Federal law on disabled people in Russia. Department of Labor and Social Protection of the Population of the City of Sevastopol Federal Law of November 24, 1995 181 Federal Law

In Russia, support for people with disabilities is guaranteed by Federal Law 181, which is called “On the social protection of people with disabilities in the Russian Federation.” The law establishes what the state policy is in relation to this segment of society, through what measures the state ensures that people with disabilities are not discriminated against. It is worth talking about the main points and latest innovations of this Federal Law.

Who does the law protect?

Federal Law 181 “On the social protection of disabled people in the Russian Federation” defines a disabled person as a person who has suffered an illness or injury that led to limitations in their life activities. These very restrictions determine the need for social protection.

The Federal Law defines a disability as a person’s inability to move independently, communicate with others, and control behavior. Depending on the severity of the restrictions, a person is assigned a group; a medical and social examination is carried out to determine it. Group 1 speaks of the most severe injuries - accordingly, such persons can enjoy the greatest privileges.

List of material benefits for 2016

Federal Law 181 establishes the right to receive financial support from the state. Representatives of different groups from the beginning of February (that is, when benefits are indexed) will receive the following material payments:

1st group – 3357 rub.
2nd group – 2397 rub. (the same amount is due to disabled children (read about the increase in pensions for disabled children in 2016)).
3rd group – 1919 rub.

These cash payments are intended to replace benefits - they are added to the total pension amount. Simply put, now they will not provide medicines - you will have to buy them yourself with the money that the state transfers as an allowance.

The size of the pension also depends on the group. Representatives of the first group receive almost twice as much as the rest - 9,538 rubles (for the second and third, 4,769 rubles and 4,053 rubles, respectively). The pension increases if the recipient has dependents.

What about employment?

The “Law on Social Protection of Persons with Disabilities in the Russian Federation” states that the employment of persons with disabilities is the concern of government agencies. Subjects of the Russian Federation must establish a quota for hiring people with disabilities. According to Art. 21 Federal Law 181, quotas apply only to those organizations that employ more than 100 people. The quota for an enterprise is 2-4%, that is, per 100 employees there are at least 2 people with disabilities.

It must be said that a manager will not be severely punished for refusing to hire a person with disabilities: he faces an administrative fine of up to 3 thousand rubles.

What is habilitation?

One of the latest innovations in the law on social protection of disabled people was the appearance of the word “habilitation”. The term “habilitation” was introduced into legislation when amendments were made to the Federal Law of November 21, 2014. You should try hard to understand the difference between rehabilitation and habilitation: the law on disabled people, Federal Law 181, specifies that rehabilitation is the restoration of lost abilities for everyday and professional activities, and habilitation is the formation of abilities that were not previously there. It is believed that habilitation is relevant for children with health problems. That is, the law determines that a disabled child must be raised so as not to be aware of his inferiority.

This is not all that is written about in Federal Law 181 - it also regulates such aspects as obtaining housing and medical care. The law takes into account all areas of interest of people with disabilities, so as long as this Federal Law is in effect, they do not have to worry: their rights to social equality will be protected.

RUSSIAN FEDERATION

FEDERAL LAW ON SOCIAL PROTECTION OF DISABLED PERSONS IN THE RUSSIAN FEDERATION

State Duma

Approved

Federation Council

(as amended by Federal Laws of July 24, 1998 N 125-FZ,

From 04.01.1999 N 5-FZ, from 17.07.1999 N 172-FZ,

No. 78-FZ dated May 27, 2000, No. 74-FZ dated June 9, 2001,

From 08.08.2001 N 123-ФЗ, from 29.12.2001 N 188-ФЗ,

No. 196-FZ dated December 30, 2001, No. 57-FZ dated May 29, 2002,

No. 15-FZ dated January 10, 2003, No. 132-FZ dated October 23, 2003,

No. 122-FZ dated August 22, 2004 (as amended December 29, 2004), No. 199-FZ dated December 29, 2004,

From December 31, 2005 N 199-FZ)

This Federal Law determines the state policy in the field of social protection of disabled people in the Russian Federation, the purpose of which is to provide disabled people with equal opportunities with other citizens in the implementation of civil, economic, political and other rights and freedoms provided for by the Constitution of the Russian Federation, as well as in accordance with generally recognized principles and norms of international law and international treaties of the Russian Federation. The social protection measures for disabled people provided for by this Federal Law are expenditure obligations of the Russian Federation, with the exception of measures of social support and social services related to the powers of the state authorities of the constituent entities of the Russian Federation in accordance with the legislation of the Russian Federation.

(paragraph introduced by Federal Law dated August 22, 2004 N 122-FZ)

Chapter I. GENERAL PROVISIONS

Article 1. The concept of “disabled person”, grounds for determining the disability group

A disabled person is a person who has a health impairment with a persistent disorder of body functions, caused by diseases, consequences of injuries or defects, leading to limitation of life activity and necessitating his social protection.

Limitation of life activity - complete or partial loss of a person’s ability or ability to perform self-care, move independently, navigate, communicate, control one’s behavior, study and engage in work.

Depending on the degree of disorder of body functions and limitations in life activity, persons recognized as disabled are assigned a disability group, and persons under the age of 18 are assigned the category “disabled child.”

(as amended by Federal Law dated July 17, 1999 N 172-FZ)

Recognition of a person as disabled is carried out by the federal institution of medical and social examination. The procedure and conditions for recognizing a person as disabled are established by the Government of the Russian Federation.

Article 2. The concept of social protection of disabled people

Social protection of disabled people is a system of state-guaranteed economic, legal and social support measures that provide disabled people with conditions for overcoming, replacing (compensating) disabilities and aimed at creating equal opportunities for them to participate in the life of society with other citizens.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Social support for people with disabilities is a system of measures that provides social guarantees for people with disabilities, established by laws and other regulations, with the exception of pensions.

(Part two was introduced by Federal Law No. 122-FZ of August 22, 2004)

Article 3. Legislation of the Russian Federation on social protection of disabled people

The legislation of the Russian Federation on social protection of disabled people consists of the relevant provisions of the Constitution of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.

If an international treaty (agreement) of the Russian Federation establishes rules other than those provided for by this Federal Law, then the rules of the international treaty (agreement) apply.

Article 4. Competence of federal government bodies in the field of social protection of disabled people

The jurisdiction of federal government bodies in the field of social protection of disabled people includes:

1) determination of state policy regarding persons with disabilities;

2) adoption of federal laws and other regulatory legal acts of the Russian Federation on social protection of disabled people (including those regulating the procedure and conditions for providing disabled people with a single federal minimum of social protection measures); control over the implementation of the legislation of the Russian Federation on social protection of disabled people;

3) conclusion of international treaties (agreements) of the Russian Federation on issues of social protection of disabled people;

4) establishment of general principles of organization and implementation of medical and social examination and rehabilitation of disabled people;

5) defining criteria, establishing conditions for recognizing a person as disabled;

6) establishing standards for technical means of rehabilitation, means of communication and computer science, establishing norms and rules that ensure accessibility of the living environment for disabled people; determining appropriate certification requirements;

7) establishing a procedure for accreditation of organizations, regardless of organizational and legal forms and forms of ownership, carrying out activities in the field of rehabilitation of disabled people;

8) implementation of accreditation of enterprises, institutions and organizations located in the federal

Properties carrying out activities in the field of rehabilitation of disabled people;

(as amended by Federal Law No. 15-FZ of January 10, 2003)

Resolution of the Government of the Russian Federation dated December 29, 2005 N 832 approved the federal target program “Social support for disabled people for 2006 - 2010”.

9) development and implementation of federal target programs in the field of social protection of disabled people, monitoring their implementation;

10) approval and financing of the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person;

(Clause 10 as amended by Federal Law dated August 22, 2004 N 122-FZ)

11) creation of federal institutions of medical and social expertise, monitoring their activities;

(Clause 11 as amended by Federal Law No. 122-FZ of August 22, 2004)

12) has become invalid. - Federal Law of August 22, 2004 N 122-FZ;

13) coordination of scientific research, financing of research and development work on the problems of disability and people with disabilities;

14) development of methodological documents on issues of social protection of disabled people;

15) has become invalid. - Federal Law of August 22, 2004 N 122-FZ;

16) assistance in the work of all-Russian public associations of disabled people and providing them with assistance;

17) - 18) are no longer valid. - Federal Law of August 22, 2004 N 122-FZ;

19) formation of federal budget indicators for expenditures on social protection of disabled people;

20) establishment of a unified system for registering disabled people in the Russian Federation, including disabled children, and organizing, on the basis of this system, statistical monitoring of the socio-economic situation of disabled people and their demographic composition.

(Clause 20 introduced by Federal Law dated July 17, 1999 N 172-FZ)

Article 5. Participation of state authorities of the constituent entities of the Russian Federation in ensuring social protection and social support for people with disabilities

(as amended by Federal Law dated December 31, 2005 N 199-FZ)

State authorities of the constituent entities of the Russian Federation in the field of social protection and social support for disabled people have the right:

1) participation in the implementation of state policy regarding people with disabilities in the territories of the constituent entities of the Russian Federation;

2) adoption, in accordance with federal laws, of laws and other regulatory legal acts of the constituent entities of the Russian Federation;

3) participation in determining priorities in the implementation of social policy regarding people with disabilities in the territories of the constituent entities of the Russian Federation, taking into account the level of socio-economic development of these territories;

4) development, approval and implementation of regional programs in the field of social protection of disabled people in order to provide them with equal opportunities and social integration into society, as well as the right to monitor their implementation;

5) exchange information with authorized federal executive bodies on the social protection of disabled people and on the provision of social support to them;

6) providing additional measures of social support to people with disabilities from the budgets of the constituent entities of the Russian Federation;

7) promoting the employment of disabled people, including stimulating the creation of special jobs for their employment;

8) carrying out activities for training personnel in the field of social protection of disabled people;

9) financing scientific research, research and development work in the field of social protection of disabled people;

10) assistance to public associations of disabled people.

Article 6. Liability for causing harm to health leading to disability

For causing harm to the health of citizens resulting in disability, the persons responsible for this bear material, civil, administrative and criminal liability in accordance with the legislation of the Russian Federation.

Chapter II. MEDICAL AND SOCIAL EXAMINATION

Article 7. The concept of medical and social examination

Medical and social examination is the determination, in the prescribed manner, of the needs of the examined person for social protection measures, including rehabilitation, based on an assessment of the limitations in life activity caused by a persistent disorder of body functions.

Medical and social examination is carried out on the basis of a comprehensive assessment of the state of the body based on the analysis of clinical, functional, social, professional, labor, and psychological data of the person being examined using classifications and criteria developed and approved in the manner determined by the Government of the Russian Federation.

Article 8. Federal institutions of medical and social examination

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Medical and social examination is carried out by federal institutions of medical and social examination, subordinate to the authorized body determined by the Government of the Russian Federation. The procedure for organizing and operating federal institutions of medical and social expertise is determined by the Government of the Russian Federation.

Federal medical and social examination institutions are responsible for:

(as amended by Federal Laws dated October 23, 2003 N 132-FZ, dated August 22, 2004 N 122-FZ)

1) establishing disability, its causes, timing, time of onset of disability, the need of a disabled person for various types of social protection;

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

2) development of individual rehabilitation programs for disabled people;

3) study of the level and causes of disability of the population;

4) participation in the development of comprehensive programs for the rehabilitation of disabled people, disability prevention and social protection of disabled people;

(Clause 4 as amended by Federal Law dated October 23, 2003 N 132-FZ)

5) determination of the degree of loss of professional ability to work;

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

6) determining the cause of death of a disabled person in cases where the legislation of the Russian Federation provides for the provision of social support measures to the family of the deceased.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

The decision to establish a medical and social examination is mandatory for execution by the relevant government bodies, local government bodies, as well as organizations, regardless of organizational, legal forms and forms of ownership.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Chapter III. REHABILITATION OF DISABLED PERSONS

Article 9. Concept of rehabilitation of disabled people

Rehabilitation of disabled people is a system and process of full or partial restoration of the abilities of disabled people for everyday, social and professional activities. Rehabilitation of disabled people is aimed at eliminating or, as fully as possible, compensating for life limitations caused by health problems with persistent impairment of body functions, for the purpose of social adaptation of disabled people, their achievement of financial independence and their integration into society.

The main areas of rehabilitation of disabled people include:

Restorative medical measures, reconstructive surgery, prosthetics and orthotics, spa treatment;

Vocational guidance, training and education, assistance in employment, industrial adaptation;

Social-environmental, socio-pedagogical, socio-psychological and sociocultural rehabilitation, social and everyday adaptation;

Physical education and recreation activities, sports.

