Ways to protect the rights of people with disabilities. Protection of the rights of people with disabilities in the Russian Federation. Legal assistance to disabled people and persons with disabilities

Despite the active work of human rights defenders, cases of non-compliance with the interests of persons with disabilities continue to arise. To correct situations with violations, international agreements are being successfully disseminated - every year an increasing number of countries become parties to agreements of this nature.

International advocacy: basic documents. UN Convention

Protection is implemented in accordance with the provisions of numerous international documents:

• Universal Declaration of Human Rights (12/10/1948);
• Declaration of the Rights of the Child (11/20/1959);
• International Covenants on the Rights of the Child (07/26/1966);
• Declaration of Social Process and Development (12/11/1969);
• Declaration of the Rights of Mentally Retarded Persons (12/20/1971);
• Declaration of the Rights of Persons with Disabilities (12/9/1975);
• Convention on the Rights of Persons with Disabilities (12/13/2006).

The Convention is a combination of two components: the text itself, reflecting the main elements of the idea, and the Optional Protocol. In March 2007, these positions became available for signature by countries that are members of the UN.

The Convention was the first international agreement operating at such a high level. It reflects not only the conditions for realizing the interests of people with disabilities, but also indicates certain categories of people who need help for effective social adaptation.

Ratification of the 2006 convention. Countries party to the convention.

Ratification is the recognition of the legal characteristics of an agreement, contract or other document through official confirmation of consent by a special body of the participating party.

In accordance with certain norms of the Constitution of the Russian Federation, any ratified agreement at the international level will have greater legal force than another legislative domestic act - this also applies to aspects of the country’s Constitution.

Basic principles of the UN convention

Ratification of the Convention occurred with varying degrees of success. As a result, 4 groups of countries were identified that in one way or another considered it necessary to take part in confirming the ideological and legal aspects of the document:

The Russian Federation belongs to the third group. The government of the country decided to ratify only the Convention itself - the signing of the Optional Protocol was ignored.

This position means that in case of non-compliance with aspects of the Convention, individuals will not be able to apply to a special international Committee after they have failed to satisfy the complaint in domestic state instances.

1975 Declaration

The Declaration was adopted by a General Assembly resolution in 1975, the first agreement signed at the international level and covering all categories of disability.

In terms of the volume of text, this document is clearly inferior to modern variations of the written expression of the protection of the rights of citizens with disabilities - its content is limited to 13 articles.

The Declaration gives a rather vague concept of people with the status of "disabled", therefore, in the future it is clarified by other international documents. As for the main points, the agreement equalizes the main interests of the category of persons in question with the rest of the citizens of the countries and determines their inalienable right to respect for human dignity.

It is worth noting that it was the 1975 Declaration that served as the basis for the creation of the 2006 UN Convention.

Convention for the Protection of Persons with Disabilities

A convention is an international agreement that establishes the interests and obligations of parties to a treaty - including compliance, protection and promotion of the provisions of the document.

The Convention was adopted by the UN in 2006 and entered into force on May 3, 2008 - thirty days after the number of participating countries reached twenty.

At the same time, a Rights Committee was formed to oversee the implementation of the relevant provisions. Persons with disabilities, if their rights are violated, can file a complaint with the Committee for an investigation.

Also, as another effective mechanism for implementing the provisions of the agreement, the Conference of States Parties was formed. The purpose of its activities is to accept and analyze problematic issues of the contract.

Separately, it is worth noting once again the Optional Protocol, an agreement that is an addition to the Convention. It aims to strengthen aspects of the document and monitors the implementation of the provisions of the Convention.

The signing of the Protocol provides an opportunity for a disabled person whose rights have not been respected to protect their own rights at the international level.

Rights of people with disabilities in Russia

Federal Law of Russia, Art. 181

The protection of people with disabilities is built not only through international agreements, but also in accordance with domestic regulations. In particular, in Russia in 1995, Federal Law No. 181 was adopted, which provides for ensuring the interests of people with disabilities in the social field.

The implementation of the provisions is carried out with the help of special public associations, which open and conduct their activities in accordance with the relevant legislative acts.

