Social and legal support for disabled people in the Russian Federation. Disabled people as an object of social security in the Russian Federation. social protection disabled person

The legal regulation of the system is implemented through the design of social services, formalization, standardization, licensing, regulation and information.

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

The law provides for various forms of social services: at home (including social and medical services); semi-stationary - in departments of day (night) stay of citizens; stationary social services in boarding homes, boarding houses and other non-stationary institutions; urgent - in urgent situations; organizing meals, providing clothing, shoes, overnight accommodation, urgent provision of temporary housing, additional assistance; social counseling assistance.
Significant issues of social protection of disabled people received a legal basis in the Federal Law of July 20, 1995 “On the social protection of disabled people in the Russian Federation”. The law defines the powers of government bodies in the field of social protection of people with disabilities.
It reveals the rights and responsibilities of medical and social examination bodies; establishes the terms of payment for medical services provided to disabled people, reimbursement of expenses incurred by the disabled person himself, his relationship with the rehabilitation authorities for the social protection of disabled people; obliges all authorities, heads of enterprises, organizations to create conditions that allow people with disabilities to freely and independently use all public places, institutions, transport, move freely on the street, in their own homes, in public institutions; provides benefits for priority receipt of housing, appropriately equipped; it pays attention to ensuring the employment of disabled people, defines legal norms for resolving such significant issues of employment of disabled people as the equipment of special workplaces, working conditions of disabled people, the rights, duties and responsibilities of employers for ensuring the employment of disabled people, the procedure and conditions for recognizing a disabled person as unemployed, state incentives for participation enterprises and organizations in ensuring the life of disabled people; considered in matters of material support and social services for people with disabilities. Significant benefits and discounts are provided for the payment of utilities, for the purchase of disabled devices, tools, equipment, and payment for sanatorium and resort vouchers.

Disability, no matter how it is defined, is known in any society, and each state, in accordance with its level of development, priorities and capabilities, forms social and economic policies regarding people with disabilities.

Basic principles for formulating policies regarding people with disabilities:

1. The state is responsible for eliminating the conditions leading to disability and resolving issues related to the consequences of disability.

2. The state provides disabled people with the opportunity to achieve the same standard of living as their fellow citizens, including in the areas of income, education, employment, healthcare, and participation in public life.

3. Disabled people have the right to live in society; society condemns the isolation of disabled people. To achieve this, society strives to create conditions for the independent life of disabled people (barrier-free environment).

4. Persons with disabilities are recognized as having the rights and responsibilities of citizens of a given society. The state is competent to recognize, ensure and implement the rights and responsibilities of people with disabilities as members of society.

5. The state strives for equal access to social policy measures for people with disabilities throughout the country, regardless of where the disabled person lives (in rural or urban areas, the capital or the province).

6. When implementing policies regarding people with disabilities, the characteristics of an individual or groups of people with disabilities must be taken into account: all people with disabilities, due to the specifics of their disease, are in different starting conditions, and to ensure the rights and responsibilities of citizens of the country, their own set of measures is carried out in relation to each group of people with disabilities.

State policy currently remains the primary public mechanism in defining, categorizing, and legalizing disability and continues to be an essential element in constructing and maintaining the dependent status of people with disabilities.

In Russian debates on social policy for people with disabilities, along with the approval and acceptance of integration ideas, the question of costs and benefits is raised, while the quality and range of existing social protection measures remains a secondary issue. Social legislation and programs contain the necessary requirements for accessibility and integration, but in practice it is not always possible to talk about the readiness and ability to provide what is stated and achieve the stated goals.
The social protection systems for people with disabilities that have developed in developed countries include a number of interrelated elements, reflected in the normative consolidation of the rights of people with disabilities, the rights and responsibilities of government bodies, public and charitable organizations, and the forms and methods of their activities in this area.

The main criteria for the development of state policies regarding people with disabilities are:

· Availability of an officially recognized disability policy.

· Availability of special anti-discrimination legislation regarding persons with disabilities.

· Judicial and administrative mechanisms for the implementation of the rights of persons with disabilities.

· Availability of non-governmental organizations of disabled people.

· Access of people with disabilities to the implementation of civil rights, including the right to work, to education, to start a family, to privacy and property, as well as political rights.

· Availability of a barrier-free physical and social environment.

December 3 is International Day of Persons with Disabilities. This is not a holiday, this is a day when every country must report on how it respects the rights of people with disabilities, how it cares for them. On this day, society should remember about people with disabilities who need help, kindness, attention and compassion.

The federal law determines the state policy in the field of social protection of disabled people in the Russian Federation and establishes a system of guaranteed

the state of economic, social and legal measures that provide disabled people with conditions for overcoming, replacing (compensating) limitations in life and aimed at creating opportunities for them to participate in the life of society equal to other citizens.

The social and legal basis for social work with disabled people is the Law of the Russian Federation “On social protection of disabled people in the Russian Federation” dated November 24. 1995.

The Decree of the President of the Russian Federation “On measures for social support of large families” dated 05.05 was issued. 1993. Legal acts have been adopted to regulate social work with migrants, refugees, internally displaced persons, and the unemployed. Consequently, a social worker needs legal competence, knowledge of the Constitution as the Basic Law of the state and regulations to protect the rights and legitimate interests of people.

The regulatory framework in the field of education of persons with disabilities in the Russian Federation consists of documents of several levels :

§ international (signed by the USSR or Russia),

§ federal,

§ government,

§ departmental

§ and regional.

Regarding the legal acts of the Russian Federation governing the education of persons with disabilities

health, then the main Federal law ensuring the development

special education for persons with disabilities,

Law 272-FZ of December 29, 2012 “On Education in the Russian Federation” is used. The law contains a number of articles establishing the right of disabled children to receive a quality education in accordance with their needs and capabilities.

The central place in the legal and regulatory support of education, in

including special ones, is occupied by the law “On Basic Guarantees of the Rights of the Child in the Russian Federation” adopted by the State Duma of the Russian Federation on July 3, 1998. The law establishes the basic guarantees of the rights and legitimate interests of the child provided for by the Constitution of the Russian Federation of 1993. The law highlights the main directions of ensuring the rights of the child in the Russian Federation, the organizational basis for guaranteeing the rights of the child, presents state minimum social standards for the main indicators of the quality of life of children, measures to protect the rights of the child to health care, recreation, vocational training, etc.

An important component of the regulatory framework for special education are federal government documents that define the general educational and professional training of persons with disabilities. The most significant in this regard is the Decree of the Government of the Russian Federation of March 12, 1997 “On approval of the Model Regulations on a Special (Correctional) Educational Institution for Students and Pupils with Developmental Disabilities.” In accordance with it, correctional (compensatory) preschool education institutions, correctional general education institutions, and correctional institutions of primary vocational education were created. The standard provision applies to special (correctional) educational institutions of various types: for the deaf, the hard of hearing and the late deaf, the blind, the visually impaired and the late blind, for children with severe speech impairments, with musculoskeletal disorders, with mental retardation, for the mentally retarded. It regulates the activities of all state and municipal special (correctional) educational institutions, creating favorable conditions for students and pupils with developmental disabilities for training, education, treatment, social adaptation and integration into society.

The fundamental state document establishing the priority of education in state policy, defining the strategy and main directions of its development is the Decree of the Government of the Russian Federation of October 4, 2000 “On the national doctrine of education in the Russian Federation”. The doctrine defines the goals of education and training, the ways to achieve them through state policy in the field of education, the expected results of the development of the education system for the period until 2025. It provides for a variety of types and types of educational institutions and the variability of educational programs that ensure individualization of education, student-centered learning and upbringing.

One of the main objectives set in the doctrine is “the creation and implementation of conditions for orphans, children without parental care, disabled children and children from low-income families to receive general and vocational education.” Persons with disabilities are guaranteed publicly available and free special education, as well as free secondary and higher vocational education.

The document “On the concept of the Federal Target Program for the Development of Education for 2011-2015” of 2011 is directly related to the national doctrine of education

According to the Concept, children with disabilities “should be provided with medical and psychological support and special conditions for education, primarily in a comprehensive school at their place of residence, and, if there are appropriate medical indications, in special schools and boarding schools.” It is also envisaged to introduce personal accounts for children in order to accumulate state, corporate, sponsorship and parental funds for the education and health of each child.

Among the departmental regulatory documents that ensure the development of education for people with disabilities in Russia, it is worth highlighting “ The concept of integrated education for persons with disabilities" dated April 16, 2001.

According to the Concept, the education of disabled students should include the creation of a special correctional and developmental environment for them, providing students with adequate conditions and equal opportunities with “ordinary” children for education, treatment and rehabilitation, correction of developmental disorders, and social adaptation.

Persons with disabilities under the age of 21 can use special education services in its various organizational forms (education at home, in a correctional institution, in a general educational institution).

Also, to improve the lives of people with disabilities, the Federal Program “Accessible Environment” was created.

The "Accessible Environment" program, which solves the problems of people with disabilities in the Russian Federation. This program addresses issues of access to education, information, and the right to work for people with disabilities.

"Disability is always a problem; it is always a need for a disabled person to overcome additional obstacles. The goal of the program is to make sure that there are as few barriers for a disabled person as possible"

· provide a person with a disability with continuity of the route along which he moves. Any failure along the way leads to the fact that he cannot use some object or service.

· eliminating “attitude barriers” that hinder the integration of people with disabilities into society. It is necessary to form a positive attitude towards people with disabilities and the topic of disability in general, including through the creation of a “barrier-free” school environment that allows children with disabilities to study together with ordinary children.

Purpose of the lecture: Study of the regulatory framework in the field of social protection, social services for people with disabilities in the Russian Federation.

PLAN:

1. Legislative acts in the field of social protection of disabled people in the Russian Federation.

2. Realization of the right to health by disabled people in the Russian Federation.

3. Federal Law of the Russian Federation “On the Basics of Social Services for the Population in the Russian Federation”.

4. Federal Law of the Russian Federation “On Social Services for Elderly Citizens and Disabled Persons” and other regulatory documents relating to the provision of social services to disabled people.

1. Legislative acts in the field of social protection of disabled people in the Russian Federation.

Modern Russian legislative acts regarding care and assistance to people with disabilities in terms of content are closer to the laws and principles adopted throughout the world.

In Russia, legislative documents that are of particular importance for determining the rights and responsibilities of people with disabilities and related to the legal protection of interests include the Constitution of the Russian Federation, and the federal laws “On the social protection of people with disabilities in the Russian Federation”, and “On social services for elderly citizens and people with disabilities”.

The most important regulations protecting people with disabilities from a socio-economic point of view include: on the procedure for recognizing citizens as disabled; on providing benefits to disabled people and families with disabled children; on approval of the list of diseases giving the right to receive additional living space; on the provision of living quarters, payment for housing and utilities; on the provision of vehicles to disabled people.

A number of documents concern the development of medical and social assistance to people with disabilities: On the state service of medical and social examination; on the classification of criteria used in the implementation of medical and social examination; on the formation of an interdepartmental commission to coordinate activities in the field of rehabilitation of disabled people; approximate regulations on a rehabilitation institution; on providing disabled people with technical and other means of rehabilitation.

Regulatory documents have been developed that establish the rights of people with disabilities to education, leisure and information; on the procedure for raising and educating disabled children at home and outside state educational institutions; on measures to ensure unimpeded access for people with disabilities to information and social infrastructure, etc.

The Constitution of the Russian Federation (dated December 12, 1993) states that the labor and health of people are protected in the Russian Federation, a guaranteed minimum wage is established, state support is provided for family, motherhood, paternity and childhood, disabled people and elderly citizens, a system of social services is developed, state pensions, benefits and other guarantees of social protection are established (Article 7).

Everyone is guaranteed social security by age, in case of illness, disability, loss of a breadwinner, for raising children and in other cases established by law (Article 38).