The implementation of the main directions of rehabilitation of disabled people involves the use of technical means of rehabilitation by disabled people, the creation of the necessary conditions for unhindered access of disabled people to objects of engineering, transport, social infrastructure and the use of means of transport, communication and information, as well as providing disabled people and members of their families with information on the rehabilitation of disabled people.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Article 10. Federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

The state guarantees disabled people the implementation of rehabilitation measures, the receipt of technical means and services provided for by the federal list of rehabilitation measures, technical means of rehabilitation and services provided to the disabled person at the expense of the federal budget.

The federal list of rehabilitation measures, technical means of rehabilitation and services provided to disabled people is approved by the Government of the Russian Federation.

Article 11. Individual rehabilitation program for a disabled person

Individual rehabilitation program for a disabled person - developed on the basis of a decision of the authorized body that manages federal institutions of medical and social expertise, a set of optimal rehabilitation measures for a disabled person, including certain types, forms, volumes, terms and procedures for the implementation of medical, professional and other rehabilitation measures, aimed at restoring, compensating for impaired or lost body functions, restoring, compensating for the abilities of a disabled person to perform certain types of activities.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

An individual rehabilitation program for a disabled person is mandatory for execution by the relevant government bodies, local government bodies, as well as organizations, regardless of organizational, legal forms and forms of ownership.

An individual rehabilitation program for a disabled person contains both rehabilitation measures provided to a disabled person with an exemption from payment in accordance with the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person, and rehabilitation measures, the payment for which is paid for by the disabled person himself or other persons or organizations independently. on organizational and legal forms and forms of ownership.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

The volume of rehabilitation measures provided for by the individual rehabilitation program for a disabled person cannot be less than that established by the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

An individual rehabilitation program is of a recommendatory nature for a disabled person; he has the right to refuse one or another type, form and volume of rehabilitation measures, as well as the implementation of the program as a whole. A disabled person has the right to independently decide on the issue of providing himself with a specific technical means of rehabilitation or type of rehabilitation, including wheelchairs, prosthetic and orthopedic products, printed publications with a special font, sound-amplifying equipment, signaling devices, video materials with subtitles or sign language translation, and other similar means.

(as amended by Federal Laws dated October 23, 2003 N 132-FZ, dated August 22, 2004 N 122-FZ)

If a technical means of rehabilitation or service provided for by an individual rehabilitation program cannot be provided to a disabled person, or if a disabled person purchased the corresponding means or paid for the service at his own expense, then he is paid compensation in the amount of the cost of a technical means of rehabilitation or services that should be provided to the disabled person.

(as amended by Federal Laws dated October 23, 2003 N 132-FZ, dated August 22, 2004 N 122-FZ)

Refusal of a disabled person (or a person representing his interests) from an individual rehabilitation program as a whole or from the implementation of its individual parts releases the relevant government bodies, local government bodies, as well as organizations, regardless of organizational and legal forms and forms of ownership, from responsibility for its implementation and does not give a disabled person the right to receive compensation in the amount of the cost of rehabilitation measures provided free of charge.

Article 11.1. Technical means for rehabilitation of disabled people

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

(introduced by Federal Law dated October 23, 2003 N 132-FZ)

Technical means of rehabilitation of disabled people include devices containing technical solutions, including special ones, used to compensate for or eliminate persistent limitations in the life of a disabled person.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Technical means of rehabilitation of disabled people are:

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

The paragraph is no longer valid. - Federal Law of August 22, 2004 N 122-FZ;

Special means for self-service;

Special care products;

Special means for orientation (including guide dogs with a set of equipment), communication and information exchange;

Special means for training, education (including literature for the blind) and employment;

Prosthetic products (including prosthetic and orthopedic products, orthopedic shoes and special clothing, eye prostheses and hearing aids);

Special training and sports equipment, sports equipment.

The decision to provide disabled people with technical means of rehabilitation is made when medical indications and contraindications are established.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Medical indications and contraindications are established based on an assessment of persistent disorders of body functions caused by diseases, consequences of injuries and defects.

For medical reasons, it is established that it is necessary to provide a disabled person with technical means of rehabilitation that provide compensation or elimination of persistent limitations in the disabled person’s life.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Parts six - seven are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Financing of expenditure obligations to provide disabled people with technical means of rehabilitation, including the manufacture and repair of prosthetic and orthopedic products, is carried out from the federal budget and the Social Insurance Fund of the Russian Federation.

Parts nine through eleven are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

The technical means of rehabilitation provided for by individual rehabilitation programs for disabled people, provided to them at the expense of the federal budget and the Social Insurance Fund of the Russian Federation, are transferred to disabled people for free use.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Additional funds to finance the costs of the technical means of rehabilitation of disabled people provided for in this article may be obtained from other sources not prohibited by law.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Technical means of rehabilitation are provided to disabled people at their place of residence by authorized bodies in the manner determined by the Government of the Russian Federation, the Social Insurance Fund of the Russian Federation, as well as other interested organizations.

(Part fourteen as amended by Federal Law No. 122-FZ of August 22, 2004)

The list of technical means of rehabilitation and indications for providing them to disabled people, as well as the procedure for providing disabled people with technical means of rehabilitation are determined by the Government of the Russian Federation.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

The amount and procedure for paying annual monetary compensation to disabled persons for the costs of maintaining and veterinary care of guide dogs are determined by the Government of the Russian Federation.

(Part sixteen as amended by Federal Law No. 122-FZ of August 22, 2004)

Article 12. Lost force. - Federal Law of August 22, 2004 N 122-FZ.

Chapter IV. ENSURING LIFE ACTIVITIES OF DISABLED PEOPLE

Article 13. Medical assistance to disabled people

The provision of qualified medical care to disabled people is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation within the framework of the program of state guarantees for the provision of free medical care to citizens of the Russian Federation.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Parts two and three are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Article 14 came into force on January 1, 1998 (Resolution of the Government of the Russian Federation of December 7, 1996 N 1449).

Article 14. Ensuring unhindered access to information for people with disabilities

The state guarantees a disabled person the right to receive the necessary information. Ensuring the publication of literature for the visually impaired is an expenditure obligation of the Russian Federation. The acquisition of periodical, scientific, educational, methodological, reference, information and fiction literature for people with disabilities, including those published on tape cassettes and in embossed dot Braille, for educational institutions and libraries run by the constituent entities of the Russian Federation and municipal educational institutions is expenditure obligation of the constituent entities of the Russian Federation, for municipal libraries - expenditure obligation of the local government body. The acquisition of literature specified in this part for federal educational institutions and libraries is an expenditure obligation of the Russian Federation.

(Part one as amended by Federal Law No. 122-FZ dated August 22, 2004)

Sign language is recognized as a means of interpersonal communication. A system of subtitling or sign language translation of television programs, films and videos is being introduced.

Authorized bodies provide assistance to people with disabilities in obtaining sign language interpretation services, providing sign language equipment, and providing typhoid medications.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Article 15. Ensuring unimpeded access for people with disabilities to social infrastructure facilities

The Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, local government bodies and organizations, regardless of organizational and legal forms, create conditions for people with disabilities (including people with disabilities using wheelchairs and guide dogs) for unimpeded access to social infrastructure facilities (residential, public and industrial buildings, structures and structures, sports facilities, recreational facilities, cultural, entertainment and other institutions), as well as for the unhindered use of railway, air, water, intercity road transport and all types of urban and suburban passenger transport, communications and information (including means that provide duplication of sound signals for light signals of traffic lights and devices regulating the movement of pedestrians through transport communications).

(Part one as amended by Federal Law dated 08.08.2001 N 123-FZ)

Planning and development of cities and other populated areas, formation of residential and recreational areas, development of design solutions for new construction and reconstruction of buildings, structures and their complexes, as well as the development and production of public transport vehicles, communications and information equipment without adapting these objects for access disabled people are not allowed to access them or use them.

State and municipal expenditures on the development and production of vehicles taking into account the needs of people with disabilities, adaptation of vehicles, communications and information for unhindered access to them by people with disabilities and their use by people with disabilities, creation of conditions for people with disabilities for unhindered access to engineering, transport and social infrastructure facilities are carried out in within the limits of allocations annually provided for these purposes in budgets of all levels. Expenses for carrying out these activities that are not related to state and municipal expenses are made from other sources not prohibited by the legislation of the Russian Federation.

(Part three as amended by Federal Law dated 08.08.2001 N 123-FZ)

Part four is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

In cases where existing facilities cannot be fully adapted to the needs of people with disabilities, the owners of these facilities must, in agreement with public associations of people with disabilities, take measures to ensure that the minimum needs of people with disabilities are met.

Enterprises, institutions and organizations providing transport services to the population provide special devices for stations, airports and other facilities that allow people with disabilities to freely use their services. Organizations of the mechanical engineering complex that produce vehicles, as well as organizations, regardless of organizational and legal forms, that provide transport services to the population, provide the equipment of the specified means with special devices and devices in order to create conditions for disabled people for the unhindered use of these means.

Places for the construction of a garage or parking for technical and other means of transportation are provided to disabled people out of turn near their place of residence, taking into account urban planning standards.

Part eight is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

At each parking lot (stop) of vehicles, including near trade enterprises, services, medical, sports and cultural and entertainment institutions, at least 10 percent of the spaces (but not less than one space) are allocated for parking special vehicles for disabled people who are not must be occupied by other vehicles. Disabled persons use parking spaces for special vehicles free of charge.

Article 16. Responsibility for evading the requirements for creating conditions for people with disabilities for unhindered access to engineering, transport and social infrastructure facilities

(as amended by Federal Law dated 08.08.2001 N 123-FZ)

Legal entities and officials for evading compliance with the requirements provided for by this Federal Law, other federal laws and other regulatory legal acts for creating conditions for people with disabilities for unhindered access to engineering, transport and social infrastructure facilities, as well as for unhindered use of railway, air, water, intercity road transport and all types of urban and suburban passenger transport, communications and information means bear administrative responsibility in accordance with the legislation of the Russian Federation.

Funds received from the collection of administrative fines for evading the requirements for creating conditions for people with disabilities to have unhindered access to these facilities and means are credited to the federal budget.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Article 17. Providing disabled people with living space

(as amended by Federal Law dated December 29, 2004 N 199-FZ)

Disabled people and families with disabled children in need of improved housing conditions are registered and provided with living quarters in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Providing, at the expense of federal budget funds, housing for disabled people and families with disabled children in need of improved housing conditions, registered before January 1, 2005, is carried out in accordance with the provisions of Article 28.2 of this Federal Law.

Disabled people and families with disabled children in need of improved housing conditions, registered after January 1, 2005, are provided with living quarters in accordance with the housing legislation of the Russian Federation.

Determining the procedure for providing residential premises (under a social tenancy agreement or ownership) to citizens in need of improved housing conditions who registered before January 1, 2005, is established by the legislation of the constituent entities of the Russian Federation.

Residential premises are provided to disabled people and families with disabled children, taking into account their state of health and other circumstances worthy of attention.

Disabled people may be provided with residential premises under a social tenancy agreement with a total area exceeding the norm for provision per person (but not more than twice), provided that they suffer from severe forms of chronic diseases provided for in the list established by the Government of the Russian Federation.

Payment for residential premises (fee for social rent, as well as for the maintenance and repair of residential premises) provided to a disabled person under a social rental agreement in excess of the norm for the provision of residential premises area is determined based on the occupied total area of residential premises in a single amount, taking into account the benefits provided.

Residential premises occupied by disabled people are equipped with special means and devices in accordance with the individual rehabilitation program of the disabled person.

Disabled people living in stationary social service institutions and wishing to obtain residential premises under a social tenancy agreement are subject to registration to improve their living conditions, regardless of the size of the occupied area and are provided with residential premises on an equal basis with other disabled people.

Disabled children living in stationary social service institutions, who are orphans or left without parental care, upon reaching the age of 18 years, are subject to being provided with residential premises out of turn, if the individual rehabilitation program for the disabled person provides for the opportunity to provide self-care and lead an independent lifestyle.

Residential premises in the houses of the state or municipal housing stock, occupied by a disabled person under a social tenancy agreement, when the disabled person is placed in a stationary social service institution, are retained by him for six months.

Specially equipped residential premises in houses of the state or municipal housing stock, occupied by disabled people under a social tenancy agreement, upon their vacancy, are occupied primarily by other disabled people in need of improved housing conditions.

Disabled people and families with disabled children are provided with a discount of at least 50 percent on payment for living quarters (in houses of the state or municipal housing stock) and payment for utilities (regardless of the ownership of the housing stock), and in residential buildings that do not have central heating, - on the cost of fuel purchased within the limits established for sale to the public.

Disabled people and families that include disabled people are given the right to priority receipt of land plots for individual housing construction, farming and gardening.

Article 18. Education and training of disabled children

Part one is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Educational institutions, together with social protection authorities and health authorities, provide pre-school, out-of-school education and education for disabled children, and the receipt of secondary general education, secondary vocational and higher vocational education for disabled people in accordance with the individual rehabilitation program for the disabled person.

