On the procedure and conditions for recognizing a person as disabled. Legislative framework of the Russian Federation II
On approval of the Regulations on the Department of City Property of the City of Moscow
1. Approve the Regulations on the Department of City Property of the City of Moscow in accordance with Appendix 1 to this resolution.
2. Recognize invalid legal acts (certain provisions of legal acts) of the city of Moscow in accordance with Appendix 2 to this resolution.
3. Control over the implementation of this Resolution shall be entrusted to the Deputy Mayor of Moscow in charge of property and land relations Sergunina N.A., Minister of the Moscow Government, Head of the Department of City Property of the City of Moscow Efimov V.V.
Mayor of Moscow
S.S. Sobyanin
Attachment 1
to the decision of the Government
POSITION
ABOUT THE DEPARTMENT OF CITY PROPERTY OF THE CITY OF MOSCOW
I. General provisions
1. The Department of City Property of the City of Moscow (hereinafter referred to as the Department) is a functional executive body that performs the functions of developing and implementing state policy in the field of management and disposal of land plots owned by the City of Moscow and land plots located on the territory of the City of Moscow, state the property for which is not delimited, the use, protection and accounting of land in the territory of the city of Moscow; on the development and implementation of state policy in the field of property interests of the city of Moscow, intersectoral coordination of property management in the city of Moscow, the exercise of the powers of the owner in the field of management and disposal of movable and immovable property of the city of Moscow, including objects of immovable property that are objects of cultural heritage (monuments of history and culture), with the exception of housing facilities, the gratuitous transfer of objects of property of the city of Moscow to federal property, the property of other constituent entities of the Russian Federation and municipal property, and the gratuitous transfer of objects of federal property, the property of other constituent entities of the Russian Federation, municipal property to the ownership of the city of Moscow (with the exception of objects housing stock); management of state unitary, including state-owned, enterprises of the city of Moscow and state institutions of the city of Moscow, as well as business companies with a share of the city of Moscow in the authorized capital; privatization of property and property complexes (enterprises) of the city of Moscow; protecting the interests of the city of Moscow in insolvency (bankruptcy) cases; for the provision of public services and for the management of state property in the established field of activity (hereinafter referred to as the established field of activity).
2. The Department operates in accordance with the Constitution of the Russian Federation, international treaties of the Russian Federation, federal constitutional laws, federal laws, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, the Charter of the city of Moscow and the laws of the city of Moscow, other legal acts of the city Moscow, these Regulations.
3. The Department carries out its activities directly or through its territorial subdivisions in cooperation with federal state authorities, state authorities, state authorities of the constituent entities of the Russian Federation, local governments, public associations of citizens and other organizations.
II. Powers of the Department
4. The Department develops and submits, in accordance with the established procedure, for consideration by the Mayor of Moscow and the Government of Moscow, draft legal acts of the Mayor of Moscow and the Government of Moscow on issues related to the established field of activity, including:
4.1. On the establishment of a list of cases when the provision of land plots in the state ownership of the city of Moscow and land plots located on the territory of the city of Moscow, the state ownership of which is not delimited, is carried out exclusively at auction.
4.2. On the acquisition, on the grounds provided for by the civil legislation of the Russian Federation, of land plots in the ownership of the city of Moscow.
4.3. On the transfer of land plots owned by the city of Moscow to the ownership of the Russian Federation and the acceptance of land plots from the ownership of the Russian Federation and other owners into the ownership of the city of Moscow.
4.4. On the procedure for determining the price of land plots owned by the city of Moscow, and land plots located on the territory of the city of Moscow, state ownership of which is not delimited, when selling such land plots to the owners of buildings, structures, structures located on them.
4.5. On the procedure for establishing and lifting a ban on the construction, reconstruction of buildings, structures, structures located on land plots owned by the city of Moscow, and land plots located on the territory of the city of Moscow, state ownership of which is not delimited, when selling such land plots.
4.6. On the procedure for determining the amount of rent, the procedure, conditions and terms for paying rent for land plots owned by the city of Moscow, and for land plots located on the territory of the city of Moscow, state ownership of which is not delimited.
4.7. On the procedure for conducting land management.
4.8. On the approval of the average level of the cadastral value of land plots in the city of Moscow.
4.9. About carrying out the state cadastral assessment of the lands of the city of Moscow.
4.10. On the establishment of public easements in the interests of the city of Moscow.
4.11. On the withdrawal of land plots for state needs.
4.12. On the seizure of land plots from the owners of land plots, on the termination of the rights to land plots of persons who are not owners of land plots due to their non-use for their intended purpose or due to improper use of land plots.
4.13. On address lists of land plots planned for sale at auction for construction purposes, as well as land plots, the rights to which are planned for sale at auction for construction purposes, integrated development for housing and other construction purposes.
4.14. On the provision for the purposes of operation of capital construction facilities and other purposes not related to construction, land plots located within the boundaries of a specially protected natural area, public areas.
4.15. On the gratuitous transfer of objects of property of the city of Moscow (with the exception of residential premises (residential buildings) to federal property, the property of other constituent entities of the Russian Federation and municipal property).
4.16. On approval of the forecast plan for the privatization of the property of the city of Moscow, which is state-owned by the city of Moscow, for the next financial year and the medium term.
4.17. On the approval of reports, the preparation of which is entrusted to the Department by laws, other legal acts of the city of Moscow.
4.18. On approval of the program for the acquisition of property in the state ownership of the city of Moscow for the next financial year and the medium term in the established field of activity.
4.19. On the establishment of business companies with the participation of the city of Moscow and the introduction of state property of the city of Moscow into authorized capital, as well as on the acquisition of blocks of shares (stakes in authorized capital) of business companies into the state property of the city of Moscow.
4.20. On the approval of programs, the development of which is entrusted to the Department by laws, other legal acts of the city of Moscow.
4.21. On the establishment of the procedure for the formation of a plan for the transfer to religious organizations of religious property held by state unitary enterprises of the city of Moscow, state institutions of the city of Moscow on the right of economic management, operational management and / or gratuitous use.
4.22. On determining the procedure for calculating rental rates for the use of non-residential facilities.
4.23. On the construction (reconstruction) of objects by concluding concession agreements.
4.24. On other issues in the established field of activity in accordance with federal laws, other regulatory legal acts of the Russian Federation, laws of the city of Moscow, other legal acts of the city of Moscow.
5. In accordance with federal laws, other regulatory legal acts of the Russian Federation, laws of the city of Moscow, other legal acts of the city of Moscow, the Department adopts (changes, cancels) legal acts, decisions:
5.1. On granting in accordance with the established procedure the ownership, lease, gratuitous fixed-term use, permanent (unlimited) use of land plots owned by the city of Moscow, and land plots located on the territory of the city of Moscow, state ownership of which is not delimited, to the right holders located on such land plots of buildings, structures, structures for the purpose of operating capital construction facilities, on establishing the right to limited use of these land plots.
5.2. On the provision of land plots owned by the city of Moscow and land plots located on the territory of the city of Moscow, state ownership of which is not delimited, for the design and construction (reconstruction) of capital construction facilities, as well as on the provision of these land plots to owners of construction in progress , on amendments to existing lease agreements for land plots, agreements for the gratuitous fixed-term use of land plots, if such changes provide for the design and construction (reconstruction) of capital construction facilities on a land plot, based on decisions of the City Planning and Land Commission of the city of Moscow.
5.3. On amendments to land lease contracts, contracts for the gratuitous fixed-term use of land plots (with the exception of changes related to the construction (reconstruction) of capital construction facilities) on issues of changing their validity period, as well as on clarifying (changing) the permitted use, area and land boundaries and other issues.
5.4. On the provision of land plots owned by the city of Moscow and land plots located on the territory of the city of Moscow, state ownership of which is not delimited, into ownership free of charge in the manner and cases established by federal laws, other regulatory legal acts of the Russian Federation, laws of the city of Moscow , other legal acts of the city of Moscow.
5.5. On approval of the layout of a land plot owned by the city of Moscow, or a land plot owned by the federal government, or a land plot, state ownership of which is not delimited, on the cadastral plan or cadastral map of the corresponding territory.
5.6. On the formation of land plots from land plots owned by the city of Moscow and land plots located on the territory of the city of Moscow, state ownership of which is not delimited.
5.7. On establishing the type of permitted use of a land plot or on changing one type of permitted use of a land plot to another type of such use before the approval of the rules for land use and development of the city of Moscow, and in the event that the City Planning and Land Commission of the city of Moscow decides to provide a land plot for design, construction ( reconstruction) of capital construction facilities or on changing the purpose of granting a land plot, if such changes provide for the design, construction (reconstruction) of capital construction facilities, on the basis of such a decision.
5.8. On approval of land surveying projects in case they are prepared in the form of a separate document.
5.9. On preliminary approval of the location of the object.
5.10. On approval and (or) change of address landmarks (addresses) of land plots.
5.11. On the issuance (refusal to issue) a qualification certificate of cadastral engineers.
5.12. On the formation of a qualification commission for attestation for compliance with the qualification requirements for cadastral engineers.
5.13. On the issuance of title documents for land plots within its competence.
5.14. On the coordination of transactions with the rights to lease land plots owned by the city of Moscow, as well as land plots located on the territory of the city of Moscow, state ownership of which is not delimited.
5.15. On the termination of the right of permanent (unlimited) use and lifetime inheritable possession of land plots in connection with the waiver of the right.
5.17. On the establishment and removal of a ban on the construction, reconstruction of buildings, structures, structures on a land plot.
5.18. On the provision in accordance with the established procedure for rent, gratuitous fixed-term use, permanent (unlimited) use of land plots owned by the city of Moscow, and land plots located on the territory of the city of Moscow, state ownership of which is not delimited, for the placement of objects that are not objects capital construction, and for purposes not related to construction.
5.19. On the management of objects of the property treasury of the city of Moscow and their involvement in economic turnover.
5.20. On the transfer into possession and (or) use of objects of the property treasury of the city of Moscow (movable and immovable property, engineering and communal facilities), as well as on the conclusion of agreements on trust management, custody, pledge.
5.21. On holding tenders to determine the rental rate for non-residential facilities.
5.22. On the registration of the assignment of objects of the property treasury of the city of Moscow to economic management and operational management, the registration of the termination of the right of economic management to property, fixed on the right of economic management, and the seizure of property, fixed on the right of operational management.
5.23. On acceptance into the state ownership of the city of Moscow and registration of the transfer of engineering and communal facilities, engineering equipment, electrical and other networks, including to specialized organizations of the city of Moscow.
5.24. On the liquidation, privatization of state unitary enterprises of the city of Moscow, the appointment of liquidation commissions of state unitary enterprises of the city of Moscow, as well as on the approval of applications (proposals) for the creation, reorganization and liquidation of state unitary enterprises of the city of Moscow.
5.25. On the approval of the charters of state unitary enterprises of the city of Moscow on the proposal of the executive bodies, in whose departmental subordination are the state unitary enterprises of the city of Moscow.
5.26. On the appointment to the post of heads of state unitary enterprises of the city of Moscow, the conclusion and termination of employment contracts with the heads of state unitary enterprises of the city of Moscow, which are under departmental subordination of executive bodies.
5.27. On the approval of transactions for the disposal of real estate by state unitary enterprises of the city of Moscow, including leasing, gratuitous use, the conclusion of other agreements providing for the transfer of ownership and (or) use rights in relation to the said property, as well as contributions (shares) in the authorized (stock) capitals of economic companies or partnerships and their shares.