In turn, the Government of the country undertakes to provide comprehensive assistance to such organizations and assist in every possible way in the development of the company - this also applies to the allocation of free additional funding.

Elected representatives of associations take part in the drafting of legislative documents relating to the interests of persons with disabilities.

Labor rights

Labor interests are defined:

• establishing a minimum quota of jobs in organizations - determined by the executive bodies of the region of the Russian Federation;
• allocation at the enterprise of separate groups of specialties suitable for people with disabilities;
• introduction of measures to encourage organizations to accept persons with disabilities;
• preparation of additional courses to train people with disabilities in new professions;
• creation of working conditions in accordance with the parameters of the individual rehabilitation program.

These provisions are specified in Art. 92 of the Labor Code of the Russian Federation - disabled people of categories 1 and 2 can work no more than 35 hours in a working week - while the employer is obliged to pay for their work in accordance with the amount due for a full week. As for people in group 3, the standard working week is approved for them - 40 hours.

Important: this fact can be changed if the medical report reflects the need to reduce working hours. Remuneration is calculated in proportion to the actual time worked.

Standard leave for a disabled person of any group is 30 days. It is also worth noting that Art. 128 of the Labor Code of the Russian Federation obliges the employer to provide unpaid leave of up to 60 days if there are valid reasons.

For persons with a hearing impairment, the possibility of free use of the services of a sign language interpreter is available for employment - the availability of such an option and other criteria are determined by local public organizations.

Personal

Personal interests include the right:

• to equality and non-discrimination,
• for life;
• freedom from cruel and degrading torture;
• the ability to move freely;
• to respect the individual;
• for citizenship.

In general, they correspond to the rights of any other citizen.

Political

Socio-economic

For persons with disabilities, state social support tools are available, which are established by Federal Law No. 178:

• allocation of vital drugs and medical equipment;
• provision of vouchers for treatment - if this is indicated in the conclusion;
• free travel without charging a fee - by railway transport to the place of treatment and back;

Important: payment for these services is carried out from the amount of monthly cash payments.

Cultural

In Art. 19 of the Federal Law No. 181, the state guarantees the provision of the necessary conditions for disabled people to study in an educational institution, which ensures the fulfillment of three areas:

• integration of the individual into society;
• diversified development of the individual and his abilities;
• respect for human interests and freedoms.

Training takes place either according to a general program or according to one adapted to the individual characteristics of a disabled person. If there is no opportunity to receive education in relevant organizations, the child can receive knowledge at home.

Also, persons with disabilities can take part in the cultural life of society, participate in sports competitions and spend leisure time at their own discretion.

Health protection

In Art. 11 Federal Law No. 181 states that if the individual rehabilitation program for a disabled person reflects the need to carry out certain measures, then the Government is obliged to implement them free of charge when they are included in the list (approved by Decree of the Government of the Russian Federation No. 2347-r).

If it is not possible to fulfill the specialist’s instructions, the disabled person is paid compensation when purchasing equipment or services at his own expense.

A person with disabilities can receive a labor or social pension (Federal Law No. 173), monthly payments (Federal Law No. 181) - their size depends on the assigned group.

Housing, right to additional space

In Art. 17 Federal Law No. 181 states: regardless of the assigned category, disabled people can use a discount on payment for living space - at least 50%. Important: this right can only be exercised in relation to the premises of a state or municipal fund.

In addition, the amount for using utilities or purchasing fuel may be reduced by the same amount. To do this, you will need to provide a certificate of disability to the organization collecting funds.

If a disabled person has a disease specified in Decree of the Government of the Russian Federation No. 817, then he can apply for additional meters.

It is also worth noting the right to priority assignment of plots for further housing construction according to an individual program or gardening.

Responsibilities of disabled people

A disabled person is a citizen of the country. The duties of a citizen are reflected in the Constitution:

• comply with the provisions of the Constitution;
• promote the preservation of the historical heritage of the country, nature and the environment;
• pay taxes and fees to the state in the prescribed amount;
• defend the Fatherland;
• take care of children and parents.

Exemption from any obligation is possible if a citizen is recognized as disabled or incapacitated.