Social support and assistance to people with disabilities are discussed in most detail in the Federal Law “On Social Protection of People with Disabilities in the Russian Federation” dated November 15, 1995. The document consists of 5 chapters, which regulate various aspects of disability problems. Chapter 1 of this law lists general provisions, defines the concept of “disabled person,” and examines the grounds on which disability groups are determined. According to the law, 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 classified as “disabled children.”

Recognition of a person as disabled is carried out by the State Service for Medical and Social Expertise. The procedure and conditions for this are established by the Government of the Russian Federation.

This law interprets the social protection of people with disabilities as a system of state-guaranteed economic, social and legal measures that provide these people with conditions for overcoming, replacing (compensating) limitations in their life activities and aimed at creating equal opportunities for them to participate in the life of society as other citizens.

In addition, Part I of the law also regulates issues of compliance with federal and international documents and establishes the competence of state authorities in the field of social protection of people with disabilities.

Chapter 2 of the law is devoted to the concept and mechanisms of medical and social examination. The latter 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 that are developed and approved in the manner determined by the Government of the Russian Federation. The list of functions assigned to the State Service for Medical and Social Expertise is listed.

Chapter 3 of the law in question deals with the rehabilitation of people with disabilities, which is defined as a system of medical, psychological, pedagogical, socio-economic measures aimed at eliminating or, possibly, more fully compensating for life limitations caused by health problems with persistent impairment of body functions. The goal of rehabilitation is the restoration of the social status of a disabled person, his achievement of financial independence and his social adaptation. This chapter of the law also deciphers the content of the rehabilitation process.

According to the law, the latter implies:

Ÿ medical rehabilitation: rehabilitation therapy, reconstructive surgery, prosthetics and orthotics;

Ÿ vocational rehabilitation: vocational guidance, vocational education, vocational and industrial adaptation and employment;

Ÿ social rehabilitation: social-environmental orientation and social-everyday adaptation.

Article 10 of the law regulates the guaranteed list of rehabilitation measures, technical means and services provided to disabled people free of charge at the expense of the federal budget.

This law provides for the development of individual rehabilitation programs for a disabled person, which represent a set of optimal rehabilitation measures for him, including certain types, forms, volumes, timing and procedure for the implementation of medical, professional and other rehabilitation measures. The latter are 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.

An individual rehabilitation program for a disabled person, in accordance with this law, 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.

Activities for the rehabilitation of disabled people are coordinated by the Ministry of Health and Social Development of the Russian Federation.

Rehabilitation institutions are those that carry out the corresponding process in accordance with rehabilitation programs for people with disabilities. Federal executive authorities and executive authorities of the constituent entities of the Russian Federation must, taking into account regional and territorial needs, create a network of rehabilitation institutions, including non-state ones, and promote the development of a system of medical, professional and social rehabilitation of disabled people, organize the production of its technical means.

Chapter 4 of the law is devoted to issues of ensuring the livelihoods of people with disabilities. It describes government and community resources for such assistance. First of all – medical: provision of qualified medical care for people with disabilities, including the provision of medicines.

This kind of rehabilitation of disabled people is carried out within the framework of the federal basic program of compulsory health insurance for the population of the Russian Federation at the expense of the relevant federal and territorial funds. In practice, this article prescribed in the law is changing: for example, the lists of free medicines are being reduced everywhere.

In some regions of Russia, the issue of providing medicines is resolved in an unconventional way: “social pharmacies” are created, which have tax benefits. Prices for medicines in such pharmacies are much lower, however, in order to get the required medicine, you must wait for your turn for years.

The law regulates issues of ensuring unhindered access to information for people with disabilities (Article 14). For these purposes, measures are being taken to strengthen the material and technical base of editorial offices, publishing houses and printing enterprises that produce special literature for people with disabilities, as well as editorial offices, programs, studios, enterprises, institutions and organizations producing recordings, audio recordings and other sound products, film and videos and other video products for people with disabilities. 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. It should be noted that the share of such programs and films is small; even information programs are rarely accompanied by sign language translation.

Article 15 addresses the problem of ensuring unimpeded access for people with disabilities to social infrastructure facilities. According to the law, the federal government, executive authorities of the constituent entities of the Russian Federation and local governments, organizations, regardless of organizational and legal forms and forms of ownership, must create conditions for people with disabilities (including those who use wheelchairs and guide dogs) for free access to facilities social infrastructure. The planning and development of cities and other populated areas, the formation of residential and recreational areas, as well as the development and production of public transport vehicles, communications and information means without adapting these objects for access to them by people with disabilities and their use by them are not allowed. Enterprises, institutions and organizations providing transport services to the population must equip stations, airports, and vehicles with special devices that allow people with disabilities to move freely. A list of infrastructure facilities and the procedure for regulating access to them is provided.

Article 17 of the law describes the procedure for providing disabled people with living space. Disabled people and families with disabled children living in need of improved housing conditions are registered and provided with living quarters in accordance with the benefits provided for by the legislation of the Russian Federation and the constituent entities of the Russian Federation. Disabled people have the right to additional living space in the form of a separate room in accordance with the list of diseases approved by the government of the Russian Federation. This section of the law pays attention to the issues of equipping residential premises for people with disabilities. However, there is still no service network that would deal with the issues of adapting housing in accordance with the needs of people with disabilities. The creation of comfortable housing remains a personal matter for the disabled person or his family members.

Issues of accessibility to education, upbringing and training of disabled children are presented in Articles 18 and 19 of the law under consideration. It declares the guarantee of education, the creation by the state of the necessary conditions for obtaining education and professional training for people with disabilities. For those of them who need special conditions when receiving vocational education, according to the law, special, professional educational institutions of various types and types or corresponding conditions in general professional educational institutions must be created.

However, the problem of integrated education remains relevant. The share of disabled people studying in regular, non-specialized educational institutions is too small. The educational structure of specialized schools for children with disabilities sometimes does not stand up to criticism - such is the stereotypical and biased attitude towards the capabilities of people with disabilities. Employees of specialized schools and boarding schools have attitudes towards segregation of disabled children, excessive control and guardianship.

Special vocational educational institutions for people with disabilities most often provide them with the opportunity to obtain a working profession. The problem of accessibility to higher education for them is widely discussed, but the proportion of disabled people entering university does not increase, and additional technological measures to facilitate the procedure for entrance exams and training for disabled people with certain health impairments have not been developed.

Article 20 of this law regulates the provision of employment for disabled people. They are provided with employment guarantees by federal government bodies and government bodies of the constituent entities of the Russian Federation through special events that help increase their competitiveness in the labor market and measures that encourage employers to provide jobs for people with disabilities.

The creation of special jobs for this category of people is also regulated by law (Article 22). This involves the implementation of additional measures to organize work, including the adaptation of main and auxiliary equipment, technical and organizational equipment, additional equipment and provision of technical devices, taking into account the individual capabilities of people with disabilities.

In accordance with Article 23, a disabled person employed in organizations, regardless of organizational and legal forms and forms of ownership, must be provided with the necessary working conditions in accordance with an individual program for his rehabilitation. Employers have a responsibility (Article 24) to ensure the employment of disabled people.

The conditions for recognizing a disabled person as unemployed have been determined and approved by law. A number of measures have been prescribed to encourage employers to provide jobs to people with disabilities. The law regulates material support for disabled people (Article 27). Issues of their social services and conditions of stay in a stationary social service institution are also considered.

Article 30 takes into account aspects of transport services for people with disabilities and benefits for travel on public transport. 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 (Article 32)

Chapter 5 of this law is devoted to public associations of disabled people. It regulates the right to create such associations (Article 33), tax and other benefits for contributions to budgets of all levels (Article 34). According to Article 36, the President and the Government of the Russian Federation need to bring their regulatory legal acts into compliance with this federal law.

Thus, the foundation of social policy concerning disabled people is the rehabilitation, restoration and activation of their abilities for independent living.

Related information.

The Russian Federation, focusing on the achievements of Western civilization, declared itself a legal and social state, brought the country's constitution and federal legislation into line with international standards of respect for human rights, and primarily with the Universal Declaration of Human Rights of 1948 adopted by the UN General Assembly, the Declaration of Social Progress and development, the Declaration of the Rights of Persons with Disabilities 1975, the Standard Rules on the Equalization of Opportunities for Persons with Disabilities 1993, the World Program of Action regarding Disabled Persons.

A social worker needs to know the legal and departmental documents that determine the status of a disabled person. The general rights of persons with disabilities are formulated in the UN Declaration:

“disabled people have the right to respect for their human dignity”;

“disabled persons have the same civil and political rights as other persons”;

“persons with disabilities have the right to measures designed to enable them to gain the greatest possible independence”;

“disabled persons have the right to medical, technical and functional treatment, including prosthetic and orthopedic devices, to restoration of health and status in society, to education, vocational training and rehabilitation, to assistance, consultation, employment services and other types of services”;

“Persons with disabilities must be protected from any kind of exploitation.”

Fundamental legislative acts on disabled people in Russia have been adopted. Of particular importance for determining the rights and responsibilities of people with disabilities, the responsibility of the state, charitable organizations, and individuals are the laws: “On social protection of disabled people in the Russian Federation” /1995/, “On social services for elderly citizens and disabled people” /1995/.

In July 1992, the President of the Russian Federation signed the Decree “On scientific support for the problems of disability and people with disabilities.” In October of the same year, decrees “On additional measures of state support for people with disabilities” and “On measures to create an accessible living environment for people with disabilities” were issued.

These regulations determine the relationship of society and the state towards people with disabilities and vice versa. Many provisions of these documents create a reliable legal framework for the life and social protection of people with disabilities in our country.

Significant benefits and discounts are provided for the payment of utilities, for the purchase of disabled devices, tools, and payment for sanatorium and resort vouchers.

The Federal Law "On Social Services for Elderly Citizens and Disabled Persons" establishes the basic principles of social service for elderly citizens and disabled persons:

• respect for human and civil rights;
• provision of state guarantees in the field of social services;
• equal opportunities to receive social services;
• continuity of all types of social services to meet the individual needs of elderly citizens and the disabled;
• responsibility of authorities at all levels for ensuring the rights of citizens in need of social services, etc. /Article 3 of the Law/.

“Social services are provided to all elderly citizens and people with disabilities, regardless of gender, race, nationality and official status, place of residence, attitude to religion, beliefs, membership of public associations and other circumstances /Article 4 of the Law/.

Social services are provided by decision of social protection bodies in institutions under their jurisdiction or under agreements concluded by social protection bodies with social service institutions of other forms of ownership /Article 5 of the Law/.

Social services are provided exclusively with the consent of people who need them, especially when it comes to placing them in stationary social service institutions. In these institutions, with the consent of those served, labor activities can be organized under the terms of an employment contract. Persons who have entered into an employment contract receive the right to annual paid leave of 30 calendar days.

The law provides for various forms of social services, including:

• social services, at home /including social and medical services/;
• semi-stationary social services in departments of day/night/ stay of citizens in social service institutions;
• stationary social services in boarding houses, boarding houses and other stationary social service institutions;
• urgent social services;
• social and consulting assistance.

All social services included in the federal list of guaranteed state services can be provided to citizens free of charge, as well as on the terms of partial or full payment.

Services provided free of charge:

1. single citizens / single married couples / and disabled people receiving a pension below the subsistence level;

2. elderly citizens and disabled people who have relatives but receive pensions below the subsistence level;

3. elderly and disabled people living in families whose average per capita income is below the subsistence level.

Social services at the level of partial payment are provided to persons whose average per capita income / or the income of their relatives, members of their families / is 100-150% of the subsistence level.

Social services are provided on a full payment basis to citizens living in families whose average per capita income exceeds the subsistence level by 150%.

The Law "On Social Services for Elderly Citizens and Disabled Persons" divides the social service system into two main sectors - state and non-state.

The public sector forms federal and municipal social service bodies.

