442 Federal Law on social services for elderly citizens and disabled people. Free and preferential social assistance

Explanatory note
to the draft bill on amendments to
Federal Law of December 28, 2013 N 442-FZ
« On the basics of social services for citizens
In Russian federation"

(as amended on October 20, 2014)

Federal Law No. 442-FZ of December 28, 2013 “On the fundamentals of social services for citizens in the Russian Federation,” according to its Article 37, comes into force on January 1, 2015.

As is clear from the explanatory notes and comments to it, the provisions of the Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation” systematize and regulate the actual practice of organizing social services for the population in the constituent entities of the Russian Federation.

At the same time, Federal Law No. 442 introduces unconstitutional norms that infringe on the inviolability of private life and the inviolability of the home (Part 1, Article 23 of the Constitution of the Russian Federation, Parts 1, 2, Article 137 of the Criminal Code of the Russian Federation), allowing arbitrary interference in family affairs (Article 1 of the Family Code of the Russian Federation), and, in addition, beyond the scope of the legal regulation of this Law, stated in its articles 1-3.

1. In article 3 « Basic concepts used in this Federal Law”, the concept of prevention is given:

“6) prevention of circumstances that determine the need for social services - a system of measures aimed at identifying and eliminating the causes that served as the basis for the deterioration of citizens’ living conditions, reducing their ability to independently provide for their basic life needs.”

Article 29 of the Federal Law No. 442 establishes that the prevention of circumstances that determine a citizen’s need for social services, including, is carried out by “ examinationsconditionslife activity of a citizen, determining the reasons,influencing the deterioration of these conditions".

The law does not indicate that the relevant authorities should begin preventive measures after a citizen applies for any help to the social service authorities. Consequently, the bodies of interdepartmental interaction, in accordance with the adopted law, will have the right to enter homes, conduct an “inspection”, “identify the causes” even before the occurrence of circumstances giving the right to social services, which can be regarded in no other way than “collection, storage, use and dissemination of information about a person’s private life without his consent”, and this is directly prohibited by Part 1 of Article 24 of the Constitution of the Russian Federation.

The validity of such fears is confirmed by the statement of Nelly Strutinskaya, Commissioner for Children’s Rights in the Komi Republic : “I believe that any family (not only at social risk) should be under the close attention of the relevant authorities in order to provide timely assistance ( http://www.kzsrk.ru/news/3901/).

Meanwhile, in article 15 « Recognition of a citizen in need of social services” there is not a single specific circumstance that could be prevent by means of the measure specified in subparagraph 1, paragraph one of Article 29. It is impossible by examining living conditions to prevent old age, disability, illness, loneliness, orphanhood, poverty, unemployment, lack of a specific place of residence, neglect, conflicts, abuse, difficulties in social adaptation.

To prevent these circumstances specified in the law, which are the basis for providing a citizen with social services, a set of measures is necessary in the field of economics, culture, education, medicine, safety precautions and others. However, the conclusion of the Government of the Russian Federation states that this law does not require additional funding, which means that funding “for prevention” is not included in the new law.

The danger of the proposed norm is obvious: under a plausible pretext, total control over citizens is introduced in order to increase the coverage of the population with social services, and, consequently, to obtain more funding for organizations providing these services. It is clear that the state cares not so much about the recipients of social services, but about the providers of social services.

The bill proposes to exclude subparagraph 1 of paragraph one of Article 29 from Federal Law No. 442.

2. Subparagraph 5 of paragraph one of Article 15 “Recognition of a citizen in need of social services” will also contribute to total control over the population, which, as a circumstance that worsens or can worsen the living conditions of a citizen, entailing the need for social services, indicates

“5) the presence of intra-family conflict, including with persons with drug or alcohol addiction, persons addicted to gambling, persons suffering from mental disorders, and the presence of domestic violence.”

But " hthrough overcoming variousconflicts In family interaction, both spouses and children develop the ability to overcome life’s difficulties, as well as the ability to bear responsibility for their behavior in the family and in society. There are no conflict-free families, because...conflicts inevitably arise in the dynamics of marital and parent-child relationships. Without them, the development of the individual and the family as a whole is impossible. Family well-being does not depend on the absenceconflicts , but from developing the ability to overcome them and cope with them in all family members. It should be concluded that there are conflicts with any family. Conflicts can both aggravate crises and resolve them, but social services should not interfere in them, because No measures taken by social workers can reduce conflict in the family, and outside intervention can only increase it.”(from the opinion of expert psychologist, Candidate of Psychological Sciences Kunitsa M.Yu).

