181 fz article 17 with all changes. Federal Law "On Social Protection of Disabled Persons in the Russian Federation"

It does not work Edition from 24.11.1995

FEDERAL LAW dated November 24, 1995 N 181-FZ "ON SOCIAL PROTECTION OF DISABLED PEOPLE IN THE RUSSIAN FEDERATION"

This Federal Law defines the state policy in the field of social protection of disabled people in the Russian Federation, the purpose of which is to provide disabled people with equal opportunities with other citizens in exercising civil, economic, political and other rights and freedoms provided for by the Constitution of the Russian Federation, as well as in accordance with generally recognized principles and norms of international law and international treaties of the Russian Federation.

Chapter I. General Provisions

A disabled person is a person who has a health disorder with a persistent disorder of body functions due to diseases, the consequences of injuries or defects, leading to a limitation of life and causing the need for his social protection.

Limitation of life activity - complete or partial loss of the ability or ability of a person to carry out self-service, move independently, navigate, communicate, control their behavior, learn and engage in work activities.

Depending on the degree of impairment of body functions and limitation of life activity, persons recognized as disabled are assigned a disability group, and persons under the age of 16 are assigned the category "child with a disability".

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

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

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

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

The jurisdiction of federal government bodies in the field of social protection of persons with disabilities includes:

1) determination of state policy in relation to persons with disabilities;

2) adoption of federal laws and other regulatory legal acts of the Russian Federation on the social protection of persons with disabilities (including those regulating the procedure and conditions for granting the unified federal minimum of social protection measures to persons with disabilities); control over the implementation of the legislation of the Russian Federation on the social protection of persons with disabilities;

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

4) establishment of general principles for the organization and implementation of medical and social expertise and rehabilitation of disabled people;

5) definition of criteria, establishment of conditions for recognition of a person as a disabled person;

6) establishment of state standards for social services, technical means of rehabilitation, means of communication and informatics, establishment of norms and rules that ensure the accessibility of the living environment for the disabled; determination of relevant certification requirements;

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

8) implementation of accreditation and licensing of enterprises, institutions and organizations that are in federal ownership, carrying out activities in the field of rehabilitation of disabled people;

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

10) approval and funding of federal basic programs for the rehabilitation of disabled people;

11) creation of objects of the rehabilitation industry, which are in federal ownership, and their management;

12) determination of the list of specialties of workers employed in the field of medical and social expertise and rehabilitation of disabled people, organization of training in this area;

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

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

15) establishment of job quotas for the disabled;

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

17) the establishment of federal benefits, including taxation, for organizations, regardless of organizational and legal forms and forms of ownership, that invest in the field of social protection of the disabled, produce special industrial goods, technical equipment and devices for the disabled, provide services to the disabled, as well as public associations of disabled people and enterprises, institutions, organizations, business partnerships and companies owned by them, the authorized capital of which consists of the contribution of a public association of disabled people;

18) the establishment of federal benefits for certain categories of disabled people;

19) formation of indicators of the federal budget for the costs of social protection of the disabled.

The jurisdiction of the state authorities of the constituent entities of the Russian Federation in the field of social protection of persons with disabilities includes:

1) implementation of the state policy in relation to persons with disabilities in the territories of the constituent entities of the Russian Federation;

2) adoption of laws and other regulatory legal acts of the constituent entities of the Russian Federation on the social protection of disabled people, control over their implementation;

3) determining priorities in the implementation of social policy in relation to persons with disabilities in the territories of the constituent entities of the Russian Federation, taking into account the level of socio-economic development of the territory of the constituent entity of the Russian Federation;

4) creation of enterprises, institutions and organizations of the State Service for Medical and Social Expertise, the State Service for the Rehabilitation Industry, and control over their activities;

5) accreditation and licensing of enterprises, institutions and organizations owned by the constituent entities of the Russian Federation, carrying out activities in the field of rehabilitation of disabled people;

6) participation in the implementation of federal programs in the field of social protection of the disabled, development and financing of regional programs in this area;

7) approval and financing of the list of rehabilitation measures carried out in the territories of the constituent entities of the Russian Federation, taking into account socio-economic, climatic and other features in addition to the federal basic programs for the rehabilitation of disabled people;

8) creation and management of objects in the field of social protection of disabled people, which are under the jurisdiction of the constituent entities of the Russian Federation;

9) organization and coordination of training activities in the field of social protection of disabled people;

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

11) development, within its competence, of methodological documents on the issues of social protection of persons with disabilities;

12) assistance in the work and provision of assistance to public associations of disabled people in the territories of the constituent entities of the Russian Federation;

13) the establishment of benefits, including taxation, for organizations, regardless of organizational and legal forms and forms of ownership, investing in the field of social protection of the disabled, producing special industrial goods, technical equipment and devices for the disabled, providing services to the disabled, as well as public associations disabled people and enterprises, institutions, organizations, business partnerships and companies owned by them, the authorized capital of which consists of the contribution of a public association of disabled people;

14) the establishment of benefits for disabled people or certain categories of disabled people in the territories of the constituent entities of the Russian Federation at the expense of the budgets of the constituent entities of the Russian Federation;

15) formation of the budgets of the constituent entities of the Russian Federation in terms of the costs of social protection of the disabled.

Federal bodies of state power and bodies of state power of the constituent entities of the Russian Federation may, by agreement, transfer to each other part of their powers in the field of social protection of persons with disabilities.

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

Chapter II. Medical and social expertise

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

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

1. Medical and social expertise is carried out by the State Service for Medical and Social Expertise, which is part of the system (structure) of the bodies of social protection of the population of the Russian Federation. The procedure for organizing and operating the State Service for Medical and Social Expertise is determined by the Government of the Russian Federation.

2. Medical services when registering citizens for examination at the institutions of the State Service for Medical and Social Expertise, rehabilitation measures are included in the federal basic program of compulsory medical insurance for citizens of the Russian Federation and are financed from federal and territorial compulsory medical insurance funds.

3. The State Service of Medical and Social Expertise is entrusted with:

1) determination of the group of disability, its causes, timing, time of onset of disability, the needs of the disabled person in various types of social protection;

2) development of individual programs for the rehabilitation of disabled people;

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

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

5) determination of the degree of loss of professional capacity for work of persons who have received an industrial injury or occupational disease;

6) determination of the cause of death of a disabled person in cases where the legislation of the Russian Federation provides for the provision of benefits to the family of the deceased.

The decision of the body of the State Service for Medical and Social Expertise is binding on the relevant state authorities, local governments, as well as organizations, regardless of organizational and legal forms and forms of ownership.

Chapter III. Rehabilitation of the disabled

1. Rehabilitation of the disabled - a system of medical, psychological, pedagogical, socio-economic measures aimed at eliminating or, if possible, more fully compensating for limitations in life activity caused by a health disorder with a persistent disorder of body functions. The purpose of rehabilitation is to restore the social status of a disabled person, to achieve material independence and social adaptation.

2. Rehabilitation of the disabled includes:

1) medical rehabilitation, which consists of restorative therapy, reconstructive surgery, prosthetics and orthotics;

2) vocational rehabilitation of disabled people, which consists of vocational guidance, vocational education, vocational adaptation and employment;

3) social rehabilitation of the disabled, which consists of social and environmental orientation and social adaptation.