The non-state sector of social services unites institutions whose activities are based on forms of ownership that are not state or municipal, as well as persons engaged in private activities in the field of social services. Non-state forms of social services are provided by public associations, including professional associations, charitable and religious organizations.

In addition to federal laws, social workers need to know departmental documents that provide reasonable interpretations of the application of certain laws or their individual parts.

The current legislation practically does not protect children with disabilities from a decent and secure existence. But even if financial problems are solved and the living environment of disabled people is completely reorganized, they will not be able to take advantage of the benefits without the appropriate technology and devices. We need a special industry for the production of disabled equipment and equipment. There are such enterprises in the country. In Moscow, disabled people themselves organized the “Overcoming” rehabilitation center, which not only provides moral, educational, and organizational assistance, but also launched the production of wheelchairs that are superior in many respects to Swedish wheelchairs in the world. There are many talented craftsmen and organizers among disabled people. One of the tasks of social work is to find these people, assist them in organizing their work, form a team around them and thereby help many.

Adopted on November 24, 1995, the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” laid the foundation for modern legal social protection of disabled people, defining as state policy in this area - providing disabled people with equal opportunities with other citizens in the realization of civil, economic, political and other rights and freedoms provided for in the Constitution of the Russian Federation. It received legislative formalization of a new concept of social protection of people with disabilities, which is based on the principles and norms of international law adopted in relation to persons with disabilities. The system of social protection measures for disabled people established by federal law creates the necessary prerequisites for the social adaptation of disabled people and their integration into society.

This federal law considers creating a living environment accessible to people with disabilities as one of the directions of their rehabilitation. In particular, it contains a provision on the obligation of bodies and organizations, regardless of organizational and legal forms and forms of ownership, to provide people with disabilities with conditions for free access to social infrastructure and for unhindered use of public transport, means of communication and information. The first document of this series was the Decree of the President of the Russian Federation dated October 2, 1992. No. 1156 "On measures to create an accessible living environment for people with disabilities." In pursuance of this Decree, by a resolution of the Council of Ministers - the Government of the Russian Federation with a similar name and a resolution of the Government of the Russian Federation dated 08.12.94. No. 927 “On ensuring the formation of an accessible living environment for people with disabilities” provides for the introduction into legislative acts on construction issues of requirements for conducting a mandatory examination of design estimates for the development of cities and other settlements, construction and reconstruction of buildings and structures from the point of view of ensuring accessibility for people with disabilities. These acts establish penalties for violation of these requirements.

In the regions of Russia, local expert bodies should establish control over the quality of design documentation for the construction and reconstruction of buildings and structures in terms of ensuring access for people with disabilities to buildings and structures for unhindered receipt of the necessary range of services.

Despite the obvious priority and relevance of the problem of social support for people with disabilities, the current situation in Russia in this area is critical.

Airports, railway and bus stations, sidewalks and road crossings should also be equipped with special devices to make life easier for people with disabilities. There should be separate parking lots and rooms for disabled vehicles, and special toilets, which is common in many countries around the world.

In recent years, in a number of constituent entities of the Russian Federation, trends have emerged in resolving this problem. For example, the Moscow City Duma adopted the Moscow Law of January 17, 2001. No. 3 “On ensuring unimpeded access for people with disabilities to social, transport and engineering infrastructure facilities in the city of Moscow.”

This Law defines trends towards the integration of people with disabilities into society, eliminating the discriminatory impact of architectural, transport and communication barriers that infringe on the rights and freedoms of people with limited mobility.

Similar laws have been adopted and are in force in other constituent entities of the Russian Federation.

The state provides for the provision of disabled people qualified medical care free of charge or on preferential terms, as well as free provision of medicines and medical products. The procedure for providing various types of medical care to people with disabilities is determined by a number of regulations of the Government of the Russian Federation. However, in violation of Article 13 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation,” the Government of the Russian Federation for a long time did not determine the procedure for financing qualified medical care provided to disabled people, including drug provision. Because of this, many were deprived of the opportunity to receive specialized care in federal medical centers, and their rights to free or reduced-price drug coverage were violated.

A positive point is that since January 2001, the procedure for financing the constituent entities of the Russian Federation began to be determined to restore lost income to organizations providing benefits to disabled people.

Thus, in the Kaluga region, by resolution of the Regional Government dated January 19, 2001. No. 19 “On the procedure for reimbursing organizations for expenses associated with providing benefits to residents of the Kaluga region, provided for by the federal laws “On Veterans”, “On Social Protection of Disabled Persons in the Russian Federation”, “On the Status of Military Personnel”, the procedure for reimbursing organizations for expenses associated with providing benefits is determined Pharmacy organizations have become somewhat better able to dispense medicines according to doctors’ prescriptions to people with disabilities in our region in accordance with the List of Essential Medicines, approved by Order of the Ministry of Health of Russia dated January 26, 2000 No. 30 and agreed upon with the Ministry of Finance and the Ministry of Economy of Russia.

But, nevertheless, in most subjects of the Russian Federation, in violation of the above List, which includes more than 400 items of international non-proprietary names of drugs, they limit the prescription of medicines to disabled people on preferential terms to their territorial lists of medicines, which do not include the most important items. This happens despite the fact that a subject of the Federation does not have the right to adopt a list that does not correspond to the federal one.

One of the stages of the process of medical provision for disabled people is Spa treatment . The health resort complex of our country has no analogues in the world. However, some internationally recognized resorts, for example, Caucasian Mineral Waters, which have been formed over centuries, are currently experiencing serious difficulties. Health resorts are empty due to the events in the Chechen Republic, high prices for passenger transport, treatment, food, and the reduction of preferential vouchers (paid for by enterprises and trade unions).

Today, in general, the situation in the country regarding the provision of disabled people and people suffering from various diseases with sanatorium and resort vouchers is complex.

According to the Ministry of Health and Social Development of the Russian Federation, the need for expenses for sanatorium-resort treatment of disabled people and participants of the Great Patriotic War in 2001, according to requests from constituent entities of the Federation, is 2 billion 233.3 million rubles, and actual financing is planned in the amount of 995.8 million rubles.

One of the constitutional rights of citizens proclaimed by the state is the right to education. The Federal Law “On Social Protection of Disabled Persons in the Russian Federation” and “On Education” secures the right of disabled people to pre-school and out-of-school education, to receive basic general and secondary education, primary, secondary and higher vocational education.

For practical implementation by disabled people rights to education Currently in Russia there are educational institutions of various levels, provided with special programs and auxiliary technical means that allow joint education of healthy and disabled people. However, the provision of regular schools with special aids for unimpeded access for people with disabilities, their perception and assimilation of educational material, as well as the psychological readiness of students and teachers for joint learning is still insufficient. According to the Ministry of Education of the Russian Federation, only in preschool educational institutions of general and compensatory type, 360.5 thousand disabled children are isolated from healthy children and another 279.1 thousand children are in special (correctional) educational institutions.

Currently, work continues on the next version of the draft law “On the education of persons with disabilities.”

The social protection system of the Russian Federation has its own specialized institutions that provide students with secondary vocational education. These are 30 vocational schools and technical schools. By agreement with Germany, two centers were opened in St. Petersburg and Novokuznetsk, where training is carried out at a higher quality level.

However, along with the positive aspects of reforming the system of vocational education for people with disabilities, it should be noted that the necessary amount of funding for the institutions included in it is not provided, and a system for employment and social adaptation of people with disabilities from childhood upon graduation from correctional educational institutions has not been created.

Inalienable the universal human right of a disabled person is the right to work, despite the fact that his ability to work is limited, the right to work is established by the Federal Laws “On Social Protection of Disabled Persons in the Russian Federation” and “On Employment of the Population in the Russian Federation”, which are aimed at creating real opportunities for disabled people to engage in useful, income-generating activities and provide specific mechanisms for their implementation. To implement

This right requires a clearly expressed state policy to promote the employment of people with disabilities, due to the fact that the position of people with disabilities in the labor market in Russia remains inconsistent with their potential capabilities, and their employment is unreasonably low. Working disabled people make up less than 10% of their total number (5-6 years ago they were 16-18%), employment among disabled people of working age does not exceed 15%. It is especially low for disabled people of groups I and II (8%).

One of the main measures aimed at solving the problem of employment of people with disabilities is the establishment by executive authorities of the constituent entities of the Russian Federation for organizations, regardless of organizational and legal forms, of quotas for employment of this category of citizens. According to the Ministry of Health and Social Development of the Russian Federation, in 2000, about 12 thousand disabled people were employed within the established quota. During 2000, about 86 thousand people applied to the employment service for assistance in finding employment, and assistance was provided in finding employment for 42.7 thousand citizens with limited ability to work.

The most problematic issue of providing disabled people with technical means of rehabilitation in the Russian Federation is free provision of special vehicles. According to the Ministry of Health and Social Development of the Russian Federation and social protection authorities of the constituent entities of the Russian Federation, the number of disabled people in need of vehicles is 156 thousand people, of which 80 thousand disabled people need a car, 76 thousand people need motorized wheelchairs .

Inadequate funding has led to a long waiting list for special vehicles in the constituent entities of the Federation and gives rise to numerous appeals from disabled people to various government agencies.

In violation of Article 30 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation,” the Government of the Russian Federation has not developed a procedure for assigning and paying certain categories of disabled people (excluding war invalids) monetary compensation for expenses on gasoline or other types of fuel, repairs, maintenance of vehicles and spare parts.

For war invalids, the procedure under consideration has been determined by the Government of the Russian Federation. However, its financing leaves much to be desired. According to the information of the Ministry of Health and Social Development of the Russian Federation, the need of the constituent entities of the Federation for expenses on providing vehicles in 2001, while the need for expenses for these purposes for war invalids is 4 million 195.5 thousand rubles, and it is planned to allocate 1 million 247, 9 thousand rubles.

One of the most important components of social protection for people with disabilities is pension provision. Pension provision for disabled people is carried out in accordance with the Federal Law of the Russian Federation “On State Pensions in the Russian Federation”, which contains for them, in comparison with old-age pensioners, seemingly significant advantages. The law stipulates that the disability pension of groups I and II, if they have the necessary length of service, including for those disabled since childhood, is set at 75% of the earnings from which it is calculated. For disabled people, depending on their age, the length of service required is significantly shorter than for old-age pensioners. The latter are entitled to 75% of the rate, according to the general rules, with 40 years of experience for women and 45 years for men.

The required length of service for disabled people is determined on a single scale for both men and women. The longest duration of such experience is 15 years.

But although the highest rate of calculation (75%) has been established for disabled people, in practice it does not work, since the pension is limited to three minimum old-age pensions, and as a result, in percentage terms, the actual pension is no higher than 25-30% of earnings.

Federal Law of July 21, 1997 No. 113-FZ “On the procedure for calculating and increasing state pensions” introduced a different method of calculating pensions using the individual pensioner coefficient. However, the new procedure does not introduce significant changes to the financial situation of disabled people. The pensions of most of them today remain below the subsistence level established by the Government of the Russian Federation.

As follows from the information of the Ministry of Health and Social Development of the Russian Federation dated March 7, 2001. and the Pension Fund of Russia dated March 26, 2001. The average size of a disability pension per month is:

for disabled people due to a general illness - 698 rubles;

for disabled people due to a work injury or occupational disease - 716 rubles;

for disabled people due to military trauma - 627 rubles;

for disabled people due to the Chernobyl disaster - 709 rubles;

The average pension for a war disabled person receiving two pensions is 1,652 rubles.

