General provisions of social protection of disabled people. Protection of the rights of disabled people in the Russian Federation Where to apply for the protection rights of disabled children

protection of the rights of people with disabilities

Legal measures in the system of social protection of people with disabilities are defined both in international documents and in the national legislation of individual countries. All of them are aimed at creating opportunities in the state for people with disabilities for normal life activities, including the implementation of the right to work, social security, health care, etc. granted by the Constitution of the Russian Federation to all citizens of the country. Thus, ILO Convention No. 159 on Vocational Rehabilitation and Employment people with disabilities, adopted on June 20, 1983 (Articles 2 - 4, 8), draws attention to the need to take into account the principle of equality of opportunity for people with disabilities and workers in general, including men and women. Particular attention is paid to the organization and evaluation of vocational guidance, vocational training, placement, and employment services.

The standard rules for ensuring equal opportunities for persons with disabilities are set out in UN General Assembly Resolution 48/96 of 20 December 1993. They emphasize that persons with disabilities and their organizations are full partners in society.
The fundamental international act in this area can be called the Convention on the Rights of Persons with Disabilities, adopted by the UN General Assembly on December 13, 2006. The right of persons with disabilities to life, education, work, to the most attainable standard of health, access to all types of services, equality with all other citizens before law and access to justice, etc. (Articles 5, 10, 12, 13, 23 - 25, 27, 28, etc.).
The recommendations of international documents have been adopted by many Russian regulatory legal acts. The main ones are: Labor and Housing Codes of the Russian Federation, Federal Law of the Russian Federation of July 17, 1999 178-FZ “On State Social Assistance”, -FZ “On Veterans”, Federal Law of the Russian Federation “On Social Protection of Disabled Persons in the Russian Federation”, Federal Law of the Russian Federation “ On social services for elderly citizens and disabled people" (hereinafter - the Law on social services for disabled people), Federal Law "On the fundamentals of protecting the health of citizens in the Russian Federation".
The Labor Code of the Russian Federation establishes certain guarantees in the sphere of labor for disabled people (Articles 95, 99, 128, etc.).

The Law on Social Assistance deals with social services provided to disabled people of various categories, including war veterans and disabled children.

Disabled war veterans receive special attention in the Veterans Act. For example, they have benefits for pensions, for improving housing conditions and installing an apartment telephone, paying for living space and paying for utilities; the right to receive medical care in medical organizations to which they were attached during the period of work until retirement, vocational training.

The Law on Disabled Persons guarantees this category of Russian citizens (in addition to what has already been mentioned above) the provision of qualified medical care, ensuring unhindered access to information, to social infrastructure facilities, monthly cash payments, social services (Articles 9 - 11.1, 13 - 15, 17, 28 - 28.1).

The Law on Social Services for Persons with Disabilities additionally provides for the right of this category of citizens to work in stationary social service institutions and to receive leave of 30 calendar days (Article 13).

As can be seen even from the above, Russian legislation provides ample opportunities for ensuring the normal life of persons with permanent disability, but, unfortunately, it does not always determine the specific mechanism for realizing these opportunities; a number of legal norms are generally declarative in nature. The problems associated with the implementation of the rights of persons with disabilities were repeatedly pointed out in his annual reports by the Commissioner for Human Rights in Russia. Having not received a solution to their problems in government and administrative institutions, people with disabilities have to seek judicial protection of their rights.
An analysis of judicial practice gives grounds to assert that most often disabled people have complaints about the medical and social examination that establishes disability, the provision of technical means, the provision of qualified medical care, the provision of vouchers for sanatorium-resort treatment, living space and land plots.
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According to Art. 15 of the Law on Persons with Disabilities, the planning, construction and reconstruction of administrative and residential buildings and structures are carried out taking into account adaptations for access by persons with disabilities. In practice, this legal requirement has never been properly observed. Currently, ramps have already begun to appear at the entrance to administrative buildings, but in multi-apartment residential buildings in which apartment owners live, difficulties arise with the installation of ramps. The reason is that, in accordance with Part 2 of Art. 36 of the Housing Code of the Russian Federation, owners of premises in an apartment building own, use and dispose of the common property of their home. Therefore, the issue of installing a ramp should be resolved at a general meeting of owners.

The Social Insurance Fund of the Russian Federation is quite often a defendant in civil cases when disabled people appeal to the court, since financial support for many rights of disabled people is carried out at the expense of funds at its disposal. This also applies to vouchers for sanatorium and resort treatment, which are available to disabled people.