5.28. On the coordination of the implementation of borrowings by state unitary enterprises of the city of Moscow; registration of borrowings, provision of guarantees, receipt of bank guarantees, transactions with other encumbrances, assignment of the right to claim and transfer of debt of state unitary enterprises of the city of Moscow.
5.29. On the approval of major transactions concluded by state unitary enterprises of the city of Moscow, as well as transactions in which the head of the enterprise is interested.
5.30. On the approval of transactions for the state institutions of the city of Moscow on the disposal of immovable and especially valuable movable property assigned to institutions on the basis of the right of operational management, including leasing, gratuitous use, the conclusion of other agreements providing for the transfer of ownership and (or) use rights in relation to the said property.
5.31. On the coordination of the participation of state unitary enterprises of the city of Moscow in commercial and non-profit organizations, the creation of their branches and representative offices.
5.32. On the approval of the write-off of immovable and especially valuable movable property, assigned on the right of economic management and operational management to state unitary enterprises of the city of Moscow and state institutions of the city of Moscow.
5.33. On the coordination of transfer acts or separation balance sheets in the course of the reorganization of state institutions of the city of Moscow and liquidation balance sheets in the event of liquidation of state institutions of the city of Moscow.
5.34. On the conclusion of agreements for the acquisition of blocks of shares (stakes in authorized capital) of economic companies in the state ownership of the city of Moscow.
5.35. On organizing an independent appraisal of the value of property owned by the city of Moscow and property owned by third parties, in order to make a decision on concluding transactions with this property with the participation of the city of Moscow and to examine reports on the appraisal of property value; on confirmation of additional expenses of investors for the withdrawal of tenants and owners of non-residential buildings and premises based on reports of independent appraisers.
5.36. On the provision of subsidies at the expense of the budget of the city of Moscow to legal entities in cases established by legal acts of the city of Moscow.
5.37. On the disposal of cultural heritage objects that are state-owned by the city of Moscow, as well as on the transfer to religious organizations of property for religious purposes, which is state-owned by the city of Moscow, for free use by religious organizations.
5.38. On conducting, in accordance with the established procedure, inspections of the activities of business entities with a share of the city of Moscow, including independent audits, and participation in them within the competence of the Department.
5.39. On conducting, in accordance with the established procedure and within its competence, inspections of the use and safety of property owned by the city of Moscow, including inspections of the use of property under lease agreements, gratuitous use, safekeeping, trust management and other issues related to the established field of activity Department, in cases stipulated by federal laws, other regulatory legal acts of the Russian Federation, laws of the city of Moscow, other legal acts of the city of Moscow.
5.40. On conducting inspections of property subject to receipt (transfer) into the state ownership of the city of Moscow.
5.41. On submitting for consideration by the management bodies of business companies with a share of the city of Moscow issues on the termination of the powers of the sole executive body, the appointment of a new sole executive body, as well as on the transfer of the powers of the sole executive body to the managing organization based on the results of an analysis of the financial and economic condition of business companies with a share of the city of Moscow.
5.42. On the preparation of opinions on feasibility studies for the participation of the city of Moscow in projects for the creation of joint-stock companies, the participation of the city of Moscow in the authorized capital of joint-stock companies, as well as investment projects of organizations with the participation of the city of Moscow; on the organization of their examination with the involvement of specialized organizations in the prescribed manner.
5.43. On taking the necessary measures to comply with the law of the city of Moscow on the budget for the corresponding financial year in terms of the receipt of non-tax revenues from the use of state property of the city of Moscow and the organization of control over the receipt of non-tax revenues to the budget, the administration of which is carried out by the Department, including the work to return debts to the city budget Moscow in terms of the competence of the Department.
5.44. On taking the necessary measures in accordance with federal laws, other regulatory legal acts of the Russian Federation, the laws of the city of Moscow, other legal acts of the city of Moscow, concluded agreements in cases of violation of restrictions on property transferred to the ownership of legal entities or individuals with encumbrances.
5.45. On the organization of operation and maintenance of objects of the property treasury of the city of Moscow.
5.46. On the approval of annual plans (programs) for the financial and economic activities of state unitary enterprises of the city of Moscow.
5.47. On the gratuitous transfer to religious organizations of the ownership or gratuitous use of property of religious and other purposes in accordance with Federal Law No. 327-FZ of November 30, 2010 "On the transfer to religious organizations of property of religious purposes, which is in state or municipal ownership."
5.48. On other issues related to the exercise of the powers of the subject of the Russian Federation in the established field of activity and the organization of the Department's activities, in cases established by federal laws, other regulatory legal acts of the Russian Federation, laws of the city of Moscow, other legal acts of the city of Moscow.
III. Rights, organization of activities
and management of the Department
6. The Department has the right:
6.1. Request in the prescribed manner from executive bodies, local governments, organizations and individuals the information necessary for the implementation of functions in the established field of activity.
6.2. Submit, in the prescribed manner, for consideration by the authorized bodies of the state and officials of the bodies of the executive proposal on issues within their competence.
6.3. Create advisory, expert and other working bodies in the established field of activity.
6.4. Involve scientific and other organizations, scientists and specialists in the prescribed manner, as well as organize professional conferences, seminars, exhibitions of the city of Moscow in the field of property management and disposal, participate in international real estate exhibitions.
6.5. Submit proposals in accordance with the established procedure for the formation of thematic plans, applied scientific research and projects in the interests of the city of Moscow.
6.6. Conclude, within its competence, contracts with individuals and legal entities.
6.7. Provide legal entities and individuals with clarifications on issues related to the established field of activity.
6.8. Form, taking into account the position of the executive bodies, and send to the federal executive body exercising the powers of the owner of the property, proposals for the transfer of property from federal ownership to the ownership of the city of Moscow (with the exception of housing facilities).
6.9. Carry out the signing of transfer acts in connection with the gratuitous transfer of objects of property of the city of Moscow (with the exception of housing stock) to federal property, the property of other constituent entities of the Russian Federation and municipal property and the gratuitous transfer of objects that are in federal ownership, the property of other constituent entities of the Russian Federation, municipal property , in the ownership of the city of Moscow (with the exception of residential premises (residential buildings).
6.10. Exercise other rights in accordance with federal laws, other regulatory legal acts of the Russian Federation, laws of the city of Moscow, other legal acts of the city of Moscow.
7. Department:
7.1. Maintains the Register of Unified Real Estate Objects, including the Land Registry as a section of the Register of Unified Real Estate Objects.
7.2. Carries out monitoring and analysis of the implementation of state policy in the established field of activity.
7.3. Represents, in accordance with the established procedure, the interests of the city of Moscow in bankruptcy cases and procedures applied in bankruptcy cases in relation to tenants of land plots that have rent arrears to the budget of the city of Moscow.
7.4. Carries out accounting and storage of title documents for land plots within its competence.
7.5. In cases provided for by federal laws, other regulatory legal acts of the Russian Federation, laws of the city of Moscow, other legal acts of the city of Moscow, submit documents for the implementation of state cadastral registration of land plots, including performing the functions of a state customer for work, as a result of which preparation is provided documents containing information about land plots necessary for the implementation of state cadastral registration.
7.6. Provides state registration of the emergence, termination of the rights of the city of Moscow to land plots, as well as the emergence and termination of restrictions and encumbrances on land plots that are state-owned by the city of Moscow, and land plots located on the territory of the city of Moscow, state ownership of which is not delimited.
7.7. In order to exercise its powers, it maintains a register of state property of the city of Moscow.
7.8. Performs the functions and powers of the founder of state institutions of the city of Moscow, state unitary enterprises of the city of Moscow in accordance with federal laws, other regulatory legal acts of the Russian Federation, laws of the city of Moscow, other legal acts of the city of Moscow, exercises control over the activities of subordinate state institutions of the city of Moscow, including including the fulfillment of the state task by them.
7.9. Performs coordination:
7.9.1. Making major transactions concluded by state institutions of the city of Moscow subordinate to the Department, as well as in which there is an interest of the head of the institution.
7.9.2. Contribution by a state institution of the city of Moscow subordinate to the Department of funds, other property of the institution (with the exception of real estate and especially valuable movable property) to the authorized (reserve) capital of business companies or transfer of such property to them in another way as their founder or participant, the creation of branches and representative offices.
7.9.3. Making transactions for the disposal of especially valuable movable property, concluded by state institutions of the city of Moscow, which are departmentally subordinate to other executive bodies, as well as writing off the said property.
7.10. In accordance with the established procedure, submits proposals on the creation, reorganization, liquidation and change in the type of state unitary enterprises of the city of Moscow.
7.11. In accordance with the established procedure, forms the authorized funds of state unitary enterprises of the city of Moscow.
7.12. Exercises control over compliance with restrictions on property transferred to the ownership of legal entities or individuals with encumbrances.
7.13. Prepares and generates statistical and analytical reports on the implementation of real estate privatization programs.
7.14. Exercises control over the use, management, disposal by appointment and safety of state property constituting the treasury of the city of Moscow, fixed in the economic jurisdiction or in the operational management of state unitary enterprises of the city of Moscow and state institutions of the city of Moscow, as well as transferred in the prescribed manner to other persons, and when detecting violations, takes the necessary measures in accordance with the law to eliminate them and bring the perpetrators to justice.
7.15. Monitors and analyzes:
7.15.1. The financial and economic state of state unitary enterprises of the city of Moscow, business entities in the authorized capital of which there is a share of the city of Moscow.
7.15.2. Plans for financial and economic activities and programs for the development of state unitary enterprises of the city of Moscow, deductions from the net profit of state unitary enterprises of the city of Moscow for the use of property transferred to economic management.
7.15.3. Reinvestment of net profit in the development of state unitary enterprises of the city of Moscow, provided for by the relevant feasibility study and the Plan (program) of financial and economic activities.
7.15.4. Financial investments of funds from the budget of the city of Moscow in the authorized (share) capital of legal entities, shares, bonds, bills and other securities.
7.15.5. Privatization processes within the competence of the Department.
7.15.6. Efficiency of activities of subordinate state institutions of the city of Moscow.
7.15.7. Efficiency of trust management of state property of the city of Moscow, activities of trust managers and management companies.
7.15.8. Other indicators in the established field of activity.
7.16. Provides consideration of applications for the participation of the city of Moscow as a founder or participant in business companies and the preparation of draft legal acts of the city of Moscow on the establishment of business companies or the acquisition of shares (stakes in authorized capital).
7.17. Forms, in accordance with the established procedure, the institution of representatives of the city of Moscow in the management bodies of business companies, shares (stakes in authorized capital) of which are state-owned by the city of Moscow, forms the positions of representatives of the interests of the city of Moscow in the management bodies of business companies with a share of the city of Moscow in the authorized capital according to approved bodies management of companies on business plans, investment programs, regulations on planning, reporting, motivation, credit policy, other internal documents adopted in companies, prepares conclusions on them.
7.18. In accordance with the established procedure, organizes the representation of the interests of the city of Moscow in the management and control bodies of business companies with a share of the city of Moscow in authorized capital, coordinates the activities of representatives of the interests of the city of Moscow, including certified directors on the boards of directors (supervisory boards), including the execution of directives and powers of attorney, and controls their activities.
7.19. Organizes events to improve the skills of representatives of the interests of the city of Moscow, to certify and further attract persons who are not state civil servants to the management and control bodies of business entities with a share of the city of Moscow in the authorized capital.
7.20. Participates in the organization of an independent audit of the financial and economic activities of business entities with a share of the city of Moscow in the authorized capital.