Guardian rights

A guardian is an adult and capable person after this status is approved by the department of guardianship and guardianship at the place of registration of the needy. The latter can be:

• a disabled child recognized as incompetent due to age (less than 18 years);
• an adult with the status of “incompetent.”

Important: guardianship cannot be carried by parents deprived of their rights, as well as persons with a criminal record under the article of causing harm to health.

The government provides for the provision of monthly financial assistance to guardians in the amount of 1.2 thousand rubles.

Violations of the rights of a disabled person: what is it, where to turn, responsibility and punishment

When determining a violation of interests and rights, the following criteria are taken into account:

• fact of commission of an act- it can be expressed not only in the implementation of any active actions - damage can also be caused by inaction;
• causing harm - indicates that the nature of the activity is directed against society;
• allocation of guilt occurs by determining the attitude of the offender to his actions and the consequences arising from them. There are two forms: failure to comply with the law intentionally or through negligence;
• responsibility– who ensures the safety of the interests of the disabled person.

In case of non-compliance with regulations, a disabled person or other interested parties can file a claim with the judicial authorities to restore their rights.

If a person fails to defend his interests within the country, he must, within 6 months, appeal to the European Court, whose activities are regulated by the provisions of the Convention.

There are public associations on the territory of the Russian Federation aimed at assisting people with disabilities. Therefore, if necessary, the latter can contact such organizations - their services are completely free.

In actual practice, most violations of interests occur in the sphere of labor relations. For example, the employer often ignores the articles of the law concerning the provision of a minimum quota for persons with disabilities or ensuring adequate working conditions.

In this case, the interested person must contact management with a written request to correct the violations. If this does not lead to anything, a disabled person can safely go to a public association, where he will be helped with drawing up an application, advised and provided with the services of a permanent representative in the prosecutor’s office and court.

As the statistics of court decisions on these issues show, the employer ultimately receives a fine, is forced to pay compensation and provide a workplace or the necessary working conditions.

Institutions

Rights Committee

The Committee is a meeting of 18 independent experts who monitor compliance with the provisions of the 2006 Convention in the signatory states. The latter, in turn, regularly send reports to the Committee on the successful implementation of the rights of persons with disabilities.

The Protocol to the Convention gives the supervisory authority the power to receive and consider complaints, as well as conduct investigations into violations of rights. After this, a notice is sent to the participating country regarding non-compliance with the provisions of the international agreement.

Protection of rights by the prosecutor's office

Certain articles of federal laws and codes of the Russian Federation relate to the observance of rights. Therefore, in case of violation of his interests, a citizen can contact the prosecutor’s office with a written statement. State officials are obliged to accept it for consideration and, if necessary, open a case under the relevant article.

Further proceedings take place in court, where the plaintiff and defendant are summoned to clarify information and protect their own freedom.

Important: before submitting an application, it is recommended to consult with a specialist on the issue of interest - this will help to avoid mistakes and achieve greater efficiency from the process.

Society for the Protection of Rights

Society is the unification of citizens into an organizational structure that ensures the protection and observance of rights. The state provides them with support of a very different nature.

The Society’s tasks also include providing medical supplies or equipment to people in need, assistance for successful integration into society, and psychological services. Depending on the level of activity of the organization, these areas may be supplemented.

The protection of people with disabilities is improving every year both at the state level and at the international level. Government representatives understand that people with disabilities should not be discriminated against - they are ordinary citizens.

Legislation exists to support this position. They are assisted by Committees, public associations and traditional law enforcement agencies.

Federal Law on “Social Protection of Disabled Persons in the Russian Federation”

FEDERAL LAW ON SOCIAL PROTECTION OF DISABLED PEOPLE IN THE RF November 24, 1995 N 181-FZ (as amended on 12/09/2010 No. 351-FZ). The edition is valid from 01.02.11. Name day Articles 11 and 11.1

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 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.

(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 impairment 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)

ConsultantPlus: note.

For some measures of social support for people with disabilities, see Decree of the President of the Russian Federation dated May 6, 2008 N 685.

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 people 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;

implementation of accreditation of enterprises, institutions and organizations that are federally owned and carry out activities in the field of rehabilitation of disabled people;

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

ConsultantPlus: note.

