International Disability Law. Legislation in the field of social protection of disabled people in the Russian Federation

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

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

Chapter I. General provisions

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

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

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

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

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

Article 2. The concept of social protection of disabled people

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

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

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

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

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

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

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

1) determination of state policy regarding people with disabilities;

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

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

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

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

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

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

8) implementation of accreditation of enterprises, institutions and organizations that are federally owned and carry 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, monitoring their implementation;

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

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

12)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

10) assistance to public associations of disabled people.

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

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

Chapter II. Medical and social examination

Article 7. The concept of medical and social examination

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

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

Article 8. Federal institutions of medical and social examination

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

Federal medical and social examination institutions are responsible for:

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

2) development of individual rehabilitation programs for disabled people;

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

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

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

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

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

Chapter III. Rehabilitation of disabled people

Article 9. Concept of rehabilitation of disabled people

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

The main areas of rehabilitation of disabled people include:

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

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

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

physical education and health activities, sports.

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

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

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

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

Article 11. Individual rehabilitation program for a disabled person

An individual rehabilitation program for a disabled person is a complex of optimal rehabilitation measures for a disabled person, developed on the basis of a decision of the authorized body that manages federal institutions, a medical and social examination, which includes certain types, forms, volumes, terms and procedures for the implementation of medical, professional and other rehabilitation measures, aimed at restoring, compensating for impaired or lost body functions, restoring, compensating for the abilities of a disabled person to perform certain types of activities.

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

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

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

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

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

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

Article 11.1. Technical means for rehabilitation of disabled people

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

Technical means of rehabilitation of disabled people are:

special means for self-service;

special care products;

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

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

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

special training and sports equipment, sports equipment.

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

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

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

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.

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

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

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.

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

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

Article 12. State service for rehabilitation of disabled people

Chapter IV. Providing life support for people with disabilities

Article 13. Medical assistance to disabled people

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 17. Providing disabled people with living space

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 18. Education and training of disabled children

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

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

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

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

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

Article 19. Education of disabled people

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

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

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

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

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

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

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

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

Article 20. Ensuring employment of disabled people

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

1) The clause became invalid on January 1, 2005 in accordance with Federal Law No. 122-FZ of August 22, 2004;

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

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

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

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

6) creating conditions for entrepreneurial activity of disabled people;

7) organizing training for disabled people in new professions.

Article 21. Establishing a quota for hiring disabled people

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

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

Article 22. Special workplaces for employing disabled people

Special workplaces for employing disabled people are workplaces that require additional measures to organize work, including adaptation of main and auxiliary equipment, technical and organizational equipment, additional equipment and provision of technical devices, taking into account the individual capabilities of disabled people.

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

Article 23. Working conditions for disabled people

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

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

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

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

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

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

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

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

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

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

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

Article 25. Procedure and conditions for recognizing a disabled person as unemployed

The article became invalid on January 1, 2005. in accordance with Federal Law of August 22, 2004 No. 122-FZ.

Article 26. State incentives for the participation of enterprises and organizations in ensuring the livelihoods of people with disabilities

Article 27. Material support for disabled people

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

Article 28. Social services for disabled people

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

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

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

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

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

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

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

Article 28.1. Monthly cash payment for disabled people

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

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

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

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

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

4) disabled people who do not have a degree of limitation in their ability to work, with the exception of disabled children - 772 rubles.

3. If a citizen simultaneously has the right to a monthly cash payment under this Federal Law and under another federal law or other regulatory legal act, regardless of the basis on which it is established (except for cases where a monthly cash payment is established in accordance with the Law of the Russian Federation "On Social protection of citizens exposed to radiation as a result of the Chernobyl nuclear power plant disaster" (as amended by the Law of the Russian Federation of June 18, 1992 No. 3061-1), Federal Law of January 10, 2002 No. 2-FZ "On social guarantees for citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site"), he is provided with one monthly cash payment either under this Federal Law, or under another federal law or other regulatory legal act of the citizen’s choice.

