Social services for citizens in the Russian. Understanding the new law on social services

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

(Edition dated 20.10.2014)

Federal Law No. 442-FZ of December 28, 2013 “On the Fundamentals of Social Services for Citizens in the Russian Federation”, in accordance with its Article 37, comes into force on January 1, 2015.

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

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

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

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

Article 29 of the Federal Law No. 442 establishes that the prevention of circumstances that determine the need for a citizen in social services, including carried out by " surveysconditionslife-sustaining citizen, determining the causes,affecting the deterioration of these conditions".

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

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

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

To prevent these circumstances specified in the law, which are the basis for the provision of social services to a citizen, a set of measures is needed in the field of economics, culture, education, medicine, safety and others. However, in the conclusion of the Government of the Russian Federation it is said that this law does not require additional funding, which means that funding "for prevention" under the new law is not included.

The danger of the proposed norm is obvious: under a plausible pretext, total control over citizens is introduced, with the aim of greater coverage of the population with social services, and, consequently, obtaining more funding for organizations providing these services. One can see not so much the state's concern for the recipients of social services as for the providers of social services.

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

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

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

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

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

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

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

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

In each family, depending on the cultural, spiritual traditions, family rules introduced by the spouses from parental relations into their family, one of them takes on the role of the head of the family and establishes new rules by which the married couple lives, are brought up
children. The upbringing of children is built on demands, concessions, compromises, rewards and punishments and is based on the formation of responsibility for all family members through overcoming marital and child-parent conflicts and subordination to family authorities (father and mother) "(from the same expert opinion) .

Thus, psychological violence should be excluded from the scope of Federal Law No. 442, as carrying a potential threat to interference in family relations by the bodies of interdepartmental interaction.

Since physical or sexual violence in the family may be circumstances requiring social services, such as providing shelter to mother and child, subparagraph 5 of paragraph one of Article 15 should be reworded, leaving them among the circumstances that worsen or may worsen the living conditions of a citizen.

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

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

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

The Federal Law 195 FZ “On the Fundamentals of Social Services for the Population in the Russian Federation”, which was previously in force in this area, became invalid with the adoption of a new law. Federal Law 442 was approved on December 28, 2013, entered into force on January 1, 2015, from that moment Federal Law 195 ceased to be valid.

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

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

In accordance with the general provisions, Law FZ 442 defines the following principles for providing required services to the population:

observance of human rights;
humanity;
respect for human dignity and honor;
equal and free access of citizens to social services;
address orientation;
proximity of suppliers to the place of residence of citizens;
formation of a sufficient number of suppliers to meet the needs of the population;
creation of a habitual and favorable environment for a person;
voluntariness of the use of provided services;
privacy and .

By Article 19 FZ 442 social services are provided at home, semi-stationary or in stationary form. In the first case, the supplier arrives at the place of residence of the applicant. Semi-stationary services imply the ability to access them at certain opening hours of the institution. Stationarity is the residence of the recipient on the territory of the institution that provides the services provided.

Types of social services under article 20 of the Federal Law 442 are defined in the following categories:

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

The types of social services include urgent help in emergencies and emergencies.

Also in the Russian Federation there is a Federal Law on social services for the elderly and the disabled. You can learn more about this law

Download 442 FZ

Download Federal Law "On the Fundamentals of Social Services for Citizens in the Russian Federation" 442-FZ Can . The document is presented in the latest version with changes relevant to August 2014. The text can be used by human rights activists, officials, as well as citizens who are studying their rights and obligations in depth.

Last changes

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

part 1 Art. 7 And article 8 respectively supplemented by paragraphs 7.1 and 24.1 of the same content: “ creating conditions for organizing an independent assessment of the quality of services provided by social service organizations»;
V article 13 Law 442 FZ in part 2 introduced clause 12.1 on an independent assessment of the quality of services provided; Part 4 was introduced on ensuring the technical possibility for citizens to express their opinion about the quality on official websites;
added to the law article 23.1.

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

openness and availability of information;
comfort conditions;
availability of required services;
waiting time for social services;
friendliness, courtesy and competence of employees;
satisfaction of citizens in the services received.

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

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

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

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

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

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

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

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

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

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

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

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

Bezhitsky district court of Bryansk (Bryansk region) - Civil and administrative

Bryansk Boarding Home for the Elderly and Disabled”, the earlier legal relationship for the provision of social services to the defendant by the plaintiff was terminated, since the agreement on the provision of social services has become invalid 31 . 12.2017. In addition, during the time of residence in the boarding school, the defendant systematically violated the internal regulations, was rude and insulted employees and residents. Based on the provisions of Articles 309, 310, ...