7.21. Organizes the collection, compilation and analysis of the results of the audit of the financial and economic activities of state unitary enterprises of the city of Moscow and state institutions of the city of Moscow, business companies with a share of the city of Moscow, as well as information about their violations of legal requirements in the field of mandatory audit.
7.22. Coordinates draft legal acts prepared by other executive bodies on issues related to the established area of activity of the Department, participates in the development of a draft law of the city of Moscow on the budget for the corresponding financial year (corresponding financial year and planning period) and a draft resolution of the Government of Moscow on the forecast of social economic development for the relevant period.
7.23. Prepares opinions on the implementation of investment projects, including draft legal acts of the Russian Federation and the city of Moscow, concerning programs for the prospective development of real estate in the city of Moscow (new construction, reconstruction, restoration, renovation, comprehensive overhaul, reconstruction), within the established scope of activity .
7.24. Coordinates draft investment documents (investment contracts, additional agreements thereto, protocols for the preliminary distribution of non-residential premises, acts on the results of the implementation (partial implementation) of investment projects, agreements on termination of investment contracts) for the implementation of investment urban development projects, keeps records of relevant documents (documents that have passed approval, and conclusions), and also acts as a grantor under concession agreements.
7.25. Controls the timeliness of execution of documents that are the basis for involving in the economic circulation of real estate transferred to the ownership of the city of Moscow following the results of the implementation of investment projects in the city of Moscow, other constituent entities of the Russian Federation, as well as outside the territory of the Russian Federation.
7.26. Provides an inventory of the state property of the city of Moscow, with the exception of housing stock.
7.27. Accompanies registration of the transfer of ownership in transactions with state property of the city of Moscow and encumbrances.
7.28. It accompanies the state registration of the property right of the city of Moscow for non-residential real estate objects that make up the treasury of the city of Moscow, the shares of the city of Moscow in real estate objects, including new construction objects.
7.29. Documents the disposal from the property treasury and the acceptance of objects into the property treasury of the city of Moscow.
7.30. Carries out the development and implementation of measures for the financial recovery of insolvent organizations, the implementation of preventive measures to prevent deliberate bankruptcies in relation to state unitary enterprises of the city of Moscow and state institutions of the city of Moscow, as well as business entities with the participation of the city of Moscow.
7.31. On behalf of the Government of Moscow, interacts with the federal executive body authorized by the Government of the Russian Federation to represent in the bankruptcy case and the procedures applied in the bankruptcy case, claims for the payment of mandatory payments and claims of the Russian Federation for monetary obligations.
7.32. Considers, within its competence, issues of restructuring debts to the budget of the city of Moscow, makes decisions based on the results of consideration, organizes control over compliance with the conditions for the restructuring.
7.33. Carries out in the established field of activity measures to improve control, supervision and licensing functions, optimize the provision of public services, including in electronic form, reduce administrative barriers, reduce budget expenditures and increase the efficiency of their use.
7.34. Performs the functions:
7.34.1. Chief administrator, recipient of budgetary funds of the city of Moscow, chief administrator of budget revenues of the city of Moscow, chief administrator of sources of financing the budget deficit of the city of Moscow in accordance with the assigned powers.
7.34.2. State customer for the development and implementation of programs in the established field of activity of the Department.
7.34.3. The state customer for placing a state order and concluding a state contract, other civil law contracts for the supply of goods, performance of work, provision of services, as well as to meet the needs of the Department, including placing a state order for the development and operation of automated information systems in established field of activity.
7.35. Takes measures to implement programs, projects and activities in the field of energy saving and energy efficiency improvement within the established scope of activity.
7.36. Protects the interests of the city of Moscow in the established field of activity in courts, arbitration courts, arbitration courts, federal executive bodies exercising control (supervision), represents in accordance with the established procedure in other state bodies, organizations, including:
7.36.1. Takes, in accordance with federal laws, other regulatory legal acts of the Russian Federation, the laws of the city of Moscow, other legal acts of the city of Moscow, the necessary measures to protect the property interests of the city of Moscow on the territory of the Russian Federation and outside the territory of the Russian Federation.
7.36.2. Takes, within its competence, the necessary measures to eliminate identified violations of federal laws, other regulatory legal acts of the Russian Federation, laws of the city of Moscow, other legal acts of the city of Moscow in the field of privatization, management and disposal of property of the city of Moscow, recovery of harm caused by offenses in the field of use of objects non-residential fund owned by the city of Moscow, in the manner prescribed by federal laws, other regulatory legal acts of the Russian Federation, laws of the city of Moscow, other legal acts of the city of Moscow, represents the property interests of the city of Moscow in the judicial authorities, sends materials to law enforcement agencies for adoption of appropriate measures.
7.36.3. Protects property and other interests of the city of Moscow in bankruptcy cases and procedures applied in bankruptcy cases.
7.36.4. Provides assistance to courts, bodies of inquiry, investigators and prosecutors at their request in identifying signs of fictitious or deliberate bankruptcy and other issues related to the bankruptcy of organizations.
7.37. Within its competence, organizes and carries out mobilization training and mobilization in the Department and state institutions subordinate to it in the manner prescribed by federal laws, other regulatory legal acts of the Russian Federation, laws of the city of Moscow, other legal acts of the city of Moscow.
7.38. Organizes activities to improve the management system in the established field of activity, including optimization of the subordinated budget network.
7.39. Carries out intersectoral coordination on the following issues:
7.39.1. Estimating the value of property for the purposes of transactions involving the city of Moscow.
7.39.2. Audit of the financial and economic activities of state unitary enterprises of the city of Moscow, subordinate state institutions of the city of Moscow and business entities with a share of the city of Moscow in the authorized capital.
7.39.3. Functioning of the system of state unitary enterprises of the city of Moscow and state institutions of the city of Moscow.
7.39.4. Release of non-residential facilities owned by the city of Moscow from users for the subsequent transfer of buildings, structures and structures for reconstruction (new construction), as well as the organization of inspections of the use of new construction facilities.
7.39.5. Other issues in the established field of activity in accordance with federal laws, other regulatory legal acts of the Russian Federation, laws of the city of Moscow, other legal acts of the city of Moscow.
7.40. Ensures the organization of activities and participation in the work of interdepartmental commissions in accordance with the laws of the city of Moscow, other legal acts of the city of Moscow.
7.41. In order to exercise powers in the established field of activity, he has the right to interact with public associations of citizens and other organizations, authorities of foreign states, as well as to represent, in accordance with the established procedure, within his competence, the interests of the city of Moscow in relations with these persons, including with foreign states and legal entities.
7.43. Creates and accompanies automated information systems, ensures the accumulation of information resources for the accounting of objects of property of the city of Moscow.
7.44. Conducts work on the acquisition, storage, accounting and use of archival documents formed in the course of the Department's activities.
7.45. The Department receives the population, considers applications in the prescribed manner, as well as accepts applications from individuals and legal entities, prepares and issues documents of the Department in accordance with the Unified Register of documents issued and executed by executive authorities, state institutions of the city of Moscow and state unitary enterprises of the city of Moscow .
7.46. Performs other powers provided for by federal laws, other regulatory legal acts of the Russian Federation, laws of the city of Moscow, other legal acts of the city of Moscow in the established field of activity.
8. The Department is headed by a head appointed and dismissed by the Mayor of Moscow.
9. Head of Department:
9.1. Manages the activities of the Department, is personally responsible to the Mayor of Moscow and for the implementation of the established powers by the Department.
9.2. Allocates responsibilities to the Vice Presidents.
9.3. Approves the structure and staffing of the Department in accordance with the approved maximum staffing and wage fund, as well as regulations on the structural divisions of the Department.
9.4. Carries out, in accordance with the established procedure, the expenditure of funds within the allocated appropriations, ensures compliance with financial discipline and an increase in the efficiency of the use of funds from the budget of the city of Moscow, provided for the maintenance of the Department and the implementation of the powers assigned to it.
9.5. Signs legal acts (orders, instructions) of the Department within the limits of his competence, exercises control over their execution.
9.6. Ensures the efficient use and safety of the property of the city of Moscow assigned to the Department.
9.7. Organizes the passage of the state civil service in the Department.
9.8. Acts without a power of attorney on behalf of the Department, concludes contracts and agreements on behalf of the Department, performs other legal actions.
9.9. Represents the Department in federal state authorities, state bodies, state authorities of the constituent entities of the Russian Federation, local governments, public associations of citizens and other organizations.
9.10. Ensures the observance by state civil servants of the legislation on the state civil service, service discipline, collective agreements, service rules, job regulations.
9.11. Responsible for compliance with the regime established by federal laws, other regulatory legal acts of the Russian Federation, laws of the city of Moscow, other legal acts of the city of Moscow for the protection of information classified as state, commercial, official, or other secrets.
9.12. Responsible for achieving the established performance indicators of the Department.
9.13. Within its competence, organizes and provides mobilization training and civil defense in the Department and its subordinate organizations.
9.14. Signs the accounting and statistical reports of the Department, is responsible for violation of the legislation on accounting, the procedure for submitting statistical reports.
10. The Department is a legal entity, has a letterhead and seal depicting the coat of arms of the city of Moscow and with its name, other official seals and stamps, personal accounts in the bodies providing cash services for the execution of the budget of the city of Moscow, opened in the manner determined by the budget legislation of the Russian Federation, laws of the city of Moscow, other legal acts of the city of Moscow.
4. Order of the Premier of the Government of Moscow dated October 4, 1995 N 975-RP "On introducing amendments and additions to the order of the Premier of the Government of Moscow dated 11.04.94 N 610-RP".
5. Decree of the First Deputy Prime Minister of the Moscow Government dated March 11, 1996 N 229-RZP "On Approval of the Regulations on the Department of the First Deputy Prime Minister of the Moscow Government, Head of the Property and Land Complex".
6. Decree of the Premier of the Government of Moscow dated October 1, 1996 N 930-RP "On amendments to the composition of the Interdepartmental Commission to promote the organization and consideration of proposals for the formation of financial and industrial groups in Moscow".
7. Decree of the Premier of the Government of Moscow dated March 11, 1997 N 229-RP "On the Board of the Complex for Economic Policy and Property and Land Relations".
8. Order of the First Deputy Prime Minister of the Government of Moscow dated April 7, 1997 N 365-RZP "On the Unified Commission for the Sale of Real Estate".
9. Order of the First Deputy Prime Minister of the Government of Moscow dated May 8, 1997 N 493-RZP "On the procedure for organizational and documentary support of the activities of the Complex for Economic Policy and Property and Land Relations".
10. Order of the First Deputy Prime Minister of the Government of Moscow dated November 13, 1997 N 1173-RZP "On Amendments to the Composition of the Unified Commission for the Sale of Real Estate".
11. Order of the First Deputy Prime Minister of the Government of Moscow dated December 4, 1997 N 1267-RZP "On the implementation of the order of the Mayor of Moscow dated 11.11.97 N 878-RM "On strengthening the coordination of the activities of the Moscow Property Management Committee, the Property Fund of Moscow, the Moscow land committee and
12. Order of the First Deputy Prime Minister of the Government of Moscow dated August 14, 1998 N 727-RZP "On the reorganization of the Moscow Property Management Committee and the Moscow Property Fund".
Decree of the Government of Moscow No. 80-PP dated February 25, 2015 On amending the Decree of the Government of Moscow dated February 20, 2013 N 99-PP of legal acts (certain provisions of legal acts) of the city of Moscow On amending the Decree of the Government of Moscow dated February 20, 2013 N 99-PP No. 99-PP On Amendments to Decree of the Government of Moscow dated February 20, 2013 No. 99-PP
29.1. An act of medical and social examination of a citizen, a protocol for conducting a medical and social examination of a citizen, an individual program of rehabilitation or habilitation of a citizen are formed in the case of a medical and social examination of a citizen.