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) is no longer valid. - 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 persons with disabilities in order to provide them with equal opportunities and social integration into society, as well as the right to exercise control over their implementation;

5) exchanging 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 disabled people at the expense of 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;

implementation of training activities in the field of social protection of persons with disabilities;

9) financing of scientific research, research and development work in the field of social protection of persons with disabilities;

10) assistance to public associations of disabled people.

Article 6. Responsibility for causing harm to health resulting in disability

For causing harm to the health of citizens that led to disability, the persons guilty of 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

Medico-social expertise - determination in accordance with the established procedure of the needs of the person being examined for social protection measures, including rehabilitation, based on an assessment of disability caused by a persistent disorder of body functions.

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

Article 8. Federal institutions of medical and social examination

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

Medical and social expertise is carried out by federal institutions of medical and social expertise, 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 federal executive body authorized by the Government of the Russian Federation.

(as amended by Federal Laws dated August 22, 2004 N 122-FZ, dated July 23, 2008 N 160-FZ)

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) establishment of disability, its causes, timing, time of onset of disability, the needs of a disabled person in 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 people with disabilities, prevention of disability and social protection of people with disabilities;

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

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

The decision of the institution of medical and social expertise is binding on the relevant state authorities, local governments, as well as organizations, regardless of organizational and 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 - a system and process of full or partial restoration of the abilities of disabled people for household, 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 health 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 program for the rehabilitation of a disabled person

Individual rehabilitation program for a disabled person - developed on the basis of a decision of an authorized body that manages federal institutions of medical and social expertise, a set of rehabilitation measures that are optimal 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 fees 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 of 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)

Disabled persons who, in accordance with this Federal Law, purchased a technical means of rehabilitation at their own expense and (or) paid for the service before February 1, 2011, are paid compensation in accordance with the Federal Law of November 24, 1995 N 181-FZ (as amended on July 24, 2009 ) regardless of the date of application for this compensation (Federal Law of December 9, 2010 N 351-FZ).

If the technical means of rehabilitation and (or) service provided for by the individual rehabilitation program cannot be provided to the disabled person, or if the disabled person has acquired the appropriate technical means of rehabilitation and (or) paid for the service at his own expense, he shall be 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 responsible for developing state policy and legal regulation in the field of healthcare and social development.

(Part six as amended by Federal Law dated December 9, 2010 N 351-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, Federal Law of November 24, 1995 N 181-FZ “On social protection of disabled people in the Russian Federation” (adopted by the State Duma of the Federal Assembly of the Russian Federation on July 20, 1995))

Article 11.1. Technical means of rehabilitation of the disabled

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

(Introduced by Federal Law No. 132-FZ of October 23, 2003)

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)

The technical means of rehabilitation of the disabled 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;

special means of transportation (wheelchairs).

(paragraph introduced by Federal Law dated December 9, 2010 N 351-FZ)

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.

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.

(as amended by Federal Laws dated August 22, 2004 N 122-FZ, dated December 9, 2010 N 351-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 at the expense of 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 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.

(as amended by Federal Laws dated July 23, 2008 N 160-FZ, dated December 9, 2010 N 351-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 11.1, Federal Law of November 24, 1995 N 181-FZ “On social protection of disabled people in the Russian Federation” (adopted by the State Duma of the Federal Assembly of the Russian Federation on July 20, 1995))

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. 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.

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 federal body authorized by the Government of the Russian Federation executive power.

(as amended by Federal Law No. 160-FZ of July 23, 2008)

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 with disabled people are given the right to receive land plots for individual housing construction, maintenance of subsidiary and summer cottages and gardening as a matter of priority.

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 federal state educational standards on the basis of educational programs adapted for training people with disabilities.

(as amended by Federal Law dated December 1, 2007 N 309-FZ)

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 of 22.08.2004)

Article 20

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, a quota for hiring disabled people and a minimum number of special jobs for disabled people;

3) reservation of jobs in professions most suitable for the employment of disabled people;

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

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

6) creating conditions for entrepreneurial activity of disabled people;

7) organizing training for disabled people in new professions.