The Federal Basic Program for the Rehabilitation of the Disabled is a guaranteed list of rehabilitation measures, technical means and services provided to a disabled person free of charge at the expense of the federal budget.

The Federal Basic Program for the Rehabilitation of the Disabled and the procedure for its implementation are approved by the Government of the Russian Federation.

Rehabilitation facilities and services are provided to persons with disabilities, usually in kind.

Individual rehabilitation program for a disabled person - developed on the basis of the decision of the State Service for Medical and Social Expertise, a set of rehabilitation measures that are optimal for a disabled person, including certain types, forms, volumes, terms and procedures for the implementation of medical, professional and other rehabilitation measures aimed at restoring, compensating for impaired or lost functions of the body, restoration, compensation for the ability of a disabled person to perform certain types of activities.

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

An individual program for the rehabilitation of a disabled person contains both rehabilitation measures provided to a disabled person free of charge in accordance with the federal basic program for the rehabilitation of disabled people, and rehabilitation measures that are paid for by the disabled person himself or other persons or organizations, regardless of organizational and legal forms and forms of ownership.

The volume of rehabilitation measures provided for by an individual program for the rehabilitation of a disabled person cannot be less than that established by the federal basic program for the rehabilitation of disabled people.

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

If the technical or other means or service provided for by the individual rehabilitation program cannot be provided to the disabled person, or if the disabled person has acquired the appropriate means or paid for the service at his own expense, he shall be paid compensation in the amount of the cost of the technical or other means, services that must be provided to the disabled person.

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

The State Service for the Rehabilitation of the Disabled is a set of state authorities, regardless of departmental affiliation, local governments, institutions of various levels that carry out activities for medical, vocational and social rehabilitation.

Coordination of activities in the field of rehabilitation of disabled people is carried out by the Ministry of Social Protection of the Population of the Russian Federation.

Rehabilitation are institutions that carry out the process of rehabilitation of disabled people in accordance with rehabilitation programs.

Federal executive authorities, executive authorities of the constituent entities of the Russian Federation, taking into account regional and territorial needs, create a network of rehabilitation institutions and ensure the development of a system of medical, professional and social rehabilitation of disabled people, organize the production of technical rehabilitation equipment, develop services for disabled people, promote the development of non-state rehabilitation institutions in they have licenses for this type of activity, as well as funds of various forms of ownership and interact with them in the implementation of the rehabilitation of disabled people.

Financing of rehabilitation measures is carried out at the expense of the federal budget, funds of the budgets of the constituent entities of the Russian Federation, federal and territorial funds for compulsory medical insurance, the State Employment Fund of the Russian Federation, the Pension Fund of the Russian Federation (in accordance with the provisions on these funds), other sources not prohibited the legislation of the Russian Federation. Financing of rehabilitation measures, including the maintenance of rehabilitation institutions, is allowed on the basis of cooperation between budgetary and non-budgetary funds.

The procedure for organizing and operating the State Service for the Rehabilitation of the Disabled is determined by the Government of the Russian Federation.

Chapter IV. Ensuring the life of the disabled

The provision of qualified medical care to the disabled, including drug provision, is carried out free of charge or on preferential terms in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

The procedure and conditions for the provision of qualified medical care to various categories of disabled persons are determined by the Government of the Russian Federation.

Medical rehabilitation of disabled people is carried out within the framework of the federal basic program of compulsory medical insurance for the population of the Russian Federation at the expense of federal and territorial compulsory medical insurance funds.

The state guarantees the disabled person the right to receive the necessary information. To this end, measures are being taken to strengthen the material and technical base of editorial offices, publishing houses and printing enterprises that produce special literature for the disabled, as well as editorial offices, programs, studios, enterprises, institutions and organizations that produce gramophone records, audio recordings and other sound products, film and videos and other video products for the disabled. The publication of periodical, scientific, educational and methodical, reference and informational and fiction literature for the disabled, including those published on tape cassettes and Braille, is carried out at the expense of the federal budget.

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.

The social protection authorities of the population provide assistance to the disabled in receiving services for sign language translation, the provision of sign language equipment, and the provision of tiflo means.

The Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, local governments, organizations, regardless of organizational and legal forms and forms of ownership, create conditions for disabled people (including disabled people using wheelchairs and guide dogs) for free access to social infrastructure facilities: residential , public and industrial buildings, recreational facilities, sports facilities, cultural and entertainment and other institutions; for unhindered use of public transport and transport communications, means of communication and information.

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

Carrying out measures to adapt social and industrial infrastructure facilities for access to them by disabled people and their use by disabled people is carried out in accordance with federal and territorial target programs approved in the prescribed manner.

The development of design solutions for the new construction of buildings, structures and their complexes without the consent of the relevant executive authorities of the constituent entities of the Russian Federation and taking into account the opinion of public associations of the disabled is not allowed.

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

Enterprises, institutions and organizations providing transport services to the population provide equipment with special devices for vehicles, stations, airports and other facilities that allow disabled people to freely use their services.

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

Disabled persons are exempted from rent for land and premises for the storage of vehicles available for their personal use.

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

Organizations, regardless of organizational and legal forms and forms of ownership, that do not comply with the measures provided for by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation to adapt existing means of transport, communications, information and other social infrastructure facilities for access to them by disabled people and use their disabled persons, allocate to the appropriate budgets the funds necessary to meet the needs of the disabled, in the manner and in the amount established by the Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, local governments with the participation of public associations of disabled people. These funds are used for the intended purpose only for the implementation of measures to adapt social infrastructure facilities for access to them by disabled people and their use by disabled people.

Disabled persons and families with disabled children who need to improve their living conditions are registered and provided with living quarters, taking into account the benefits provided for by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

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

Disabled persons 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. The specified right is taken into account when registering for the improvement of housing conditions and the provision of housing in the houses of the state or municipal housing stock. Additional living space occupied by a disabled person (regardless of whether in the form of a separate room or not) is not considered excessive and is payable in a single amount, taking into account the benefits provided.

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

Disabled persons living in stationary social service institutions and wishing to receive housing under a lease or lease agreement are subject to registration for the improvement of living conditions, regardless of the size of the occupied area and are provided with housing on an equal basis with other disabled people.

Disabled children living in stationary social service institutions, who are orphans or deprived of parental care, upon reaching the age of 18, are subject to provision with living quarters out of turn, if the individual rehabilitation program for a disabled person provides for the possibility of self-service and leading an independent lifestyle.

The dwelling in the houses of the state, municipal and public housing stock, occupied by a disabled person under a contract of employment or lease, when the disabled person is placed in a stationary social service institution, is retained by him for six months.

Specially equipped living quarters in the houses of the state, municipal and public housing stock, occupied by disabled people under a contract of employment or lease, upon their release, are populated first of all by other disabled people who need to improve their living conditions.

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

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

The procedure for granting these benefits is determined by the Government of the Russian Federation. Executive authorities of the constituent entities of the Russian Federation and local governments have the right to establish additional benefits for disabled people.