A citizen (his legal or authorized representative) has the right to familiarize himself with the act of the medical and social examination of a citizen and the protocol for conducting a medical and social examination of a citizen.
At the request of a citizen (his legal or authorized representative) submitted to the bureau on paper, on the day of filing the said application, copies of the certificate of medical and social examination of the citizen certified by the head of the bureau (main bureau, Federal Bureau) or an official authorized by him in the prescribed manner and a protocol for conducting a medical and social examination of a citizen.
Documents generated in the course and based on the results of the medical and social examination, in the form of electronic documents, are signed by the strengthened head of the bureau (main bureau, Federal Bureau) or by the strengthened qualified electronic signature of the official authorized by him.
At the request of a citizen (his legal or authorized representative), submitted to the bureau in electronic form, he, no later than the next working day from the date of submission of the said application, depending on the option of obtaining documents chosen by him:
copies of the act of the medical and social examination of the citizen and the protocol of the medical and social examination of the citizen on paper are issued certified by the head of the bureau (main bureau, Federal Bureau) or an official authorized by him in the prescribed manner;
are sent using the federal state information system "Unified Portal of State and Municipal Services (Functions)" in the form of electronic documents certified by an enhanced qualified electronic signature of the head of the bureau (main bureau, Federal Bureau) or an enhanced qualified electronic signature of an authorized official, a copy of the medical act - social examination of a citizen and a protocol for conducting a medical and social examination of a citizen.
30. When conducting a medical and social examination of a citizen in the main bureau, the case of the medical and social examination of a citizen with the attachment of all available documents is sent to the main bureau within 3 days from the date of the medical and social examination in the bureau.
When conducting a medical and social examination of a citizen in the Federal Bureau, the case of the medical and social examination of a citizen with the attachment of all available documents is sent to the Federal Bureau within 3 days from the date of the medical and social examination in the main bureau.
31. In cases requiring special types of examination of a citizen in order to establish the structure and degree of disability, rehabilitation potential, as well as to obtain other additional information, an additional examination program may be drawn up, which is approved by the head of the relevant bureau (main bureau, Federal Bureau). The specified program is brought to the attention of a citizen undergoing a medical and social examination in a form accessible to him.
An additional examination program may include conducting the necessary additional examination in a medical organization, an organization engaged in rehabilitation, habilitation of disabled people, obtaining an opinion from the main bureau or the Federal Bureau, requesting the necessary information, conducting an examination of the conditions and nature of professional activity, the social and living situation of a citizen, and others. Events.
32. After receiving the data provided for by the additional examination program, the specialists of the relevant bureau (main bureau, Federal Bureau) make a decision to recognize the citizen as disabled or to refuse to recognize him as disabled.
33. In case of refusal of a citizen (his legal or authorized representative) from an additional examination and provision of the necessary documents, the decision to recognize the citizen as disabled or to refuse to recognize him as disabled is made on the basis of the available data, which is noted in the protocol of the medical and social examination. citizen in the federal state institution of medical and social expertise.
34. For a citizen recognized as a disabled person, the specialists of the bureau (main bureau, Federal Bureau) who conducted the medical and social examination develop an individual program of rehabilitation or habilitation.
If it is necessary to make corrections to the individual program of rehabilitation or habilitation in connection with a change in the personal, anthropometric data of a disabled person (disabled child), the need to clarify the characteristics of previously recommended types of rehabilitation and (or) habilitation measures, as well as in order to eliminate technical errors (misprint, misprint , grammatical or arithmetic error or similar error) to a disabled person (a disabled child), at his application or at the request of a legal or authorized representative of a disabled person (a disabled child), a new individual rehabilitation or habilitation program is drawn up instead of the previously issued one without issuing a new referral for medical and social examination disabled person (disabled child).
At the same time, the change of other information specified in the previously issued individual rehabilitation or habilitation program is not carried out.
If it is necessary to include in the individual program of rehabilitation or habilitation of a disabled child recommendations on goods and services intended for social adaptation and integration into society of disabled children, for the purchase of which funds (part of the funds) of maternity (family) capital are allocated (hereinafter - goods and services ), a disabled child, at his request or at the request of a legal or authorized representative of a disabled child, instead of the previously issued one, a new individual rehabilitation or habilitation program for a disabled child is drawn up without issuing a new referral for a medical and social examination.
Drawing up a new individual program for the rehabilitation or habilitation of a disabled child with the inclusion of recommendations on goods and services is carried out on the basis of the decision of the bureau (main bureau, Federal Bureau) on the need for the disabled child to purchase goods and services, adopted on the basis of the examination of the disabled child.
In the event that recommendations on goods and services related to medical devices are included in the individual rehabilitation or habilitation program for a disabled child, the disabled child (his legal or authorized representative) submits to the bureau (head bureau, Federal Bureau) a certificate issued by a medical organization containing information about the main diagnosis, complications and concomitant diagnosis (diagnoses) of the child (hereinafter referred to as the certificate), and a decision on the need for the disabled child to purchase goods and services related to medical devices, which is made on the basis of the certificate.
Submission of a certificate is not required if the application for the inclusion of goods and services related to medical devices in an individual program for the rehabilitation or habilitation of a disabled child was received within 1 year from the date of issuance of the indicated program by the bureau (main bureau, Federal Bureau). In this case, the decision on the need to purchase goods and services related to medical devices is made on the basis of information available in the bureau (main bureau, Federal Bureau) on previous examinations of a disabled child at the disposal of the bureau (main bureau, Federal Bureau).
35. An extract from the act of the medical and social examination of a citizen recognized as disabled is sent to the relevant bureau (main bureau, Federal Bureau) to the body providing his pension within 3 days from the date of the decision to recognize the citizen as disabled in the form of an electronic document with using a unified system of interdepartmental electronic interaction or otherwise in compliance with the requirements of the legislation of the Russian Federation in the field of personal data protection.
The procedure for compiling and the form of the extract are approved by the Ministry of Labor and Social Protection of the Russian Federation.
Information about all cases of recognition as invalids of citizens who are registered with the military or not registered with the military, but are obliged to be registered with the military, is submitted by the bureau (main bureau, Federal Bureau) to the relevant military commissariats.
36. A citizen recognized as disabled is issued a certificate confirming the fact of the establishment of disability, indicating the group of disability, as well as an individual program of rehabilitation or habilitation.
The procedure for compiling and the form of the certificate are approved by the Ministry of Labor and Social Protection of the Russian Federation.
A citizen who is not recognized as a disabled person, at his request, is issued a certificate of the results of a medical and social examination.
37. For a citizen who has a document on temporary disability and is recognized as disabled, the disability group and the date of its establishment are indicated in the specified document.
Information about changes:
Section IV was supplemented by clause 37.1 from May 21, 2019 - Decree of the Government of Russia dated May 16, 2019 N 607
37.1. Information about the results of the medical and social examination carried out is formed in the federal state information system "Unified Automated Vertically Integrated Information and Analytical System for Conducting Medical and Social Expertise" in accordance with the form approved by the Ministry of Labor and Social Protection of the Russian Federation, and sent by the bureau to the medical organization in the form of an electronic document signed with an enhanced qualified electronic signature, using the specified system, a unified state information system in the field of healthcare, state information systems in the field of healthcare of the constituent entities of the Russian Federation, medical information systems of medical organizations in accordance with the procedure for information interaction specified in paragraph 19.3 of these Rules, and in the absence of access to such information systems - on paper.
V. The procedure for re-examination of a disabled person
38. Re-examination of a disabled person is carried out in the manner prescribed by sections I - IV of these Rules.
39. Re-examination of disabled people of group I is carried out once every 2 years, disabled people of groups II and III - once a year, and disabled children - once during the period for which the category "child with a disability" is established for the child.
Re-examination of a citizen whose disability has been established without specifying the re-examination period may be carried out on his personal application (application of his legal or authorized representative), or on the direction of a medical organization due to a change in health status, or when carried out by the main bureau, the Federal Bureau of Control over Decisions, adopted respectively by the bureau, the main bureau.
40. Re-examination of a disabled person may be carried out in advance, but not more than 2 months before the expiration of the established period of disability.
41. A re-examination of a disabled person before the established deadline is carried out at his personal request (application of his legal or authorized representative), or at the direction of a medical organization in connection with a change in health status, or when the main bureau, the Federal Bureau of control over decisions taken by the bureau respectively, the main the Bureau.
VI. The procedure for appealing decisions of the bureau, the main bureau, the Federal Bureau
42. A citizen (his legal or authorized representative) may appeal the decision of the bureau to the main bureau within a month on the basis of an application submitted to the bureau that conducted the medical and social examination, or to the main bureau in writing on paper or in electronic form using federal state information system "Unified portal of state and municipal services (functions)".
43. The Main Bureau, no later than 1 month from the date of receipt of the citizen's application, conducts his medical and social examination and, based on the results, makes an appropriate decision.
44. In the event that a citizen appeals against the decision of the main bureau, the chief expert in medical and social expertise for the relevant subject of the Russian Federation, with the consent of the citizen, may entrust the conduct of his medical and social expertise to another team of specialists from the main bureau.
45. The decision of the main bureau can be appealed within a month to the Federal Bureau on the basis of an application submitted by a citizen (his legal or authorized representative) to the main bureau that conducted the medical and social examination, or to the Federal Bureau.
The Federal Bureau, no later than 1 month from the date of receipt of the citizen's application, conducts his medical and social examination and, based on the results, makes an appropriate decision.
46. Decisions of the bureau, the main bureau, the Federal Bureau may be appealed to the court by a citizen (his legal or authorized representative) in the manner prescribed by the legislation of the Russian Federation.
APPENDIX
to the Rules for Recognizing a Person as Disabled
Scroll
diseases, defects, irreversible morphological changes, dysfunctions of organs and systems of the body, as well as indications and conditions in order to establish a disability group and the category of "disabled child"
With changes and additions from:
I. Diseases, defects, irreversible morphological changes, violations of the functions of organs and systems of the body, in which a disability group without specifying the period of re-examination (the category "disabled child" until the citizen reaches the age of 18) is established for citizens no later than 2 years after the initial recognition as disabled ( establishing the category of "disabled child")
1. Malignant neoplasms (with metastases and relapses after radical treatment; metastases without an identified primary focus with treatment failure; severe general condition after palliative treatment; incurability of the disease).
2. Inoperable benign neoplasms of the brain and spinal cord with persistent, pronounced and significantly pronounced disorders of neuromuscular, skeletal and movement-related (statodynamic) functions, mental, sensory (vision), language and speech functions, severe liquorodynamic disorders.
3. Absence of the larynx after its surgical removal.
4. Congenital and acquired dementia (severe mental retardation, profound mental retardation, severe dementia).
5. Diseases of the nervous system with a chronic progressive course, including neurodegenerative diseases of the brain (parkinsonism plus) with persistent pronounced disorders of neuromuscular, skeletal and movement-related (statodynamic) functions, language and speech, sensory (vision) functions.
6. Severe forms of inflammatory bowel disease (Crohn's disease, ulcerative colitis) with a chronic continuous and chronic relapsing course in the absence of the effect of adequate conservative treatment with persistent, pronounced and significantly impaired functions of the digestive, endocrine systems and metabolism.
