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The procedure for the provision of social services under Federal Law 442. Let's understand the new law on social services

Law on the Fundamentals of Social Services in the Russian Federation of December 28, 2013 N 442-FZ Adopted State Duma December 23, 2013 and comes into force January 1, 2015. This law is intended to replace the old laws dated August 2, 1995 N 122-FZ "On social services for elderly citizens and disabled people" and dated December 10, 1995 N 195-FZ "On the fundamentals of social services for the population in the Russian Federation", which, respectively, from 1 January 2015 will become invalid.

In accordance with the new law in the field of social In providing services to the population, emphasis is placed on prevention and an individual approach.

The law prescribes the principles, conditions and procedure for provision, as well as the composition and content social services. The grounds for recognizing citizens as needing social services are determined. This is the presence of circumstances that worsen or may worsen a person’s living conditions. For example, partial or complete loss of the ability to self-care and/or move; the presence in the family of a disabled person who needs constant care; intra-family conflicts; violence in family; homelessness of minors; lack of a specific place of residence, work and means of subsistence.

The law does not contain the concept of “difficult life situation,” as was previously established by the 1995 Law “On the Fundamentals of Social Services for the Population.” Instead, the circumstances under which citizens are recognized as in need of social services are clearly established (Article 15 of the Law):

Complete or partial loss of the ability or ability to provide self-care, move independently, or provide basic life needs due to illness, injury, age or disability;
The presence in the family of a disabled person or disabled people, including a disabled child or disabled children who need constant outside care;
The presence of a child or children (including those under guardianship or guardianship) experiencing difficulties in social adaptation;
Lack of opportunity to provide care (including temporary care) for a disabled person, child, children, as well as lack of care for them;
The presence of intra-family conflict, including with persons with drug or alcohol addiction, persons addicted to gambling, persons suffering from mental disorders, the presence of domestic violence;
Absence of a specific place of residence, including for a person who has not reached the age of twenty-three and has completed his stay in an organization for orphans and children without parental care;
Lack of work and livelihood;
The presence of other circumstances that are recognized by the regulatory legal acts of the constituent entity of the Russian Federation as worsening or capable of worsening the living conditions of citizens.

The basis for providing social service may be an application from the citizen himself, his legal representative, as well as other persons, for example, authorities and public associations.

Upon receipt of an application, the authorized body of a constituent entity of the Russian Federation makes a decision to recognize the citizen as in need of social services or to refuse social services within five working days from the date of filing the application. ABOUT the decision taken the applicant must be informed in writing or electronically. The decision to provide urgent social services is made immediately.

A decision to deny social services can only be appealed in court, since the law does not essentially provide for an administrative appeal procedure.

The law places emphasis on preventing citizens from needing social services. service.

In accordance with Art. 9 citizens are guaranteed the right to free visits by legal representatives, lawyers, notaries, representatives of public and (or) other organizations, clergy, as well as relatives and other persons during the day and evening. This is a significant difference from the law of August 2, 1995 N 122-FZ “On social services for elderly citizens and the disabled,” which did not stipulate evening hours, which led to a severe limitation of the time of visits by the administration of social institutions.

The principle of implementing social services based on individual need for social services. services. The latter can be provided, as before, in hospital, semi-inpatient conditions and at home.

The development of an individual program for the provision of social services is provided. services. This is one of the novelties of the law. An individual program is a document that specifies the form of social services, types, volume, frequency, conditions, terms for the provision of social services, a list of recommended providers of social services, as well as social support measures (Article 16).

In accordance with Art. 16. before providing social services. services, an Individual Program must be formed, which is a document that specifies:

form of social services, types, volume, frequency, conditions, terms of provision of social services,
list of recommended social service providers,
social support activities.

An individual program is drawn up based on the needs of a particular citizen for social services, and is revised depending on changes in this need, but at least once every three years. The revision of the individual program is carried out taking into account the results of the implemented individual program. An individual program for a citizen or his legal representative is of a recommendatory nature, but for a social service provider it is mandatory.

Just like the old law, the maximum amount of payment for social services is limited. services. At the same time, it is stipulated that the new conditions for the provision of social services. services should not worsen the situation of those currently entitled to them. In particular, this should not lead to an increase in fees for services for these persons.

The law provides that if the place of residence of the recipient of social services changes individual program, drawn up at the previous place of residence, remains valid, but within the scope of the list of social services established in the subject of the Russian Federation at the new place of residence. This is, to a certain extent, an important norm, since it at least somehow regulates the situation in cases of change of residence outside the subject - the region of the recipient of social benefits. help. Although it is difficult to call it sufficient due to too large a gap in the standard of living in different regions of the Russian Federation.

The concept of “social support” is introduced, which is understood as providing assistance to citizens, if necessary, in obtaining the necessary medical, psychological, pedagogical, legal, and social assistance.

Social support is carried out by attracting organizations providing such assistance on the basis of interdepartmental interaction in accordance with Article 28 of this Federal Law. Activities for social support are reflected in the individual program and, in the order of interdepartmental interaction, are carried out on the basis of the regulations for interdepartmental interaction, which determine the content and procedure for the actions of the authorities state power subject of the Russian Federation.