Educational institutions, bodies of social protection of the population, institutions of communication, information, physical culture and sports ensure the continuity of upbringing and education, social adaptation of children with disabilities.

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

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

If it is not possible to educate and educate children with disabilities in general or special preschool and general educational institutions, educational authorities and educational institutions provide, with the consent of their parents, the education of children with disabilities in a complete general education or individual program at home.

The procedure for the upbringing and education of children with disabilities at home, in non-state educational institutions, as well as the amount of compensation for parents' expenses for these purposes, are determined by the Government of the Russian Federation.

The state guarantees the necessary conditions for disabled people to receive education and vocational training.

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

The state shall provide disabled persons with basic general, secondary (complete) general education, primary vocational, secondary vocational and higher vocational education in accordance with the individual program for the rehabilitation of a disabled person.

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

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

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

The organization of the educational process in special vocational educational institutions for the disabled is regulated by regulatory legal acts, organizational and methodological materials of the relevant ministries and other federal executive bodies.

State educational authorities provide students free of charge or on preferential terms with special teaching aids and literature, as well as provide students with the opportunity to use the services of sign language interpreters.

Persons with disabilities are guaranteed employment by the federal state authorities, state authorities of the constituent entities of the Russian Federation through the following special measures that contribute to increasing their competitiveness in the labor market:

1) implementation of a preferential financial and credit policy in relation to specialized enterprises employing the labor of disabled people, enterprises, institutions, organizations of public associations of disabled people;

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

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

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

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

6) creating conditions for entrepreneurial activity of disabled people;

7) organizing training for disabled people in new professions.

Organizations, regardless of organizational and legal forms and forms of ownership, where the number of employees is more than 30 people, are set a quota for hiring disabled people as a percentage of the average number of employees (but not less than three percent).

Public associations of disabled people and enterprises, institutions, organizations, business partnerships and companies owned by them, the authorized capital of which consists of the contribution of a public association of disabled people, are exempt from mandatory quotas for jobs for disabled people.

The executive authorities of the constituent entities of the Russian Federation have the right to establish a higher quota for the employment of disabled people.

The procedure for determining the quota is approved by the said bodies.

In case of non-fulfillment or impossibility of fulfilling the quota for hiring disabled people, employers pay a mandatory fee in the established amount for each unemployed disabled person within the established quota to the State Employment Fund of the Russian Federation. The funds received are spent for the purpose of creating jobs for the disabled.

On the proposal of the Federal Employment Service of Russia, the State Employment Fund of the Russian Federation transfers the indicated amounts to organizations, regardless of organizational and legal forms and forms of ownership, to create jobs for the disabled in excess of the approved quota, as well as to public associations of the disabled to create specialized enterprises (workshops, sites), employing disabled people.

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

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

Special jobs for the employment of disabled people are created at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation, the State Employment Fund of the Russian Federation, with the exception of jobs for disabled people who have received an industrial injury or occupational disease. Special jobs for the employment of disabled people who have received a disease or injury while performing military service duties or as a result of natural disasters and ethnic conflicts are created at the expense of the federal budget.

Special jobs for the employment of disabled people who have received an industrial injury or occupational disease are created at the expense of employers who are obliged to compensate for harm caused to employees as a result of an injury, occupational disease or other damage to health associated with the performance of work duties by employees.

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

It is not allowed to establish in collective or individual labor contracts the working conditions of disabled people (remuneration, working hours and rest time, the duration of annual and additional paid holidays, etc.), which worsen the situation of disabled people in comparison with other workers.

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

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

Disabled persons are granted annual leave of at least 30 calendar days based on a six-day working week.

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

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

1) create or allocate jobs for the employment of persons with disabilities;

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

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

3. Heads of organizations, regardless of organizational and legal forms and forms of ownership, who violate the procedure for making mandatory payments to the State Employment Fund of the Russian Federation, are liable in the form of paying a fine: for concealing or understating the mandatory payment - in the amount of a hidden or underpaid amount, and in in case of refusal to hire a disabled person within the established quota - in the amount of the cost of the workplace, determined by the executive authorities of the constituent entities of the Russian Federation. Fines are collected in an indisputable manner by the bodies of the State Tax Service of the Russian Federation. Paying the fine does not relieve them of the debt.

The unemployed is recognized as a disabled person who has a work recommendation, a conclusion on the recommended nature and working conditions, which is issued in accordance with the established procedure, who does not have a job, is registered with the Federal Employment Service of Russia in order to find a suitable job and is ready to start it.

To make a decision on recognizing a disabled person as unemployed, he submits to the body of the Federal Employment Service of Russia, along with the documents established by the Law of the Russian Federation "On Employment in the Russian Federation", an individual program for the rehabilitation of a disabled person.

State support (including the provision of tax and other benefits) to enterprises and organizations that produce industrial goods, technical means and devices for the disabled, provide employment for the disabled, provide medical care, educational services, provide health resort treatment, consumer services and create conditions for physical culture and sports, organizing leisure activities for people with disabilities, investing more than 30 percent of the profits in projects that ensure the life of people with disabilities, in scientific and experimental design development of technical means for the rehabilitation of people with disabilities, as well as prosthetic and orthopedic enterprises, medical and industrial (labor) workshops and subsidiary farms of institutions of social protection of the population, the state enterprise "National Fund for Assistance to the Disabled of the Russian Federation" is carried out in the manner and on the conditions provided for by the legislation of the Russian Federation.

The material support of the disabled includes cash payments on various grounds (pensions, allowances, insurance payments in case of health risk insurance, payments to compensate for harm caused to health, and other payments), compensation in cases established by the legislation of the Russian Federation.

Receipt of compensations and other cash payments of one type does not deprive persons with disabilities of the right to receive other types of cash payments, if they have the grounds for this, provided for by the legislation of the Russian Federation.

Social services for disabled people are carried out in the manner and on the grounds determined by local governments with the participation of public associations of disabled people.

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

Disabled people in need of outside care and assistance are provided with medical and household services at home or in stationary institutions. The conditions for the stay of persons with disabilities in a stationary social service institution must ensure the possibility for persons with disabilities to exercise their rights and legitimate interests in accordance with this Federal Law and contribute to the satisfaction of their needs.

Disabled persons have the right to manufacture and repair prosthetic and orthopedic products and other types of prosthetic products (except for dentures made of precious metals and other expensive materials equal in value to precious metals) at the expense of the federal budget in the manner established by the Government of the Russian Federation.

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

Disabled persons are given a 50% discount for the use of a telephone and a radio broadcasting point.

Disabled people are provided with household appliances, typhlo-, deaf- and other means necessary for their social adaptation; the repair of these devices and means is carried out for the disabled free of charge or on preferential terms.

The procedure for providing disabled people with technical and other means that facilitate their work and life is determined by the Government of the Russian Federation.

Disabled people and children with disabilities have the right to sanatorium treatment in accordance with an individual program for the rehabilitation of a disabled person on preferential terms. Disabled people of group I and disabled children in need of sanatorium treatment are entitled to receive a second voucher for the person accompanying them under the same conditions.

