the problems of older persons and persons with disabilities; 6) legal aid within the competence of the social services (c) Other measures to promote healthy relationships and create an enabling social environment for older persons and persons with disabilities. 3.(Spconsumed by Federal Law of 22.08.2004) N 122-FZ) Article 24. Payment of home, semi-fixed, and fixed social services in public welfare institutions service Order and conditions Free domestic, semi-permanent and permanent social services, as well as full or partial payment, are established by the executive authorities of the constituent entities of the Russian Federation. in the wording of the Federal Law from 22.08.2004. N 122-FZ) Chapter IV Social Services Organization of the elderly and disabled citizens Article 25. The system of social services for the citizens of the elderly and disabled persons The system of social services for older persons and persons with disabilities is based on the use and development of all forms of ownership and consists of State and non-State social service sectors. (In the wording of Federal Law of 22.08.2004) N 122-FZ) Article 26.(Unused-Federal Law of 22.08.2004) N 122-FZ) Article 27.(Unused-Federal Law of 22.08.2004) N 122-FZ) Article 28.(Spil-off Federal Law of 22.08.2004) N 122-FZ) Article 29.(Spconsumed by force-Federal Law of 22.08.2004) N 122-FZ) Article 30. Social Services Institutions 1. Social service institutions are legal entities and carry out their activities in accordance with the legislation of the Russian Federation. 2. State social services institutions are not subject to privatization and cannot be reprofiled with other activities. (Article in the wording of Federal Law from 22.08.2004. N 122-FZ) Article 31. The main sources of funding for the system Social Services for Seniors ages and Disabled 1. The budgets of the constituent entities of the Russian Federation are the main source of financing of the public sector in the system of social services for older persons and persons with disabilities. 2. Additional extra-budgetary sources of funding for social services for older persons and persons with disabilities are: 1) funds from trust funds; 2) loans from banks and funds Other creditors; 3) income from entrepreneurial and other gainful activities of enterprises, institutions and organizations of the social protection system carried out in accordance with the legislation of the Russian Federation; 4) Revenue from securities; 5) (c) Old-age and disabled persons as payment for social services; 6) charitable contributions and donations; 7) other sources not prohibited by law. 3. Cash, including those in bank accounts, as well as funds from the disposal of older persons and persons with disabilities who lived and died in stationary social service institutions that did not leave the will who have heirs, are State-owned, and may be directed towards the development of social services. Control over the targeted expenditure of the said funds is carried out by the social protection agencies. 4. Cash, including those in bank accounts, as well as funds from the disposal of the property of single elderly and disabled persons who were not served in the residential social services and in the deceased. The will and the unheirs of the heirs are the property of the state and can be directed to the development of social services. (Article in the wording of Federal Law from 22.08.2004 N 122-FZ) Article 32.(Spil-off Federal Law of 22.08.2004) N 122-FZ) Article 33. Non-State social service sector service Non-State social service sector unites social service institutions whose activities are based on a non-State form property, as well as persons engaged in private activities in the field of social services. The non-State sector of social services includes voluntary associations, including professional associations, charitable and religious organizations, whose activities relate to the social services of citizens Age and disability. (In the wording of Federal Law of 22.08.2004) N 122-FZ) Activities of subjects of the non-governmental social services sector are carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation. Chapter V. Professional activities in the field of social welfare for the elderly and disabled persons Article 34. The right to professional activity in the sphere of social services (Part One is excluded-Federal Law dated 10.01.2003 N 15-FZ ) The right to professional activities in the field of social services for older persons and persons with disabilities is provided by citizens of the Russian Federation, foreign nationals and stateless persons who have received higher education. Professional or secondary vocational education or training in educational establishments of the Russian Federation.(Part Two is considered as part one of the federal law dated 10.01.2003 N 15-FZ) (Parts 3 and 4 are excluded-Federal Law of 10 January 2003) N 15-FZ ) Citizens who do not have training may be employed in basic social services on the terms of a labour contract negotiated with the social services of the population, or Social services institutions.(Part 5 is considered part two of the Federal Law of 10 January 2003). N 15-FZ) Article 35. Right to professional private social service activities (In the revision of Federal Law dated 10.01.2003 N 15-FZ) The right to professional private activities in the field of social services is provided by citizens registered as sole proprio entrepreneurs or social service institutions. (In the wording of the Federal Law of 10 January 2003, N 15-FZ (Part Two is excluded-Federal Law of 10.01.2003) N 15-FZ) Supervision of social services in the non-governmental sector is monitored in accordance with article 37, paragraph 3, of this Federal Act. class="ed"> (Part Three as part of the second edition of the Federal Law of 10.01.2003) N 15-FZ) Article 36. Social support measures for social workers Measures of social support for social workers employed in the public sector of social services shall be carried out in accordance with the laws and other regulations. By the normative legal acts of the constituent entities of the Russian Federation. (Article in the wording of the Federal Law 22.08.2004 N 122-FZ Chapter VI. Control of social work for the elderly and disabled persons Article 37. The monitoring of the supply of social services Supervision of the provision of social services in the public sector of social services is carried out in the order, OF THE PRESIDENT OF THE RUSSIAN FEDERATION href=" ?docbody= &prevDoc= 102036914&backlink=1 & &nd=102088491 "target="contents" title= " "> from 22.08.2004. N 122-FZ) Article 38. Protection of the rights of older persons and persons with disabilities and liability for violation of the legislation of the Russian Federation on social services for the elderly and disabled citizens Actions or Inaction by public authorities, enterprises, institutions and organizations, regardless of the form of ownership, as well as officials that have led to violations of the rights of older persons and persons with disabilities in the field of social services, can be appealed to court. Violation of the Russian Federation's legislation on social services for older persons and persons with disabilities entails criminal, civil and administrative liability under Russian law. THE RUSSIAN FEDERATION Chapter VII. The procedure for the introduction of this Federal Law Article 39. The President of the Russian Federation and the Government of the Russian Federation shall, within three months, bring their normative legal acts into conformity with this Federal Law. Article 40. This law shall enter into force on the date of its official publication. President of the Russian Federation HELD Moscow, Kremlin 2 August 1995 N 122-FZ