In themselves, “conflicts” in the family, even with antisocial persons, cannot be the object of attention of anyone other than the parties to the conflict. But drug and alcohol addiction, gambling addiction, and mental illness cannot be eliminated by social service measures regulated in Federal Law 442; patients need treatment. In addition, medical diagnoses of diseases that citizens suffer from are medical secrets (Article 13 of the Law of November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”), protected by laws, including Article 137 of the Criminal Code of the Russian Federation (violation of privacy), Article 10 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”. Dissemination of information about diseases by family members without the consent of the patient in the absence of any threat to the life and health of others may also be punishable by law. At the same time, neither the patient himself nor his family members are deprived of the opportunity, if necessary, to seek medical help from the appropriate organizations.

The concept of violence is not deciphered in the article, which carries the risk of a broad interpretation of the law and violation of the rights of citizens. Meanwhile,

« In the psychological, pedagogical and forensic literature there are several classifications of various types of violence.

Psychological violence in the family is considered to be any requirement or rule that is fulfilled without desire, as well as everything that leads to coercion and submission - forced execution of the will of another person. In the family, in marital and child-parent relationships, situations inevitably arise that require the fulfillment of family and social norms, rules and agreements, which are often carried out unwillingly, forcedly or through concessions and compromises.

In each family, depending on cultural, spiritual traditions, family rules brought by spouses from parental relationships into their family, one of them takes on the role of head of the family and establishes new rules by which the married couple lives and is raised
children. Raising children is built on demands, concessions, compromises, rewards and punishments and is based on the formation of responsibility in all family members through overcoming marital and child-parent conflicts and submission to family authorities (father and mother).”(from the same expert report) .

Thus, psychological violence should be excluded from the scope of Federal Law No. 442, as it poses a potential threat to interference in family relationships by interdepartmental cooperation bodies.

Since physical or sexual violence in the family may constitute circumstances requiring social services, for example in the form of shelter for mother and child, subparagraph 5 of paragraph one of Article 15 should be stated in a different wording, leaving them among the circumstances that worsen or may worsen the living conditions of a citizen.

3. As excessive and unjustified, contrary to paragraph two of Article 3, endlessly expanding the scope of interference in the personal space of a citizen, subparagraph 8 of paragraph one of Article 15 is subject to exclusion, since not every deterioration in a citizen’s living conditions (for example, a decrease in wages, a decrease in living space, etc.) is directly related to the inability to independently provide for one’s basic living needs and requires the provision of social services.

The implementation from January 1, 2015 of these norms, which allow intrusion into a home and collection of information about private life without the consent and application of a citizen, or without a court decision, for “prevention purposes,” will entail a massive violation of the rights of citizens. Whereas article 55 The Constitution of the Russian Federation provides.

On January 1, 2015, the Federal Law of December 28, 2013 came into force. No. 442-FZ “On the fundamentals of social services for citizens in the Russian Federation” (hereinafter referred to as Federal Law No. 442-FZ)

According to Federal Law No. 442-FZ, social services are provided to recipients in the following forms:

Inpatient social services;

Semi-stationary social services

Social services at home.

To receive social services, a citizen or his legal representative must submit an application in writing or electronically.

The application can be submitted at the place of registration in:

Social protection authority at the place of residence (registration);

Multifunctional Center;

Portal of state and municipal services.

The following documents are provided along with the application:

1 Passport or other identification document;

2 Document confirming place of residence in the Moscow region;

3 Documents confirming the income of the citizen and family members in cash;

4 Extract from the house register;

5 Extract from financial personal account

6 Certificate from a medical organization about the citizen’s health status;

7 Individual rehabilitation program for a disabled person (only for disabled people and disabled children).

Within 5 working days from the moment a citizen submits an application, the Commission for Recognizing Citizens in Need of Social Services makes one of the following decisions:

Recognize those in need of social services;

Refuse to recognize those in need of social services.

After recognizing a citizen as needing social services, the social protection authority at the place of residence draws up and transfers to the citizen or his legal representative within no more than 10 working days from the date of filing the application an individual program for the provision of social services (IPSSU), which indicates the types of social services, and also recommended social service providers.

An agreement on the provision of social services is concluded within 24 hours from the moment a citizen or his legal representative contacts a social service provider.

1. Minor children;

4. Women in crisis.

1. Minor children;

2. Persons affected by emergency situations, armed ethnic conflicts;

3. Legal representatives of disabled children;

4. Citizens whose average per capita income is lower than or equal to the established subsistence minimum per capita established in the Moscow region.