7. Diseases characterized by high blood pressure with severe complications from the central nervous system (with persistent pronounced disorders of neuromuscular, skeletal and movement-related (statodynamic) functions, language and speech, sensory (vision) functions, impaired functions of the cardiovascular system ( accompanied by circulatory failure IIB - III degree and coronary insufficiency III - IV functional class), with chronic renal failure (chronic kidney disease stage 2 - 3).
8. Ischemic heart disease with coronary insufficiency III - IV functional class of angina pectoris and persistent circulatory disorders IIB - III degree.
9. Diseases of the respiratory organs with a progressive course, accompanied by persistent respiratory failure II - III degree, in combination with circulatory failure IIB - III degree.
10. Fatal fecal, urinary fistulas, stoma.
11. Severe contracture or ankylosis of large joints of the upper and lower extremities in a functionally disadvantageous position (if arthroplasty is impossible).
12. Congenital anomalies in the development of the musculoskeletal system with severe persistent disorders of neuromuscular, skeletal and movement-related (static-dynamic) functions (support and movement when correction is impossible).
13. Consequences of traumatic injury to the brain (spinal) cord with persistent pronounced disorders of neuromuscular, skeletal and movement-related (statodynamic) functions, language and speech, sensory (vision) functions and severe dysfunction of the pelvic organs.
14. Defects of the upper limb: amputation of the shoulder joint, disarticulation of the shoulder, shoulder stump, forearm, absence of the hand, absence of all phalanges of the four fingers, excluding the first, absence of three fingers of the hand, including the first.
15. Defects and deformities of the lower limb: amputation of the hip joint, disarticulation of the thigh, femoral stump, lower leg, absence of a foot.
II. Indications and conditions for establishing the category of "disabled child" for a period of 5 years and until reaching the age of 14 years
a) during the initial examination of children in case of a malignant neoplasm, including any form of acute or chronic leukemia;
b) when re-examining disabled children with congenital operated hydrocephalus with persistent, pronounced and significantly pronounced disorders of mental, neuromuscular, skeletal and movement-related (statodynamic) functions, sensory functions;
c) when re-examining disabled children with grade III-IV scoliosis, rapidly progressing, mobile, requiring long-term complex types of rehabilitation;
d) when re-examining disabled children with adrenogenital syndrome (salt-losing form) with a high risk of life-threatening conditions;
e) when re-examining disabled children with nephrotic syndrome with steroid dependence and steroid resistance, with 2 or more exacerbations per year, with a progressive course, with chronic renal failure (chronic kidney disease of any stage);
f) with congenital, hereditary malformations of the maxillofacial region with persistent, pronounced and significantly pronounced disorders of the digestive system, disorders of language and speech functions during multi-stage complex types of rehabilitation, including during the initial examination of children with congenital complete cleft lip, hard and soft palate
Information about changes:
The Appendix was supplemented by Section II.1 from July 6, 2019 - Decree of the Government of Russia of June 27, 2019 N 823
II.1. Indications and conditions for establishing the category of "disabled child" before the citizen reaches the age of 18
III. Diseases, defects, irreversible morphological changes, violations of the functions of organs and systems of the body, in which the disability group (category "disabled child") is established without a re-examination period (up to the age of 18 years) during the initial examination
18. Chronic kidney disease stage 5 in the presence of contraindications to kidney transplantation.
19. Cirrhosis of the liver with hepatosplenomegaly and portal hypertension of the III degree.
20. Congenital incomplete (imperfect) osteogenesis.
21. Hereditary metabolic disorders that are not compensated by pathogenetic treatment, having a progressive severe course, leading to pronounced and significantly pronounced disorders of the body's functions (cystic fibrosis, severe forms of acidemia or aciduria, glutaric aciduria, galactosemia, leucinosis, Fabry disease, Gaucher disease, Niemann's disease - Peak, mucopolysaccharidosis, cofactor form of phenylketonuria in children (phenylketonuria II and III types) and others).
22. Hereditary metabolic disorders that have a progressive severe course, leading to pronounced and significantly pronounced disorders of the body's functions (Tay-Sachs disease, Krabbe disease, and others).
23. Juvenile arthritis with severe and severe disorders of skeletal and movement-related (statodynamic) functions, blood system and immune system.
24. Systemic lupus erythematosus, severe course with a high degree of activity, rapid progression, a tendency to generalization and involvement of internal organs in the process with persistent, pronounced, significantly impaired body functions, without the effect of treatment using modern methods.
25. Systemic sclerosis: diffuse form, severe course with a high degree of activity, rapid progression, a tendency to generalization and involvement of internal organs in the process with persistent, pronounced, significantly impaired body functions, without the effect of treatment using modern methods.
26. Dermatopolymyositis: severe course with a high degree of activity, rapid progression, a tendency to generalization and involvement of internal organs in the process with persistent, pronounced, significantly impaired body functions, without the effect of treatment using modern methods.
27. Separate disorders involving the immune mechanism with a severe course, recurrent infectious complications, severe syndromes of immune dysregulation, requiring permanent (lifelong) replacement and (or) immunomodulatory therapy.
28. Congenital epidermolysis bullosa, severe form.
29. Congenital malformations of various organs and systems of the child's body, in which only palliative correction of the defect is possible.
30. Congenital anomalies in the development of the spine and spinal cord, leading to persistent, pronounced and significantly pronounced disorders of neuromuscular, skeletal and movement-related (statodynamic) functions and (or) dysfunction of the pelvic organs, with the impossibility or ineffectiveness of surgical treatment.
31. Congenital anomalies (malformations), deformities, chromosomal and genetic diseases (syndromes) with a progressive course or unfavorable prognosis, leading to persistent, pronounced and significantly pronounced disorders of body functions, including impaired mental functions to the level of moderate, severe and profound mental retardation . Complete trisomy 21 (Down's syndrome) in children, as well as other autosomal numerical and unbalanced structural chromosomal anomalies.
32. Schizophrenia (various forms), including the childhood form of schizophrenia, leading to severe and severe mental disorders.
33. Epilepsy is idiopathic, symptomatic, leading to severe and significantly pronounced disorders of mental functions and (or) resistant seizures to therapy.
34. Organic diseases of the brain of various origins, leading to persistent, pronounced and significantly pronounced disorders of mental, language and speech functions.
35. Cerebral palsy with persistent, pronounced and significantly pronounced disorders of neuromuscular, skeletal and movement-related (static-dynamic) functions, mental, language and speech functions. There are no age and social skills.
36. Pathological conditions of the body caused by blood clotting disorders (hypoprothrombinemia, hereditary factor VII deficiency (stable), Stuart-Prouer syndrome, von Willebrand disease, hereditary factor IX deficiency, hereditary factor VIII deficiency, hereditary factor XI deficiency with persistent, pronounced, significantly pronounced disorders functions of the blood and (or) the immune system).
37. HIV infection, stage of secondary diseases (stage 4B, 4C), terminal stage 5.
38. Hereditary progressive neuromuscular diseases (pseudohypertrophic Duchenne myodystrophy, Werdnig-Hoffmann spinal amyotrophy) and other forms of hereditary rapidly progressive neuromuscular diseases.
39. Complete blindness in both eyes with the ineffectiveness of the treatment; decrease in visual acuity in both eyes and in the better seeing eye up to 0.04 with correction or concentric narrowing of the visual field in both eyes up to 10 degrees as a result of persistent and irreversible changes.
40. Complete deaf-blindness.
41. Bilateral sensorineural hearing loss III-IV degree, deafness.
42. Congenital multiple arthrogryposis.
43. Paired amputation of the hip joint.
44. Ankylosing spondylitis with persistent, pronounced, significantly pronounced disorders of the body's functions.
IV. Diseases, defects, irreversible morphological changes, dysfunctions of organs and systems of the body, in which disability is established during an absentee examination
45. Diseases of the respiratory organs with significantly pronounced dysfunctions of the respiratory system, characterized by a severe course with chronic respiratory failure of III degree; chronic pulmonary heart failure IIB, stage III.
46. Diseases of the circulatory system with significant impairment of the functions of the cardiovascular system: functional class IV angina pectoris is a severe, significantly pronounced degree of coronary circulation impairment (occurring in combination with chronic heart failure up to stage III inclusive).
47. Diseases characterized by high blood pressure with severe complications from the central nervous system (with persistent pronounced disorders of neuromuscular, skeletal and movement-related (statodynamic) functions, language and speech, sensory (vision) functions, impaired functions of the cardiovascular system ( accompanied by circulatory failure IIB - III degree and coronary insufficiency III - IV functional class), with chronic renal failure (chronic kidney disease stage 2 - 3).
48. Diseases of the nervous system with a chronic progressive course, including neurodegenerative diseases of the brain (parkinsonism plus), with persistent pronounced disorders of neuromuscular, skeletal and movement-related (statodynamic) functions, language and speech, sensory (vision) functions.
49. Extrapyramidal and other motor disorders with persistent, significantly pronounced disorders of neuromuscular, skeletal and movement-related (static-dynamic) functions, mental, language and speech functions.
50. Cerebrovascular diseases with persistent, significantly pronounced disorders of neuromuscular, skeletal and movement-related (static-dynamic) functions, mental, sensory (vision), language and speech functions.
51. Diabetes mellitus with a significant multiple dysfunction of organs and systems of the body (with chronic arterial insufficiency of stage IV in both lower extremities with the development of gangrene, if high amputation of both extremities is required and the impossibility of restoring blood flow and performing prosthetics).
52. Fatal fecal, urinary fistulas, stomas - with ileostomy, colostomy, artificial anus, artificial urinary tract.
53. Malignant neoplasms (with metastases and relapses after radical treatment; metastases without an identified primary focus with treatment failure; severe general condition after palliative treatment; incurability of the disease).
54. Malignant neoplasms of lymphoid, hematopoietic and related tissues with severe symptoms of intoxication and severe general condition.
55. Inoperable benign neoplasms of the brain and spinal cord with persistent, pronounced and significantly pronounced disorders of neuromuscular, skeletal and movement-related (statodynamic) functions, mental, sensory (vision), language and speech functions, severe liquorodynamic disorders.
56. Epidermolysis congenital bullosa, generalized moderate, severe forms (simple epidermolysis bullosa, borderline epidermolysis bullosa, dystrophic epidermolysis bullosa, Kindler's syndrome).
57. Severe forms of psoriasis with persistent, pronounced, significantly impaired body functions, not controlled by immunosuppressive drugs.
58. Congenital forms of ichthyosis and ichthyosis-associated syndromes with a pronounced, significantly pronounced dysfunction of the skin and related systems.
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
ON THE PROCEDURE AND CONDITIONS FOR RECOGNIZING A PERSON AS A DISABLED PERSON
In accordance with the Federal Law "On the Social Protection of Disabled Persons in the Russian Federation", the Government of the Russian Federation decides:
1. Approve the attached Rules for recognizing a person as disabled.
2. The Ministry of Health and Social Development of the Russian Federation, with the participation of all-Russian public associations of the disabled, develop and, in agreement with the Ministry of Education and Science of the Russian Federation and the Ministry of Finance of the Russian Federation, approve the classifications and criteria used in the implementation of medical and social examination of citizens by federal state institutions of medical and social expertise.
3. To provide explanations to the Ministry of Health and Social Development of the Russian Federation on issues related to the application of the Rules approved by this Decree.
4. Recognize as invalid Decree of the Government of the Russian Federation of August 13, 1996 N 965 "On the procedure for recognizing citizens as disabled" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 1996, N 34, art. 4127).