Based on the provisions of the above article, we can conclude that the system social support The law does not have clear regulation. Already at this stage, social service workers are expressing opinions that this greatly narrows the concept of social support down to simply issuing a referral or information on where the social assistance required by the recipient is provided.

When providing social services, it is now necessary to conclude an appropriate agreement on the provision of social services, concluded between the provider of social services and the citizen or his legal representative within 24 hours from the date of submission of the individual program to the provider of social services. (Article 17)

The essential terms of the contract for the provision of social services are the provisions determined by the individual program, as well as the cost of social services if they are provided for a fee or partial payment.

Without drawing up a contract, only urgent social services can be provided.

Urgent social services include:

Providing free hot meals or food packages;
Providing clothing, shoes and other basic necessities;
Assistance in obtaining temporary housing;
Assistance in obtaining legal assistance in order to protect the rights and legitimate interests of recipients of social services;
Assistance in obtaining emergency psychological assistance with the involvement of psychologists and clergy in this work;
Other urgent social services.

And in Art. 19 defines the basic conditions that must be met when providing social services in a semi-stationary form or in a stationary form must be ensured:

The ability to accompany the recipient of social services when moving around the territory of a social service organization, as well as when using the services provided by such an organization;
The ability to independently move around the territory of a social service organization, enter, exit and move within such an organization (including for movement in wheelchairs), for rest in a sitting position, as well as accessible placement of equipment and storage media;
Duplicating text messages with voice messages, equipping a social service organization with signs made in embossed dotted Braille, familiarizing them with inscriptions, signs and other text and graphic information on the territory of such an organization, as well as the admission of a sign language interpreter, the admission of guide dogs;
Duplication of voice information with text information, inscriptions and (or) light signals, informing about provided social services using Russian sign language (sign language interpretation), permission of a sign language interpreter;
Providing other types of outside assistance.

It is very important to specify such requirements in the law. However, it is unlikely that they will be fully implemented by the system of social service institutions in the coming years, given the state of hundreds of such institutions in regions where the authorities are not even able to bring them into a state that meets basic safety requirements. It seems that in this case a transition period is needed, otherwise the law will not be implemented due to the need for colossal material investments. In their absence the law will be dead

To provide social services will be attracted by non-governmental organizations. Both commercial and non-commercial. Public control is being introduced in the social sphere. service. A social service provider can be any entity regardless of its organizational and legal form and (or) individual entrepreneur providing social services.

According to the new law, boards of trustees must be created in state social service organizations. The structure, procedure for formation, term of office, competence of the board of trustees and the procedure for making decisions are determined by the charter and on the basis of the approximate regulations on board of trustees social service organizations.

The composition of information on the results of an independent assessment of the quality of service provision by social service organizations and the procedure for posting it on the official website for posting information about state and municipal institutions on the Internet are determined by the federal executive body authorized by the Government of the Russian Federation.

Information about the result of the inspection is posted by local governments on their official websites and the official website for posting information about state and municipal institutions on the Internet.

Article 30 Establishes that the provider or providers of social services are paid compensation in the amount and in the manner determined by the regulatory legal acts of a constituent entity of the Russian Federation if a citizen receives social services provided for by an individual program. Compensation is paid only to social service providers who are included in the register of social service providers of a constituent entity of the Russian Federation, but do not participate in the implementation of the state order.

Article 34 introduces public control in the field of social services, which is carried out by citizens, public and other organizations in accordance with the legislation of the Russian Federation on the protection of consumer rights. State authorities of the constituent entities of the Russian Federation, within the established competence, provide assistance to citizens, public and other organizations in exercising public control in the field of social services.

Came into force on January 1, 2015 the federal law dated December 28, 2013 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:

Organ social protection population at 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 injured as a result 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 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. 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 lower limit value or equal to the maximum per capita income for the provision of social services free of charge, established by the law of the constituent entity of the Russian Federation.

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

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

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

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

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

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...

Decision No. 2-1568/2018 2-1568/2018~M-919/2018 M-919/2018 dated July 11, 2018 in case No. 2-1568/2018

Central District Court of Tolyatti ( Samara Region) - Civil and administrative

Social services are provided to their recipients in the form of social services at home, or in a semi-stationary form, or in a stationary form. In accordance with Part 1 of Art. 31 of the Federal Law of December 28, 2013 No. 442-FZ, social services in the form of social services at home, in semi-stationary and stationary forms of social services are provided free of charge: 1) ...

Decision No. 2-1061/2018 2-1061/2018 ~ M-438/2018 M-438/2018 dated June 19, 2018 in case No. 2-1061/2018

Bezhitsky District Court of Bryansk (Bryansk Region) - Civil and administrative

Bryansk boarding home for the elderly and disabled,” the previously established legal relationship for the provision of social services to the defendant by the plaintiff terminated, since the agreement on the provision of social services became invalid 31 . 12.2017. In addition, during his stay at the boarding school, the defendant systematically violated internal rules, was rude and insulted employees and residents. Based on the provisions of Articles 309, 310, ...