Non-working disabled people, including those in stationary social service institutions, are given free sanatorium-and-spa vouchers by the social protection authorities.

Working invalids are provided with sanatorium and resort vouchers at the place of work on preferential terms at the expense of social insurance funds.

Persons with disabilities who have received a work injury or occupational disease are provided with vouchers for sanatorium treatment at the expense of employers who are obliged to compensate for harm caused to employees as a result of injury, occupational disease or other damage to health associated with the performance of work duties by employees.

Disabled children, their parents, guardians, custodians and social workers caring for disabled children, as well as disabled people, enjoy the right to travel free of charge on all types of public transport in urban and suburban communications, except for taxis.

Disabled people are provided with a 50% discount from the cost of travel on intercity lines of air, rail, river and road transport from October 1 to May 15 and once (round trip) at other times of the year. Disabled people of groups I and II and children with disabilities are granted the right to travel free of charge once a year to the place of treatment and back, unless more favorable conditions are established by the legislation of the Russian Federation.

These benefits apply to a person accompanying a disabled person of group I or a disabled child.

Disabled children and persons accompanying them are entitled to free travel to the place of treatment (examination) in buses of suburban and intercity intra-regional routes.

Disabled persons with relevant medical indications are provided with vehicles free of charge or on preferential terms. Disabled children who have reached the age of five and who suffer from impaired functions of the musculoskeletal system are provided with motor vehicles on the same conditions with the right to drive these vehicles by adult family members.

Technical support and repair of motor vehicles and other means of rehabilitation owned by disabled persons are carried out out of turn on preferential terms and in the manner established by the Government of the Russian Federation.

Disabled persons, parents of children with disabilities are compensated for the expenses associated with the operation of special vehicles.

Disabled persons who have the appropriate medical indications for receiving a motor vehicle free of charge, but who have not received it, and also, at their request, instead of receiving a motor vehicle, are provided with annual monetary compensation for transportation costs.

The procedure and conditions for the provision of vehicles and payment of compensation for transportation costs are determined by the Government of the Russian Federation.

Organizations, regardless of organizational and legal forms and forms of ownership, provide disabled people with benefits for paying for medicines, sanatorium and resort treatment; on transport services, lending, acquisition, construction, receipt and maintenance of housing; for payment of utilities, services of communication institutions, trade enterprises, cultural and entertainment and sports and recreational institutions in accordance with the legislation of the Russian Federation.

This Federal Law preserves the benefits established for disabled persons by the legislation of the former USSR. The benefits provided for disabled people are maintained regardless of the type of pensions they receive.

In cases where other legal acts for disabled persons provide for norms that increase the level of social protection of disabled people in comparison with this Federal Law, the provisions of these legal acts shall apply. If a disabled person is entitled to the same benefit under this Federal Law and simultaneously under another legal act, the benefit is provided either under this Federal Law or under another legal act (regardless of the basis for establishing the benefit).

Citizens and officials guilty of violating the rights and freedoms of persons with disabilities are liable in accordance with the legislation of the Russian Federation.

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

Chapter V. Public Associations of the Disabled

In order to represent and protect their rights and legitimate interests, persons with disabilities and persons representing their interests have the right to create public associations, movements and funds in the manner prescribed by the legislation of the Russian Federation. Public associations of the disabled and their subdivisions, which are legal entities, may be participants in economic companies established for the purpose of carrying out entrepreneurial activities. Federal executive authorities, executive authorities of the constituent entities of the Russian Federation provide assistance and assistance, including material, technical and financial assistance, to public associations of the disabled, their movements and foundations.

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

Enterprises, institutions, organizations, business partnerships and companies, buildings, structures, equipment, transport, housing stock, intellectual property, cash, shares, shares and securities, as well as any other property and land plots may be owned by public associations of disabled people in accordance with the legislation of the Russian Federation.

The state guarantees the provision of benefits for the payment of federal taxes, fees, duties and other payments to the budgets of all levels to the All-Russian public associations of the disabled, their organizations, enterprises, institutions, organizations, business companies and partnerships owned by them, the authorized capital of which consists of the contribution of these public associations of the disabled.

Decisions on granting benefits to public associations of the disabled in the payment of regional and local taxes, fees, duties and other payments are taken by the state authorities of the appropriate level.

Decisions on granting benefits for the payment of federal taxes, dues, duties and other payments to regional and local public associations of the disabled may be taken by state authorities of the appropriate level within the amounts credited in accordance with the legislation of the Russian Federation to their budgets.

The Zakonbase website presents the FEDERAL LAW dated November 24, 1995 N 181-FZ "ON SOCIAL PROTECTION OF DISABLED PEOPLE IN THE RUSSIAN FEDERATION" in the most recent edition. It is easy to comply with all legal requirements if you familiarize yourself with the relevant sections, chapters and articles of this document for 2014. To search for the necessary legislative acts on a topic of interest, you should use the convenient navigation or advanced search.

On the Zakonbase website you will find the FEDERAL LAW of November 24, 1995 N 181-FZ "ON SOCIAL PROTECTION OF DISABLED PEOPLE IN THE RUSSIAN FEDERATION" in a fresh and complete version, in which all changes and amendments have been made. This guarantees the relevance and reliability of the information.

At the same time, you can download the FEDERAL LAW dated 11.24.95 N 181-FZ "ON SOCIAL PROTECTION OF DISABLED PEOPLE IN THE RUSSIAN FEDERATION" completely free of charge, both in full and in separate chapters.

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

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

Disabled persons and families with disabled children who are in need of better housing conditions and registered after January 1, 2005 are provided with housing in accordance with the housing legislation of the Russian Federation.

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

Living quarters are provided to the disabled, families with disabled children, taking into account the state of health and other circumstances worthy of attention.

Disabled persons may be provided with housing under a social tenancy agreement with a total area exceeding the provision rate per person (but not more than twice), provided that they suffer from severe forms of chronic diseases provided for in the list established by the federal body authorized by the Government of the Russian Federation executive power.

The payment for a dwelling (payment for social rent, as well as for the maintenance and repair of a dwelling) provided to a disabled person under a social tenancy agreement in excess of the norm for providing the area of living quarters, is determined based on the occupied total area of the living quarters in a single amount, taking into account the benefits provided.

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

Disabled persons living in social service organizations providing social services in a stationary form and wishing to receive housing under a social contract of employment are subject to registration for improving housing conditions, regardless of the size of the occupied area and are provided with housing on an equal basis with other disabled people.

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

The residential premises of the state or municipal housing stock, occupied by a disabled person under a social contract of employment, when a disabled person is placed in a social service organization that provides social services in a stationary form, shall be kept by him for six months.

Specially equipped living quarters of the state or municipal housing stock, occupied by disabled people under a social contract of employment, upon their release, are populated first of all by other disabled people who need to improve their living conditions.

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

Payments for rent and payment for the maintenance of residential premises, including payment for services, work on the management of an apartment building, for the maintenance and current repairs of common property in an apartment building, based on the occupied total area of \u200b\u200bresidential premises of state and municipal housing funds;

Payments for cold water, hot water, electrical energy consumed in the maintenance of common property in an apartment building, as well as for the disposal of wastewater in order to maintain common property in an apartment building, regardless of the type of housing stock;

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

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

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

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

Disabled people and families with disabled people are given the right to receive land plots in priority for individual housing construction, farming and gardening.