Prime Minister
Russian Federation
M. FRADKOV
Approved
Government Decree
Russian Federation
REGULATIONS
RECOGNITION OF A PERSON AS A DISABLED
(as amended by Decree of the Government of the Russian Federation of 04/07/2008 N 247)
I. General provisions
1. These Rules determine, in accordance with the Federal Law "On the Social Protection of the Disabled in the Russian Federation", the procedure and conditions for recognizing a person as a disabled person. Recognition of a person (hereinafter referred to as a citizen) as a disabled person is carried out by federal state institutions of medical and social expertise: the Federal Bureau of Medical and Social Expertise (hereinafter referred to as the Federal Bureau), the main bureaus of medical and social expertise (hereinafter referred to as the main bureaus), as well as the bureau of medical and social expertise in cities and districts (hereinafter referred to as bureaus), which are branches of the main bureaus.
2. The recognition of a citizen as a disabled person is carried out during a medical and social examination based on a comprehensive assessment of the state of the citizen's body based on an analysis of his clinical, functional, social, vocational and psychological data using classifications and criteria approved by the Ministry of Health and Social Development of the Russian Federation. Federation.
3. A medical and social examination is carried out to establish the structure and degree of restriction of the citizen's life (including the degree of restriction of the ability to work) and his rehabilitation potential.
4. Specialists of the Bureau (Chief Bureau, Federal Bureau) are obliged to familiarize the citizen (his legal representative) with the procedure and conditions for recognizing a citizen as disabled, as well as to provide explanations to citizens on issues related to the establishment of disability.
II. Conditions for recognizing a citizen as disabled
5. The conditions for recognizing a citizen as a disabled person are:
a) a health disorder with a persistent disorder of body functions due to diseases, consequences of injuries or defects;
b) restriction of life activity (complete or partial loss by a citizen of the ability or ability to carry out self-service, move independently, navigate, communicate, control their behavior, study or engage in labor activity);
c) the need for social protection measures, including rehabilitation.
6. The presence of one of the conditions specified in paragraph 5 of these Rules is not a sufficient basis for recognizing a citizen as a disabled person.
7. Depending on the degree of disability caused by a persistent disorder of body functions resulting from diseases, the consequences of injuries or defects, a citizen recognized as disabled is assigned I, II or III group of disability, and a citizen under the age of 18 years - the category "child -disabled person".
8. When establishing a disability group for a citizen, it is simultaneously determined in accordance with the classifications and criteria provided for in paragraph 2 of these Rules, the degree of restriction of his ability to work (III, II or I degree of restriction) or the disability group is established without limiting the ability to work.
9. Disability of the I group is established for 2 years, II and III groups - for 1 year.
The degree of limitation of the ability to work (no limitation of the ability to work) is established for the same period as the disability group.
11. If a citizen is recognized as a disabled person, the date of establishment of disability is the day the bureau receives the citizen's application for a medical and social examination.
12. Disability is established before the 1st day of the month following the month for which the next medical and social examination of a citizen (re-examination) is scheduled.
13. Citizens are assigned a disability group without indicating the period of re-examination, and citizens under the age of 18 are assigned the category "disabled child" until the citizen reaches the age of 18:
not later than 2 years after the initial recognition as a disabled person (establishment of the category "disabled child") of a citizen who has diseases, defects, irreversible morphological changes, dysfunctions of organs and body systems according to the list according to the appendix;
not later than 4 years after the initial recognition of a citizen as a disabled person (establishment of the category "disabled child") in the event that it is impossible to eliminate or reduce the degree of restriction of the citizen's life activity caused by persistent irreversible morphological changes, defects and dysfunctions of the organs and systems of the body during the implementation of rehabilitation measures ( with the exception of those specified in the appendix to these Rules).
The establishment of a disability group without specifying the period of re-examination (the category "disabled child" until the citizen reaches the age of 18 years) can be carried out upon the initial recognition of a citizen as disabled (establishing the category "disabled child") on the grounds specified in paragraphs two and three of this paragraph, in the absence of positive results of rehabilitation measures carried out by the citizen before he was sent for a medical and social examination. At the same time, it is necessary that in the referral for a medical and social examination issued to a citizen by an organization that provides him with medical and preventive care and sent him for a medical and social examination, or in medical documents if a citizen is sent for a medical and social examination in accordance with paragraph 17 of these Rules contained data on the absence of positive results of such rehabilitation measures.
For citizens who applied to the bureau on their own in accordance with paragraph 19 of these Rules, a disability group without specifying the re-examination period (category "disabled child" until the citizen reaches the age of 18) can be established upon initial recognition of a citizen as disabled (establishing the category "disabled child" ) in the absence of positive results of the rehabilitation measures assigned to him in accordance with the specified paragraph.
(clause 13 as amended by Decree of the Government of the Russian Federation of 04/07/2008 N 247)
13.1. Citizens who are assigned the category of "disabled child" upon reaching the age of 18 are subject to re-examination in the manner prescribed by these Rules. At the same time, the calculation of the terms provided for in paragraphs two and three of paragraph 13 of these Rules is carried out from the day he establishes a disability group for the first time after reaching the age of 18 years.
(clause 13.1 was introduced by Decree of the Government of the Russian Federation of 04/07/2008 N 247)
14. If a citizen is recognized as a disabled person, the cause of disability shall be a general illness, a labor injury, an occupational disease, disability from childhood, disability from childhood due to injury (concussion, mutilation) associated with military operations during the Great Patriotic War, military injury, disease received during the period of military service, disability associated with the disaster at the Chernobyl nuclear power plant, the consequences of radiation exposure and direct participation in the activities of special risk units, as well as other reasons established by the legislation of the Russian Federation.
In the absence of documents confirming the fact of an occupational disease, labor injury, military injury or other circumstances provided for by the legislation of the Russian Federation that are the cause of disability, a general illness is indicated as the cause of disability. In this case, the citizen is assisted in obtaining these documents. When the appropriate documents are submitted to the bureau, the cause of disability changes from the date of submission of these documents without additional examination of the disabled person.
III. The procedure for sending a citizen
for medical and social examination
15. A citizen is sent for medical and social examination by an organization providing medical and preventive care, regardless of its organizational and legal form, by a body providing pensions, or by a body for social protection of the population.
16. An organization providing medical and preventive care sends a citizen to a medical and social examination after carrying out the necessary diagnostic, therapeutic and rehabilitation measures in the presence of data confirming persistent bodily dysfunction caused by disease, injury, or defect.
At the same time, in a referral for a medical and social examination, the form of which is approved by the Ministry of Health and Social Development of the Russian Federation, data on the state of health of a citizen are indicated, reflecting the degree of dysfunction of organs and systems, the state of the body's compensatory capabilities, as well as the results of rehabilitation measures.
17. The body providing pensions, as well as the body of social protection of the population, has the right to send for a medical and social examination of a citizen who has signs of disability and needs social protection, if he has medical documents confirming violations of body functions due to diseases, consequences of injuries or defects.
The form of the corresponding referral for medical and social examination, issued by the body providing pensions, or the body of social protection of the population, is approved by the Ministry of Health and Social Development of the Russian Federation.
18. Organizations providing medical and preventive care, bodies providing pensions, as well as bodies of social protection of the population are responsible for the accuracy and completeness of the information indicated in the referral for a medical and social examination, in the manner established by the legislation of the Russian Federation.
19. If an organization providing medical and preventive care, a body providing pensions, or a body of social protection of the population refused to refer a citizen to a medical and social examination, he is issued a certificate, on the basis of which the citizen (his legal representative) has the right to apply at the office on your own.
The specialists of the bureau conduct an examination of the citizen and, based on its results, draw up a program for an additional examination of the citizen and carrying out rehabilitation measures, after which they consider the issue of whether he has disabilities.
IV. The procedure for conducting medical and social
examination of a citizen
20. Medical and social examination of a citizen is carried out in the bureau at the place of residence (at the place of stay, at the location of the pension file of a disabled person who has left for permanent residence outside the Russian Federation).
21. In the main bureau, a medical and social examination of a citizen is carried out if he appeals against the decision of the bureau, as well as in the direction of the bureau in cases requiring special types of examination.
22. In the Federal Bureau, a medical and social examination of a citizen is carried out in the event that he appeals against the decision of the main bureau, as well as in the direction of the main bureau in cases requiring particularly complex special types of examination.
23. Medical and social examination can be carried out at home if a citizen cannot come to the bureau (main bureau, Federal Bureau) for health reasons, which is confirmed by the conclusion of the organization providing medical and preventive care, or in the hospital where the citizen is on treatment, or in absentia by decision of the relevant bureau.
24. Medical and social examination is carried out at the request of a citizen (his legal representative).
The application is submitted to the bureau in writing with a referral for medical and social examination issued by the organization providing medical and preventive care (the body providing pensions, the body of social protection of the population), and medical documents confirming the violation of health.
25. Medical and social examination is carried out by specialists of the bureau (main bureau, Federal Bureau) by examining the citizen, studying the documents submitted by him, analyzing the social, domestic, professional, psychological and other data of the citizen.
26. When conducting a medical and social examination of a citizen, a protocol is kept.
27. At the invitation of the head of the bureau (main bureau, Federal Bureau), representatives of state non-budgetary funds, the Federal Service for Labor and Employment, as well as specialists of the relevant profile (hereinafter referred to as consultants) may participate in the medical and social examination of a citizen at the invitation of the head of the bureau (main bureau, Federal Bureau).
28. The decision to recognize a citizen as a disabled person or to refuse to recognize him as a disabled person is made by a simple majority of votes of the specialists who conducted the medical and social examination, based on a discussion of the results of his medical and social examination.
The decision is announced to the citizen who underwent the medical and social examination (his legal representative), in the presence of all the specialists who conducted the medical and social examination, who, if necessary, provide explanations on it.
29. Based on the results of a medical and social examination of a citizen, an act is drawn up, which is signed by the head of the relevant bureau (main bureau, Federal Bureau) and the specialists who made the decision, and then certified by a seal.
The conclusions of the consultants involved in the medical and social examination, the list of documents and the main information that served as the basis for the decision are entered in the act of the citizen's medical and social examination or attached to it.
The procedure for drawing up and the form of an act of medical and social examination of a citizen are approved by the Ministry of Health and Social Development of the Russian Federation.
The term of storage of the act of medical and social examination of a citizen is 10 years.
30. When conducting a medical and social examination of a citizen in the main bureau, an act of a medical and social examination of a citizen with the attachment of all available documents is sent to the main bureau within 3 days from the date of the medical and social examination in the bureau.
When conducting a medical and social examination of a citizen in the Federal Bureau, an act of a medical and social examination of a citizen with the attachment of all available documents is sent to the Federal Bureau within 3 days from the date of the medical and social examination in the main bureau.
31. In cases requiring special types of examination of a citizen in order to establish the structure and degree of disability (including the degree of limitation of the ability to work), rehabilitation potential, as well as obtaining other additional information, an additional examination program may be drawn up, which is approved by the head of the relevant Bureau (Main Bureau, Federal Bureau). The specified program is brought to the attention of a citizen undergoing a medical and social examination in a form accessible to him.
An additional examination program may include conducting the necessary additional examination in a medical, rehabilitation organization, obtaining an opinion from the main bureau or the Federal Bureau, requesting the necessary information, conducting an examination of the conditions and nature of professional activity, the social and living situation of a citizen, and other measures.
32. After receiving the data provided for by the additional examination program, the specialists of the relevant bureau (main bureau, Federal Bureau) make a decision to recognize the citizen as disabled or to refuse to recognize him as disabled.