Article 21

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

For organizations with more than 100 employees, the legislation of the subject 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

Special workplaces for the employment of persons with disabilities - workplaces that require additional measures for the organization of labor, including the adaptation of basic and auxiliary equipment, technical and organizational equipment, additional equipment and the provision of technical devices, taking into account the individual capabilities of persons with disabilities.

The minimum number of special jobs for the employment of 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

Employers have the right to request and receive information necessary when creating special jobs for the employment of disabled people.

(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

ConsultantPlus: note.

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)

ConsultantPlus: note.

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 disabled people is determined by the federal executive body authorized by the Government of the Russian Federation.

(Part eight was introduced by Federal Law dated October 23, 2003 N 132-FZ, as amended by Federal Laws dated August 22, 2004 N 122-FZ, dated July 23, 2008 N 160-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.

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.

ConsultantPlus: note.

On the procedure for establishing the amount of monthly cash payments to citizens recognized in the prescribed manner as disabled before January 1, 2010, see Part 4 of Article 37 of Federal Law No. 213-FZ of July 24, 2009.

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.

(Part two as amended by Federal Law dated July 24, 2009 N 213-FZ)

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 disaster at the Chernobyl nuclear power plant" (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 due to 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 once a year from April 1 of the current year based on the forecast inflation rate established by the federal law on the federal budget for the corresponding financial year and for the planning period.

(as amended by Federal Law dated July 24, 2009 N 213-FZ)

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.

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.

(Part eleven was introduced by Federal Law No. 230-FZ of October 18, 2007)

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

Public associations created and operating in order to protect the rights and legitimate interests of disabled people, to provide them with equal opportunities with other citizens, are a form of social protection for disabled people. The state renders assistance and assistance to the said public associations, including material, technical and financial assistance.

(as amended by Federal Law No. 5-FZ of 04.01.1999)

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

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

Federal executive authorities, executive authorities of the constituent entities of the Russian Federation, organizations, regardless of their organizational and legal forms and forms of ownership, involve 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.

Enterprises, institutions, organizations, business partnerships and companies, buildings, structures, equipment, transport, housing stock, intellectual property, cash, shares, shares and securities, as well as any other property and land plots may be owned by public associations of disabled people 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 shall enter into force on the day of its official publication, with the exception of articles for which other effective dates have been 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.

Section "Labor_law_and_social_security_law"

Since its founding, the United Nations (hereinafter referred to as the UN) has been making efforts to improve the situation and lives of people with disabilities. The fundamental principles governing the rights and welfare of persons with disabilities are contained in international treaties such as the UN Charter and the International Bill of Human Rights (includes three documents): the Universal Declaration of Human Rights (1948), the International Covenant on Economic, Social and Cultural Rights (1966) and the International Covenant on Civil and Political Rights (1966) and its two additional protocols. An example of such a principle is non-discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. The above treaties established universal human rights standards that contributed to the further development of international legal standards on a wide range of issues, including the rights of persons with disabilities.

UN activism to promote the rights and well-being of people with physical disabilities began in the 1940s and continued into the 1950s. XX century. The UN provided assistance to governments in the prevention and rehabilitation of disabilities through advisory missions, training seminars for personnel and the establishment of rehabilitation centers.

However, it was only in 1970 that the UN adopted an international concept of human rights that focused on people with disabilities and equalized opportunities for this category of people, which soon began to gain international recognition. It is important to note that the Declaration of Social Progress and Development already speaks of “the need to take appropriate measures to restore the working capacity of persons with mental or physical disabilities... the creation of social conditions in which disabled persons are not discriminated against because of their disabilities.” In 1971, the UN General Assembly adopted the Declaration of the Rights of Mentally Retarded Persons, which declared: “a mentally retarded person has, to the maximum extent feasible, the same rights as other persons.” The provisions of this Declaration were aimed at helping mentally retarded persons develop their abilities in various fields of activity. Further, in 1975, the UN General Assembly adopted the Declaration on the Rights of Persons with Disabilities, which served as “the general framework and guidance for the protection of these rights of persons with disabilities.” The Declaration contains a definition of the concept of “disabled person”, and also proclaims equal civil and political rights, which persons with disabilities can enjoy regardless of race, color, sex, language, religion, political or other opinion, national or social origin, financial status, birth or any other factor. The recommendations contained in the Declaration of the Rights of Persons with Disabilities aim to guide action at the national and international levels.