Judicial practice under article 17 of the Federal Law of November 24, 1995 No. 181-FZ

Decision dated October 1, 2019 in case No. А51-12181/2019

In accordance with federal targeted programs, but only in the manner and in cases provided for by federal laws. The Constitutional Court of the Russian Federation also indicated that Part 3 of Article 17 of the Law of November 24, 1995 No. 181-FZ “On the Social Protection of Disabled Persons in the Russian Federation”, being a reference norm by its nature, is applied in a systemic relationship with the provisions of the housing ...

Ruling dated October 1, 2019 in case No. А24-7810/2018

Arbitration Court of the Kamchatka Territory (AC of the Kamchatka Territory)

On the need to release the land plot from the non-stationary commercial facility, as well as to transfer the land plot according to the act. The said notice was received by A.F. Patlai. 01/11/2016. 17 . On 08.2016, based on the application of the administration of the Elizovsky urban settlement, the Office of Rosreestr for the Kamchatka Territory made entry No. 41-41/001/41/999/001/2016-390/1 on the termination ...

Decision No. 3A-146/2019 3A-146/2019~M-280/2019 M-280/2019 dated September 19, 2019 in case No. 3A-146/2019

Chelyabinsk regional court (Chelyabinsk region) - Civil and administrative

A residential building, upon completion of the construction of which the developer agreed to participate in the auction of the district administration for the purchase of apartments. By the decision of the Krasnoarmeysky District Court of the Chelyabinsk Region dated August 17, 2018, the administration was denied a deferral of execution of this judicial act. On October 22, 2018 and December 07, 2018, electronic auctions held by the administration on...

Resolution dated September 17, 2019 in case No. А51-25561/2018

Arbitration Court of the Far Eastern District (FAS DO)

... ARBITRATION COURT OF THE FAR EASTERN DISTRICT Pushkina st., 45, Khabarovsk, 680000, official website: www.fasdvo.arbitr.ru RESOLUTION Khabarovsk September 17, 2019 No. F03-3467/2019 The operative part of the resolution was announced 12 September 2019. The full text of the resolution was made on September 17, 2019. Arbitration Court of the Far Eastern District in...

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Arbitration Court of Primorsky Territory (AC Primorsky Territory)

... ARBITRATION COURT OF THE FAR EASTERN DISTRICT Pushkin st., 45, Khabarovsk, 680000, official website: www.fasdvo.arbitr.ru RESOLUTION Khabarovsk September 17, 2019 No. Ф03-3875/2019 The operative part of the resolution was announced 12 September 2019. The full text of the resolution was made on September 17, 2019. Arbitration Court of the Far Eastern District in...

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Arbitration Court of the Volga-Vyatka District (FAS VVO)

75, 114, 132 of the Constitution of the Russian Federation, articles 8, 12, 15, 16, 393, 1069 of the Civil Code of the Russian Federation, articles 51, 58 of the Housing Code of the Russian Federation, articles 17, 28.2 of the Federal Law of November 24, 1995 No. 181-FZ " On the Social Protection of the Disabled in the Russian Federation" (hereinafter referred to as the Law on the Social Protection of the Disabled), paragraphs 3-5 of the Rules...

407 10/08/2019 7 min.

The participation of persons with disabilities in society is complicated due to physical disabilities. Social protection from the state is called upon to overcome these barriers. On the basis of the law, a special system of rights and obligations of a disabled person is being built. In this article, we will consider the existing guarantees and measures of social support for the disabled, and show whether conditions for equality with other citizens have been created.

What you need to know about being disabled

A disabled person is a person who has a health disorder with a persistent disorder of body functions due to diseases, the consequences of injuries or defects.

As a result, a person partially or completely loses the ability or opportunity to live fully. This manifests itself in difficulty:

assessment of the current situation, its location in space and time;
moving without assistance;
satisfaction of their needs of a physiological nature, compliance with the rules of hygiene;
perception of information from other people, its comprehension, transmission of one's thoughts;
control of one's own actions within the framework of the norms accepted by society;
memorization and assimilation of knowledge, their application in practice;
performance of work duties.

To be sure of the correctness of the ITU conclusion, study the classification of disability groups.

Federal Law of the Russian Federation “On the Protection of the Disabled”

Limitation of life activity leads to the need for social protection and support from the state. Creating conditions for equal opportunities is the main task of such protection. The framework of the rights granted to disabled people is based on international standards and formalized in the system of legal acts of Russia. The basic documents are the Constitution of the Russian Federation and federal law N 181-FZ "On the social protection of persons with disabilities in the Russian Federation" dated November 24, 1995, as amended on December 5, 2017.

Benefits and guarantees are provided to persons with disabilities only after acquiring the status of a disabled person. The institution of medical and social expertise, based on a comprehensive assessment of the state of health, makes a decision on the recognition of disability, determines protection measures, forms an individual program of rehabilitation or habilitation.

Surnames, names, addresses, dates of birth, education, places of work, disability groups, benefits received, vouchers and other information about such persons are combined into a single electronic system called the Federal Register of Disabled Persons (FRI).

After passing the ITU, a rehabilitation plan is developed for each disabled person

If at the time of obtaining the status a person had at least some work experience, then he is entitled to. If there is no experience, then you should count on.

Guaranteed social security rights

Rehabilitation is a system and process of full or partial restoration of the abilities of disabled people for household, social, professional and other activities.

habilitation- this is a system and process of formation of abilities for household, social, professional and other activities that were absent in disabled people.

These protective measures are designed to compensate for (and, if possible, eliminate) the restrictions on the life of such a person. A disabled person has the right to receive assistance in the medical, professional, pedagogical, household and sports fields, i.e. where it is difficult to adapt independently.

For each disabled person, a personal rehabilitation or habilitation program is drawn up. The measures included in it are obligatory for execution by persons of any organizational and legal form. If it is impossible to provide a service or technical means of rehabilitation from the program, the disabled person is paid monetary compensation.

Participation in a rehabilitation program is not an obligation, but a right of a disabled person. He can refuse completely or partially, and independently provide himself with technical means of rehabilitation (prostheses, hearing aids, etc.).

In case of failure from the program, the disabled person is not entitled to demand its implementation from state bodies and compensation for unprovided free services.

Habilitation is a complex of social and medical assistance

Right to assistance from medical structures

Disability refers to constant or occasional medical attention. It is free within the same framework as for other citizens, there is freedom to choose a doctor and a medical organization. At the same time, special medical institutions have been created to provide assistance to the disabled (centers, departments, boarding houses, sanatorium and resort facilities).

The status of a disabled person gives the right to additional assistance:

Free medicines, medical products and products are issued according to prescriptions in a special format. A prescription is issued by a doctor on the basis of the data contained in the FRI upon presentation of a passport.
A voucher to a sanatorium can be obtained on the basis of a doctor's certificate of the need for preventive treatment. The certificate is valid for 6 months.