33. In case of refusal of a citizen (his legal representative) from an additional examination and provision of the required documents, the decision to recognize the citizen as disabled or to refuse to recognize him as disabled is made on the basis of the available data, about which an appropriate entry is made in the act of the citizen's medical and social examination.
34. For a citizen recognized as disabled, specialists of the bureau (main bureau, Federal Bureau) who conducted the medical and social examination develop an individual rehabilitation program, which is approved by the head of the relevant bureau.
35. An extract from the act of the medical and social examination of a citizen recognized as disabled is sent to the relevant bureau (main bureau, Federal Bureau) to the body providing his pension within 3 days from the date of the decision to recognize the citizen as disabled.
The procedure for compiling and the form of the extract are approved by the Ministry of Health and Social Development of the Russian Federation.
Information about all cases of recognition of persons liable for military service or citizens of draft age as invalids is submitted by the bureau (main bureau, Federal Bureau) to the relevant military commissariats.
36. A citizen recognized as disabled shall be issued a certificate confirming the fact of the establishment of disability, indicating the group of disability and the degree of limitation of the ability to work, or indicating the group of disability without limiting the ability to work, as well as an individual rehabilitation program.
The procedure for drawing up and the form of a certificate and an individual rehabilitation program are approved by the Ministry of Health and Social Development of the Russian Federation.
A citizen who is not recognized as a disabled person, at his request, is issued a certificate of the results of a medical and social examination.
37. For a citizen who has a document on temporary disability and is recognized as disabled, the disability group and the date of its establishment are indicated in the specified document.
V. The procedure for re-examination of a disabled person
38. Re-examination of a disabled person is carried out in the manner prescribed by sections I - IV of these Rules.
39. Re-examination of disabled people of group I is carried out once every 2 years, disabled people of groups II and III - once a year, and disabled children - once during the period for which the category "child with a disability" is established for the child.
Re-examination of a citizen whose disability has been established without specifying the re-examination period may be carried out on his personal application (application of his legal representative), or on the direction of an organization providing medical and preventive care, in connection with a change in health status, or when carried out by the main bureau, the Federal Bureau control over the decisions taken by the respective bureau, the main bureau.
40. Re-examination of a disabled person may be carried out in advance, but not more than 2 months before the expiration of the established period of disability.
41. A re-examination of a disabled person before the established deadline is carried out on his personal application (application of his legal representative), or on the direction of an organization providing medical and preventive care, in connection with a change in health status, or when carried out by the main bureau, the Federal Bureau of Control over decisions taken respectively bureau, main bureau.
VI. The procedure for appealing the decisions of the bureau,
main bureau, federal bureau
42. A citizen (his legal representative) may appeal the decision of the bureau to the main bureau within a month on the basis of a written application submitted to the bureau that conducted the medical and social examination, or to the main bureau.
The bureau that conducted the medical and social examination of the citizen, within 3 days from the date of receipt of the application, sends it with all available documents to the main bureau.
43. The Main Bureau, no later than 1 month from the date of receipt of the citizen's application, conducts his medical and social examination and, based on the results, makes an appropriate decision.
44. In the event that a citizen appeals against the decision of the main bureau, the chief expert in medical and social expertise for the relevant subject of the Russian Federation, with the consent of the citizen, may entrust the conduct of his medical and social expertise to another team of specialists from the main bureau.
45. The decision of the main bureau can be appealed within a month to the Federal Bureau on the basis of an application submitted by a citizen (his legal representative) to the main bureau that conducted the medical and social examination, or to the Federal Bureau.
The Federal Bureau, no later than 1 month from the date of receipt of the citizen's application, conducts his medical and social examination and, based on the results, makes an appropriate decision.
46. Decisions of the bureau, the main bureau, the Federal Bureau may be appealed to the court by a citizen (his legal representative) in the manner prescribed by the legislation of the Russian Federation.
Application
to the Rules
recognition of a person as disabled
(as amended
Government Decrees
Russian Federation
SCROLL
DISEASES, DEFECTS, IRREVERSIBLE
MORPHOLOGICAL CHANGES, FUNCTION DISTURBANCES
ORGANS AND SYSTEMS OF THE BODY IN WHICH THE GROUP
DISABILITY WITHOUT INDICATING THE TERM OF RE-CERTIFICATION
AGE 18) IS ESTABLISHED TO CITIZENS NO LATER
2 YEARS AFTER INITIAL RECOGNITION AS DISABLED
(introduced by Decree of the Government of the Russian Federation of 04/07/2008 N 247)
1. Malignant neoplasms (with metastases and relapses after radical treatment; metastases without an identified primary focus with treatment failure; severe general condition after palliative treatment, incurability of the disease with severe symptoms of intoxication, cachexia and tumor decay).
2. Malignant neoplasms of lymphoid, hematopoietic and related tissues with severe symptoms of intoxication and severe general condition.
3. Inoperable benign neoplasms of the brain and spinal cord with persistent and pronounced disorders of motor, speech, and visual functions (pronounced hemiparesis, paraparesis, triparesis, tetraparesis, hemiplegia, paraplegia, triplegia, tetraplegia) and severe liquorodynamic disorders.
4. Absence of the larynx after its surgical removal.
5. Congenital and acquired dementia (severe dementia, severe mental retardation, profound mental retardation).
6. Diseases of the nervous system with a chronic progressive course, with persistent pronounced disorders of motor, speech, visual functions (pronounced hemiparesis, paraparesis, triparesis, tetraparesis, hemiplegia, paraplegia, triplegia, tetraplegia, ataxia, total aphasia).
7. Hereditary progressive neuromuscular diseases (pseudohypertrophic Duchenne myodystrophy, Werdnig-Hoffmann spinal amyotrophy), progressive neuromuscular diseases with impaired bulbar functions, muscle atrophy, impaired motor functions and (or) impaired bulbar functions.
8. Severe forms of neurodegenerative diseases of the brain (parkinsonism plus).
9. Complete blindness in both eyes with the ineffectiveness of the treatment; decrease in visual acuity in both eyes and in the better seeing eye up to 0.03 with correction or concentric narrowing of the visual field in both eyes up to 10 degrees as a result of persistent and irreversible changes.
10. Complete deaf-blindness.
11. Congenital deafness with impossibility of hearing replacement (cochlear implantation).
12. Diseases characterized by high blood pressure with severe complications from the central nervous system (with persistent pronounced disorders of motor, speech, visual
Public organizations of the disabled
Decree of the Government of the Russian Federation of February 20, 2006 N 95 "On the procedure and conditions for recognizing a person as disabled"
20.02.2006
In accordance with the Federal Law "On the Social Protection of Disabled Persons in the Russian Federation", the Government of the Russian Federation decides:
1. Approve the attached Rules for recognizing a person as disabled.
Information about changes:
By Decree of the Government of the Russian Federation of September 4, 2012 N 882, paragraph 2 of this Decree was amended
2. The Ministry of Labor and Social Protection of the Russian Federation, with the participation of all-Russian public associations of the disabled, develop and, in agreement with the Ministry of Health of the Russian Federation, the Ministry of Education and Science of the Russian Federation and the Ministry of Finance of the Russian Federation, approve the classifications and criteria used in the implementation of medical and social examination of citizens by federal state institutions of medical and social expertise.
Information about changes:
Decree of the Government of the Russian Federation of September 4, 2012 N 882 amended paragraph 3 of this resolution
See the text of the paragraph in the previous edition
3. To provide explanations to the Ministry of Labor and Social Protection of the Russian Federation on issues related to the application of the Rules approved by this resolution.
4. Recognize invalid the Decree of the Government of the Russian Federation of August 13, 1996 N 965 "On the procedure for recognizing citizens as disabled" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, N 34, Art. 4127).
Prime Minister
Russian Federation X M. Fradkov
RESOLUTION
dated February 20, 2006 No. 95
Moscow city
On the procedure and conditions for recognizing a person as disabled
In accordance with the Federal Law "On the Social Protection of Disabled Persons in the Russian Federation", the Government of the Russian Federation decides:
1. Approve the attached Rules for recognizing a person as disabled.
2. (No longer valid - Decree of the Government of the Russian Federation of 10.08.2016 No. 772)
3. To provide explanations to the Ministry of Labor and Social Protection of the Russian Federation on issues related to the application of the Rules approved by this resolution. (As amended by Decree of the Government of the Russian Federation of 04.09.2012 No. 882)
4. Recognize invalid the Decree of the Government of the Russian Federation of August 13, 1996 No. 965 "On the procedure for recognizing citizens as disabled" (Collected Legislation of the Russian Federation, 1996, No. 34, Art. 4127).
Prime Minister
Russian Federation M. Fradkov
RULES for recognizing a person as disabled
(As amended by Decrees of the Government of the Russian Federation No. 247 of 07.04.2008, No. 1121 of 30.12.2009, No. 89 of 06.02.2012, No. 318 of 16.04.2012, No. 882 of 04.09.2012, No. 805 of 06.08.2015, dated 08/10/2016 No. 772, 01.24.2018 No. 60, 03.29.2018 No. 339, 06.21.2018 No. 709, 03.22.2019 No. 304, 05.16.2019 No. 607, 06.04.2019 No. 715, dated 27.06. .2019 No. 823, dated November 14, 2019 No. 1454)
I. General provisions
1. These Rules determine, in accordance with the Federal Law "On the Social Protection of the Disabled in the Russian Federation", the procedure and conditions for recognizing a person as a disabled person. Recognition of a person (hereinafter referred to as a citizen) as a disabled person is carried out by federal state institutions of medical and social expertise: the Federal Bureau of Medical and Social Expertise (hereinafter referred to as the Federal Bureau), the main bureaus of medical and social expertise (hereinafter referred to as the main bureaus), as well as the bureau of medical and social expertise in cities and districts (hereinafter referred to as bureaus), which are branches of the main bureaus.
2. The recognition of a citizen as a disabled person is carried out during a medical and social examination based on a comprehensive assessment of the state of the citizen's body based on an analysis of his clinical, functional, social, vocational and psychological data using classifications and criteria approved by the Ministry of Labor and Social Protection of the Russian Federation. Federation. (As amended by Decree of the Government of the Russian Federation of 04.09.2012 No. 882)
3. Medical and social expertise is carried out to establish the structure and degree of restriction of the citizen's life and his rehabilitation potential. (As amended by Decree of the Government of the Russian Federation of December 30, 2009 No. 1121)
4. Specialists of the bureau (the main bureau, the Federal Bureau) are obliged to familiarize the citizen (his legal or authorized representative) with the procedure and conditions for recognizing a citizen as disabled, as well as to provide explanations to citizens on issues related to the establishment of disability. (As amended by Decree of the Government of the Russian Federation No. 772 dated August 10, 2016)
II. Conditions for recognizing a citizen as disabled
5. The conditions for recognizing a citizen as a disabled person are:
a) a health disorder with a persistent disorder of bodily functions due to diseases, consequences of injuries or defects;
b) restriction of life activity (complete or partial loss by a citizen of the ability or ability to carry out self-service, move independently, navigate, communicate, control their behavior, study or engage in labor activity);
c) the need for social protection measures, including rehabilitation and habilitation. (As amended by Decree of the Government of the Russian Federation of 08/06/2015 No. 805)
6. The presence of one of the conditions specified in paragraph 5 of these Rules is not a sufficient basis for recognizing a citizen as a disabled person.