As part of the reform of the Russian pension system, the President of the Russian Federation in June 2001 adopted two new federal laws “On Labor Pensions” and “On State Pension Security in the Russian Federation”, which proposed the following innovations:

it is proposed to consider the disability pension as consisting of a basic, insurance and funded part;

such a pension can be assigned to disabled people with complete (100%) or partial (at least 50%) loss of ability to work (the causes of disability and the time of its onset, except for disability caused by unlawful actions, do not matter);

a prerequisite for her appointment is the presence of work experience;

It is proposed to establish the basic pension amount for disabled people of groups 1, P, III, respectively, 900, 450, 225 rubles. (the specified basic pension amount increases depending on the presence and number of persons dependent on the disabled person);

the size of the basic part of the labor pension in the event of an increase in prices for consumer goods and services is indexed within the limits of funds allocated in the federal budget for the corresponding year for these purposes (the indexation coefficient is determined by the Government of the Russian Federation);

disabled people (disabled from childhood, disabled children) who are not entitled to a labor pension are proposed to be assigned a social pension in the following amounts: disabled children, disabled children of groups I and II, disabled people of group I - 125% of the basic part of the labor pension; disabled people of group II - 100%; disabled people of group III - 85%.

However, the draft laws do not take into account the requirement of Article 2 of the Federal Law “On the Subsistence Wage in the Russian Federation”, according to which a subsistence minimum is determined to justify the established minimum wages, pensions, and the provision of necessary state social assistance to low-income citizens.

Decree of the Government of the Russian Federation dated 02/09/2001. No. 99 "On establishing the cost of living per capita and for the main socio-demographic groups of the population in the Russian Federation as a whole for the fourth quarter of 2000." The minimum subsistence level per capita has been established - 1285 rubles. (for the working population - 1406 rubles, pensioners - 962 rubles, children - 1272 rubles).

Introduction

Chapter I. Rights of persons with disabilities: historical and comparative analysis

1.1

1.2

1.3

Chapter III. Features of legal regulation of social protection of disabled people in Moscow

2.1

2.2

2.3The practice of implementing legislation on social protection of people with disabilities in a metropolis

Conclusion

List of sources

Introduction

Relevance of the topic. The tasks of maintaining and protecting people with disabilities have existed in society for a long time. At first, these functions were performed by the church, public and charitable organizations.

Social protection of the population occupies an important place in the state social security system of all modern countries of the world. The task of implementing state support and social protection for people with disabilities is especially acute.

Russia is a social state and one of the most important goals in the field of social policy is the goal of protecting the rights and interests of socially vulnerable segments of the population, including people with disabilities. Thus, the fundamental law of the Russian Federation, the Constitution, guarantees everyone social security for disability. Also, the rights and protection of the interests of people with disabilities are enshrined in a number of federal laws and regulations. The Constitution of the Russian Federation does not separate the rights and freedoms for people with disabilities and for citizens, thereby implementing the principle of equality of all citizens.

According to the latest data from the Federal State Statistics Service, as of 2016 there were 12.751 million disabled people in Russia, of which 617 thousand were disabled children. Thus, there are 87 thousand disabled people per 1 million people. In Moscow, the number of disabled people is 10% of the population, which is about 1.2 million people and 1/10 of all disabled people in Russia. Therefore, the state’s task in this area is very important, complex and large-scale.

The importance of such a population group as people with disabilities is recognized by the whole world. So in 1992, the UN General Assembly, by its resolution, proclaimed December 3 as the International Day of Persons with Disabilities. Thereby attracting the attention of world states and society to their problems and difficulties.

Economic crises affect many spheres of society, including the social one, while people with disabilities become one of the most socially vulnerable categories of the population in need of protection. That is why it is so important to consolidate and implement protection at the state level.

Social protection of disabled people is a system of economic, legal and other social support measures guaranteed by the state, which is aimed at creating conditions conducive to improving the lives of disabled people, as well as creating equal opportunities for life in society with other citizens.

The development of social protection of disabled people in the Russian Federation can be marked with the entry into force of the Federal Law “On Social Protection of Disabled People in the Russian Federation” in 1996. Before this law came into force, the implementation of the rights of people with disabilities and their protection caused certain difficulties for their subjects. Having defined, in accordance with international standards, the main aspects, concepts and criteria of disability, the law has changed the situation for the better.

Changes in state policy regarding people with disabilities are directly related to international standards.

Thus, the relevance of the topic is determined by the need to improve the system for protecting the rights of people with disabilities.

The purpose of the thesis is to study the legal foundations of social protection of disabled people in the city of Moscow.

Objectives of the thesis:

1.Consideration of the historical stages of the formation of social protection in domestic and foreign history.

2.Study of the legal status of disabled people in the Russian Federation, including the procedure for establishing disability and the legal basis for social protection of disabled people.

3.Identification of the peculiarities of the legal status of disabled people in the city of Moscow.

4.Analysis of the activities of Moscow city authorities to support people with disabilities.

The object of the study is legal relations arising in the field of social protection of disabled people.

The subject of the study is legislation regulating the legal framework for social protection of people with disabilities and the practice of its application.

The methodological basis of the study consists of such methods as comparative legal, historical and legal, system analysis.

The structure of the thesis consists of an introduction, three chapters, a conclusion and a list of references.

Chapter I. Historical and comparative analysis of social protection of disabled people

1.1History of the development of legislation on social protection of disabled people

It is worth noting that the need for social protection has existed since ancient times and developed along with the development of civilizations. At first, social protection existed in the form of assistance to those in need from the church, charitable services and caring individuals. The state and church led the development of a system of charity for the needy.

Providing assistance to those in need began to take shape in Russian history from the middle of the 16th century. In 1551, the Stoglavy Council regulated maintenance on voluntary donations for those truly in need. However, this did not apply to able-bodied persons.

By the end of the 16th century in Rus', it was possible to distinguish the main directions in social policy for those in need: state, church-zemstvo and private. These directions existed along the entire historical path of development of the national history of the formation of social protection, but the forms and methods changed, developing depending on the socio-economic conditions and characteristics of the development of the state.

The era of Peter I is of great importance in the development of the system of state charity. Already under Tsar Fyodor Alekseevich (elder brother of the future Peter I), two almshouses arose in Moscow in 1682, by the end of the century there were about ten of them, and by 1718 under Peter 90 with the “suspected”. Among them is the famous Sailor's Silence on the Yauza.

Peter I issued many Decrees related to the development of the charity system. A decree of 1712 instructed magistrates to build and maintain hospitals for sick and elderly people in all provinces, and also prohibited begging in Moscow. A decree of 1715 obliged the creation of special hospitals for illegitimate babies at churches in many cities. Decrees of 1717 and 1718 introduced fines for giving alms to the poor, and in 1719 the leadership for the fight against beggars passed into the hands of the governor. By decree of 1724, a census was carried out among the disabled population.

Peter I's system of charity included: a ban on begging; prohibition of giving alms to the poor; determination of charity measures; organization of certain types of preferential assistance; establishment of public charity institutions; recognition of the need for regulatory regulation in the field of assistance to those in need.

Further additions to the system of domestic charity occurred during the reign of Catherine II. In 1763, she created an educational home for poor and street children. In 1775, the Institution on Governorates was published, which organized the organization of public charity. In the provinces, state bodies - Prikazy - were created to manage the affairs of charity. These bodies regulated a significant part of the social sphere of the state: public schools, orphanages, medical institutions, etc. The creation of the Orders of Catherine II can be called the first serious attempt to organize a system of public charity.

Under Paul I, almshouses were opened for the first time in villages. Under Alexander I, the first charitable societies were created. For example,

"Imperial Humane Society", the purpose of which was to establish specialized institutions for those in need. Under Nicholas I, large-scale construction of hospitals for those in need took place, and free medicines were provided.

After the zemstvo and city reforms, the responsibilities of public charity orders passed to zemstvo institutions, which had the opportunity to organize the necessary collections.

During the period of the industrial revolution, which marked the development of capitalism and the transition to new forms of labor, social assistance to those in need was guided by the principles of public charity. In the future, the principle of providing disabled people with the opportunity for a certain economic independence, namely “rehabilitation”, that is, providing disabled people with the opportunity to work, is gaining relevance.

By the beginning of the 20th century, there were a large number of charitable institutions in Russia providing assistance to those in need. But the First World War and the 1917 revolution affected the operation of this system.

After the revolution of 1917, instead of almshouses and charity homes, social security agencies, nursing homes, homes for the disabled, and orphanages were organized. Government policy towards the disabled continued to be correlated with charity, including pension payments and referrals to nursing homes. Financial assistance to disabled people was provided by the cooperation of disabled people. The first societies of disabled people were created: the All-Russian Society of the Blind in 1923 and the All-Russian Society of the Deaf and Mutes in 1926.

Under the conditions of guarantees of state social protection in the USSR, certain measures were taken to use the professional opportunities of persons unable to work due to health problems, but work on the rehabilitation of disabled people was insufficient.

An important task was to legislate the provisions of equality of rights and freedoms for people with disabilities. There were a number of obstacles to the realization of their constitutional rights by people with disabilities, for example, freedom of movement, due to unequipped city-wide vehicles and buildings for the mobility of wheelchair users. There were also no training programs for people with disabilities. Simply put, the state was not ready to implement rehabilitation measures for disabled citizens. But the main thing is that society was ready, and the feeling of compassion of other citizens provided the disabled with the necessary help, at least for

household level.

In order to influence public opinion regarding people with disabilities, as well as formulate state policies on working with people with disabilities, the UN declared 1981 the Year of the Disabled, and 1983-1992. Disabled for ten years. And in 1992, the UN General Assembly, by its resolution, proclaimed December 3 as the International Day of Persons with Disabilities. The UN also adopted the World Program of Action for Persons with Disabilities.

In 1991, through the adoption of the law “On the basic principles of social protection of disabled people in the USSR,” the basic principles of social protection of disabled people were normatively established in our country.

Having declared itself a legal and social state, the Russian Federation has formed its legislation in accordance with international standards. The most important international regulations governing the social protection of people with disabilities are: the Universal Declaration of Human Rights of 1948, the Declaration of Social Progress and Development of 1969, the Declaration on the Rights of Persons with Disabilities of 1975, the Standard Rules for Equal Opportunities for Persons with Disabilities of 1993, etc.

In accordance with modern standards, a number of legislative acts regulating the problems of people with disabilities have been developed and adopted in the Russian Federation. By presidential decrees 1992-1996. a program for step-by-step solutions to significant problems of disabled people is outlined. In 1995, the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” was adopted, which made their rehabilitation a priority in state policy regarding disabled people. And in pursuance of the Federal Law, the Government of the Russian Federation, the Ministry of Labor and Social Development of the Russian Federation, the Ministry of Health of the Russian Federation adopted a number of resolutions on the issues of recognizing a person as disabled, on the educational aspects of disabled people, on an individual rehabilitation program for disabled people, etc.

1.2Foreign experience in social and legal protection of disabled people

The development of state policy to protect people with disabilities depends primarily on the level of development of the country and its characteristics. Thus, a typical example in this regard is the comparison of two models of social services - European and American. On the European continent, social services were formed under the influence of the collapse of community and intercommunity ties and, accordingly, the weakening of support for those in need from their immediate environment. In America, the emphasis shifted towards self-reliance, and personal initiative, towards liberation from the influence of government structures. This was reflected in the social policy of the United States, where the role of the state (until 1933) was very weak.

Several European countries had disability legislation before World War II, which established the provisions of disabled veterans. The post-war period marked the beginning of the development of specific measures to support people with disabilities in some countries, including the adoption of laws on the rehabilitation of people with disabilities. The problems of regulating the protection of the rights of people with disabilities required the creation of an international system and the formation of certain standards in this area.

The World Program of Action for Persons with Disabilities has made significant changes to solving the problems of people with disabilities. Previously, social policy regarding people with disabilities included a medical aspect of working with this category of citizens. This program was aimed at involving people with disabilities in full and equal public life with other citizens. Another necessary aspect is the participation of people with disabilities in the decision-making process.

The development of the program was supported by the Standard Rules for the Equalization of Opportunities for Persons with Disabilities, consisting of a number of international instruments, such as the International Bill of Human Rights, etc.