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

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

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

7. Part of the monthly cash payment may be used to finance the provision of social services to a disabled person in accordance with Federal Law No. 178-FZ of July 17, 1999 “On State Social Assistance.”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 29. Sanatorium-resort treatment of disabled people

The article became invalid on January 1, 2005 in accordance with Federal Law of August 22, 2004 No. 122-FZ.

Article 30. Transport services for disabled people

The article became invalid on January 1, 2005. in accordance with Federal Law of August 22, 2004 No. 122-FZ.

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

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

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

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

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

Chapter V. Public associations of disabled people

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

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

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

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

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

Article 34. Benefits provided to public associations of disabled people

The article became invalid on January 1, 2005 in accordance with Federal Law of August 22, 2004 No. 122-FZ.

Chapter VI. Final provisions

Article 35. Entry into force of this Federal Law

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

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

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

Article 36. Effect of laws and other normative legal acts

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

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

President of Russian Federation	B. Yeltsin

Moscow Kremlin

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Decision of October 1, 2019 in case No. A51-12181/2019

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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 disabled people in the Russian Federation" (hereinafter referred to as the Law on Social Protection of Disabled People), paragraphs 3 - 5 of the Rules...

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

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

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

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

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

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

Are these services free?

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

Who will accompany people with disabilities?

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

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

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

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

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

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

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

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

Should there be ramps installed everywhere?

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

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

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

Changes in the procedure for providing housing benefits to disabled people

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

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

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

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

Benefits for major repairs

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

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

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

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

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

A disabled person is a citizen who, for certain reasons, is completely or partially unable to work. There are often cases when people with disabilities are not hired or are discriminated against. To protect such citizens, the state adopted Federal Law 181 “On Social Protection of Persons with Disabilities.” After reading the current article, you will learn the provisions of the presented legal act.

The rights of people with disabilities are also outlined in the law on social services for elderly citizens and people with disabilities. You can find out its main provisions

Federal Law 181 “On Social Protection of Persons with Disabilities” was adopted in 1995. Since its adoption, numerous changes have been made, and some articles have been deleted.

The fundamental provisions of Federal Law-181 are currently:

A legal concept is provided for the word “disabled”;
The degrees of disability are indicated and listed - groups I, II and III. Children are not assigned a group;
The concept of social protection of disabled people is defined. The regulatory institution is obliged to improve the act, and the executive institution is obliged to implement its decisions;
A definition of medical and social testing is introduced, which determines the degree of disability. It also establishes the fact that the citizen needs social assistance;
Federal Law 181 states that discrimination on the basis of disability is unacceptable;
The law establishes the need to register a government register of persons with disabilities;
Measures to support people with disabilities are indicated. These include: cash payments; provision of necessary goods and certain services (medicines, food, recreation in a sanatorium). They also have the opportunity to receive free housing;
The labor rights of disabled people are defined. A citizen of this social group must work no more than 35 hours a week. At the same time, he is paid full salary;
Federal Law-181 introduces definitions of habilitation and rehabilitation of a citizen of a given social group;
Other regulations.

On a note! In the Russian Federation there is an important law with the same number dedicated to the issue of labor protection. More about the Federal Law on the basics of labor protection in the Russian Federation

Rights of people with disabilities

People with disabilities are the most vulnerable group of the population. For this reason, the state provides protection to the represented category.

As an example, let’s present a list of rights of disabled people of group 3 according to the law:

Receive a disability pension. Today, its size is within 7 thousand rubles, while the minimum amount is from 3,625 thousand rubles, and it is calculated taking into account the length of service;
Additional payment to pension taking into account family composition - 1919 rubles;
Reduced payment for housing and communal services - up to 50 percent;
Queuing for improvement of housing conditions;
Purchase of land for construction on preferential terms with a 50% discount;
Travel with a 50% discount on 1 trip on railway transport;
According to Federal Law-181, it is possible to purchase drugs and medicines at a discount;
Purchasing vouchers to sanatoriums with a 50% discount.