1. Minor children;

2. Persons affected by emergency situations, armed ethnic conflicts;

3. Single disabled people (single married couples), single elderly citizens (single married couples) from among: disabled people of the Great Patriotic War or participants of the Great Patriotic War, spouses of deceased disabled people or participants of the Great Patriotic War, former minor prisoners of fascism, persons awarded the badge “Resident of besieged Leningrad”, persons awarded the medal “For the Defense of Moscow”, Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory, Heroes of Socialist Labor, Heroes of Labor of the Russian Federation and full holders of the Order of Labor Glory, disabled combatants;

4. Legal representatives of disabled children;

5. Citizens whose average per capita income is lower than or equal to the established subsistence minimum per capita established in the Moscow region.

Inpatient social services:

1. Veterans of the Great Patriotic War and persons equivalent to them - no more than 50% of the average per capita income of the recipient of social services;

Semi-stationary social services:

4. 30% of the cost of services provided - to citizens with an average per capita income from two and a half times to three times the subsistence level; 5. for recipients with an average per capita income over three times the subsistence level, payment is established in the amount of the full cost of the social services provided.

Social services at home:

1. 10% of the cost of services provided - to citizens who are veterans of the Great Patriotic War and persons equivalent to them;

2. 10% of the cost of services provided - to citizens with an average per capita income from one and a half to two times the subsistence level;

3. 20% of the cost of services provided - to citizens with an average per capita income from two to two and a half times the subsistence level;

4. 30% of the cost of services provided - to citizens with an average per capita income from two and a half times to three times the subsistence level; For recipients with an average per capita income over three times the subsistence level, payment is established in the amount of the full cost of the social services provided.

2) persons affected by emergency situations and armed interethnic conflicts.

2. Social services in the form of social services at home and in the semi-stationary form of social services are provided free of charge if, on the date of application, the average per capita income of the recipient of social services, calculated in accordance with the regulatory legal acts of the Russian Federation, is below the maximum value or equal to the maximum value of the average per capita income for the provision social services free of charge, established by the law of the constituent entity of the Russian Federation.

3. Regulatory legal acts of the constituent entities of the Russian Federation may provide for other categories of citizens to whom social services are provided free of charge.

4. The procedure for determining the average per capita income for the provision of social services free of charge for the purposes of this Federal Law is established by the Government of the Russian Federation.

5. The size of the maximum per capita income for the provision of social services free of charge is established by the laws of the constituent entity of the Russian Federation and cannot be lower than one and a half times the subsistence minimum established in the constituent entity of the Russian Federation for the main socio-demographic groups of the population.

Judicial practice under Article 31 of the Federal Law of December 28, 2013 No. 442-FZ

Resolution No. 44G-80/2018 4G-1059/2018 of October 24, 2018 in case No. 44G-80/2018

Resolution No. 44G-79/2018 4G-1058/2018 of October 24, 2018 in case No. 44G-79/2018

Smolensk Regional Court (Smolensk region) - Civil and administrative

Services in accordance with the List of social services provided, which is an integral part of the contract, and the latter - to pay the fee established by the contract for the social services provided. The contract is valid until 31. 12.2017 (ld. 5-6). Clauses 2.1, 2.3 of the agreement provide that the total amount of payment paid monthly by the recipient of social services is determined based on the amount of payment...

Resolution No. 44G-81/2018 4G-1060/2018 of October 24, 2018 in case No. 44G-81/2018

Smolensk Regional Court (Smolensk region) - Civil and administrative

Resolution of October 16, 2018 in case No. A21-365/2018

Thirteenth Arbitration Court of Appeal (13 AAC)

They can be provided free of charge, so the Foundation had no legal basis for the release of Pelykh M.A. from payment of social services. In accordance with Part 1 of Article 31 of Law No. 442-FZ, social services in the form of social services at home, semi-stationary and stationary forms of social services are provided free of charge: 1) to minor children; 2) persons injured in...

Decision No. 2-1-677/2018 2-1-677/2018~M-1-596/2018 M-1-596/2018 dated September 24, 2018 in case No. 2-1-677/2018

Mtsensky District Court (Oryol region) - Civil and administrative

NGO “Ivanovo special boarding house for the elderly and disabled” from September 20, 2010 to the present. Between the parties, from January 1, 2015 to December 31, 2017, an individual program No. was signed for the provision of social services with the subsequent conclusion of an agreement on the provision of social services for a period until December 31, 2017. Currently...

Decision No. 2-1175/2018 of September 21, 2018 in case No. 2-870/2017~M-887/2017

Leningradsky District Court (Krasnodar Territory) - Civil and administrative

It is calculated on the basis of tariffs for social services, but cannot exceed 75 percent of the average per capita income of the recipient of social services, calculated in accordance with Part 4 of Article 31 of this federal law. Norms similar to the provisions of Part 4 of Article 32 of the Federal Law of December 28, 2013 No. 442-FZ are contained in Part 4 of Article 7 of the Law of Krasnodar...