May 2008, the Convention on the Rights of Persons with Disabilities, adopted by the UN General Assembly, entered into legal force. The purpose of this Convention is set out in Article 1: “The purpose of this Convention is to promote, protect and ensure the full and equal enjoyment by all persons with disabilities of all human rights and fundamental freedoms and to promote respect for their inherent dignity.” The Convention covers a significant number of issues, such as rehabilitation and habilitation, participation of persons with disabilities in public and political life, the primacy of equality and the exclusion of discrimination, etc.

States that have ratified this Convention undertake to treat persons with disabilities as full-fledged subjects of legal relations. It is also necessary to adapt national legislation in accordance with innovations in international standards.

In modern social states, issues of protecting the rights of people with disabilities are significant and priority. This topic is especially important in the United States.

In the United States, a number of regulations have been adopted regulating the social protection of people with disabilities:

· in 1973, the Law “On Rehabilitation” was adopted;

· in 1976, the Education for All Handicapped Children Act;

· in 1988, the law “On assistance through technical means to persons with disabilities”;

· in 1997 the law “On the education of persons with developmental disabilities and health.”

Of particular importance in the United States is the Americans with Disabilities Act, adopted in 1990, which promoted anti-discrimination social policy towards people with disabilities. The law prohibits discrimination against people with disabilities in all spheres of social life: in labor relations, civil legal relations, in government bodies, in the field of transport accessibility, etc.

When constructing structures in the United States, construction companies and government agencies must take into account the peculiarities of movement of wheelchair users in them, and design appropriate devices for unimpeded access for people with disabilities. Public transport must also be equipped to transport disabled people.

A separate law regulating the employment relationship of people with disabilities in the United States is the Employment of Persons with Disabilities Act. It establishes the basic provisions on the employment of people with disabilities, training, remuneration, benefits, etc.

In Germany, the provisions of disabled people are enshrined in the Constitution and laws:

· “About people with disabilities”;

· “On assistance to disabled people in using public transport”;

· “On the uniformity of rehabilitation measures”;

· “On the fight against unemployment among disabled people”;

· special section of the Code of Social Legislation6.

Through the provision of social assistance in Germany, a disabled person gradually integrates into society, becoming less dependent on the provision of social assistance. The state social services in Germany provide two types of assistance: life support assistance and assistance in special life situations.

Since 1995, Germany has had social insurance for the care of the disabled, as well as payments for home care.

Rehabilitation measures for disabled people are carried out in the form of medical rehabilitation and special assistance.

Regulates the implementation of various types of rehabilitation for people with disabilities, special reference and consulting services operating in accordance with the adopted agreement on the provision of this type of service. Legislation in Germany reliably guarantees the rights of disabled people and prohibits dismissal of them before they reach 30 years of age.

Great attention is paid to social policy regarding disabled people in the UK. The 1995 Law on Non-Discrimination of Persons with Disabilities enshrines the principle of equal rights for persons with disabilities and other citizens.

Various organizations provide assistance to disabled people here. Social services provide assistance in independent living for disabled people at home; if this is not possible, disabled people can visit day care centers that serve them. There are also social training centers that provide training in socialization skills.

In the UK, a comprehensive scheme has been implemented to help disabled people in work: introduction to work, work from home, additional payments, necessary equipment in the workplace, etc.

Innovations in policies for protecting the rights of persons with disabilities are contained in the legislation of Asian and Pacific countries. States in this region proclaim the principles of full participation and equality of persons with disabilities at the constitutional level. Special funds regulate issues of rehabilitation and employment of disabled people.

The Persons with Disabilities Act in Japan ensures the independence of persons with disabilities and also regulates the plan for working with persons with disabilities.

The central body regulating disability issues in Cyprus is the Rehabilitation Council under the Ministry of Labor and Social Insurance.

In Finland there is a State Council for Disability Issues.

In Hungary, a government advisory body has been established under Act XXXVI, which concerns the rights and equality of persons with disabilities.

Jordan's Special Law for the Protection of Persons with Disabilities established the National Council for the Protection of Persons with Disabilities. The Council provides various programs for the protection and vocational training of persons with disabilities, and also supports organizations promoting this.

Mexico has established an Advisory Council for the Inclusion of Persons with Disabilities in Decision-Making and Coordination of Public Policy on Persons with Disabilities.

Thus, concern for the integration of people with disabilities into society, initiated all over the world, as a rule, by heads of state, includes not only the construction of ramps and ramps, but also a whole series of measures to eliminate all possible barriers, as well as the creation of separate state institutions that coordinate and control implementation of state policy towards people with disabilities.

The legislation of many modern countries is aimed at the rehabilitation of people with disabilities, their integration into society and the creation of all the necessary conditions for this. Laws prohibit any form of discrimination against persons with disabilities. Programs are being implemented to quota jobs for people with disabilities, encouraging employers to employ people with disabilities.

Many states are developing an early intervention program, which consists of identifying the child and providing him with the help he needs.

State policies towards people with disabilities should ensure their financial situation and ensure their participation in full and equal social life, including through unhindered employment. Therefore, the legislation of many countries takes measures to guarantee the maximum participation of persons with disabilities in economic and social life.

The adopted international legal acts regulating certain spheres of life of people with disabilities are aimed at encouraging manifestations of non-discrimination against people with disabilities.

The integration of people with disabilities into social life is carried out by ensuring accessibility to all spheres of society, as well as by involving people with disabilities in the decision-making process.

The world community recognizes the importance of pursuing a state policy on working with people with disabilities; the World Committee on Disabled People has established the annual Franklin Roosevelt International Award for Caring for People with Disabilities, which is awarded to a state that has made great progress in addressing issues of socialization of people with disabilities.

International experience in social protection of disabled people is useful for our state, which is aimed at achieving success in the development of this area. The formed international model of the main directions for working with people with disabilities and the formation of the legislative framework can serve as a useful template for the development of the provisions of people with disabilities in the Russian Federation.

Chapter II. Legal status of disabled people in the Russian Federation

2.1Rights of persons with disabilities under the legislation of the Russian Federation

The state social policy of the Russian Federation on working with people with disabilities is carried out in accordance with international standards, consisting of a number of legal acts. The most important legislative acts in this area are:

· Universal Declaration of Human Rights 1948

· International Covenant on Economic, Social and Cultural Rights 1966

· Declaration of Social Progress and Development 1969

· Declaration of the Rights of Mentally Retarded Persons 1971

· Declaration of the Rights of Persons with Disabilities 1975

· Convention and Recommendations concerning Vocational Rehabilitation and Employment of Persons with Disabilities, 1983

· Convention on the Rights of the Child 1989

· World Declaration on the Survival, Protection and Development of Children 1990

· Standard Rules on the Equalization of Opportunities for Persons with Disabilities 1993

· Convention on the Rights of Persons with Disabilities 2006, etc.

The guiding international documents in the field of protecting the rights of persons with disabilities is the Declaration on the Rights of Persons with Disabilities, adopted by the UN General Assembly in 1975.

According to the Declaration, a disabled person is defined as any person who is unable to independently meet, in whole or in part, the needs of a normal personal and/or social life due to a deficiency, whether congenital or not, of his or her physical or mental abilities.8 The Declaration establishes that persons with disabilities have the inalienable right to respect for their human dignity, and regardless of the degree of their physical, mental or other limitations due to health, have rights on an equal basis with other citizens. That is, the principle of equality of disabled people is being implemented.

The Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of people.

Thus, the social state is a guarantor of social protection of the population, including the protection of persons with disabilities.

The Federal Law “On Social Protection of Disabled Persons in the Russian Federation” dated November 24, 1995, determined the state policy in the field of social protection of disabled people, the purpose of which is to provide disabled people with equal opportunities with other citizens in the implementation of all types of rights and freedoms that are provided for by the Constitution of the Russian Federation.

According to this law, 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 the life activity of a disabled person means a complete or partial loss of his ability or ability to carry out self-care, move independently, navigate, communicate, control his behavior, study and engage in work. 10

Recognition of a person as a disabled person is regulated by Decree of the Government of the Russian Federation dated February 20, 2006 No. 95 “On the procedure and conditions for recognizing a person as a disabled person.”

The conditions for recognizing a citizen as disabled are:

a) health impairment with a persistent disorder of body functions caused by diseases, consequences of injuries or defects;

b) limitation of life activity (complete or partial loss by a citizen of the ability or ability to carry out self-service, move independently, navigate, communicate, control one’s behavior, study or engage in work);

c) the need for social protection measures, including rehabilitation and habilitation.

It is important to note that the basis for recognition of disability is the presence of all three conditions.

Recognition of a citizen as a disabled person is carried out through a special medical and social examination, consisting of a comprehensive assessment of the state of the body based on analyzes and further comparison with the criteria and classifications approved by the Ministry of Labor and Social Protection of the Russian Federation.

A citizen is sent for a medical and social examination by a medical organization, pension or social protection body.

Medical and social examination can be carried out:

· at the office at your place of residence;

· at home, if it is impossible to come to the office;

· in a hospital where the citizen is undergoing treatment;

· in absentia, by decision of the bureau.

The examination is carried out at the request of a citizen or his legal representative.

The decision to recognize a citizen as disabled is made by a majority vote of the specialists who took part in the examination. The decision is announced to the citizen in the presence of all specialists in case of clarification.

If a citizen is recognized as disabled, he is issued a certificate that confirms the determination of disability, indicating the group, and is also issued an individual program for his rehabilitation or habilitation. And the date of establishment of disability will be considered the day the citizen submitted an application for an examination.

The category of blind, deaf, mute, people with impaired coordination of movement, completely or partially paralyzed, etc. are recognized as disabled due to obvious deviations from the normal physical condition of a person. Disability in such cases is usually established indefinitely.

Those recognized as disabled are assigned disability group I, II or III, depending on the degree of impairment of body functions. Minors are assigned the category “disabled child” until they reach the age of 18.

Disabled people can be classified on various grounds:

· age: disabled adults and disabled children;

· acquisition of disability: disabled people with general illness, disabled from birth, disabled people at work, disabled people at war;

· nature of the disease: mobile, low-mobility and immobile groups of disabled people;

· degree of ability to work: disabled, temporarily disabled, disabled.

When determining the disability group, various degrees of social disability are taken into account, which impair a person’s ability to live a full life.

The first disability group is the most difficult. It is established for persons with permanent or long-term disability who require ongoing assistance. The required assistance arises as a result of health problems with significant impairment of body functions, as a result of diseases, injuries and other defects that sharply limit a person’s life activity.

The second group is established for people with permanent or long-term disability, but who do not need constant assistance. It occurs as a result of a health disorder with a disorder of body functions, as a result of diseases, injuries and other defects that limit human life.

The third group is established for persons who, due to health conditions, cannot carry out certain activities. Occurs as a result of a minor health disorder with a disorder of body functions, as a result of diseases, injuries and other defects that slightly limit a person’s life.

As a result of treatment and provision of social assistance to disabled people, their degree of disability may change in one direction or another; for this purpose, re-examination periods have been established: for the first group - once every two years, and for the second and third - once a year.

The timing of re-examination is not specified in the following cases:

no later than 2 years after the initial recognition as disabled of a citizen who has diseases and other deviations according to the list defined by law;

no later than 4 years after the initial recognition of a disabled citizen, in cases where it is impossible to eliminate or reduce the degree of disability;

no later than 6 years after the initial establishment of the category “disabled child” in the case of a complicated course of malignant neoplasms in children;

upon initial recognition of a citizen as disabled, in the absence of positive results of the medical measures taken.

Upon reaching the age of 18, citizens classified as “disabled children” are subject to mandatory re-examination.

In accordance with the Government Decree “On the procedure and conditions for recognizing a person as disabled,” a citizen can appeal the decision of the bureau by means of a written application within a month. The application is submitted to the main bureau, which, no later than 1 month from the date of receipt of the application, conducts an examination of the citizen and makes its decision.