The duration of treatment of disabled children in a sanatorium can reach 21 days. Disabled persons of all groups will spend up to 18 days in such an institution. With the exception of disabled people with impaired brain function (spinal and brain), whose treatment period varies from 24 to 42 days.

The task of society is to make the environment as accessible as possible for people with disabilities

For access to information

Disabled people have the right to use publicly available data on an equal basis with other citizens. Ensuring the right to information is carried out in the following areas:

Libraries are replenished with educational, reference and other types of literature on non-standard media. Difficulties with vision are solved through audio literature and books written in Braille. The source of replenishment is the release and purchase at the expense of the state.
Hearing difficulties are overcome through visual sources of information (films, programs, etc.), supplemented by sign language translation or subtitles. Assistance is also provided by the provision of hearing aids to such persons.
Persons with hearing and / or visual impairments are helped by typhlo-signal translation (tactile finger method) and typhlo-means.

The law recognizes sign Russian as the language of communication, the translation services of which must be provided by any state organization.

Free education is also a state task within the law

For unimpeded visits to social facilities

Disabled people can swim in pools, use transport, go to a hairdresser. In theory… In practice, they are often limited in their ability to get where they need to go. Now these barriers have been removed by the introduction of mandatory norms on:

bringing the territory into a state of accessibility for such persons: installing special ramps for wheelchairs, expanding doorways, re-equipping elevators, etc. Compulsory for all buildings under construction and reconstruction from July 1, 2016. If the conversion is no longer possible, it will be necessary to agree with the disabled society on the procedure for providing the service in another way (at home, remotely, etc.);
accompanying the blind and those who are unable to move on their own;
duplication of the necessary information: addition of graphic images with sound information and inscriptions in Braille;
admission of guide dogs with a document on their special training;
installation of equipment and sources of information in accessible places;
providing 10% of parking spaces for free parking of disabled vehicles.

Wheelchairs and guide dogs are no longer an obstacle to visiting public places.

Due to the lack of adequate infrastructure, people do not leave their homes for years

Benefits in the housing sector

The need for housing is satisfied by providing housing under a social tenancy agreement from the state or municipal fund. The size of the living space can exceed the norm by a maximum of two times, depending on the severity of the disease. In this case, the fee (for hiring, repair and maintenance) is charged in a single amount.

If such a person ends up in a social service organization for a long time, then housing is retained for him only for six months. After that, it is distributed among other disabled people.

Upon reaching the age of 18, orphans recognized as disabled are provided with housing in the first place, subject to two conditions:

their place of residence was an organization providing permanent social services (shelters, orphanages);
they are able to live independently, have household skills.

The rehabilitation and habilitation program for a disabled person determines a set of tools and devices that are allowed to be installed in a residential area.

Benefits for people with disabilities in the housing sector:

50% of the rent and expenses for the repair and maintenance of the dwelling (excluding privately owned dwellings)
50% payment for services regardless of the form of ownership (water, electricity, sewerage, etc.)

Families with disabilities have priority in the queue for obtaining land plots for building a house and engaging in gardening and horticulture.

Education

All levels of education are available to persons with disabilities on a free basis. Their content is adapted to the programs of habilitation and rehabilitation.

Certain types of diseases give the right to study at home. In other cases, educational structures must create conditions for learning, including a sanitary environment and the relevance of educational programs to the capabilities of people with disabilities.

Educational staff have an obligation to provide support, whether they are educated at home or in public institutions.

Legislation provides benefits for housing and communal services

Improving the competitiveness of people with disabilities in the labor market

Professional adaptation of persons with disabilities is provided by the state through:

Quota settings for employment: from 2 to 4% (if there are more than 100 employees); up to 3% (from 35 to 100 employees). Quotas are mandatory for any organization.
Creation of adapted workplaces (with other equipment, lighting, etc.) within these quotas.
Requirements for the compliance of working conditions with the rehabilitation (habilitation) program.
Teaching new professions, stimulating the entrepreneurship of such persons.

Disabled people of groups I and II are guaranteed full pay for a working week of 35 hours. All persons with disabilities are entitled to leave of 30 calendar days.

For children, the issuance of medicines and the issuance of special means, for example, wheelchairs

Services at the social level

Social services are provided by social service organizations with the assistance of public associations of the disabled.

Such services are provided:

Stationary, when a person lives in an institution around the clock. Housing, medicines, special equipment, food, clothing, etc. are issued on the spot.
At a day hospital, when staying in an organization and receiving services are limited to part of the day.
At home if you can't go outside. This is how medicines, food are bought, cleaning is done, etc.

A disabled person has the right to give away a damaged means of technical rehabilitation (wheelchair, hearing aid, prosthesis, etc.) for repairs free of charge or on preferential terms, without waiting in line.

Material support

This is assistance in the form of allowances, pensions, payments in case of harm, the occurrence of an insured event, etc. In addition, disabled people receive an additional payment (UDV) every month.

RUSSIAN FEDERATION

THE FEDERAL LAW

ON SOCIAL PROTECTION OF DISABLED PEOPLE IN THE RUSSIAN FEDERATION

Accepted

State Duma

Approved

Federation Council

(as amended by Federal Laws No. 125-FZ dated July 24, 1998,

dated 04.01.1999 N 5-FZ, dated 17.07.1999 N 172-FZ,

dated 05/27/2000 N 78-FZ, dated 06/09/2001 N 74-FZ,

of 08.08.2001 N 123-FZ, of 12.29.2001 N 188-FZ,

dated December 30, 2001 N 196-FZ, dated May 29, 2002 N 57-FZ,

dated 01/10/2003 N 15-FZ, dated 10/23/2003 N 132-FZ,

dated 22.08.2004 N 122-FZ (as amended on 29.12.2004), dated 29.12.2004 N 199-FZ,

dated December 31, 2005 N 199-FZ, dated October 18, 2007 N 230-FZ,

dated 01.12.2007 N 309-FZ, dated 01.03.2008 N 18-FZ,

dated 14.07.2008 N 110-FZ, dated 23.07.2008 N 160-FZ,

dated 22.12.2008 N 269-FZ, dated 28.04.2009 N 72-FZ,

dated 24.07.2009 N 213-FZ)

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

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

Chapter I. GENERAL PROVISIONS

Article 1

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

(as amended by Federal Law No. 172-FZ of July 17, 1999)

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

Article 2. The concept of social protection of disabled people

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

(as amended by Federal Law No. 122-FZ of 22.08.2004)

ConsultantPlus: note.

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

Social support for the disabled - a system of measures that provides social guarantees to the disabled, established by laws and other regulatory legal acts, with the exception of pensions.

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

Article 3

Article 4

The jurisdiction of federal government bodies in the field of social protection of persons with disabilities includes:

1) determination of state policy in relation to persons with disabilities;

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

4) establishment of general principles for the organization and implementation of medical and social expertise and rehabilitation of disabled people;

5) definition of criteria, establishment of conditions for recognition of a person as a disabled person;

6) setting standards for technical means of rehabilitation, means of communication and informatics, establishing norms and rules that ensure the accessibility of the living environment for the disabled; determination of relevant certification requirements;

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

8) implementation of accreditation of enterprises, institutions and organizations that are in federal ownership, carrying out activities in the field of rehabilitation of disabled people;

(as amended by Federal Law No. 15-FZ of 10.01.2003)

ConsultantPlus: note.