Decision No. 2-2507/2018 2-2507/2018~M-2525/2018 M-2525/2018 dated September 17, 2018 in case No. 2-2507/2018

Zheleznodorozhny District Court of Khabarovsk (Khabarovsk Territory) - Civil and administrative

In the inpatient form, social services are provided to their recipients for a fee or partial payment, with the exception of recipients of social services specified in parts 1 and 3 of Article 31 of this Federal Law. By virtue of Part 4 of Art. 32, part 4 art. 31 of Federal Law No. 442-FZ, the amount of the monthly fee for the provision of social services in a stationary form...

Decision No. 2-2231/2018 2-2231/2018~M-1992/2018 M-1992/2018 dated July 18, 2018 in case No. 2-2231/2018

Leninsky District Court of Omsk (Omsk Region) - Civil and administrative

Its provision in accordance with this Federal Law cannot be higher than the amount of payment for the provision of relevant social services to these persons established as of December 31, 2014, and the conditions for the provision of relevant social services cannot be worsened compared to the conditions established as of December 31, 2014. Article 19...

Social services for the population in the Russian Federation are regulated by Federal Law. It defines the legal and economic aspects of this issue, as well as the powers of federal and regional government bodies in this area. The rights and obligations of recipients and providers of relevant services are prescribed, as well as those categories of persons to whom this law applies.

Federal Law 195 Federal Law “On the Fundamentals of Social Services for the Population in the Russian Federation,” which was previously in force in this area, lost force with the adoption of the new law. Federal Law 442 was approved on December 28, 2013, came into force on January 1, 2015, and from that moment Federal Law 195 ceased to apply.

The current Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation” retains the succession of the previous document, but significantly expands the list of issues under consideration. Structurally, Federal Law 442 contains the following chapters:

general provisions of the document;
powers of federal and regional authorities;
rights and obligations of recipients of legally regulated services;
rights, obligations, as well as compliance with information transparency of suppliers;
provision of social services, its organization, forms and types of services;
financing the system of services provided and the conditions for their payment by citizens;
state and public supervision and control.

In accordance with the general provisions, Federal Law 442 defines the following principles of provision services required by the population:

respect for human rights;
humanity;
respect for human dignity and honor;
equal and free access of citizens to social services;
targeting;
proximity of suppliers to the place of residence of citizens;
formation of a sufficient number of suppliers to meet the needs of the population;
creating a familiar and favorable environment for people;
voluntary use of the services provided;
privacy and .

By Article 19 Federal Law 442 social services are provided at home, semi-permanently or in stationary form. In the first case, the supplier arrives at the place of residence of the applicant. Semi-stationary services imply the ability to access them during certain operating hours of the institution. Stationary is the residence of the recipient on the territory of the institution providing the services provided.

Types of social services under Article 20 of Federal Law 442 are defined by the following categories:

household services aimed at supporting the livelihoods of citizens in housing matters;
medical oriented towards ensuring and maintaining public health;
psychological, ensuring adaptation to society and a comfortable state of citizens;
pedagogical aimed at helping to organize the development of children and eliminate deviations in their behavior and adaptation to society;
labor solving problems with employment;
legal providing legal assistance;
communicative, helping to establish contacts for those citizens who are limited in their life activities.

Types of social services include: urgent help in emergency and emergency situations.

Also in the Russian Federation there is a Federal Law on social services for elderly citizens and people with disabilities. You can find out more about this law

Download 442 Federal Law

Download Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation” 442-FZ Can . The document is presented in the latest edition with changes current as of August 2014. The text can be used by human rights activists, officials, as well as citizens studying their rights and responsibilities in depth.

Last changes

Changes to the Social Services Law were made only once - July 21, 2014 years, and entered into force together with the general text of the document January 1, 2015. The amendments affected the following provisions:

part 1 Art. 7 And article 8 accordingly, clauses 7.1 and 24.1 were supplemented with the same content: “ creating conditions for organizing an independent assessment of the quality of service provision by social service organizations»;
V article 13 Law 442 Federal Law, Part 2, introduced clause 12.1 on conducting an independent assessment of the quality of service provision; Part 4 was introduced on ensuring the technical ability for citizens to express their opinions on quality on official websites;
added to the law Article 23.1.

Specified Article 23.1 Federal Law 442 regulates the organization and procedure for conducting an independent assessment of the quality of social services provided. This is defined as one of the forms of public control over the implementation of the provisions of the law. The evaluation criteria define the following principles:

openness and accessibility of information;
comfortable conditions;
availability of required services;
waiting time for social services;
friendliness, politeness and competence of employees;
citizen satisfaction with the services received.

An independent assessment is carried out by an authorized federal, regional or municipal executive body. Control is carried out in accordance with the prescribed norms of the legislation of the Russian Federation.