In 1976, the UN General Assembly proclaimed 1981 the International Year of Persons with Disabilities (hereinafter referred to as IYD). This year was dedicated to achieving a number of goals aimed at equalizing opportunities for people with disabilities, rehabilitation and prevention of disability. In addition, all Member States and relevant organizations were invited to pay attention to the development of measures and programs to implement the objectives of the IHI. The main result of the MHI was the adoption by the UN General Assembly on December 3, 1982 of the World Program of Action for Persons with Disabilities. The fundamental goal of the World Program of Action for Persons with Disabilities “is to promote effective measures for the prevention of disability, rehabilitation and the realization of the goals of “equality” and “full participation” of persons with disabilities in social life and development.” In order to provide a time frame within which governments and organizations can implement the actions recommended in the World Program of Action, the General Assembly proclaimed 1983–1992. United Nations Decade of Disabled Persons. During this period, the UN General Assembly adopted the Tallinn Guidelines for Action on Human Resources Development in the Field of Disability and the Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care. However, the main achievement of the proclaimed Decade of Persons with Disabilities was the adoption by the UN General Assembly of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (hereinafter referred to as the Rules), which were developed based on the experience gained during the Decade of Persons with Disabilities. The purpose of the Rules is to ensure that persons with disabilities, as members of society, have the same rights and responsibilities as other persons. These Rules are not binding, although they may become customary international law if applied by a large number of States that wish to comply with international law. Thus, the political and moral basis of these Rules are the International Bill of Human Rights, the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, and the World Program of Action regarding Persons with Disabilities. In addition, these Rules provide for a monitoring mechanism through the appointment of a Special Rapporteur who reports annually to the Commission for Social Development. In turn, the reports should contain conclusions regarding the promotion and monitoring of the implementation of the Standard Rules, as well as recommendations for their further development, submitted at the request of the Commission.

A turning point in the process of recognizing disability as an international legal issue was marked by the adoption on December 13, 2006 of the Convention on the Rights of Persons with Disabilities (hereinafter referred to as the Convention) and its Optional Protocol. The Convention represents the first comprehensive human rights treaty of the 21st century and is the first human rights convention open to signature by regional integration organizations. Its purpose is to promote, protect and ensure all persons with disabilities all human rights and fundamental freedoms. An important achievement of the Convention lies in the content of the concept of “disabled person”. According to Art. 1 “Persons with disabilities include persons with long-term physical, mental, intellectual or sensory impairments which, when interacting with various barriers, may prevent them from fully and effectively participating in society on an equal basis with others.” In addition, the Convention provides a general breakdown of persons with disabilities into categories: women with disabilities and children with disabilities. This Convention not only contains all categories of rights and freedoms, but also explains and defines the ways in which these rights and freedoms apply to persons with disabilities. Thus, the realization of the right to education without discrimination and on the basis of equality is recognized for people with disabilities. In turn, the State Party to the Convention must ensure access to inclusive education at all levels and lifelong learning. The provisions of the Convention provide for the creation and functioning of the Committee on the Rights of Persons with Disabilities (hereinafter referred to as the Committee). The supervisory function of the Committee is to consider the reports of States Parties on the measures taken to implement their obligations under this Convention, as well as on the progress made in this regard.

In order to further effectively develop international legislation to protect the rights and freedoms of persons with disabilities, states must not only support cooperation at the international level, but also take appropriate and effective measures within the framework of national policies. In addition, at the present stage, it is important to develop partnerships with relevant international and regional organizations and interact with civil society and organizations of people with disabilities. In turn, this kind of interaction can act as a guarantor for people with disabilities in their full enjoyment of human rights and fundamental freedoms.

N.M. Shevko International University "MITSO", Minsk

Related materials

Source // Second Perm Congress of Legal Scientists: materials of the international scientific and practical conference (Perm, Perm State National Research University, October 28–29, 2011) / rep. ed. O.A. Kuznetsova; Perm State National Research University - Perm, 2011 - 349 p.