Decree of the Government of the Russian Federation of 29.12.2005 N 832 approved the federal target program "Social Support for the Disabled for 2006-2010".

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

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

(Clause 10 as amended by Federal Law No. 122-FZ of August 22, 2004)

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

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

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

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

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

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

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

17) - 18) have become invalid. - Federal Law of August 22, 2004 N 122-FZ;

19) formation of indicators of the federal budget for the costs of social protection of disabled people;

20) establishment of a unified registration system for persons with disabilities in the Russian Federation, including children with disabilities, and the organization, on the basis of this system, of statistical monitoring of the socio-economic situation of persons with disabilities and their demographic composition.

(Item 20 was introduced by Federal Law No. 172-FZ of July 17, 1999)

Article 5

(As amended by Federal Law No. 199-FZ of December 31, 2005)

State authorities of the constituent entities of the Russian Federation in the field of social protection and social support for persons with disabilities have the right to:

1) participation in the implementation of state policy in relation to persons with disabilities in the territories of the constituent entities of the Russian Federation;

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

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

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

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

6) providing additional measures of social support to disabled people at the expense of the budgets of the constituent entities of the Russian Federation;

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

8) carrying out activities for training personnel in the field of social protection of persons with disabilities;

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

10) assistance to public associations of disabled people.

Article 6

Chapter II. MEDICAL AND SOCIAL EXPERTISE

Article 7. The concept of medical and social expertise

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

Article 8

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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

(as amended by Federal Laws No. 122-FZ of 22.08.2004, No. 160-FZ of 23.07.2008)

Federal institutions of medical and social expertise are entrusted with:

(as amended by Federal Laws No. 132-FZ of October 23, 2003, No. 122-FZ of August 22, 2004)

1) establishment of disability, its causes, timing, time of onset of disability, the needs of a disabled person in various types of social protection;

(as amended by Federal Law No. 122-FZ of 22.08.2004)

2) development of individual programs for the rehabilitation of disabled people;

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

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

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

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

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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

(as amended by Federal Law No. 122-FZ of 22.08.2004)

The decision of the institution of medical and social expertise is binding on the relevant state authorities, local governments, as well as organizations, regardless of organizational and legal forms and forms of ownership.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

Chapter III. REHABILITATION FOR THE DISABLED

Article 9. The concept of rehabilitation of disabled people

Rehabilitation of disabled people - a system and process of full or partial restoration of the abilities of disabled people for household, social and professional activities. Rehabilitation of disabled people is aimed at eliminating or, if possible, more fully compensating for limitations in life activity caused by a health disorder with a persistent disorder of body functions, in order to socially adapt disabled people, achieve their financial independence and integrate them into society.

The main areas of rehabilitation of the disabled include:

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

vocational guidance, training and education, employment assistance, industrial adaptation;

socio-environmental, socio-pedagogical, socio-psychological and socio-cultural rehabilitation, social adaptation;

physical culture and recreation activities, sports.

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

(as amended by Federal Law No. 122-FZ of 22.08.2004)

Article 10

(as amended by Federal Law No. 122-FZ of 22.08.2004)

The state guarantees the disabled to carry out rehabilitation measures, receive technical means and services provided for by the federal list of rehabilitation measures, technical means of rehabilitation and services provided to the disabled at the expense of the federal budget.

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

Article 11. Individual rehabilitation program for a disabled person

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

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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

(as amended by Federal Laws No. 132-FZ of October 23, 2003, No. 122-FZ of August 22, 2004)

If the technical means of rehabilitation or service provided for by the individual rehabilitation program cannot be provided to the disabled person, or if the disabled person has purchased the appropriate means or paid for the service at his own expense, then he shall be paid compensation in the amount of the cost of the technical means of rehabilitation, the services that must be provided to the disabled person.

(as amended by Federal Laws No. 132-FZ of October 23, 2003, No. 122-FZ of August 22, 2004)

Article 11.1. Technical means of rehabilitation of the disabled

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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

The technical means of rehabilitation of the disabled include devices containing technical solutions, including special ones, used to compensate or eliminate persistent restrictions on the life of a disabled person.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

The technical means of rehabilitation of the disabled are:

(as amended by Federal Law No. 122-FZ of 22.08.2004)

paragraph is invalid. - Federal Law of August 22, 2004 N 122-FZ;

special means for self-service;

special care products;

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

special facilities for teaching, education (including literature for the blind) and employment;

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

special fitness and sports equipment, sports equipment.

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

(as amended by Federal Law No. 122-FZ of 22.08.2004)

Medical indications and contraindications are established on the basis of an assessment of persistent disorders of body functions due to diseases, consequences of injuries and defects.

According to medical indications, it is necessary to provide a disabled person with technical means of rehabilitation that provide compensation or elimination of persistent restrictions on the life of a disabled person.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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

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

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

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

(as amended by Federal Law No. 122-FZ of 22.08.2004)

Additional funds for financing the expenses for the technical means of rehabilitation of the disabled provided for by this article may be obtained from other sources not prohibited by law.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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

(Part fourteen as amended by Federal Law No. 122-FZ of 22.08.2004)

The list of indications for providing disabled persons with technical means of rehabilitation and the procedure for providing disabled persons with technical means of rehabilitation are determined by the federal executive body authorized by the Government of the Russian Federation.

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

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

(part sixteen as amended by Federal Law No. 122-FZ of 22.08.2004)

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

Chapter IV. LIFE SUPPORT FOR THE DISABLED

Article 13. Medical assistance to the disabled

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

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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

Article 14

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

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

Authorized bodies provide assistance to disabled people in obtaining sign language translation services, providing sign language equipment, and providing tiflo means.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

Article 15

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

(part one as amended by the Federal Law of 08.08.2001 N 123-FZ)

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

(Part three as amended by Federal Law No. 123-FZ of 08.08.2001)

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

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

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

Article 16

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

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

Funds received from the collection of administrative fines for evading the requirements to create conditions for disabled people for unhindered access to the specified facilities and funds are credited to the federal budget.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

Article 17

(As amended by Federal Law No. 199-FZ of December 29, 2004)

Living quarters are provided to the disabled, families with disabled children, taking into account the state of health and other circumstances worthy of attention.

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

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

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

Disabled children living in stationary social service institutions, who are orphans or left without parental care, upon reaching the age of 18, are subject to provision with living quarters out of turn, if the individual rehabilitation program for a disabled person provides for the possibility of self-service and leading an independent lifestyle.

The dwelling in the houses of the state or municipal housing stock, occupied by a disabled person under a social contract of employment, when the disabled person is placed in a stationary social service institution, is retained by him for six months.

Specially equipped living quarters in the houses of the state or municipal housing stock, occupied by disabled people under a social contract of employment, upon their release, are populated first of all by other disabled people who need to improve their living conditions.

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

Article 18. Upbringing and education of children with disabilities

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

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

Disabled children of preschool age are provided with the necessary rehabilitation measures and conditions are created for staying in general preschool institutions. For disabled children whose state of health excludes the possibility of their stay in preschool institutions of a general type, special preschool institutions are being created.