7. Depending on the severity of persistent disorders of body functions resulting from diseases, the consequences of injuries or defects, a citizen recognized as disabled is assigned I, II or III disability groups, and a citizen under the age of 18 years - the category "disabled child" . (As amended by Decree of the Government of the Russian Federation of 08/06/2015 No. 805)
8. (No longer valid - Decree of the Government of the Russian Federation of December 30, 2009 No. 1121)
9. Disability of the I group is established for 2 years, II and III groups - for 1 year.
Paragraph. (No longer valid - Decree of the Government of the Russian Federation dated December 30, 2009 No. 1121)
The disability group without indicating the re-examination period is established on the basis of the list in accordance with the appendix, as well as on the grounds specified in paragraph 13 of these Rules. (Supplemented by Decree of the Government of the Russian Federation of March 29, 2018 No. 339)
The category "disabled child" for a period of 5 years, until reaching the age of 14 or 18 years, is established for citizens with diseases, defects, irreversible morphological changes, dysfunctions of organs and systems of the body, provided for in sections I, II and II1 of the annex to these Rules. (As amended by Decree of the Government of the Russian Federation dated June 27, 2019 No. 823)
(Item as amended by Decree of the Government of the Russian Federation No. 339 dated March 29, 2018)
11. If a citizen is recognized as a disabled person, the date of establishment of disability shall be the date of receipt by the bureau of a referral for a medical and social examination (a citizen's application for a medical and social examination). (As amended by Decree of the Government of the Russian Federation dated May 16, 2019 No. 607)
12. Disability is established before the 1st day of the month following the month for which the next medical and social examination of a citizen (re-examination) is scheduled.
13. Citizens are assigned a disability group without indicating the period of re-examination, and citizens under the age of 18 are assigned the category "disabled child" until the citizen reaches the age of 18:
not later than 2 years after the initial recognition as a disabled person (establishment of the category "disabled child") of a citizen who has diseases, defects, irreversible morphological changes, dysfunctions of organs and systems of the body, provided for in Section I of the Appendix to these Rules; (As amended by Decree of the Government of the Russian Federation No. 339 dated March 29, 2018)
no later than 4 years after the initial recognition of a citizen as a disabled person (establishment of the category "disabled child") in the event that it is impossible to eliminate or reduce the degree of limitation of the citizen's life activity caused by persistent irreversible morphological changes, defects and dysfunctions of organs and systems during the implementation of rehabilitation or habilitation measures organism (with the exception of those specified in the appendix to these Rules); (As amended by Decree of the Government of the Russian Federation of 08/06/2015 No. 805)
paragraph; (No longer valid - Decree of the Government of the Russian Federation of March 29, 2018 No. 339)
The establishment of a disability group without specifying the period of re-examination (the category "disabled child" until the citizen reaches the age of 18 years) can be carried out upon the initial recognition of a citizen as disabled (establishing the category "disabled child") on the grounds specified in paragraphs two and three of this paragraph, in the absence of positive results of rehabilitation or habilitation measures carried out by the citizen before he was sent for a medical and social examination. At the same time, it is necessary that in the direction for a medical and social examination issued to a citizen by a medical organization that provides him with medical care and sent him for a medical and social examination, or in medical documents in the event that a citizen is sent for a medical and social examination in accordance with paragraph 17 of these The Rules contained data on the absence of positive results of such rehabilitation or habilitation measures. (As amended by Decree of the Government of the Russian Federation of 08/06/2015 No. 805)
Citizens with diseases, defects, irreversible morphological changes, violations of the functions of organs and systems of the body, provided for in Section III of the Annex to these Rules, upon the initial recognition of a citizen as a disabled person, a disability group is established without specifying the re-examination period, and for citizens under 18 years of age - the category " disabled child" until the citizen reaches the age of 18 years. (Supplemented by Decree of the Government of the Russian Federation of March 29, 2018 No. 339)
For citizens who applied to the bureau on their own in accordance with paragraph 19 of these Rules, a disability group without specifying the re-examination period (category "disabled child" until the citizen reaches the age of 18) can be established upon initial recognition of a citizen as disabled (establishing the category "disabled child" ) in the absence of positive results of the rehabilitation or habilitation measures assigned to him in accordance with the specified paragraph. (As amended by Decree of the Government of the Russian Federation of 08/06/2015 No. 805)
(Item as amended by Decree of the Government of the Russian Federation dated April 7, 2008 No. 247)
131. Citizens who have been assigned the category of "disabled child" upon reaching the age of 18 are subject to re-examination in the manner prescribed by these Rules. In this case, the calculation of the time limits provided for in paragraphs two and three of clause 13 of these Rules is carried out from the day he establishes the category "disabled child". (As amended by Decrees of the Government of the Russian Federation No. 247 dated April 7, 2008; No. 60 dated January 24, 2018)
14. If a citizen is recognized as a disabled person, the following causes of disability are established:
a) general illness;
b) labor injury;
c) occupational disease;
d) disability since childhood;
e) disability from childhood due to injury (concussion, mutilation) associated with military operations during the Great Patriotic War of 1941-1945;
f) military trauma;
g) the disease was acquired during military service;
h) a radiation-induced illness was acquired in the performance of military service duties (official duties) in connection with the disaster at the Chernobyl nuclear power plant;
i) the disease is associated with the disaster at the Chernobyl nuclear power plant;
j) a disease acquired in the performance of other duties of military service (official duties) is associated with the disaster at the Chernobyl nuclear power plant;
k) the disease is associated with an accident at the Mayak production association;
l) a disease acquired in the performance of other duties of military service (official duties) is associated with an accident at the Mayak production association;
m) the disease is associated with the consequences of radiation exposure;
o) a radiation-induced disease was acquired in the performance of military service duties (official duties) in connection with direct participation in the actions of special-risk units;
o) a disease (wound, contusion, mutilation) received by a person serving the active military units of the Armed Forces of the USSR and the Armed Forces of the Russian Federation, who were on the territories of other states during the period of combat operations in these states;
o1) disability due to injury (concussion, mutilation) received in connection with participation in hostilities as part of self-defense units of the Republic of Dagestan in the period from August to September 1999 in the course of counter-terrorist operations on the territory of the Republic of Dagestan; (Supplemented from January 1, 2020 - Decree of the Government of the Russian Federation of November 14, 2019 No. 1454)
p) other reasons established by the legislation of the Russian Federation.
(Paragraph as amended by Decree of the Government of the Russian Federation dated 10.08.2016 No. 772)
In the absence of documents confirming the fact of an occupational disease, labor injury, military injury or other circumstances provided for by the legislation of the Russian Federation that are the cause of disability, a general illness is indicated as the cause of disability. In this case, the citizen is assisted in obtaining these documents. When the appropriate documents are submitted to the bureau, the cause of disability changes from the date of submission of these documents without additional examination of the disabled person.
The procedure for establishing the causes of disability is approved by the Ministry of Labor and Social Protection of the Russian Federation. (As amended by Decree of the Government of the Russian Federation dated March 22, 2019 No. 304)
III. The procedure for sending a citizen to a medical and social examination
15. A citizen is sent for a medical and social examination by a medical organization, regardless of its organizational and legal form, by the body providing pensions, or by the body of social protection of the population with the written consent of the citizen (his legal or authorized representative).
The form of consent of a citizen to be sent for a medical and social examination is approved by the Ministry of Health of the Russian Federation in agreement with the Ministry of Labor and Social Protection of the Russian Federation.
(Item as amended by Decree of the Government of the Russian Federation dated May 16, 2019 No. 607)
16. A medical organization sends a citizen for a medical and social examination after carrying out the necessary diagnostic, therapeutic and rehabilitation or habilitation measures if there is data confirming a persistent impairment of body functions due to diseases, consequences of injuries or defects. (As amended by Decree of the Government of the Russian Federation of 08/06/2015 No. 805)
A citizen who is being treated in a hospital in connection with an operation to amputate (reamputate) a limb (limbs), having defects provided for in paragraphs 14 and (or) 15 of the annex to these Rules, in need of primary prosthetics, is sent for a medical and social examination on time , not exceeding 3 working days after the specified operation. (Supplemented by Decree of the Government of the Russian Federation of 06/04/2019 No. 715)
In the direction for medical and social examination by a medical organization, data on the state of health of a citizen are indicated, reflecting the degree of dysfunction of organs and systems, the state of the body's compensatory capabilities, information about the results of medical examinations necessary to obtain clinical and functional data depending on the disease in order to conduct medical - social expertise, and carried out rehabilitation or habilitation activities. (As amended by Decree of the Government of the Russian Federation dated May 16, 2019 No. 607)
The form and procedure for filling out a referral for a medical and social examination by a medical organization is approved by the Ministry of Labor and Social Protection of the Russian Federation and the Ministry of Health of the Russian Federation. (As amended by Decrees of the Government of the Russian Federation No. 607 of May 16, 2019, No. 715 of June 4, 2019)
The list of medical examinations required to obtain clinical and functional data depending on the disease in order to conduct a medical and social examination is approved by the Ministry of Labor and Social Protection of the Russian Federation and the Ministry of Health of the Russian Federation. (Supplemented by Decree of the Government of the Russian Federation of June 21, 2018 No. 709)
17. The body providing pensions, as well as the body of social protection of the population, has the right to send for a medical and social examination of a citizen who has signs of disability and needs social protection, if he has medical documents confirming violations of body functions due to diseases, consequences of injuries or defects.
The form and procedure for filling out a referral for medical and social examination issued by the body providing pensions or the body of social protection of the population is approved by the Ministry of Labor and Social Protection of the Russian Federation. (As amended by Decree of the Government of the Russian Federation of 04.06.2019 No. 715)
18. Medical organizations, bodies providing pensions, as well as bodies of social protection of the population are responsible for the accuracy and completeness of the information indicated in the referral for a medical and social examination, in the manner established by the legislation of the Russian Federation. (As amended by Decree of the Government of the Russian Federation of 08/06/2015 No. 805)
19. In the event that a medical organization, a body providing pensions, or a body of social protection of the population refused to refer a citizen to a medical and social examination, he is issued a certificate on the basis of which the citizen (his legal or authorized representative) has the right to apply to the bureau on his own . (As amended by Decrees of the Government of the Russian Federation No. 805 dated August 6, 2015; No. 772 dated August 10, 2016)
Bureau specialists conduct an examination of a citizen and, based on its results, draw up a program for an additional examination of a citizen and carrying out rehabilitation or habilitation measures, after which they consider the issue of whether he has life restrictions. (As amended by Decree of the Government of the Russian Federation of 08/06/2015 No. 805)
191. Medical organizations form a referral for medical and social examination in the form of an electronic document in the medical information systems of medical organizations or state information systems in the field of healthcare of the constituent entities of the Russian Federation, and if the medical organization does not have an information system or access to these state information systems - on paper carrier. (As amended by Decree of the Government of the Russian Federation dated May 16, 2019 No. 607)
192. Referral for medical and social examination, issued by a medical organization, and information on the results of medical examinations necessary to obtain clinical and functional data depending on the disease in order to conduct a medical and social examination, within 3 working days from the date of issuance of a referral to a medical - social expertise is transferred by a medical organization to the bureau in the form of an electronic document signed with an enhanced qualified electronic signature, using the information systems provided for in paragraph 193 of these Rules, and in the absence of access to such information systems - on paper.
The referral for medical and social examination, issued by the body providing pensions, or the body of social protection of the population, within 3 working days from the date of its execution is transferred by the body providing pensions, or the body of social protection of the population to the bureau in the form of an electronic document signed with a strengthened with a qualified electronic signature, using state information systems in accordance with the procedure for information interaction for the purpose of conducting a medical and social examination between the body implementing the pension system