Disabled children of preschool age are provided with the necessary rehabilitation measures and conditions are created for their stay in general preschool institutions. For disabled children whose health condition precludes their stay in general preschool institutions, special preschool institutions are created.

If it is impossible to educate and educate disabled children in general or special preschool and general education institutions, education authorities and educational institutions, with the consent of parents, provide education for disabled children according to a full general education or individual program at home.

The procedure for raising and educating disabled children at home, as well as the amount of compensation for parents' expenses for these purposes, are determined by laws and other regulations of the constituent entities of the Russian Federation and are expenditure obligations of the budgets of the constituent entities of the Russian Federation.

(Part five as amended by Federal Law No. 122-FZ dated August 22, 2004)

The upbringing and education of disabled children in preschool and general education institutions are expenditure obligations of a constituent entity of the Russian Federation.

(Part six as amended by Federal Law No. 122-FZ dated August 22, 2004)

Article 19. Education of disabled people

The state guarantees the necessary conditions for people with disabilities to receive education and professional training.

General education of disabled people is carried out with exemption from fees both in general educational institutions, equipped, if necessary, with special technical means, and in special educational institutions and is regulated by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

The state ensures that disabled people receive basic general, secondary (complete) general education, primary vocational, secondary vocational and higher vocational education in accordance with the individual rehabilitation program for the disabled person.

Vocational education of disabled people in educational institutions of various types and levels is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

For disabled people who need special conditions for receiving vocational education, special vocational educational institutions of various types and types or corresponding conditions in general vocational educational institutions are created.

Vocational training and vocational education of people with disabilities in special vocational educational institutions for people with disabilities are carried out in accordance with state educational standards on the basis of educational programs adapted for training people with disabilities.

The organization of the educational process in special professional educational institutions for people with disabilities is regulated by regulatory legal acts, organizational and methodological materials of the relevant federal executive authorities.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Providing disabled people with exemption from payment or on preferential terms with special teaching aids and literature, as well as the opportunity to use the services of sign language interpreters, is an expense obligation of the constituent entity of the Russian Federation (with the exception of students in federal state educational institutions). For disabled people studying in federal state educational institutions, the provision of these activities is an expenditure obligation of the Russian Federation.

(Part eight as amended by Federal Law No. 122-FZ dated August 22, 2004)

Article 20. Ensuring employment of disabled people

Disabled people are provided with guarantees of employment by federal government bodies and government bodies of the constituent entities of the Russian Federation through the following special events that help increase their competitiveness in the labor market:

1) has become invalid. - Federal Law of August 22, 2004 N 122-FZ;

2) establishing in organizations, regardless of organizational and legal forms and forms of ownership, quotas for hiring disabled people and a minimum number of special jobs for disabled people;

3) reserving jobs in professions most suitable for employing people with disabilities;

4) stimulating the creation by enterprises, institutions, organizations of additional jobs (including special ones) for the employment of people with disabilities;

5) creating working conditions for disabled people in accordance with individual rehabilitation programs for disabled people;

6) creating conditions for entrepreneurial activity of disabled people;

7) organizing training for disabled people in new professions.

Article 21. Establishing a quota for hiring disabled people

(as amended by Federal Law dated December 29, 2001 N 188-FZ)

For organizations with more than 100 employees, the legislation of the constituent entity of the Russian Federation establishes a quota for hiring disabled people as a percentage of the average number of employees (but not less than 2 and not more than 4 percent).

(Part one as amended by Federal Law No. 122-FZ dated August 22, 2004)

Public associations of disabled people and organizations formed by them, including business partnerships and societies, the authorized (share) capital of which consists of the contribution of a public association of disabled people, are exempt from mandatory quotas of jobs for disabled people.

Article 22. Special workplaces for employing disabled people

The minimum number of special jobs for employing disabled people is established by the executive authorities of the constituent entities of the Russian Federation for each enterprise, institution, organization within the established quota for hiring disabled people.

Parts three and four are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Article 23. Working conditions for disabled people

Disabled people employed in organizations, regardless of organizational and legal forms and forms of ownership, are provided with the necessary working conditions in accordance with the individual rehabilitation program for the disabled person.

It is not allowed to establish in collective or individual labor contracts working conditions for disabled people (wages, working hours and rest periods, duration of annual and additional paid leave, etc.) that worsen the situation of disabled people in comparison with other employees.

For disabled people of groups I and II, a reduced working time of no more than 35 hours per week is established while maintaining full pay.

Involvement of disabled people in overtime work, work on weekends and at night is permitted only with their consent and provided that such work is not prohibited for them due to health reasons.

Disabled persons are granted annual leave of at least 30 calendar days.

(as amended by Federal Law dated 06/09/2001 N 74-FZ)

Article 24. Rights, obligations and responsibilities of employers in ensuring the employment of disabled people

Employers have the right to request and receive information necessary when creating special jobs for employing people with disabilities.

(as amended by Federal Law dated October 23, 2003 N 132-FZ)

Employers, in accordance with the established quota for hiring disabled people, are obliged to:

(as amended by Federal Law dated October 23, 2003 N 132-FZ)

1) create or allocate jobs for the employment of disabled people;

2) create working conditions for disabled people in accordance with the individual rehabilitation program for a disabled person;

3) provide, in accordance with the established procedure, information necessary for organizing the employment of disabled people.

3. Lost power. - Federal Law of December 30, 2001 N 196-FZ.

Articles 25 - 26. Lost force. - Federal Law of August 22, 2004 N 122-FZ.

Article 27. Material support for disabled people

Material support for disabled people includes monetary payments on various grounds (pensions, benefits, insurance payments for insuring the risk of health impairment, payments for compensation for harm caused to health, and other payments), compensation in cases established by the legislation of the Russian Federation.

Part two is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Article 28. Social services for disabled people

On the issue concerning social services for elderly citizens and the disabled, see Federal Law No. 122-FZ of 02.08.1995.

Social services for disabled people are provided in the manner and on the basis determined by government bodies of the constituent entities of the Russian Federation with the participation of public associations of disabled people.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

The executive authorities of the constituent entities of the Russian Federation create special social services for disabled people, including the delivery of food and industrial goods to disabled people, and approve a list of diseases of disabled people for which they are entitled to preferential services.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

On the issue concerning the payment of compensation payments to persons caring for a disabled person of group 1, as well as a disabled child under 18 years of age, see Decree of the President of the Russian Federation dated December 26, 2006 N 1455.

Disabled people in need of outside care and assistance are provided with medical and household services at home or in inpatient institutions. The conditions of stay of disabled people in a stationary social service institution must ensure that disabled people can exercise their rights and legitimate interests in accordance with this Federal Law and help meet their needs.

Part four has been removed. - Federal Law of October 23, 2003 N 132-FZ.

Disabled people are provided with the necessary means of telecommunications services, special telephone sets (including for subscribers with hearing impairments), and public call centers.

Part five is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Disabled people are provided with household appliances, tiflo-, surdo- and other means they need for social adaptation.

(as amended by Federal Law dated October 23, 2003 N 132-FZ)

Maintenance and repair of technical means of rehabilitation of disabled people are carried out out of turn with exemption from payment or on preferential terms.

(as amended by Federal Laws dated October 23, 2003 N 132-FZ, dated August 22, 2004 N 122-FZ)

The procedure for providing services for the maintenance and repair of technical means of rehabilitation for people with disabilities is determined by the Government of the Russian Federation.

(part eight introduced by Federal Law dated October 23, 2003 N 132-FZ, as amended by Federal Law dated August 22, 2004 N 122-FZ)

Paragraph 7 of Article 154 of the Federal Law of August 22, 2004 N 122-FZ establishes that until the entry into force of the relevant federal law, the amount of monthly cash payment is not taken into account when calculating the amount of the total income of a family (a citizen living alone) to assess their need when determining the right to receiving subsidies for housing and utilities.

When establishing monthly cash payments to persons with disabilities of III, II and I degrees, without additional re-examination, disability groups I, II and III, respectively, established before January 1, 2005 are applied (clause 6 of Article 154 of the Federal Law of August 22. 2004 N 122-FZ).

Article 28.1. Monthly cash payment for disabled people

(introduced by Federal Law dated August 22, 2004 N 122-FZ (as amended on December 29, 2004))

1. Disabled people and disabled children have the right to a monthly cash payment in the amount and manner established by this article.

The amount of the monthly cash payment from January 1, 2006 is calculated and paid taking into account the indexation (change) of the amount of the monthly cash payment and the cost of a set of social services carried out for the period from January 1, 2005 in accordance with the legislation of the Russian Federation (clause 5 of Article 154 of the Federal Law dated 08/22/2004 N 122-FZ).

2. The monthly cash payment is set in the amount of:

1) disabled people with III degree of limited ability to work - 1,400 rubles;

2) disabled people with II degree limitation of ability to work, disabled children - 1,000 rubles;

3) disabled people with the first degree of limited ability to work - 800 rubles;

4) disabled people who do not have a degree of limitation in their ability to work, with the exception of disabled children - 500 rubles.

3. If a citizen simultaneously has the right to a monthly cash payment under this Federal Law and under another federal law or other regulatory legal act, regardless of the basis on which it is established (except for cases where a monthly cash payment is established in accordance with the Law of the Russian Federation "On Social protection of citizens exposed to radiation as a result of the Chernobyl nuclear power plant disaster" (as amended by the Law of the Russian Federation of June 18, 1992 N 3061-1), Federal Law of January 10, 2002 N 2-FZ "On social guarantees for citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site"), he is provided with one monthly cash payment either under this Federal Law, or under another federal law or other regulatory legal act of the citizen’s choice.

4. The amount of the monthly cash payment is subject to indexation in the manner and within the time limits determined by Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation” for indexing the size of the basic part of the labor pension.

5. The monthly cash payment is established and paid by the territorial body of the Pension Fund of the Russian Federation.

6. Monthly cash payments are made in the manner determined by the federal executive body responsible for developing state policy and legal regulation in the field of healthcare and social development.

7. Part of the amount of the monthly cash payment may be used to finance the provision of social services to a disabled person in accordance with Federal Law of July 17, 1999 N 178-FZ “On State Social Assistance”.

Article 28.2. Providing social support measures for people with disabilities to pay for housing and utilities, as well as to provide housing for people with disabilities and families with disabled children

(introduced by Federal Law dated December 29, 2004 N 199-FZ)

The Russian Federation transfers to the government authorities of the constituent entities of the Russian Federation the authority to provide social support measures for people with disabilities to pay for housing and utilities and to provide housing for disabled people and families with disabled children in need of improved housing conditions, registered before January 1, 2005 .

Funds for the implementation of transferred powers to provide these social support measures are provided as part of the Federal Compensation Fund, formed in the federal budget, in the form of subventions.

The amount of funds provided for in the Federal Compensation Fund for the Budgets of the Subjects of the Russian Federation is determined:

For payment of housing and communal services based on the number of persons entitled to the specified social support measures; approved by the Government of the Russian Federation, the federal standard for the maximum cost of provided housing and communal services per 1 square meter of total housing area per month and the federal standard for the social norm of housing area, used to calculate interbudgetary transfers;

To provide housing for disabled people and families with disabled children, based on the number of persons entitled to the specified social support measures; the total housing area is 18 square meters and the average market value of 1 square meter of the total housing area in the constituent entity of the Russian Federation, established by the federal executive body authorized by the Government of the Russian Federation.

Subventions are credited in the manner established for the execution of the federal budget to the accounts of the budgets of the constituent entities of the Russian Federation.

The procedure for spending and accounting for funds for the provision of subventions is established by the Government of the Russian Federation.

The form of provision of these social support measures is determined by the regulatory legal acts of the constituent entity of the Russian Federation.

State authorities of the constituent entities of the Russian Federation quarterly submit to the federal executive body, which develops a unified state financial, credit, and monetary policy, a report on the expenditure of provided subventions indicating the number of persons entitled to the specified social support measures, categories of recipients of social support measures, and to the federal executive body responsible for developing a unified state policy in the field of healthcare, social development, labor and consumer protection - a list of persons who have been provided with social support measures, indicating the categories of recipients, the grounds for receiving social support measures, the size of the occupied area and the cost provided or purchased housing. If necessary, additional reporting data is submitted in the manner determined by the Government of the Russian Federation.

Funds for the implementation of these powers are targeted and cannot be used for other purposes.

If funds are not used for their intended purpose, the authorized federal executive body has the right to collect these funds in the manner established by the legislation of the Russian Federation.

Control over the expenditure of funds is carried out by the federal executive body exercising control and supervision functions in the financial and budgetary sphere, the federal executive body exercising control and supervision functions in the field of healthcare and social development, and the Accounts Chamber of the Russian Federation.

Articles 29 - 30. Lost force. - Federal Law of August 22, 2004 N 122-FZ.