The decision of the main bureau can also be appealed; in this case, the citizen will be asked to change the composition of the specialists of the main bureau for a re-examination, or to undergo a medical and social examination at the Federal Bureau.

Also, the decision of the medical and social examination can be appealed in court.

It is worth noting that the decision of the medical and social examination is mandatory for execution by state authorities and local governments, as well as organizations, regardless of their form of education.

The number of people with disabilities on the territory of the Russian Federation is growing. Several reasons can be identified: deteriorating public health and a decrease in the efficiency of the social sphere.

Causes of disability can be divided into:

· Biomedical

These are medical reasons associated with injuries, accidents, pathologies, poor health care, etc.

· Socio-psychological

The reasons are related to the low standard of living and, as a consequence, psychological disorders in families.

· Economic and legal

A number of reasons related to low financial status and ineffective exercise of one’s rights and freedoms.

Disability of the population mainly depends on two components: biological and social.

Biological predicts trends in the development of certain diseases and the corresponding consequences. And social forecasts the effectiveness of social rehabilitation of disabled people, as well as analyzes the possibility of creating the necessary conditions for its implementation.

Currently, there are 12.9 million disabled people living in the Russian Federation, and approximately 1.5 million people are recognized as disabled annually. There is also a growing trend in the number of disabled people of working age.

According to statistics, only 5% of the total number of disabled people regain their ability to work, and the rest remain disabled for life.

Almost 80% of all disabled people belong to the first and second disability groups, many of whom require constant assistance.

These figures make it clear that the issue of protecting the rights of people with disabilities is of great importance for our state and society as a whole.

The state task of protecting the rights of people with disabilities strives not to treat, but to prevent illnesses that limit the life of citizens. The results of work on the rehabilitation of disabled people should reflect not only medical indicators, but also social aspects.

2.2Legal basis for social protection of disabled people in Russia

Disabled people, including disabled children and people disabled since childhood, have the right to medical and social assistance, rehabilitation, provision of medicines, prostheses, prosthetic and orthopedic products, means of transportation on preferential terms, as well as to vocational training and retraining.13

The legal basis for the social protection of persons with disabilities is an interconnected system of legal acts consisting of legal norms regulating the organization of social protection of persons with disabilities.

The system of the regulatory framework of the Russian Federation regulating the social protection of people with disabilities consists of: generally recognized international legal acts, the Constitution of the Russian Federation, laws and regulations, constitutions of republics, charters of constituent entities, collective agreements and agreements, etc.

As stated earlier, social protection of disabled people in the Russian Federation is implemented in accordance with international legislation. The UN Declaration on the Rights of Persons with Disabilities has formed the basic principles of the rights and protection of persons with disabilities:

· Persons with disabilities have the right to respect for their human dignity;

· Disabled people have equal rights as other citizens;

· Persons with disabilities have the right to medical and other treatment, education, employment and other necessary services.

· Persons with disabilities have the right to measures to achieve maximum independence;

· Persons with disabilities have the right to social and economic security;

· Persons with disabilities have the right to unhindered life activities;

· Persons with disabilities must be protected from discrimination;

· Disabled people should have the opportunity to obtain legal assistance to protect their rights;

· Disabled people must be made aware of their rights.

The Russian Federation, based on international standards, has formed its regulatory framework for the social protection of people with disabilities.

First of all, the main law of the state - the Constitution of the Russian Federation - proclaims Russia as a social state and gives everyone a guarantee of social security, including people with disabilities.

Federal Law of July 17, 1999 N 178-FZ “On State Social Assistance” establishes the legal and organizational basis for the provision of state social assistance to those in need, including the category of disabled people. However, the subject of the federal law does not include relations related to the provision of benefits and social support measures established by the legislation of the Russian Federation.

In particular, the law establishes among the powers of the state in the field of providing social assistance - the procurement of therapeutic nutrition for disabled children, with the further organization of its provision.

In accordance with the law, the following have the right to receive state social assistance in the form of a set of social services:

· disabled war veterans;

· disabled people;

· disabled children.

The range of social services related to social assistance for people with disabilities consists of:

1.Providing disabled children with special therapeutic nutrition.

2.Vouchers for sanatorium-resort treatment.

3.Free travel on suburban railway and intercity transport to and from the place of treatment.

Group I disabled people and disabled children have the right to receive a second voucher for sanatorium treatment and free travel for an accompanying person.

The duration of sanatorium-resort treatment is 18 days, for disabled children the period is increased to 21 days, and for disabled people with spinal cord and brain injuries - 24-42 days.

Determining state policy in the field of social protection of disabled people in the Russian Federation is the federal law dated

The law sets a goal for the state to provide disabled people with equal opportunities with other citizens in exercising their legal rights and freedoms.

According to the law, 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 society with other citizens.

And 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.

Discrimination on the basis of disability is prohibited by law. Discrimination is understood as any difference, exclusion or restriction due to the presence of disabilities among citizens, resulting in unequal exercise of legal rights and freedoms by disabled people.

The law establishes a certain procedure for recognizing a person as disabled - a medical and social examination carried out by federal medical and social examination institutions. This examination was discussed in paragraph 2.1. and is regulated by Decree of the Government of the Russian Federation dated February 20, 2006 N 95 “On the procedure and conditions for recognizing a person as disabled.”

The law also defines the concepts of rehabilitation and habilitation of people with disabilities.

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 activities carried out for disabled people and approved in the federal list are carried out at the expense of the federal budget.

The Institute of Social Rehabilitation of Disabled Persons is implemented in complex activities, including organizational, economic, urban planning, and rehabilitation activities themselves. It is carried out by the entire set of state and municipal bodies and institutions of social protection, education, healthcare, and other areas, in cooperation with non-state bodies.

Needy disabled people have the right to receive special rehabilitation technical means used to prevent life limitations. These may include means for care, self-care, mobility, etc.

An annual compensation of 17,420 rubles has also been established for the maintenance of guide dogs.

Medical care plays an important role in ensuring the life of disabled people. In the Russian Federation, people with disabilities, like other citizens, are provided with free medical care. The law regulates the provisions on payment for medical services provided to disabled people, as well as provisions on reimbursement of necessary expenses for disabled people.

Persons with disabilities have the right to unhindered receipt of all necessary information. For the visually impaired, this is realized by publishing specialized literature for libraries and educational institutions. For people with hearing or speech impairments, there is a system of subtitles and sign language translation of video materials.

In order to protect the rights of the visually impaired, the law authorizes the subject of the right, in cases of credit transactions, to use a facsimile reproduction of his handwritten signature, affixed using a mechanical copying device.

Particular attention is paid in the law to ensuring unimpeded access for people with disabilities to social, transport and engineering infrastructure.

State bodies and all organizations are obliged to provide people with disabilities:

· Unimpeded access to social, transport and engineering infrastructure;

· Unimpeded use of all types of public transport;

· Possibility of independent movement at the sites of the listed infrastructures;

· Accompanying disabled people;

· Installation of special equipment;

· Elimination of all possible obstacles to the movement and activities of disabled people of all groups and diseases.

In cases of failure to comply with these instructions without objective reasons, administrative liability arises.

The law regulates a certain procedure and system of benefits for providing disabled people with housing. Specially equipped housing is provided to disabled people and families with disabled children, taking into account the health status of the disabled person and other circumstances. Compensation of 50% of housing and utility costs is also provided. Single disabled children upon reaching 18 years of age are provided with housing out of turn. Priority for receiving a land plot for housing construction is given to people with disabilities, as well as families that include people with disabilities.

One of the areas of state social policy for protecting the rights of people with disabilities is providing education and vocational training for people with disabilities.

Educational institutions must create the necessary conditions to ensure the educational process among people with disabilities. Education is carried out in accordance with the characteristics of a particular disabled person, and can be expressed in the form of regular educational institutions, in educational institutions specialized for disabled people, or at home.

The law establishes provisions on guarantees of employment for people with disabilities. And for the successful implementation of the employment mechanism and further employment of disabled people, an important aspect is their professional training.

Vocational training of disabled people is carried out in accordance with an individual rehabilitation program in educational institutions of general and special types, as well as directly at enterprises. When entering secondary specialized or higher educational institutions, they enjoy certain benefits - their enrollment is carried out regardless of the admission plan.

Vocational training for people with disabilities is a tool for real employment, taking into account the characteristics of their health and ability to work.

The law includes the following as guarantees of employment for people with disabilities:

· Training people with disabilities in new professions;

· Conditions for the development of entrepreneurship among people with disabilities;

· Guarantee of jobs suitable for professions;

· Quota for admission of disabled people;

· Incentivizing employers to employ people with disabilities;

· Working conditions in accordance with rehabilitation and habilitation programs.

If the number of employees of the organization exceeds 100 people, then a quota for the employment of disabled people is established in the amount of 2-4% of the entire staff. If the number of employees is less than 100 and at least 35 people, then a quota of no more than 3% of the entire staff is established. The quota does not apply to public associations of disabled people and their organizations.

Quota places must be converted into special workplaces for employing disabled people that meet special requirements, according to the individual impairments of disabled people.

The reduced working day for disabled people of groups I and II is no more than 35 hours per week.

Annual leave for disabled people is set at no less than 30 calendar days.

The law prohibits the establishment of worse working conditions for disabled people compared to other workers.

The law reflects issues of social services for people with disabilities. For people with disabilities who need help, medical and consumer services are provided at home or in a hospital. Also, disabled people are provided with the necessary means of communication and other adaptive technical means.

The law establishes monthly payments for all categories of disabled people:

· Group I - 2,162 rubles;

· Group II and disabled children - 1,544 rubles;

· Group III - 1,236 rubles.

In accordance with the law, one of the forms of social protection of disabled people is public associations of disabled people. Such associations are created by disabled people themselves or interested parties to protect the rights of disabled people and their legitimate interests. The state and local governments support the manifestations of this form of social protection and provide various types of assistance to such associations in every possible way.

Legal regulation of social services for citizens, including disabled people, is carried out by Federal Law of December 28, 2013 No. 442-FZ “On the fundamentals of social services for citizens in the Russian Federation.” This law replaced the Federal Law of August 2, 1995 No. 122-FZ “On social services for elderly and disabled citizens.”

Social service refers to the provision of social services. Social services involve helping those in need to meet their vital needs and improve their living conditions.

The principles of social services include: non-discrimination; voluntariness; maintaining a familiar environment for those in need; targeting of service provision; the most convenient and effective providers of social services.

Social services are provided to the recipient of social services and carried out by the provider of social services.

Social service providers can be either government or non-government. These can be various commercial and non-profit organizations, individual entrepreneurs providing social services, etc.

The presence of disability is a circumstance in which a citizen is recognized as in need of social services.

Disabled people, as recipients of social services, have the right to: respect and humanity towards them; providing complete information about social service information; choosing a service provider; social support; refusal to receive services, etc.

After a citizen submits an application for the provision of social services, within 5 working days the authorized body makes a decision on recognizing or not recognizing the citizen as in need of receiving social services. If a citizen is recognized as needy, he is entered into the register of recipients of social services.

After providing the individual program to the provider, an agreement on the provision of social services is concluded between the provider and the recipient.

Social services, depending on the need, are provided in stationary and semi-stationary form, as well as at home.

According to the law, social services offer a wide range of social services for those in need:

· Medical

· Psychological

· Household

· Labor

· Educational

· Legal

· Urgent

Provisions on the types of social services are contained in Article 20 of Federal Law No. 442-FZ “On the fundamentals of social services for citizens in the Russian Federation”.

The need for urgent social services arises when an urgent vital need occurs. Urgent services include: free food, overnight accommodation, clothing, etc.

Federal Law No. 5-FZ of January 12, 1995 “On Veterans” guarantees social protection of veterans in the Russian Federation, including disabled people. The purpose of the law is to provide conditions for a decent life for these categories of citizens.

The law distinguishes several categories of disabled veterans: war invalids, military service veterans, and public service veterans. For each category, a definition has been established that explains who can belong to these categories of disabled people.