If it is impossible to carry out the upbringing and education of disabled children in general or special preschool and general educational institutions, education authorities and educational institutions provide, with the consent of their parents, the education of disabled children in a complete general educational or individual program at home.

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

(part five as amended by Federal Law No. 122-FZ of 22.08.2004)

The upbringing and education of disabled children in preschool and general education institutions is an expense obligation of a constituent entity of the Russian Federation.

(part six as amended by Federal Law No. 122-FZ of 22.08.2004)

Article 19. Education of disabled people

The state guarantees the necessary conditions for disabled people to receive education and vocational training.

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

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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

(as amended by Federal Law No. 309-FZ of December 1, 2007)

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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

(part eight as amended by Federal Law No. 122-FZ of 22.08.2004)

Article 20

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

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

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

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

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

6) creating conditions for entrepreneurial activity of disabled people;

7) organizing training for disabled people in new professions.

Article 21

(as amended by Federal Law No. 188-FZ of December 29, 2001)

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

(part one as amended by Federal Law No. 122-FZ of 22.08.2004)

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

Article 22

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

Article 23. Working conditions of disabled people

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

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

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

(As amended by Federal Law No. 74-FZ of June 9, 2001)

Article 24

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

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

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

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

1) create or allocate jobs for the employment of persons with disabilities;

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

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

3. Has expired. - Federal Law of December 30, 2001 N 196-FZ.

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

Article 27

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

Article 28

ConsultantPlus: note.

On the issue of social services for the elderly and the disabled, see Federal Law No. 122-FZ of August 2, 1995.

Social services for the disabled are carried out in the manner and on the grounds determined by the state authorities of the constituent entities of the Russian Federation with the participation of public associations of the disabled.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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

(as amended by Federal Law No. 122-FZ of 22.08.2004)

ConsultantPlus: note.

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

Part four is excluded. - Federal Law of October 23, 2003 N 132-FZ.

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

Disabled people are provided with household appliances, typhlo-, deaf- and other means necessary for their social adaptation.

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

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

(as amended by Federal Laws No. 132-FZ of October 23, 2003, No. 122-FZ of August 22, 2004)

The procedure for the provision of services for the maintenance and repair of technical means of rehabilitation of the disabled is determined by the federal executive body authorized by the Government of the Russian Federation.

(Part eight was introduced by Federal Law No. 132-FZ of October 23, 2003, as amended by Federal Law No. 122-FZ of August 22, 2004, and No. 160-FZ of July 23, 2008)

Paragraph 7 of Article 154 of Federal Law No. 122-FZ of August 22, 2004 establishes that until the relevant federal law comes into force, the amount of the monthly cash payment is not taken into account when calculating the total income of a family (a citizen living alone) to assess their need when determining the right to receiving subsidies for housing and utility bills.

Article 28.1. Monthly allowance for people with disabilities

(Introduced by Federal Law No. 122-FZ of August 22, 2004 (as amended on December 29, 2004))

1. Disabled persons and children with disabilities are entitled to a monthly cash payment in the amount and in the manner established by this article.

ConsultantPlus: note.

On the procedure for establishing the amount of monthly cash payments to citizens who were recognized as disabled in the prescribed manner before January 1, 2010, see Part 4 of Article 37 of the Federal Law of July 24, 2009 N 213-FZ.

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

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

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

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

(Part two as amended by Federal Law No. 213-FZ of July 24, 2009)

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

4. The amount of the monthly cash payment is subject to indexation once a year from April 1 of the current year based on the forecast level of inflation established by the federal law on the federal budget for the corresponding financial year and for the planning period.

(as amended by Federal Law No. 213-FZ of July 24, 2009)

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

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

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

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

(introduced by Federal Law No. 199-FZ of December 29, 2004)

The Russian Federation transfers to the state authorities of the constituent entities of the Russian Federation the authority to provide measures of social support for persons with disabilities to pay for housing and utilities and to provide housing for persons with disabilities and families with children with disabilities who need to improve their living conditions, registered before January 1, 2005 .

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

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

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

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

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

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

The form of providing these measures of social support is determined by the regulatory legal acts of the subject of the Russian Federation.

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

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

In the event that the funds are used for other than their intended purpose, the authorized federal executive body shall have the right to collect the said funds in the manner established by the legislation of the Russian Federation.

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

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

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

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

Article 31

(as amended by Federal Law No. 122-FZ of 22.08.2004)

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

In cases where other legal acts for disabled persons provide for norms that increase the level of social protection of disabled people in comparison with this Federal Law, the provisions of these legal acts shall apply. If a disabled person is entitled to the same measure of social protection under this Federal Law and at the same time under another legal act, the measure of social protection is provided either under this Federal Law or under another legal act (regardless of the basis for establishing the measure of social protection).

(as amended by Federal Law No. 122-FZ of 22.08.2004)

Article 32. Responsibility for violation of the rights of disabled people. Dispute resolution

Citizens and officials guilty of violating the rights and freedoms of persons with disabilities are liable in accordance with the legislation of the Russian Federation.

Chapter V. PUBLIC ASSOCIATIONS OF THE DISABLED

Article 33

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

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

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

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

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

Chapter VI. FINAL PROVISIONS

Article 35. Entry into force of this Federal Law

This Federal Law shall enter into force on the day of its official publication, with the exception of articles for which other effective dates have been established.

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

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

Article 36. Validity of laws and other normative legal acts

The President of the Russian Federation and the Government of the Russian Federation shall bring their regulatory legal acts in line with this Federal Law.

Until laws and other regulatory legal acts in force on the territory of the Russian Federation are brought into line with this Federal Law, laws and other regulatory legal acts shall apply to the extent that they do not contradict this Federal Law.

The president

Russian Federation

B. YELTSIN

Moscow Kremlin

November 24, 1995

N 181-FZ

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

Who is protected by the law?

Federal Law 181 “On the Social Protection of the Disabled in the Russian Federation” defines a disabled person as a person who has suffered a disease or injury that has led to disability. These same restrictions and determine the need for social protection.

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

List of material benefits for 2016

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

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

These cash payments are intended to replace benefits - they are added to the total amount of the pension. Simply put, now they will not provide medicines - they will have to buy them on their own with the money that the state transfers as a surcharge.

The amount of the pension also depends on the group. Representatives of the first group receive almost twice as much as the rest - 9538 rubles (for the second and third, respectively, 4769 rubles and 4053 rubles). The pension increases if the recipient has dependents.

What about employment?

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

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

What is habilitation?

One of the latest innovations in the law on the social protection of the disabled was the appearance of the word "habilitation" there. The term "habilitation" was introduced into the legislation when amending the Federal Law of November 21, 2014. You should try hard to understand the difference between rehabilitation and habilitation: the law on disabled people FZ 181 clarifies that rehabilitation is the restoration of lost abilities for everyday and professional activities, and habilitation is the formation of abilities that were not there before. It is believed that habilitation is relevant for children with health problems. That is, the law determines that a disabled child must be brought up in such a way as not to realize his inferiority.

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