Article 31. The procedure for maintaining social protection measures established for people with disabilities

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Parts one and two are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

In cases where other legal acts for disabled people provide for norms that increase the level of social protection of disabled people compared to this Federal Law, the provisions of these legal acts are applied. If a disabled person has the right to the same measure of social protection under this Federal Law and at the same time under another legal act, the measure of social protection is provided either under this Federal Law or under another legal act (regardless of the basis for establishing the measure of social protection).

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Article 32. Responsibility for violation of the rights of persons with disabilities. Dispute resolution

Citizens and officials guilty of violating the rights and freedoms of people with disabilities bear responsibility in accordance with the legislation of the Russian Federation.

Disputes regarding the determination of disability, the implementation of individual rehabilitation programs for people with disabilities, the provision of specific social protection measures, as well as disputes concerning other rights and freedoms of people with disabilities are considered in court.

Chapter V. PUBLIC ASSOCIATIONS OF DISABLED PERSONS

Article 33. The right of disabled people to create public associations

(as amended by Federal Law No. 5-FZ dated January 4, 1999)

Public organizations of disabled people are recognized as organizations created by disabled people and persons representing their interests, in order to protect the rights and legitimate interests of disabled people, provide them with equal opportunities with other citizens, solve problems of social integration of disabled people, among whose members are disabled people and their legal representatives (one of the parents , adoptive parents, guardian or trustee) constitute at least 80 percent, as well as unions (associations) of these organizations.

(Part two was introduced by Federal Law No. 5-FZ dated January 4, 1999)

Federal executive authorities, executive authorities of constituent entities of the Russian Federation, organizations, regardless of organizational and legal forms and forms of ownership, attract authorized representatives of public associations of disabled people to prepare and make decisions affecting the interests of disabled people. Decisions made in violation of this rule may be declared invalid in court.

Public associations of disabled people may own enterprises, institutions, organizations, business partnerships and societies, buildings, structures, equipment, transport, housing, intellectual values, cash, shares, shares and securities, as well as any other property and land plots in accordance with the legislation of the Russian Federation.

Article 34. Repealed. - Federal Law of August 22, 2004 N 122-FZ.

Chapter VI. FINAL PROVISIONS

Article 35. Entry into force of this Federal Law

This Federal Law comes into force on the date of its official publication, with the exception of articles for which other dates of entry into force are established.

Articles 21, 22, 23 (except for part one), 24 (except for paragraph 2 of part two) of this Federal Law come into force on July 1, 1995; Articles 11 and 17, part two of Article 18, part three of Article 19, paragraph 5 of Article 20, part one of Article 23, paragraph 2 of part two of Article 24, part two of Article 25 of this Federal Law come into force on January 1, 1996; Articles 28, 29, 30 of this Federal Law come into force on January 1, 1997 in terms of expanding the benefits currently in effect.

Articles 14, 15, 16 of this Federal Law come into force during 1995 - 1999. The specific dates for the entry into force of these articles are determined by the Government of the Russian Federation.

Article 36. Effect of laws and other normative legal acts

The President of the Russian Federation and the Government of the Russian Federation should bring their regulatory legal acts into compliance with this Federal Law.

Until laws and other regulatory legal acts in force on the territory of the Russian Federation are brought into compliance with this Federal Law, laws and other regulatory legal acts are applied to the extent that does not contradict this Federal Law.

President of Russian Federation

B.YELTSIN

Moscow Kremlin

According to official data provided by the Federal State Statistics Service, as of November 2017, 12.7 million citizens with disabilities were registered in the Russian Federation. Of them:

1 group - 1,400,000 people;
2 groups - 6,300,000;
3 groups - 4,600,000.

These citizens belong to socially vulnerable segments of the population. Because of this vulnerability to society, they require special protection from the state. For this purpose, it was developed and adopted Federal Law No. 181. But what is this regulatory act? What are the rights of people with disabilities under Federal Law 181? What are the significant modifications to the law in question that were introduced to it during 2017? Which articles were these amendments made to? Let's talk about this in the article.

What is the law?

Federal Law “On Social Protection of Persons with Disabilities in the Russian Federation” N 181-FZ was adopted by the State Duma in the official third reading on July 20, 1995. The regulatory act under study received approval from the Federation Council on November 15 of the same year. The signing of the Federal Law under consideration by the President of the Russian Federation and the official publication of this document took place on November 25, 1905.

The Federal Law “On Social Protection of Persons with Disabilities in the Russian Federation” consists of 6 chapters and 36 articles. The structure of the regulatory act being studied is as follows:

Chapter 1 - General and introductory provisions (Articles 1-6);
Chapter 2 - Principles of medical and social expertise (Articles 7-8);
Chapter 3 - Rehabilitation means for citizens with disabilities (Articles 9-12);
Chapter 4 - Problems of ensuring the livelihoods of people with disabilities (Articles 13-32);
Chapter 5 - Standards of this Federal Law on the creation of public associations of people with disabilities (Articles 33-34);
Chapter 6 - Final provisions of the Federal Law under consideration (35-36).

Law on social protection of disabled people to ensure legal equality of citizens of the Russian Federation, regardless of their health status. Federal Law No. 181 contains provisions ensuring that people with disabilities have access to activities in the sphere of economics, politics and social relationships. The provisions of the regulatory act under study ensure the right of people with disabilities to medical care, as well as to rehabilitation measures.

Like other Federal laws of the Russian Federation, Federal Law 181 regularly undergoes significant amendments. The text of the studied regulatory act was last updated on October 30, 2017.

Rights of people with disabilities under Federal Law 181

Rights of people with disabilities according to this law Federal Law 181, are as follows:

For social benefits;
To provide specialized medical care;
To provide funds for rehabilitation and life support;
For additional employment quotas;
To receive education in a general or special system (depending on health status);
For monthly financial assistance from the state;
Unhindered access to sources of information;
To help in everyday life;
To create communities of people with disabilities;
For social and economic support from government agencies.

According to the regulations Article 32 of the Federal Law being studied, an individual or legal entity that violates the rights of people with disabilities is called to administrative or criminal liability, depending on the severity of the crime committed. All disputes regarding violations of Federal Law 181 standards are resolved in court.

What changes have been made?

Any regulatory legal act regularly undergoes a procedure for updating its own text. This procedure is necessary to ensure the legitimacy of the document in the constantly changing social and legal conditions in modern Russia.

Last changes No. 181-FZ was introduced into the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” October 30, 2017. The amending document was the Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation.” The regulations of Article 3 of Federal Law 181 amend the paragraph 13 of article 17 Federal Law No. 181. The text of the article in question in the new edition states that when providing housing to disabled people, benefits for the provision of thermal energy are abolished.

It is worth paying attention to the following significant amendments introduced into the regulations of the normative act in question at different times:

Art. eleven, last amended on December 1, 2012. The article in question deals with the provision of an individual rehabilitation/habilitation program for persons with special needs. According to the amendments, the provision of rehabilitation equipment and other funds is the direct responsibility of local governments. If such services are not provided to a disabled person, or he paid for procedures or medications at his own expense, he is paid appropriate compensation;
Art. 15, last edition - December 1, 2014. The text of the studied part of Federal Law No. 181, as amended, states that no obstacles should be created for citizens with disabilities in terms of access to social, engineering and transport infrastructure. For these purposes, auxiliary means should be installed (such as a ramp and a traffic light with additional sound);
Art. 23, amendments made June 9, 2001. According to the regulations of this article, special working conditions must be created for people with disabilities. Thus, the working hours for a person with a disability of group 1 or 2 is no more than 35 hours per week. Full wages are retained. According to the Federal Law under consideration, disabled people are entitled to annual leave of at least 30 days. If the specifics of the position do not require intense physical labor, disability is not a legitimate reason for refusing to hire an employee.
Art. 28, as amended on March 7, 2017. This article in the edition under study contains standards for social services for people with disabilities. According to the changes made, the procedure for providing people with disabilities with technical aids is determined by the Government of the Russian Federation.

The following amendments to the regulatory act under study are scheduled for December 2017.

Download the current version of the law

Persons interested in a more detailed study of the act in question are advised to familiarize themselves with the text of the Federal Law on Social Protection of Persons with Disabilities in the latest edition. Download Federal Law 181 with changes relevant for the period of November 2017, you can use the following

RUSSIAN FEDERATION

THE FEDERAL LAW

ON SOCIAL PROTECTION OF DISABLED PEOPLE IN THE RUSSIAN FEDERATION

The measures for social protection of disabled people provided for by this Federal Law are expenditure obligations of the Russian Federation, with the exception of measures of social support and social services related to the powers of the state authorities of the constituent entities of the Russian Federation in accordance with the legislation of the Russian Federation.

Chapter I. GENERAL PROVISIONS

Article 1. The concept of “disabled person”, grounds for determining the disability group

Depending on the degree of impairment of body functions, persons recognized as disabled are assigned a disability group, and persons under the age of 18 are assigned the category “disabled child.”

Article 2. The concept of social protection of disabled people

Article 3. Legislation of the Russian Federation on social protection of disabled people

If an international treaty (agreement) of the Russian Federation establishes rules other than those provided for by this Federal Law, then the rules of the international treaty (agreement) apply.

Article 3.1. Non-discrimination on the basis of disability

Discrimination on the basis of disability is not allowed in the Russian Federation. For the purposes of this Federal Law, discrimination on the basis of disability means any difference, exclusion or restriction due to disability, the purpose or result of which is to diminish or deny the recognition, implementation or exercise on an equal basis with others of all rights and freedoms of man and citizen guaranteed in the Russian Federation in the political sphere. , economic, social, cultural, civil or any other area.

Article 4. Competence of federal government bodies in the field of social protection of disabled people

The jurisdiction of federal government bodies in the field of social protection of disabled people includes:

1) determination of state policy regarding persons with disabilities;

2) adoption of federal laws and other regulatory legal acts of the Russian Federation on social protection of disabled people (including those regulating the procedure and conditions for providing disabled people with a single federal minimum of social protection measures); state control (supervision) over the implementation of the requirements of the legislation of the Russian Federation on social protection of disabled people;

3) conclusion of international treaties (agreements) of the Russian Federation on issues of social protection of disabled people;

4) establishment of general principles of organization and implementation of medical and social examination and rehabilitation, habilitation of disabled people;

5) defining criteria, establishing conditions for recognizing a person as disabled;

6) establishment, in accordance with the legislation of the Russian Federation on technical regulation, of mandatory requirements for technical means of rehabilitation, means of communication and computer science, ensuring accessibility of the living environment for disabled people;

7 - 8) are no longer valid. - Federal Law of July 18, 2019 N 184-FZ;

9) development and implementation of federal target programs in the field of social protection of disabled people, monitoring their implementation;

10) approval and financing of the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person;

11) creation of federal institutions of medical and social expertise, monitoring their activities;

12) has become invalid. - Federal Law of August 22, 2004 N 122-FZ;

12.1) creation of conditions for conducting an independent assessment of the quality of the conditions for the provision of services by federal medical and social examination institutions;

13) coordination of scientific research, financing of research and development work on the problems of disability and people with disabilities;

14) development of methodological documents on issues of social protection of disabled people;

15) has become invalid. - Federal Law of August 22, 2004 N 122-FZ;

16) assistance in the work of all-Russian public associations of disabled people and providing them with assistance;

17) - 18) are no longer valid. - Federal Law of August 22, 2004 N 122-FZ;

19) formation of federal budget indicators for expenditures on social protection of disabled people;

21) determination of the basic requirements for the equipment (equipment) of special workplaces for the employment of disabled people, taking into account the impaired functions and limitations of their life activities;

22) preparation of reports on measures taken to fulfill the obligations of the Russian Federation under the Convention on the Rights of Persons with Disabilities, in the manner established by the Government of the Russian Federation;

23) other powers established in accordance with this Federal Law.

Article 5. Participation of state authorities of the constituent entities of the Russian Federation in ensuring social protection and social support for people with disabilities

State authorities of the constituent entities of the Russian Federation in the field of social protection and social support for disabled people have the right:

1) participation in the implementation of state policy regarding people with disabilities in the territories of the constituent entities of the Russian Federation;

2) adoption, in accordance with federal laws, of laws and other regulatory legal acts of the constituent entities of the Russian Federation;

5) exchange information with authorized federal executive bodies on the social protection of disabled people and on the provision of social support to them;

6) providing additional measures of social support to people with disabilities from the budgets of the constituent entities of the Russian Federation;

7) promoting the employment of disabled people, including stimulating the creation of special jobs for their employment, as well as determining the procedure for carrying out special events to provide disabled people with guarantees of employment;

8) carrying out activities for training personnel in the field of social protection of disabled people;

9) financing scientific research, research and development work in the field of social protection of disabled people;

10) assistance to public associations of disabled people;

10.1) assistance to election commissions, referendum commissions in the work to ensure electoral rights, the right to participate in a referendum of voters, referendum participants who are disabled, taking into account persistent disorders of body functions;

11) sending an interdepartmental request for the provision of documents and information necessary for the provision of state or municipal services and at the disposal of bodies providing public services, bodies providing municipal services, other state bodies, local government bodies or organizations subordinate to state bodies or local government bodies .