Providing conditions for a decent life for people with disabilities is implemented by this law by establishing certain guarantees and measures of social support for people with disabilities.

Social support measures for disabled veterans are expressed in:

· provision of certain pension benefits;

· providing needy disabled people with housing;

· compensation for housing and utility costs in the amount of 50%;

· domestic services;

· provision of prosthetic products;

· flexible annual leave and the option of 60 days without pay;

· professional education;

· special conditions of priority for various services;

· and etc.

More details about measures of social support for disabled veterans are set out in Article 14 of Federal Law No. 5-FZ “On Veterans”.

One of the forms of social support for war invalids, in accordance with the Federal Law, is the establishment of a monthly payment in the amount of 3,088 rubles.

It is worth noting that the social protection measures provided for by the Federal Law are implemented not only in relation to the disabled themselves, but also in relation to members of their families.

The legislation of the Russian Federation, when implementing state policy in the field of social protection of the rights of people with disabilities, pays special attention to the pension aspect. In this regard, a number of legislative acts are in place.

Federal Law No. 400-FZ of December 28, 2013 “On Insurance Pensions” classifies the type of insurance pensions as the disability insurance pension. Insured citizens with one of three disability groups have the right to such a pension.

In previous legislation, the right to a disability retirement pension depended on the presence of one of three disability groups, the cause of disability (general illness, work injury, occupational disease, military injury, etc.), the presence and duration of total work experience.18 The new legislation establishes the right to receiving a disability insurance pension regardless of the listed factors, but only depending on the presence of a recognized disability. In the absence of insurance coverage, a disabled person has the right to a social disability pension.

The calculation of the size and payments of a disability insurance pension is regulated in accordance with Chapter 4 of the Federal Law “On Insurance Pensions”.

The law establishes certain cases of early assignment of a disability insurance pension:

1.Disabled war veterans - men over 55 years old and 25 years of insurance experience, women over 50 years old and 20 years of insurance experience.

2.For visually impaired people of group I - men over 50 years old and insurance experience over 15 years, women over 40 years old and insurance experience over 10 years.

Federal Law of December 15, 2001 No. 166-FZ “On State Pension Provision in the Russian Federation” will distinguish this type of pension for state pension provision as a disability pension.

A disability pension is established for disabled military personnel, World War II participants, those awarded the “Resident of Besieged Leningrad” badge, victims of radiation or man-made disasters, and cosmonauts.

The social disability pension is established for disabled citizens with disabilities.

In accordance with the law, war invalids have the right to receive two pensions at the same time - a disability pension and an old-age insurance pension.

The conditions for the assignment of disability pensions are specified in the articles of Chapter II “Conditions for the assignment of pensions for state pension provision” 166-FZ. And their size is in Chapter III “Amounts of pensions for state pension provision”.

Federal Law No. 167-FZ of December 15, 2001 “On Compulsory Pension Insurance in the Russian Federation” recognizes the disability insurance pension as mandatory insurance coverage for compulsory insurance. The insured event is the onset of disability.

Federal Law No. 40-FZ of April 25, 2002 “On compulsory civil liability insurance of vehicle owners” contains a provision for compensation of 50% of the insurance premium for compulsory motor liability insurance for disabled people who own vehicles.

There are about 617 thousand disabled children in the Russian Federation, which is why it is so important to have appropriate legislation regulating support for disabled children. Federal Law No. 256-FZ of December 29, 2006 “On additional measures of state support for families with children” establishes provisions for the implementation of maternity capital in relation to disabled children. At the same time, Federal Law No. 81-FZ of May 19, 1995 “On state benefits for citizens with children” encourages the practice of adopting disabled children with a benefit of 100,000 rubles.

Provisions on the social protection of citizens who became disabled as a result of the disaster at the Chernobyl nuclear power plant are contained in the Law of the Russian Federation of May 15, 1991 No. 1244-1 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant.”

Based on the foregoing, we can conclude that the system of legal protection of people with disabilities in the Russian Federation includes a wide range of regulations governing this area of ​​public policy. A large number of legislative acts, decrees and orders make it possible to carefully regulate the most important aspects of social policy in relation to people with disabilities living in the Russian Federation.

It can be noted that Russian legislation in the field of the legal framework for social protection of disabled people is constantly developing and improving. International experience in this area is of no small importance for this.

Thus, on May 3, 2012, the Russian Federation ratified the Convention on the Rights of Persons with Disabilities. According to the Convention, the state must pursue an active policy to protect the rights of people with disabilities. As a result, on January 1, 2016, the Federal Law of December 1, 2014 No. 419-FZ “On Amendments to Certain Legislative Acts of the Russian Federation on Social Protection of Persons with Disabilities in Connection with the Ratification of the Convention on the Rights of Persons with Disabilities” came into force.

The procedure for establishing disability has undergone changes, which is expressed in the recognition of disability depending on the severity of persistent disorders of body functions, and not on the degree of limitation of life activity, as was previously the case.

In addition to “rehabilitation,” the law includes the concept of “habilitation,” which legislates this important process. An individual habilitation program for people with disabilities has also appeared.

The importance of ensuring accessibility for disabled people to transport, social and engineering infrastructures, as well as communication facilities, is reinforced.

On January 1, 2017, the regulation on the federal register of disabled people will come into force. The purpose of creating the register is to record information about people with disabilities.

social protection disabled legislation

Chapter III. Features of legal regulation of social protection of disabled people in Moscow

3.1Regulatory and legal framework for the implementation of social protection of disabled people

Legal regulation of social protection of disabled people in the city of Moscow is implemented in accordance with generally recognized international acts and federal laws of the Russian Federation, which was discussed in the previous chapter of the thesis. However, the city of Moscow, as a subject of the Russian Federation, has additional regulations governing this area of ​​legal relations.

One of the laws regulating relations related to the provision of social support measures for people with disabilities in Moscow is the Moscow Law of November 3, 2004 N 70 “On measures of social support for certain categories of residents of the city of Moscow.”

· disabled people of the Second World War and military operations, as well as persons equivalent to them;

· family members of deceased or disabled war veterans;

· disabled people of groups I, II, III;

· disabled children;

In accordance with the Law, persons with disabilities are provided with certain social support measures:

· free travel on all types of public transport in Moscow;

· and free production and repair of dentures.

It is worth noting that the right to free travel also applies to a person accompanying a group I disabled person or a disabled child.

The Law defines additional social support measures for war disabled people:

· monthly compensation for local telephone services in the amount of 345 rubles;

· payment for housing and utilities is made with a 50% discount;

Visually impaired people with disability groups I and II are exempt from paying for radio stations.

Visually impaired persons with disability group I receive monthly compensation for local telephone services in the amount of 190 rubles.

If federal legislation provides for the provision of social support measures for disabled people and families with disabled children for paying for utilities based on the volume of consumed utilities, determined by meter readings, but not more than the consumption standards for the corresponding utilities, then these categories of citizens are provided with additional measures social support at the expense of the budget of the city of Moscow in the amount of 50 percent of the fee for the volume of consumed utilities, determined by meter readings and exceeding the consumption standards for the corresponding utilities. These additional social support measures are provided in the manner and under the conditions established by the Moscow Government.

From January 1, 2016, visually impaired people with disability groups I and II have the right to receive city social support measures in the form of social services or in cash.

The list of city social support measures includes:

1)the right to free travel on all types of urban passenger transport (except taxis and minibuses);

2)preferential (free or discounted) dispensing of drugs according to doctors’ prescriptions;

3)preferential (free or discounted) commuter rail travel.

The monetary form is expressed in the cost of social support measures, which is established annually for the corresponding year by the law of the city of Moscow on the budget of the city of Moscow.

The Moscow Law “On measures of social support for certain categories of residents of the city of Moscow” establishes the right to choose measures of social support. If a disabled person has the right to receive social support measures on several grounds, then the support is provided in accordance with the citizen’s choice on one of the grounds.

Disabled people living in the city of Moscow and entitled to receive social support measures are included in the citywide register of recipients of social support measures, and users of social cards are additionally included in the unified register of social benefit recipients.

The measures of social support for people with disabilities listed in the Law are expenditure obligations of the city.

Additional measures of social support for disabled people in medical, professional and social rehabilitation, habilitation, provision of technical means of rehabilitation, upbringing and education, promotion of their employment are established by Moscow Law No. 55 of October 26, 2005 “On additional measures of social support for disabled people and other persons with disabilities.” restrictions on life activity in the city of Moscow"

Social support measures in accordance with the Law apply to citizens of the Russian Federation living in the city of Moscow:

· disabled people of groups I, II, III;

· disabled children;

· needy persons who have temporary or permanent disabilities, but are not recognized as disabled in the established manner.

The law is based on the principles of increasing the level of social protection of people with disabilities and their adaptation to new social legislation.

The objectives of this Law are:

1.creating conditions for restoring the abilities of disabled people and other persons with disabilities to perform everyday, social and professional activities;

2.it is possible to fully satisfy the needs of these persons for rehabilitation or habilitation;

3.improving the quality and standard of living of these persons. The social support measures established by the Law are provided to citizens at their place of residence on the basis of a personal application or a legal representative. The provided social support measures are provided free of charge or on preferential terms.

The authorized executive authorities of the city of Moscow guarantee the provision by organizations under their jurisdiction of services in the field of medical, professional and social rehabilitation, habilitation services, and also, if necessary, attract organizations that carry out activities for the rehabilitation and habilitation of disabled people, operating on the basis of medical care standards.

Disabled persons are provided with technical means of rehabilitation and prosthetic and orthopedic products. In accordance with the Law, they are provided taking into account medical indications and social criteria (degree of disability, level of rehabilitation capabilities, possibility of social integration).

In accordance with the individual rehabilitation or habilitation program for disabled people, special conditions are created for upbringing, education and professional training, taking into account individual capabilities. Disabled people, including disabled children, depending on the degree of disability, can study in educational institutions; in the form of family education and self-education; at home; remotely.

· creation of additional jobs and specialized organizations for the work of disabled people;

· creation of programs to promote the employment of people with disabilities;

· reserving the most suitable jobs for people with disabilities;

· quota for admission of disabled people;

· vocational guidance and adaptation services;

· special training programs;

· priority of receiving vocational training in in-demand professions;

· necessary working conditions in the workplace.

Disabled people who have the right, in accordance with the Law, to receive social support measures, are entered into a citywide special register, which is an integral part of the database of disabled people in the city of Moscow.

The social support measures for people with disabilities listed in the Law are also expenditure obligations of the city.

When pursuing social policy in the field of protecting the rights and freedoms of people with disabilities, seeking to eliminate all forms of discrimination against people with disabilities, it is important to ensure their freedom of movement.

Moscow Law No. 3 of January 17, 2001 “On ensuring unimpeded access for disabled people and other citizens with limited mobility to social, transport and engineering infrastructure facilities of the city of Moscow” regulates relations related to the creation of conditions for the unimpeded movement of disabled people in Moscow.

Facilities that must be equipped with special devices and equipment for free movement and access for people with disabilities and other people with limited mobility include:

· residential buildings;

· administrative buildings and structures;

· cultural objects and cultural and entertainment facilities (theatres, libraries, museums, places of worship, etc.);

· buildings of educational, medical, scientific organizations, social protection organizations;

· objects of trade, catering and consumer services for the population, financial and banking institutions;

· hotels, hotels, other places of temporary accommodation;

Today's government policy towards people with disabilities is the result of its development over 200 years. In many ways, it reflects the history of development and culture of society, general living conditions, as well as social and economic policies in different periods of time.

In recent years, the problem of disability has become particularly relevant and acute. This is due both to the increase in the absolute and relative number of disabled people, and And with a change in attitude towards this problem of society and, most importantly, of the inva-

leads Active movements of people with disabilities for their rights around the world are gradually leading to a change in attitude towards people with disabilities, their social problems and needs, both on the part of society and on the part of government agencies.