Thus, group 3 disability provides discounts on a number of housing and communal services, treatment, medicines, and travel.

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To control and regulate the rights of citizens with disabilities, the Law “On Social Protection of Persons with Disabilities” was created.

Legal acts of the Russian Federation regularly undergo changes; to obtain up-to-date information, you can use Federal Law-181 as amended.

Recent changes to the Federal Law “On Disabled Persons”

The latest edition of Federal Law 181 “On Social Protection of Persons with Disabilities” did not make significant changes. According to the amendments, citizens with disabilities have the opportunity to have priority repairs of the technical equipment they need (prostheses, wheelchairs).

Article 11

In Art. 11 of Federal Law 181 provides information about an individual rehabilitation or habilitation program for a citizen with disabilities. Information is provided on rehabilitation procedures for citizens with disabilities. About their types, volumes and timing.

The current article of the law has not undergone any changes.

Article 15

In Art. 15 Federal Law-181 indicates the need to ensure unimpeded access for a person with a degree of disability to social, engineering and transport infrastructure facilities. This article has not changed in the latest version of the law.

Article 17

In Art. 17 FZ-181 describes the process of providing a disabled person with housing. The legal provision states that such citizens and families with children with disabilities who need improved housing conditions have the right to register. As a result, they will be provided with the necessary living quarters, which comply with Russian legislation.

In the latest version of Law 17, Article 17 was not changed.

Article 23

In Art. 23 of Federal Law 181 describes the required working conditions for persons with a certain degree of disability. It states that any organization that employs a person with disabilities must create the necessary conditions for him. It is also noted that the working hours for disabled people of the first and second groups should not exceed 35 hours per week. In this case, the salary remains in full.

Article 23 of Federal Law-181 has not changed in the latest edition of the law.

Article 28

Article 28 of the Federal Law describes the process of social services for people with disabilities. It states that citizens with disabilities who need care and assistance are provided with medical and household assistance at home or in special organizations.

When last edited, the current article of the law was not changed.

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

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

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

Judicial practice under Article 23 of the Federal Law of November 24, 1995 No. 181-FZ

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Decision of July 15, 2019 in case No. A32-15470/2019

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

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Decision No. 2-2449/2019 2-2449/2019~M-1828/2019 M-1828/2019 dated June 25, 2019 in case No. 2-2449/2019

Stary Oskol City Court (Belgorod Region) - Civil and administrative

Paid leave of more than 28 calendar days (extended main leave) is provided to employees in accordance with the Labor Code of the Russian Federation and other federal laws. According to Part 5 of Art. 23 of the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation,” disabled people are granted annual leave of at least 30 calendar days. The employee confirms his disability...

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Factory District Court of Oryol (Oryol Region) - Civil and administrative

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Decision No. 2-4736/2019 2-4736/2019~M-3492/2019 M-3492/2019 dated June 19, 2019 in case No. 2-4736/2019

Blagoveshchensk City Court (Amur Region) - Civil and administrative

Sheets and, accordingly, could find out how wages are calculated. In addition, the plaintiff’s incapacity for work, which occurred during the period from April 10, 2018 to 23. 04.2018 and from 07.17.2018 to 08.28.2018 for a total of 53 days also cannot serve as a valid reason for missing the deadline, ...

Decision No. 2-1064/2019 2-1064/2019~M-831/2019 M-831/2019 dated June 4, 2019 in case No. 2-1064/2019

Sovetsky District Court of Oryol (Oryol Region) - Civil and administrative

If they have been discriminated against in the world of work, they have the right to apply to the court for restoration of violated rights, compensation for material damage and compensation for moral damage. Article 23 of the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation” stipulates that disabled people employed in organizations, regardless of organizational and legal forms...

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