Article 5.1. Federal Register of Disabled Persons

The Federal Register of Disabled Persons is a federal state information system and is maintained for the purpose of recording information about disabled people, including disabled children, including information about the disability group, life limitations, impaired body functions and the degree of loss of professional ability of the disabled person, about ongoing rehabilitation or habilitation measures, cash payments made to a disabled person and other social protection measures, as well as for the purpose of using the information contained therein necessary for the provision of state and municipal services, and in other cases established by the legislation of the Russian Federation.

The operator of the federal register of disabled people is the Pension Fund of the Russian Federation.

The functioning of the Federal Register of Persons with Disabilities is carried out using software, hardware and other means that ensure compatibility and interaction with other information systems used to provide public services in electronic form.

The Federal Register of Disabled Persons includes the following information about a person recognized as disabled:

1) last name, first name, patronymic (if any);

3) date of birth;

4) place of birth;

5) information about citizenship;

6) passport details (other identification document);

7) birth certificate data (for disabled children under 14 years of age);

8) address of place of residence (place of stay, actual residence);

9) insurance number of an individual personal account (if any), adopted in accordance with the legislation of the Russian Federation on individual (personalized) registration in the compulsory pension insurance system;

10) information about education: name and year of graduation of the educational organization (educational institution), acquired specialty and qualification (if any);

11) place of work and position held (if any);

12) information about disability (group, cause, disability, impaired body function, degree of loss of professional ability of a disabled person, date of disability, period for which disability was established, needs for social protection measures);

13) information about the legal representative (if any);

14) information about individual rehabilitation or habilitation programs for disabled people and about rehabilitation programs for disabled people whose disability occurred as a result of industrial accidents and occupational diseases, including information about the rehabilitation measures recommended in them, technical means for the rehabilitation of disabled people, about services and about the results of the implementation of these programs ;

15) information about vouchers provided for sanatorium and resort treatment as part of the provision of state social assistance in the form of a set of social services;

16) the amount and period of provision of guarantees, payments and compensation established by the legislation of the Russian Federation, the list of which for inclusion in the federal register of disabled people is determined by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of social protection of the population;

17) periods of labor and (or) other activities included in the insurance period for the assignment of an insurance pension, including periods of labor activity in workplaces with special (difficult and harmful) working conditions and in the regions of the Far North and equivalent areas, and other periods included in the insurance period;

18) other information determined by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of social protection of the population.

Information to be included in the federal register of disabled people is submitted by the Social Insurance Fund of the Russian Federation, the Pension Fund of the Russian Federation, federal executive authorities, executive government bodies of the constituent entities of the Russian Federation that provide public services to people with disabilities, as well as federal institutions of medical and social expertise and other organizations involved in the provision of public services to people with disabilities.

Submission of the specified information is carried out free of charge in electronic form using an enhanced qualified electronic signature, taking into account the requirements established by Federal Law of April 6, 2011 N 63-FZ “On Electronic Signature”. The processing of information containing personal data of disabled people is carried out exclusively for the purposes provided for in part one of this article, in compliance with the requirements of Federal Law of July 27, 2006 N 152-FZ “On Personal Data”.

The formation and maintenance of the federal register of disabled people, the use of the information contained therein, including the establishment of the form and deadlines for submitting the information specified in part four of this article to this register, are carried out in the manner established by the Government of the Russian Federation.

Information on the provision of social protection measures in accordance with this Federal Law, in the event of its absence in the Federal Register of Disabled Persons, is posted in the Unified State Social Security Information System. The placement and receipt of this information in the Unified State Social Security Information System is carried out in accordance with the Federal

Article 6. Liability for causing harm to health leading to disability

Chapter II. MEDICAL AND SOCIAL EXAMINATION

Article 7. The concept of medical and social examination

Medical and social examination is the recognition of a person as disabled and the determination, in the prescribed manner, of the needs of the examined person for social protection measures, including rehabilitation, based on an assessment of the limitations in life activity caused by a persistent disorder of body functions.

Medical and social examination is carried out on the basis of a comprehensive assessment of the state of the body based on the analysis of clinical-functional, social-domestic, professional-labor, psychological data of the person being examined using classifications and criteria developed and approved in the manner determined by the federal executive body exercising the functions on the development and implementation of state policy and legal regulation in the field of social protection of the population.

Article 8. Federal institutions of medical and social examination

Medical and social examination is carried out by federal institutions of medical and social examination, subordinate to the federal executive body determined by the Government of the Russian Federation. The procedure for organizing and operating federal institutions of medical and social expertise is determined by the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of social protection of the population.

Law of August 22, 2004 N 122-FZ.

Federal medical and social examination institutions are responsible for:

1) establishing disability, its causes, timing, time of onset of disability, the need of a disabled person for various types of social protection;

2) development of individual programs for rehabilitation and habilitation of disabled people;

3) study of the level and causes of disability of the population;

4) participation in the development of comprehensive programs for rehabilitation, habilitation of people with disabilities, prevention of disability and social protection of people with disabilities;

5) determination of the degree of loss of professional ability to work;

6) determining the cause of death of a disabled person in cases where the legislation of the Russian Federation provides for the provision of social support measures to the family of the deceased;

7) issuance of a conclusion on the need for health reasons for constant outside care (assistance, supervision) in the cases provided for in subparagraph “b” of paragraph 1 of Article 24 of the Federal Law of March 28, 1998 N 53-FZ “On Military Duty and Military Service”;

8) providing conditions for conducting an independent assessment of the quality of the conditions for the provision of services by federal medical and social examination institutions.

The federal institution of medical and social expertise creates publicly available information resources containing information about its activities, and provides access to this information by posting it on an information stand on the premises of the federal institution of medical and social expertise, on the information and telecommunications network "Internet" (hereinafter referred to as the network "Internet"), including on the official website of such an institution.

The Federal Institution for Medical and Social Expertise ensures openness and accessibility of the following information:

1) the date of creation of the federal institution of medical and social examination, the name of its founder, the location of the federal institution of medical and social examination and its branches (if any), work schedule, contact numbers, email addresses, information about the director, his deputies, heads of branches (if any), the personal composition of employees (indicating, with their consent, the level of education, qualifications and work experience);

2) the structure of the federal institution for medical and social examination;

3) the procedure for the provision of services by the federal institution of medical and social examination;

4) material and technical equipment of the federal institution of medical and social examination (availability of equipped premises for the provision of services, including premises equipped with special diagnostic equipment for assessing the severity of impaired functions, access to information about the activities of the federal institution of medical and social examination posted on information stand on the premises of this institution, on the Internet);

6) a copy of the charter of the federal institution for medical and social examination;

7) a copy of the license to carry out activities subject to licensing in accordance with the legislation of the Russian Federation;

8) information on an independent assessment of the quality of the conditions for the provision of services by the federal institution of medical and social expertise;

9) other information determined by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of social protection of the population, necessary for conducting an independent assessment of the quality of the conditions for the provision of services by federal medical and social examination institutions.

The information specified in part six of this article is posted on the official websites of federal institutions of medical and social expertise on the Internet in accordance with the requirements for its content and form of presentation established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of social protection of the population.

Article 8.1. Independent assessment of the quality of conditions for the provision of services by federal institutions of medical and social expertise

An independent assessment of the quality of the conditions for the provision of services by federal institutions of medical and social expertise is one of the forms of public control and is carried out in order to provide recipients of services with information about the quality of the conditions for the provision of services by federal institutions of medical and social expertise, as well as in order to improve the quality of their activities.

An independent assessment of the quality of the conditions for the provision of services by federal institutions of medical and social expertise is not carried out in order to monitor the validity of decisions made by federal institutions of medical and social expertise on the need for social protection measures, including rehabilitation, determined on the basis of an assessment of the limitations of life activity caused by a persistent disorder of body functions.

An independent assessment of the quality of the conditions for the provision of services by federal institutions of medical and social expertise involves assessing the conditions for the provision of services according to such general criteria as openness and accessibility of information about the institution; comfort of the conditions for providing the service, including the waiting time for its provision; friendliness and politeness of the institution’s employees; satisfaction with the conditions of service provision, as well as accessibility of services for people with disabilities.

An independent assessment of the quality of the conditions for the provision of services by federal institutions of medical and social expertise is carried out in accordance with the provisions of this article. When conducting an independent assessment of the quality of the conditions for the provision of services by federal institutions of medical and social expertise, publicly available information about federal institutions of medical and social expertise is used, which is also posted in the form of open data.

In order to create conditions for organizing an independent assessment of the quality of the conditions for the provision of services by federal institutions of medical and social expertise, the Civic Chamber of the Russian Federation, at the request of the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of social protection of the population, did not later than within a month from the date of receipt of the specified appeal, from among representatives of all-Russian public organizations created to protect the rights and interests of citizens, all-Russian public associations of disabled people, a public council is formed to conduct an independent assessment of the quality of the conditions for the provision of services by federal institutions of medical and social expertise and approves it compound. The Civic Chamber of the Russian Federation informs the federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the field of social protection of the population, about the composition of the public council created under this body to conduct an independent assessment of the quality of the conditions for the provision of services by federal medical and social institutions examination (hereinafter referred to as the public council for independent quality assessment).

Indicators characterizing the general criteria for assessing the quality of the conditions for the provision of services by federal institutions of medical and social expertise are established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of social protection of the population, with preliminary discussion at the public council for independent quality assessment.

The composition of the public council for independent quality assessment is approved for a period of three years. When forming a public council for independent quality assessment for a new term, at least a third of its composition is changed. The public council for independent quality assessment cannot include representatives of state authorities and local governments, as well as managers (their deputies) and employees of federal medical and social examination institutions. At the same time, the public council for independent quality assessment involves representatives of the Public Chamber of the Russian Federation in its work to discuss and formulate the results of such assessment. The number of members of the public council for independent quality assessment cannot be less than five people. Members of the public council for independent quality assessment carry out their activities on a voluntary basis. Information on the activities of the public council for independent quality assessment is subject to posting by the federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the field of social protection of the population, on its official website on the Internet.

The regulations on the public council for independent quality assessment are approved by the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of social protection of the population.

An independent assessment of the quality of the conditions for the provision of services by federal institutions of medical and social expertise is carried out by the public council for independent quality assessment no more than once a year and no less than once every three years in relation to the same institution.

Public Council for Independent Quality Assessment:

1) determines the list of federal institutions of medical and social expertise in respect of which an independent assessment of the quality of the conditions for the provision of services by federal institutions of medical and social expertise is carried out;

2) takes part in the consideration of draft documentation on the procurement of works, services, as well as draft government contracts concluded by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of social protection of the population, with the organization that carries out collection and synthesis of information on the quality of conditions for the provision of services by federal institutions of medical and social expertise (hereinafter referred to as the operator);

3) carries out an independent assessment of the quality of the conditions for the provision of services by federal institutions of medical and social expertise, taking into account the information provided by the operator;

4) submits to the federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the field of social protection of the population, the results of an independent assessment of the quality of the conditions for the provision of services by federal medical and social examination institutions, as well as proposals for improving the quality of their activities .

The conclusion of government contracts for the performance of work, the provision of services for the collection and synthesis of information on the quality of the conditions for the provision of services by federal institutions of medical and social expertise is carried out in accordance with the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs. The federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the field of social protection of the population, based on the results of the conclusion of these state contracts, draws up a decision to determine the operator responsible for collecting and summarizing information on the quality of the conditions for the provision of services by federal medical institutions -social examination, and also, if necessary, provides the operator with publicly available information about the activities of these institutions, generated in accordance with state and departmental statistical reporting (if this information is not posted on the official website of the federal institution of medical and social examination on the Internet) .

Information received by the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of social protection of the population on the results of an independent assessment of the quality of the conditions for the provision of services by federal medical and social examination institutions is subject to mandatory consideration by it within one month from the date of its receipt and is taken into account by him when developing measures to improve the activities of federal institutions of medical and social expertise and assessing the activities of their managers.

Information on the results of an independent assessment of the quality of the conditions for the provision of services by federal institutions of medical and social expertise is posted by the federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the field of social protection of the population, on the official website for posting information about state and municipal institutions on the Internet. The composition of information on the results of an independent assessment of the quality of the conditions for the provision of services by federal institutions of medical and social expertise, including uniform requirements for such information, and the procedure for its placement on the official website for posting information about state and municipal institutions on the Internet are determined by the federal government authorized by the Government of the Russian Federation executive authority.

The federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the field of social protection of the population, as well as federal institutions of medical and social expertise, provide on their official websites on the Internet the technical ability for citizens to express opinions on the quality of conditions provision of services by federal medical and social examination institutions.

The heads of federal institutions of medical and social expertise are responsible for failure to take measures to eliminate deficiencies identified during an independent assessment of the quality of the conditions for the provision of services by federal institutions of medical and social expertise, in accordance with labor legislation. In employment contracts with the heads of these institutions, the performance indicators of the managers include the results of an independent assessment of the quality of the conditions for the provision of services by federal medical and social examination institutions and the implementation of a plan to eliminate deficiencies identified during such an assessment.

The results of an independent assessment of the quality of the conditions for the provision of services by federal medical and social examination institutions are taken into account when assessing the effectiveness of the activities of the head of the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of social protection of the population.

Monitoring compliance with the procedures for conducting an independent assessment of the quality of the conditions for the provision of services by federal institutions of medical and social expertise is carried out in accordance with the legislation of the Russian Federation.

Chapter III. REHABILITATION AND HABILITATION OF DISABLED PEOPLE

Article 9. The concept of rehabilitation and habilitation of disabled people

Rehabilitation of disabled people is a system and process of full or partial restoration of the abilities of disabled people for everyday, social, professional and other activities. Habilitation of disabled people is a system and process of developing the abilities that disabled people lack for everyday, social, professional and other activities. Rehabilitation and habilitation of people with disabilities are aimed at eliminating or, as fully as possible, compensating for the disabilities of people with disabilities for the purpose of their social adaptation, including their achievement of financial independence and integration into society.

The main areas of rehabilitation and habilitation for people with disabilities include:

medical rehabilitation, reconstructive surgery, prosthetics and orthotics, spa treatment;

vocational guidance, general and vocational education, vocational training, assistance in employment (including in special workplaces), industrial adaptation;

social-environmental, socio-pedagogical, socio-psychological and sociocultural rehabilitation, social and everyday adaptation;

physical education and health activities, sports.

The implementation of the main directions of rehabilitation and habilitation of people with disabilities involves the use of technical means of rehabilitation by people with disabilities, the creation of the necessary conditions for unhindered access of people with disabilities to social, engineering, transport infrastructure and the use of means of transport, communication and information, as well as providing people with disabilities and their family members with information on rehabilitation issues , habilitation of disabled people.

Part four is no longer valid. - Federal Law of July 18, 2019 N 184-FZ.

Article 10. Federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person

The federal list of rehabilitation measures, technical means of rehabilitation and services provided to disabled people is approved by the Government of the Russian Federation.

Article 11. Individual program for rehabilitation or habilitation of a disabled person

An individual rehabilitation or habilitation program for a disabled person is a set of rehabilitation measures that are optimal for a disabled person, including certain types, forms, volumes, timing and procedures for the implementation of medical, professional and other rehabilitation measures aimed at restoration, compensation for impaired body functions, formation, restoration, compensation abilities of a disabled person to perform certain types of activities. Federal institutions of medical and social expertise may, if necessary, involve organizations engaged in rehabilitation and habilitation of disabled people in the development of individual programs for rehabilitation or habilitation of disabled people. The procedure for the development and implementation of an individual rehabilitation or habilitation program for a disabled person and its form are determined by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of social protection of the population.

An individual rehabilitation or habilitation program for a disabled person is mandatory for execution by the relevant government bodies, local government bodies, as well as organizations, regardless of their organizational, legal forms and forms of ownership.

An individual rehabilitation or habilitation program for a disabled person contains both rehabilitation measures, technical means of rehabilitation and services provided to a disabled person with an exemption from fees in accordance with the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person, and rehabilitation measures, technical means of rehabilitation and services , in the payment of which the disabled person himself or other persons or organizations participate, regardless of organizational, legal forms and forms of ownership.

The scope of rehabilitation measures provided for by an individual rehabilitation or habilitation program for a disabled person cannot be less than that established by the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person.

An individual rehabilitation or habilitation program is of a recommendatory nature for a disabled person; he has the right to refuse one or another type, form and volume of rehabilitation measures, as well as the implementation of the program as a whole. A disabled person has the right to independently decide on the issue of providing himself with a specific technical means of rehabilitation or type of rehabilitation, including wheelchairs, prosthetic and orthopedic products, printed publications with a special font, sound-amplifying equipment, signaling devices, video materials with subtitles or sign language translation, and other similar means.

If a technical means of rehabilitation and (or) service provided for by an individual program of rehabilitation or habilitation cannot be provided to a disabled person, or if a disabled person has purchased an appropriate technical means of rehabilitation and (or) paid for the service at his own expense, he is paid compensation in the amount of the cost of the acquired technical means of rehabilitation and ( or) the service provided, but not more than the cost of the corresponding technical means of rehabilitation and (or) services provided in the manner established by part fourteen of Article 11.1 of this Federal Law. The procedure for paying such compensation, including the procedure for determining its amount and the procedure for informing citizens about the amount of said compensation, is determined by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of social protection of the population.

Refusal of a disabled person (or a person representing his interests) from an individual rehabilitation or habilitation program as a whole or from the implementation of its individual parts releases the relevant state authorities, local governments, as well as organizations, regardless of organizational, legal forms and forms of ownership, from responsibility for it execution and does not give the disabled person the right to receive compensation in the amount of the cost of rehabilitation measures provided free of charge.

Federal institutions of medical and social expertise send extracts from the individual program of rehabilitation or habilitation of a disabled person to the relevant executive authorities, local government bodies, organizations, regardless of their organizational and legal forms, which are entrusted with carrying out the activities provided for by the individual program of rehabilitation or habilitation of a disabled person.

The specified bodies and organizations provide information on the implementation of the activities assigned to them by the individual program of rehabilitation or habilitation of a disabled person to federal institutions of medical and social examination in the form and in the manner approved by the federal executive body exercising the functions of developing and implementing state policy and legal norms. regulation in the field of social protection of the population.

Article 11.1. Technical means for rehabilitation of disabled people

Technical means of rehabilitation of disabled people are:

the paragraph is no longer valid. - Federal Law of August 22, 2004 N 122-FZ;

special means for self-service;

special care products;

special means for orientation (including guide dogs with a set of equipment), communication and information exchange;

special means for training, education (including literature for the blind) and employment;

prosthetic products (including prosthetic and orthopedic products, orthopedic shoes and special clothing, eye prostheses and hearing aids);

special training and sports equipment, sports equipment;

special means of transportation (wheelchairs).

The decision to provide disabled people with technical means of rehabilitation is made when medical indications and contraindications are established.

Medical indications and contraindications are established based on an assessment of persistent disorders of body functions caused by diseases, consequences of injuries and defects.

Based on medical indications and contraindications, the need is established to provide the disabled person with technical means of rehabilitation that provide compensation or elimination of persistent limitations in the disabled person’s life.

Parts six - seven are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Parts nine through eleven are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

The technical means of rehabilitation provided for by individual rehabilitation and habilitation programs for disabled people, provided to them at the expense of the federal budget and the Social Insurance Fund of the Russian Federation, are transferred to disabled people for free use.

Additional funds to finance the costs of the technical means of rehabilitation of disabled people provided for in this article may be obtained from other sources not prohibited by law.

The list of medical indications and contraindications for providing disabled people with technical means of rehabilitation is determined by the federal executive body authorized by the Government of the Russian Federation.

Annual monetary compensation to disabled persons for the costs of maintaining and veterinary care of guide dogs is set at 17,420 rubles.

The amount of annual monetary compensation for disabled persons for the costs of maintaining and veterinary care of guide dogs is subject to indexation once a year from February 1 of the current year based on the consumer price growth index for the previous year. The indexation coefficient is determined by the Government of the Russian Federation.

The procedure for paying annual monetary compensation to disabled persons for the costs of maintaining and veterinary care of guide dogs is determined by the Government of the Russian Federation.

Chapter IV. ENSURING LIFE ACTIVITIES OF DISABLED PEOPLE

Article 13. Medical assistance to disabled people

Parts two and three are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Article 14. Ensuring unhindered access to information for people with disabilities

The state guarantees a disabled person the right to receive the necessary information. Ensuring the publication of literature for the visually impaired is an expenditure obligation of the Russian Federation. The acquisition of periodical, scientific, educational, methodological, reference, information and fiction literature for people with disabilities, including those published on tape cassettes and in embossed dot Braille, for educational organizations and libraries administered by the constituent entities of the Russian Federation and municipal educational organizations is expenditure obligation of the constituent entities of the Russian Federation, for municipal libraries - expenditure obligation of the local government body. The acquisition of literature specified in this part for federal state educational organizations and libraries is an expenditure obligation of the Russian Federation.

Russian sign language is recognized as a language of communication in the presence of hearing and (or) speech impairments, including in the areas of oral use of the state language of the Russian Federation. A system of subtitling or sign language translation of television programs, films and videos is being introduced. Translation of Russian sign language (sign language interpreting, sign language interpreting) is carried out by Russian sign language interpreters (sign language interpreters, sign language interpreters) who have the appropriate education and qualifications. The procedure for providing Russian sign language translation services (sign language translation, sign language translation) is determined by the Government of the Russian Federation.

Authorized bodies provide assistance to people with disabilities in obtaining services for sign language interpretation, sign language interpretation, provision of sign language equipment, and provision of sign language equipment.

State authorities and local governments create conditions in their subordinate institutions for people with hearing disabilities to receive translation services using Russian sign language.

Training, advanced training and professional retraining of teachers and translators of Russian sign language, development of Russian sign language are provided.

Article 14.1. Participation of visually impaired people in operations using facsimile reproduction of a handwritten signature

When a credit institution carries out operations to receive, issue, change, exchange cash, or when a legal entity that is not a credit institution or an individual entrepreneur (hereinafter referred to as a business entity) carries out operations to receive, issue cash, a visually disabled person has the right to use when participating in the implementation of these operations, a facsimile reproduction of his handwritten signature, affixed using a mechanical copying device.

In order to exercise this right, a visually impaired person, when a credit institution carries out operations to receive, issue, change, exchange cash, or when a business entity carries out operations to receive and issue cash, represents:

1) identification document;

2) a notarial certificate certifying the identity of the handwritten signature of a visually impaired person with a facsimile reproduction of his handwritten signature, issued in the manner established by the legislation on notaries;

3) a certificate confirming the fact of establishing a visual disability and issued by the federal state institution of medical and social examination, in the form approved by the authorized federal executive body.

When a credit organization carries out operations to receive, issue, change, exchange cash or when a business entity carries out operations to receive or issue cash, employees of the credit organization or employees of the business entity, determined by the administrative document of the credit organization or business entity and not those carrying out these operations bring to the attention of the visually impaired person, in the case of his using a facsimile reproduction of a handwritten signature, information about the nature of the operation being carried out and the amount of the operation in the manner established by the Central Bank of the Russian Federation.

Article 15. Ensuring unimpeded access for people with disabilities to social, engineering and transport infrastructure facilities

Federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies (in the sphere of established powers), organizations, regardless of their organizational and legal forms, provide disabled people (including disabled people using wheelchairs and guide dogs):

1) conditions for unhindered access to social, engineering and transport infrastructure facilities (residential, public and industrial buildings, structures and structures, including those in which physical education and sports organizations, cultural organizations and other organizations are located), to places of recreation and to the services provided services in them;

2) conditions for the unhindered use of railway, air, water transport, road transport and urban ground electric transport in urban, suburban, intercity traffic, communications and information means (including means that ensure duplication of sound signals with light signals of traffic lights and devices regulating the movement of pedestrians through transport communications);

3) the ability to independently move around the territory where social, engineering and transport infrastructure facilities are located, enter and exit such facilities, get into and out of a vehicle, including using a wheelchair;

4) accompanying disabled people with persistent visual impairments and independent movement disorders, and providing them with assistance at social, engineering and transport infrastructure facilities;

5) proper placement of equipment and storage media necessary to ensure unimpeded access for people with disabilities to social, engineering and transport infrastructure facilities and services, taking into account the limitations of their life activity;

6) duplication of audio and visual information necessary for disabled people, as well as inscriptions, signs and other text and graphic information with signs made in embossed dot Braille, admission of a sign language interpreter and a sign language interpreter;

7) admission to objects of social, engineering and transport infrastructure of a guide dog in the presence of a document confirming its special training and issued in the form and in the manner determined by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of social protection of the population;

8) provision of assistance by employees of organizations providing services to the public to people with disabilities in overcoming barriers that prevent them from receiving services on an equal basis with other persons.

The procedure for ensuring conditions of accessibility for disabled people of social, engineering and transport infrastructure facilities and services provided, as well as providing them with the necessary assistance, is established by federal executive authorities exercising the functions of developing and implementing state policy and legal regulation in established areas of activity, according to coordination with the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of social protection of the population, based on the financial capabilities of the budgets of the budgetary system of the Russian Federation and organizations.