In different countries and at each historical stage, the concept of “disability” had different meanings. Translated from Latin "disabled person" (tuaNish) means weak, infirm.

Before the development of capitalism, the term primarily referred to military personnel who suffered during hostilities. From the second half of the 19th century, in connection with the development of the technical industry and the advent of social insurance, disability began to be understood as a disability.

Work ability is an important indicator of social adaptation, but not the only one and not exhaustive. Therefore, the concept of disability is now undergoing changes.

WHO experts have prepared a three-dimensional concept for assessing the consequences of the disease (Woody Neain Oshchatman, IMontep1a1ure oG Tra1gtep1;5, B15aNiTe5 anD B1sac1yan1aGe8, 1989), the essence of which is as follows.

A deviation from the norm in the human body can occur at birth or be acquired as a result of injury or illness. A long-term disease leads to changes in body structure and appearance, as well as in the functioning of organs and systems. An individual's activities or behavior may change as a result of the progression of the disease and the occurrence of impairments. His daily actions may become limited, i.e. limitation of life activity appears (including

ability to work).

From the point of view of the functional functioning and activity of the individual, disability is a disorder at the level of the individual. In most cases, the individual himself is aware of the manifestation of the disease. Knowledge of the disease or a change in the individual's behavior, or restrictions on his activities, can put a particular person at a disadvantage in relation to others, thus the disease acquires a social character. This manifestation reflects social insufficiency (in other words, social maladaptation) resulting from a violation And life restrictions

The social level of development of the disease reflects the reaction of society to the individual’s condition and is manifested in the individual’s relationship with society, which may include such a specific instrument as legislation.

All of the above may be graphically represented by the following diagram (Fig. 2):

Rice. 2. Scheme of socialization of the disease

Thus, impairment or deficiency (impairment)- is any loss or abnormality of psychological, physiological or anatomical structure or function. The disorder is characterized by losses or deviations from the norm that may be temporary or permanent. The term "impairment" refers to the presence or occurrence of an abnormality, defect or loss of a limb, organ, tissue or other part of the body, including the mental system. A disorder is a deviation from some norm in the biomedical state of an individual, and the definition of the characteristics of this status is given by specialist doctors who can judge deviations in the performance of physical and mental functions, comparing them with generally accepted ones.

Limitation of life activitiesdisability- is any limitation or inability (as a result of an impairment) to carry out an activity in a manner or within a framework considered normal for a person of a given age. If the disorder affects the functions of individual parts of the body, then disability refers to complex or integrated activities common to the individual or the body as a whole, such as performing tasks, mastering skills, and behavior. The main characteristic of disability is the degree of its manifestation. Most people involved in providing assistance to people with disabilities usually base their assessment on the severity of the limitation in performing actions.

Social disadvantage(handicap or disadvantage) is the social consequences of a health disorder, such a disadvantage of a given individual arising from a violation or limitation of life activities in which a person can perform only limited or cannot perform the role in life usual for his position (depending on age, gender , social and cultural status).

Thus, this definition follows from the modern WHO concept, according to which the reason for assigning disability is not the disease or injury itself, but their consequences, manifested in the form of violations of the psychological, physiological or anatomical structure or functions, leading to limitations in life activity and social insufficiency (social maladjustment).

In the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” dated January 20, 1995, a disabled person is defined as 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 causing the need for his social protection.

Limitation of life activity is understood as the complete or partial loss of a person’s ability or ability to carry out self-care, move independently, navigate, communicate, control one’s behavior, study and engage in work activities.

The presented approaches to understanding disability cannot be considered satisfactory, since they largely reflect the medical side of the problem. Disabled people themselves express particular dissatisfaction with this definition. They believe that every person can have certain limitations in social life, even without being disabled. As for people with disabilities, many obstacles to active life and the opportunity to study and work arise due to the fault of society.

In the medical model of disability, all attention is focused on physical or mental pathology, and, therefore, the disabled person needs treatment, rehabilitation and adaptation to life in society.

The social model, the authors of which are people with disabilities themselves, or, as they often say, with disabilities, considers the problem of disability not from the point of view of pathology and physical disabilities, but in the relationship of the individual with his environment and society. From this perspective, disability is not caused by illness, but by discrimination and psychological reluctance to accept people with disabilities as full members, as well as environmental barriers.

The Recommendations for rehabilitation programs of the Parliamentary Assembly of the Council of Europe dated May 5, 1992 noted that disability - these are limitations in capabilities caused by (physical, psychological, sensory, social, cultural, legislative and other barriers that do not allow

allow a person with a disability to be integrated into society and take part in the life of the family or society on the same basis as other members of society. In this definition, disability is not so much a medical as a social concept and is considered as one of the forms of social inequality.

The task of society and the state is to change attitudes towards people with disabilities, eliminate inequality, and create conditions for the full functioning of people with disabilities, in which they will feel like a natural and integral part of society.

Disability is an important social problem in every society. To ensure the protection of public health, it is necessary to solve many important medical, social and national problems. Each state forms a socio-economic policy towards people with disabilities and population groups at increased risk of disability, depending on the level of its economic development, priorities, the attitude of citizens to the problem of disability and the economic opportunities of people with disabilities.

The formation of policies regarding people with disabilities has its own history throughout the world. For a long time, the rights of people with disabilities have been the object of close attention of the UN and other international organizations (ILO, UNESCO, UNIS, etc.). The main direction that can be traced in policy development is the transition from social security to civil equality for people with disabilities.

All international documents can be conditionally divided into two large groups: those relating to human rights in general, and therefore persons with disabilities, and those specifically relating to the rights of persons with disabilities. Any of these documents does not contain provisions limiting people with physical or mental disabilities in any rights reserved for people of other social categories.

The fundamental documents of the world community regarding the rights of persons with disabilities include the Universal Declaration of Human Rights, adopted in 1948, and the Declaration of Social Progress and Development, proclaimed by the UN General Assembly in 1969. Universal Declaration of Human Rights indicates that “all people are born free and equal in rights and dignity”, “everyone can have all the rights and freedoms without distinction of any kind”, “everyone has the right to life without any conditions and restrictions”, “everyone is equal before the law and has the right to protection against any discrimination”, “everyone has the right to a normal life in the event of unemployment, illness, or disability.”

Declaration of Social Progress and Development also contains provisions aimed at protecting people with disabilities and preventing any kind of discrimination.

Among the acts of the Council of Europe it is necessary to mention European Convention on Social Security And European Convention on Social and Medical Assistance. They contain provisions on the right of every person to medical care, social protection, vocational training, work, housing, and welfare. While these rights apply to all people, they apply equally to people with disabilities.

Convention on the Rights of the Child includes an article on protecting children from all forms of physical and psychological violence. It notes that “the mentally and physically disabled child should lead a full life in conditions that ensure his dignity, promote his self-confidence and facilitate his active participation in society.” Such children must be provided with access to health care, education, vocational training, health promotion, preparation for work, as well as access to recreational facilities.

The international community's recognition of equal rights for people with disabilities, however, does not allow us to deny that objectively people with disabilities represent a social group that has certain characteristics, namely the presence of disabilities. It follows from this that providing disabled people with equal rights can be ensured only by creating special conditions for them aimed at compensating for limitations in their life activities. This is precisely what the second group of international documents is devoted to, targeting states to address the special needs of people with disabilities and create real conditions for their medical and social rehabilitation.

The place of the program document in this group is taken by Declaration of the Rights of Persons with Disabilities, adopted in 1975. This international document emphasizes that people with disabilities must be protected from any kind of exploitation, they have the right to respect for their human dignity, to measures designed to enable them to acquire the greatest possible independence. According to UN experts, the basic rights that should be guaranteed to a disabled person and on the basis of which the degree of compliance of the national policy of the state with international standards is determined are the rights to education and work, to marriage, to parenthood, the right to go to court, the right to immunity privacy and property, and political rights.

Persons with disabilities have the right to medical or functional treatment, prosthetic and orthopedic devices, social and medical care and rehabilitation, allowing them to fully integrate into society.

To this end, the declaration, for the first time in human history, recommends that states provide the most important rights to people with disabilities:

For medical, psychological and social rehabilitation, prosthetic and orthopedic care;

For vocational training and employment;

For various types of social services;

For economic and social security;

The right to have the special needs of persons with disabilities taken into account
all stages of economic and social planning;

The right to qualified legal assistance;

The right of persons with disabilities, their families and communities to free access to
information contained in this declaration.

The rights of people with mental disabilities to medical and social rehabilitation are reflected in Declaration of the Rights of Mentally Retarded Persons, adopted by the UN General Assembly in 1971. According to the declaration, a mentally retarded person has the right to medical care and treatment, a satisfactory standard of living, education, training and restoration of the ability to work on an equal basis with other people.

1981 was declared by the UN General Assembly as the International Year of Persons with Disabilities under the slogan “Full participation and equality”. In order to attract the attention of governments and the public to the problem of people with disabilities, in 1982 the UN General Assembly adopted World Program of Action on the prevention of disability and rehabilitation of disabled people. It aims countries at the full participation of persons with disabilities in public life, their development and equality. Three work tasks of the program are devoted to the prevention of disability, medical and social rehabilitation of people with disabilities and expanding their rights to equal opportunities and improving the quality of life.

In 1983, a resolution was adopted on measures to implement the World Program of Action for the Protection of Persons with Disabilities. 1984-1993 were declared the Decade of Disabled Persons, during which it was planned to implement the provisions of this program. In 1987, a global meeting of experts was held in Stockholm to assess progress in the implementation of the World Program of Action and made important comments on its implementation. Adopted in 1990 World Declaration on the Survival, Protection and Development of Children.

Based on the experience gained during the Decade of Persons with Disabilities and a number of international documents relating to the rights of persons with disabilities, in 1993 the UN General Assembly formulated Standard Rules for the Equalization of Opportunities for Persons with Disabilities. Although rules are not enforced, they can become common international standards if they are enforced.

met by most states seeking to respect international laws. The rules assume a deep moral and political motivation on the part of the state to create equal opportunities for people with disabilities.

The standard rules have become the main international document fixing the basic principles of medical and social rehabilitation of disabled people. They provide specific recommendations to states on how to take the necessary measures to ensure the full participation of persons with disabilities in public life.

The standard rules include modern concepts of disability, disability prevention, medical and social rehabilitation and equal opportunities. They draw attention to the fact that “the rehabilitation process does not involve only the provision of medical care,” it “includes a wide range of rehabilitation measures and activities.” Rehabilitation is understood as the achievement by disabled people of an optimal physical, mental and social level of activity, as well as ensuring equal opportunities. It means “the process by which various systems of society and the environment, such as services, work, information, are made accessible to persons with disabilities.”

In 1994, a long-term Strategy for the Implementation of the World Program of Action for Persons with Disabilities to the Year 2000 and Beyond, which provided a mechanism for implementing the goals reflected in the resolution “A society for all by 2010”. The program addresses issues of eradicating poverty for people with disabilities, expanding their useful employment and reducing unemployment, and social integration of people with disabilities.

In 1999, at the Assembly of International Rehabilitation in London, it was adopted Third Millennium Charter, reflecting the desire to create “a world with equal opportunities for people with disabilities and ensure the full inclusion of this category of the population in all spheres of society.” The Charter proposes to consider “disability as one of the diverse manifestations of human life, since 10% of the planet’s inhabitants have congenital or acquired disabilities,” since “the number of disabled people whose disorders in the body are the result of imperfect preventive measures to prevent diseases or unsuccessful treatment attempts." The Charter calls for the elimination of physical and psychological barriers to people with disabilities, and for the use of all the achievements of humanity to expand access to the resources of society for people with disabilities. The charter pays special attention to the right of people with disabilities to rehabilitation and the creation of conditions for restoring the ability to live independently. She aims to “ensure that every disabled person receives