Federal executive authorities, executive authorities of constituent entities of the Russian Federation, organizations providing services to the population, within the established powers, instruct or train specialists working with people with disabilities on issues related to ensuring accessibility for them to social, engineering and transport infrastructure and services. in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

In cases where existing objects of social, engineering and transport infrastructure cannot be fully adapted to the needs of people with disabilities, the owners of these objects, before their reconstruction or major repairs, must accept agreements with one of the public associations of people with disabilities operating in the territory of a settlement, municipal district, city district, measures to ensure access for people with disabilities to the place where services are provided or, when possible, to ensure the provision of necessary services at the place of residence of the person with disabilities or remotely.

Planning and development of cities and other settlements, the formation of residential and recreational areas, the development of design solutions for new construction and reconstruction of buildings, structures and their complexes, as well as the development and production of public transport vehicles, communications and information equipment without adapting these objects for unhindered Access to them by disabled people and their use by disabled people are not allowed.

State and municipal expenditures on the development and production of vehicles taking into account the needs of people with disabilities, adaptation of vehicles, communications and information for unhindered access to them by people with disabilities and their use by people with disabilities, providing conditions for people with disabilities to have unhindered access to social, engineering and transport infrastructure facilities are carried out in within the limits of budgetary allocations annually provided for these purposes in the budgets of the budgetary system of the Russian Federation. Expenses for carrying out these activities that are not related to state and municipal expenses are made from other sources not prohibited by the legislation of the Russian Federation.

Organizations engaged in the production of vehicles, as well as organizations providing transport services to the population (regardless of their organizational and legal forms), provide the equipment of these facilities, stations, airports and other transport infrastructure facilities with special devices and devices in order to provide conditions for disabled people for unhindered use by the specified means.

At each parking lot (stop) of vehicles, including near social, engineering and transport infrastructure facilities (residential, public and industrial buildings, structures and structures, including those in which physical education and sports organizations, cultural organizations and other organizations are located), recreational places, at least 10 percent of the spaces (but not less than one space) are allocated for free parking of vehicles driven by disabled people of groups I, II, as well as disabled people of group III in the manner established by the Government of the Russian Federation, and vehicles transporting such disabled people and (or) disabled children. The indicated vehicles must be equipped with the “Disabled Person” identification sign. The procedure for issuing the “Disabled Person” identification badge for individual use is established by the federal executive body authorized by the Government of the Russian Federation. The designated parking spaces must not be occupied by other vehicles.

Article 15.1. State control (supervision) over ensuring accessibility for people with disabilities of social, engineering and transport infrastructure and services provided

State control (supervision) over ensuring accessibility of social, engineering and transport infrastructure facilities and services provided for disabled people is carried out:

1) authorized federal executive authorities within the limits of their competence in accordance with the legislation of the Russian Federation when exercising federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law standards, federal state control (supervision) in the field of social services, federal state transport supervision (in the field of civil aviation, railway transport, inland water transport, road transport and urban ground electric transport), federal state supervision in the field of communications, state control of the quality and safety of medical activities, federal state supervision in the field of circulation of medicines;

2) authorized federal executive authorities and executive authorities of the constituent entities of the Russian Federation (when they exercise the corresponding delegated powers of the Russian Federation) within their competence in accordance with the legislation of the Russian Federation in the exercise of state control (supervision) in the field of education and federal state supervision of the state , maintenance, preservation, use, popularization and state protection of cultural heritage objects;

3) authorized executive authorities of the constituent entities of the Russian Federation within their competence in accordance with the legislation of the Russian Federation and the legislation of the constituent entity of the Russian Federation when exercising regional state control (supervision) in the field of social services, regional state control over the transportation of passengers and luggage by passenger taxi, regional state supervision over the condition, maintenance, preservation, use, popularization and state protection of cultural heritage sites of regional significance, cultural heritage sites of local (municipal) significance, identified cultural heritage sites, regional state housing supervision, regional state construction supervision.

The procedure for organizing and implementing state control (supervision) over ensuring accessibility for people with disabilities of social, engineering and transport infrastructure and services provided is established by the regulations on the corresponding type of state control (supervision), approved by:

1) when exercising federal state control (supervision) - by the Government of the Russian Federation;

2) when exercising regional state control (supervision) - by the highest executive body of state power of the corresponding subject of the Russian Federation.

The provisions of the Federal Law of December 26, 2008 N 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in implementation of state control (supervision) and municipal control."

Article 16. Responsibility for evading the requirements for creating conditions for unhindered access of people with disabilities to social, engineering and transport infrastructure facilities

Part two is no longer valid. - Federal Law of November 25, 2013 N 312-FZ.

Article 17. Providing housing for disabled people

Residential premises are provided to disabled people and families with disabled children, taking into account their state of health and other circumstances worthy of attention.

Residential premises occupied by disabled people are equipped with special means and devices in accordance with the individual program of rehabilitation or habilitation of the disabled person.

Disabled people living in social service organizations that provide social services in a stationary form, and wishing to obtain residential premises under a social tenancy agreement, are subject to registration to improve their living conditions, regardless of the size of the occupied area and are provided with residential premises on an equal basis with other disabled people.

Disabled children living in social service organizations that provide social services in a stationary form and who are orphans or left without parental care, upon reaching the age of 18 years, are subject to being provided with residential premises out of turn, if the individual rehabilitation or habilitation program for a disabled person provides for the opportunity to carry out self-care and lead him an independent life.

Residential premises of a state or municipal housing stock occupied by a disabled person under a social tenancy agreement, when the disabled person is placed in a social service organization that provides social services in a stationary form, is retained by him for six months.

Specially equipped residential premises of the state or municipal housing stock, occupied by disabled people under a social tenancy agreement, upon their vacancy, are occupied first of all by other disabled people in need of improved housing conditions.

Disabled people and families with disabled children are provided with compensation for the cost of living quarters and utilities in the amount of 50 percent:

rental fees and fees for the maintenance of residential premises, including fees for services, work on managing an apartment building, for the maintenance and ongoing repairs of common property in an apartment building, based on the occupied total area of residential premises of state and municipal housing funds;

payments for cold water, hot water, electrical energy consumed during the maintenance of common property in an apartment building, as well as for the disposal of waste water for the purpose of maintaining common property in an apartment building, regardless of the type of housing stock;

payment for utilities, calculated based on the volume of consumed utilities, determined by meter readings, but not more than consumption standards approved in the manner established by the legislation of the Russian Federation. In the absence of the specified metering devices, fees for utility services are calculated based on standards for the consumption of utility services, approved in accordance with the procedure established by the legislation of the Russian Federation;

payment for the cost of fuel purchased within the limits established for sale to the public, and transport services for the delivery of this fuel - when living in houses that do not have central heating.

Disabled people of groups I and II, disabled children, citizens with disabled children are provided with compensation for the costs of paying a contribution for major repairs of common property in an apartment building, but not more than 50 percent of the specified contribution, calculated based on the minimum amount of the contribution for major repairs for one square meter of total living space per month, established by a regulatory legal act of a constituent entity of the Russian Federation, and the size of the regional standard for the standard living space used to calculate subsidies for living space and utilities.

Social support measures for paying utility bills are provided to persons living in residential premises, regardless of the type of housing stock, and do not apply to cases established by the Government of the Russian Federation of applying increasing coefficients to utility consumption standards.

Disabled people and families that include disabled people are given the right to priority receipt of land plots for individual housing construction, farming and gardening.

Article 18. Lost force on September 1, 2013. - Federal Law of July 2, 2013 N 185-FZ.

Article 19. Education of disabled people

The state supports the acquisition of education by people with disabilities and guarantees the creation of the necessary conditions for people with disabilities to receive it.

Support for general education, vocational education and vocational training for people with disabilities is aimed at:

1) their exercise of human rights and freedoms on an equal basis with other citizens;

2) development of personality, individual abilities and capabilities;

3) integration into society.

Bodies exercising management in the field of education and educational organizations, together with social protection authorities and health authorities, ensure that people with disabilities receive public and free pre-school, primary general, basic general, secondary general and secondary vocational education, as well as free higher education.

General education, vocational education and vocational training for disabled people are carried out in accordance with adapted educational programs and individual rehabilitation and habilitation programs for disabled people.

Bodies exercising management in the field of education and organizations carrying out educational activities provide disabled people and their parents (legal representatives) with information on the issues of obtaining general education, vocational education, vocational training and rehabilitation of disabled people.

State authorities and organizations engaged in educational activities provide psychological and pedagogical support when disabled people receive education, including when disabled children receive general education at home and in the form of family education.

Disabled people are provided with the necessary conditions for receiving education in organizations that carry out educational activities in the implementation of basic general education programs, in which special conditions have been created for students with disabilities to receive education, as well as in individual organizations that carry out educational activities in accordance with adapted basic general education programs.

If it is impossible to educate disabled children in basic general education programs in organizations engaged in educational activities, the authorities in charge of education, with the consent of the parents (legal representatives) of disabled children, ensure the organization of training for disabled children in basic general education programs at home. The basis for organizing education for disabled children at home is a written request from their parents (legal representatives) and a conclusion from a medical organization, issued in the manner and under the conditions determined by the federal executive body responsible for the development and implementation of state policy and legal regulation in healthcare sector.

The list of diseases, the presence of which gives the right to study in basic general education programs at home, is approved by the federal executive body authorized by the Government of the Russian Federation.

The procedure for regulating and formalizing relations between a state or municipal educational organization and parents (legal representatives) of disabled children in terms of organizing education in basic general education programs at home is established by a regulatory legal act of the authorized government body of a constituent entity of the Russian Federation. The amount of compensation for the expenses of parents (legal representatives) of disabled children for these purposes is determined by laws and other regulatory legal acts of the constituent entities of the Russian Federation and are the expenditure obligations of the constituent entities of the Russian Federation.

Article 20. Ensuring employment of disabled people

Disabled people are provided with employment guarantees through the following special events that help increase their competitiveness in the labor market:

1) has become invalid. - Federal Law of August 22, 2004 N 122-FZ;

2) establishing in organizations, regardless of organizational and legal forms and forms of ownership, quotas for hiring disabled people and a minimum number of special jobs for disabled people;

3) reserving jobs in professions most suitable for employing people with disabilities;

4) stimulating the creation by enterprises, institutions, organizations of additional jobs (including special ones) for the employment of people with disabilities;

5) creating working conditions for disabled people in accordance with individual rehabilitation and habilitation programs for disabled people;

6) creating conditions for entrepreneurial activity of disabled people;

7) organizing training for disabled people in new professions.

The procedure for holding special events specified in part one of this article is determined by state authorities of the constituent entities of the Russian Federation.

Article 21. Establishing a quota for hiring disabled people

For employers whose number of employees exceeds 100 people, the legislation of the constituent entity of the Russian Federation establishes a quota for hiring disabled people in the amount of 2 to 4 percent of the average number of employees. For employers whose number of employees is no less than 35 people and no more than 100 people, the legislation of a constituent entity of the Russian Federation may establish a quota for hiring disabled people in the amount of no more than 3 percent of the average number of employees.

When calculating the quota for hiring disabled people, the average number of employees does not include workers whose working conditions are classified as harmful and (or) dangerous working conditions based on the results of certification of workplaces for working conditions or the results of a special assessment of working conditions.

If the employers are public associations of disabled people and organizations formed by them, including business partnerships and societies, the authorized (share) capital of which consists of the contribution of a public association of disabled people, these employers are exempt from complying with the established quota for hiring disabled people.

Article 22. Special workplaces for employing disabled people

Special workplaces for employing disabled people are workplaces that require additional measures to organize work, including adaptation of main and auxiliary equipment, technical and organizational equipment, additional equipment and provision of technical devices, taking into account the individual capabilities of disabled people. Special workplaces for the employment of disabled people are equipped (equipped) by employers, taking into account the impaired functions of disabled people and the limitations of their life activities in accordance with the basic requirements for such equipment (equipment) of these workplaces, determined by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of labor and social protection of the population.

Parts three and four are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Article 23. Working conditions for disabled people

For disabled people of groups I and II, a reduced working time of no more than 35 hours per week is established while maintaining full pay.

Involvement of disabled people in overtime work, work on weekends and at night is permitted only with their consent and provided that such work is not prohibited for them due to health reasons.

Disabled persons are granted annual leave of at least 30 calendar days.

Article 24. Rights, obligations and responsibilities of employers in ensuring the employment of disabled people

Employers have the right to request and receive information necessary when creating special jobs for employing people with disabilities.

Employers, in accordance with the established quota for hiring disabled people, are obliged to:

1) create or allocate jobs for employing people with disabilities and adopt local regulations containing information about these jobs;

2) create working conditions for disabled people in accordance with the individual rehabilitation or habilitation program for a disabled person;

3) provide, in accordance with the established procedure, information necessary for organizing the employment of disabled people.

3. Lost power. - Federal Law of December 30, 2001 N 196-FZ.

Articles 25 - 26. Lost force. - Federal Law of August 22, 2004 N 122-FZ.

Article 27. Material support for disabled people

Part two is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Article 28. Social services for disabled people

Part two is no longer valid. - Federal Law of November 28, 2015 N 358-FZ.

Disabled people in need of outside care and assistance are provided with medical and household services at home or in inpatient organizations. The conditions of stay of disabled people in a social service organization that provides social services in a stationary form must ensure that disabled people can exercise their rights and legitimate interests in accordance with this Federal Law and help meet their needs.

Part four has been removed. - Federal Law of October 23, 2003 N 132-FZ.

Disabled people are provided with the necessary means of telecommunications services, special telephone sets (including for subscribers with hearing impairments), and public call centers.

Part five is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Disabled people are provided with household appliances, tiflo-, surdo- and other means they need for social adaptation.

Repair of technical means of rehabilitation of disabled people is carried out out of turn with exemption from payment or on preferential terms.

The procedure for providing services for the repair of technical means of rehabilitation of disabled people is determined by the Government of the Russian Federation.

Article 28.1. Monthly cash payment for disabled people

1. Disabled people and disabled children have the right to a monthly cash payment in the amount and manner established by this article.

2. The monthly cash payment is set in the amount of:

1) disabled people of group I - 2,162 rubles;

2) disabled people of group II, disabled children - 1,544 rubles;

3) disabled people of group III - 1,236 rubles.

4. The size of the monthly cash payment is subject to indexation once a year from February 1 of the current year based on the consumer price growth index for the previous year. The indexation coefficient is determined by the Government of the Russian Federation.

5. The monthly cash payment is established and paid by the territorial body of the Pension Fund of the Russian Federation.

6. Monthly cash payments are made in the manner determined by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of social protection of the population.

Funds for the implementation of transferred powers to provide these social support measures are provided in the federal budget in the form of subventions.

The volume of subventions from the federal budget to the budgets of the constituent entities of the Russian Federation is determined:

for payment of housing and communal services based on the number of persons entitled to the specified measures of social support, data from the federal executive body that carries out the functions of generating official statistical information on social, economic, demographic, environmental and other social processes in the Russian Federation, on the cost housing and communal services in a specific subject of the Russian Federation per 1 square meter of housing area for the reporting year, the federal standard of the social norm for the area of residential premises, approved by the Government of the Russian Federation and used to calculate interbudgetary transfers, as well as based on the minimum established by a specific subject of the Russian Federation the amount of contribution for major repairs of common property in an apartment building;

to provide housing for disabled people and families with disabled children, based on the number of persons entitled to the specified social support measures; the total housing area is 18 square meters and the average market value of 1 square meter of the total housing area in the constituent entity of the Russian Federation, established by the federal executive body authorized by the Government of the Russian Federation.

Subventions are credited in the manner established for the execution of the federal budget to the accounts of the budgets of the constituent entities of the Russian Federation.

The procedure for spending and accounting for funds for the provision of subventions is established by the Government of the Russian Federation.

The form of provision of these social support measures is determined by the regulatory legal acts of the constituent entity of the Russian Federation.

State authorities of the constituent entities of the Russian Federation submit quarterly:

1) to the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of construction, housing policy and housing and communal services, reporting on the implementation of the powers delegated to them by the Russian Federation to provide these measures of social support, including the volume budget expenditures of a constituent entity of the Russian Federation, the source of financial support for which is a subvention from the federal budget for the provision of social support measures for housing, the number of persons who are provided with these social support measures, categories of recipients of social support measures, the grounds for receiving social support measures and the cost of the provided or purchased housing;

2) to the federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the field of labor and social protection of the population, reporting on the implementation of the powers delegated to it by the Russian Federation to provide these measures of social support, including the amount of budget expenditures of the subject of the Russian Federation Federations, the source of financial support of which is a subvention from the federal budget for the provision of social support measures for payment of housing and communal services, the number of persons who are provided with these social support measures, categories of recipients of social support measures, the grounds for receiving social support measures and the size of the occupied area of the premises .

Additional reporting data is presented in the manner determined by the Government of the Russian Federation.

Funds for the implementation of these powers are targeted and cannot be used for other purposes.

If funds are not used for their intended purpose, the authorized federal executive body has the right to collect these funds in the manner established by the legislation of the Russian Federation.

Control over the expenditure of funds is carried out by the federal executive body exercising control and supervision functions in the financial and budgetary sphere, the federal executive body exercising control and supervision functions in the field of labor and social protection of the population, and the Accounts Chamber of the Russian Federation.

State authorities of the constituent entities of the Russian Federation have the right to vest, by the laws of the constituent entities of the Russian Federation, local self-government bodies with the powers to provide social support measures specified in part one of this article.

Articles 29 - 30. Lost force. - Federal Law of August 22, 2004 N 122-FZ.

Article 31. The procedure for maintaining social protection measures established for people with disabilities

Parts one and two are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Article 32. Responsibility for violation of the rights of persons with disabilities. Dispute resolution

Citizens and officials guilty of violating the rights and freedoms of people with disabilities bear responsibility in accordance with the legislation of the Russian Federation.

Disputes regarding the establishment of disability, the implementation of individual rehabilitation programs, habilitation of people with disabilities, the provision of specific measures of social protection, as well as disputes concerning other rights and freedoms of people with disabilities, are considered in court.

Chapter V. PUBLIC ASSOCIATIONS OF DISABLED PERSONS

Article 33. The right of disabled people to create public associations

Public associations created and operating in order to protect the rights and legitimate interests of people with disabilities, providing them with equal opportunities with other citizens, are a form of social protection for people with disabilities. The state provides assistance and assistance to these public associations, including material, technical and financial. Local government bodies have the right to provide support to public associations of people with disabilities at the expense of local budgets (with the exception of interbudgetary transfers provided from the budgets of the budgetary system of the Russian Federation).

Federal executive authorities, executive authorities of constituent entities of the Russian Federation, local government bodies, organizations, regardless of organizational and legal forms and forms of ownership, attract authorized representatives of public associations of disabled people to prepare and make decisions affecting the interests of disabled people. Decisions made in violation of this rule may be declared invalid in court.

Public associations of disabled people and organizations that were created by all-Russian public associations of disabled people, and whose authorized capital consists entirely of contributions from public organizations of disabled people, and the average number of disabled people in which in relation to other employees is no less than 50 percent, and the share of wages of disabled people in the fund wages - no less than 25 percent, state authorities and local governments can also provide support by providing free use of property (including buildings, non-residential premises) used by these associations and organizations legally for at least five years the moment of provision of such property.

Providing support to public associations of disabled people can also be carried out in accordance with the Federal Law of January 12, 1996 N 7-FZ “On Non-Profit Organizations” in terms of socially oriented non-profit organizations.

For organizations that were created by all-Russian public associations of disabled people, and whose authorized capital consists entirely of contributions from public organizations of disabled people, and the average number of disabled people in relation to other employees is no less than 50 percent, and the share of wages of disabled people in the wage fund - no less than 25 percent, the Federal Law of July 24, 2007 N 209-FZ “On the development of small and medium-sized businesses in the Russian Federation” applies if these organizations comply with the requirements established by the said Federal Law, with the exception of paragraph 1 of part 1 of article 4 of the said Federal Law.

Chapter VI. FINAL PROVISIONS

Article 35. Entry into force of this Federal Law

This Federal Law comes into force on the date of its official publication, with the exception of articles for which other dates of entry into force are established.

Articles 14, 15, 16 of this Federal Law come into force during 1995 - 1999. The specific dates for the entry into force of these articles are determined by the Government of the Russian Federation.

Article 36. Effect of laws and other normative legal acts

The President of the Russian Federation and the Government of the Russian Federation should bring their regulatory legal acts into compliance with this Federal Law.

The president
Russian Federation
B.YELTSIN

Russia has ratified the Convention on the Rights of Persons with Disabilities. In this regard, on January 1, 2018, a federal law came into force establishing the accessibility of various facilities and services for people with disabilities. At the request of our readers, we publish what changes will occur in the lives of people with disabilities.

From January 1, 2018, people with disabilities have the right to be accompanied

To begin with, we note that Federal Law No. 419-FZ “On amendments to certain legislative acts of the Russian Federation in connection with the ratification of the Convention on the Rights of Persons with Disabilities” was adopted on December 1, 2014, but came into force on January 1, 2018. And even then not in full. Some of its articles will come into effect on July 1, 2017, and some on January 1, 2018. It makes changes to almost all legal acts from the point of view of ensuring the opportunity for people with disabilities to use services in all spheres of life. First of all, changes have been made to Federal Law No. 181-FZ “On the social protection of disabled people in the Russian Federation”.

Article No. 15 of this law specifically talks about unimpeded access for people with disabilities to social, engineering and transport infrastructure.

Pharmacies, laundries, hairdressers and any other organizations must provide disabled people with the opportunity to use their services.

But here we must take into account that it is often simply impossible to equip a building with ramps or special lifts for the disabled. The legislator has provided that in this case, organizations must agree with disabled people's societies on other ways of providing services to disabled people. This could be home delivery of goods, cooperation with social workers who will purchase goods for a disabled person, transportation of a person to a building, provision of services by mail or the Internet, etc. This work, by the way, has already been partially organized in the region. Disabled people can always contact the social taxi service.

Are these services free?

It does not follow from the law that all disabled people should be provided with free transportation to the place they need. The document only provides for the possibility of using transport services.

Who will accompany people with disabilities?

Both social workers and service workers. The law does not stipulate that each disabled person will be “assigned” an accompanying person. This is a service that will be provided within the framework of social security for disabled people.

Let’s say a disabled person wants to buy medicine at a pharmacy near their home, but there is no ramp there. What should he do? According to the law, from January 1 he must be provided with a service

If a disabled person is served by a social worker, then the social worker will take care of the purchase and delivery of medications. If a disabled person is not served at home by a social worker, he can seek help from social security or demand that pharmacy workers provide him with the necessary assistance.

What actions can people with disabilities expect from social security in such a situation?

A social worker must be assigned. If we consider this situation with a pharmacy, the social worker will purchase the necessary medications and take them home. But in the future, the mechanism that is provided must work, that is, each pharmacy must provide disabled people with the opportunity to receive services from them.

In the future, administrative liability will be introduced for organizations that do not comply with the law. That is, if a disabled person informs us that he was not provided with a certain service due to lack of access to the organization, the institution may be fined.

The law states that only newly commissioned buildings will be equipped with ramps. But at the same time, owners of existing facilities are still required to take measures to ensure access. Let us explain this provision of the law.

Indeed, from this year, any newly introduced facilities must meet accessibility requirements for people with limited mobility.

Should there be ramps installed everywhere?

Ramps, elevators, widened openings, etc. As for already introduced facilities, if they cannot be converted, it must be agreed with the disabled people's societies that it is possible to achieve only partial or conditional accessibility.

Who is responsible for the fact that ramps are not installed in high-rise buildings?

The management company that maintains this house. The problem of installing ramps in apartment buildings is very serious for the following reason: the ramp is part of capital construction. In most buildings, the bulk of the apartments are privatized, so obtaining permission to install a ramp or lifts requires the consent of the residents. Many do not give it: someone does not agree with the installation of ramps, believing that they will interfere with the exit from the entrance.

Changes in the procedure for providing housing benefits to disabled people

We have brought regional legislation into line with federal legislation. Taking into account the fact that all benefits for people with disabilities to pay for housing and housing and communal services are paid from federal funds, they are directly regulated by Federal Law 181 on the social protection of people with disabilities.

181 of the law clearly states that a 50% discount on housing costs is available to disabled people living in state and municipal housing stock.

That is, those who live in a privatized, purchased or donated apartment do not have this benefit. And the second point - according to regional legislation, the benefit extended to all family members of a disabled person, but according to federal legislation, the payment is made specifically to the disabled person - without taking into account the family members who live with him.

Some residents are outraged by this. I would like them to understand that these benefits are paid from federal funds. There is no talk of saving!

Benefits for major repairs

By the way, many disabled people are also labor veterans. They have the right to choose in which category to provide this benefit: to receive it as a disabled person or as a labor veteran. In the latter case, they will receive benefits under the same conditions.

The new law also provides a 50% discount on major repairs for people over 75 years old.

This norm was provided for by Federal Law No. 399-FZ of December 29, 2015:

50% discount on major repairs for disabled people of groups 1-2 and families with a disabled child. This payment is valid from January 1.

The law speaks of the right of the region to establish a benefit for people over 75 years old - a 50% discount on the cost of major repairs, and for those over 80 years old - a 100% discount. It is the right of each region of our country to establish a benefit or not.