The conditions for the provision of a voucher for sanatorium-resort treatment are, firstly, the application of a person entitled to receive it, and, secondly, the availability of medical documents necessary for the provision of a voucher for sanatorium-resort treatment. The defendant's arguments about insufficient funding and a large number of persons entitled to this type of benefits if a citizen has the right to be provided with a voucher for sanatorium-resort treatment are not grounds for denying a disabled person judicial protection of such rights.

An analysis of the current legislation regulating the legal relations of the parties in this area shows: the right of a disabled person to receive sanatorium-resort treatment as a means of rehabilitation does not depend on the presence or absence in a given region of other persons in need of such treatment. The Law on Social Assistance also does not contain a provision for a citizen to receive a voucher in the order of priority. There is reason to assert that the right to sanatorium treatment in the presence of medical indications as a means of rehabilitation of a disabled person should be exercised annually and without any conditions.

Judicial protection of the rights of people with disabilities requires generalization in the form of a resolution of the Plenum of the Supreme Court of the Russian Federation, which would provide explanations on controversial issues of application of legislation on the rights of people with disabilities. Currently, there are only isolated decisions of the highest court in civil cases in which disabled people are plaintiffs.

Of particular importance for law enforcement practice is the recognition by the Supreme Court of the Russian Federation of certain norms contained in by-laws as invalid. In this case, we can recall the decisions of the Supreme Court of the Russian Federation of January 23, 2007 and July 10, 2001.

In the first case, clause 5 of the Temporary Criteria for Determining the Degree of Loss of Professional Working Capacity as a result of industrial accidents and occupational diseases, approved by Resolution of the Ministry of Labor and Social Development of the Russian Federation dated July 18, 2001 No. 56 (with subsequent amendments and additions) was recognized as partially invalid. . This eliminates the contradiction between the norms of the departmental act and paragraph. 17th and 18th Art. 3 of the Federal Law of July 24, 1998 N 125-FZ “On compulsory social insurance against accidents at work and occupational diseases,” which is very important for persons claiming compensation for harm from compulsory social insurance funds. In violation of the legislative norms, clause 5 of the Temporary Criteria made it possible to take into account not only the ability of the victim after an accident at work or the occurrence of an occupational disease to perform work in full in his previous profession, but also the ability of the insured to perform other work, as equivalent to it in terms of qualifications and pay. , and less skilled work.

The second of the mentioned decisions of the Supreme Court of the Russian Federation declared clause 28 of the List of types of high-tech medical care, approved by Order of the Ministry of Health and Social Development of the Russian Federation of December 28, 2011 N 1690n, invalid. It included the treatment of patients (over 18 years of age) with severe motor, sensory, and coordination disorders with post-traumatic (including postoperative) lesions of the brain and spinal cord in the early recovery period (up to 1 year) using robotic mechanotherapy as a type of high-tech medical care, applied kinesitherapy. The Supreme Court of the Russian Federation considered that the content of clause 28 of the List limits the possibilities of treating patients with these types of diseases to 1 year, since further treatment of the disease with the participation of state funding is impossible.
By eliminating conflicts of legal norms and paying attention to their editorial inaccuracies, the Supreme Court of the Russian Federation, in essence, although indirectly, participates in regulating legal relations to ensure the rights of people with disabilities. When further amendments are made to legislative acts, the clarifications of the Supreme Court of the Russian Federation will undoubtedly be taken into account.

In Russia, people with disabilities have rights in almost all social and public spheres:

1. In labor legislation;
2. In housing legislation;
3. Civil and family law;
4. In legislation regulating the education of citizens;
5. In legislation regulating medical care;
6. In legislation regulating the activities of cultural institutions;
7. In legislation regulating the field of social services;
8. In pension legislation;
9. In the legal and tax areas.

Rights of persons with disabilities in the field of labor legislation:

1. Disabled workers (groups 1 and 2) are entitled to a seven-hour working day (or 35 hours a week) and receive a full salary.
2. The employer is obliged to provide a disabled employee with a labor leave of thirty calendar days. In addition to this, a disabled person can take unpaid leave during the year (the total amount of vacation days cannot exceed 60 days).
3. The employer does not have the right to engage disabled workers for overtime, night and other work without the written consent of the employee.
4. For disabled people who require special working conditions, the employer must equip their workplaces with devices and organize a workplace for them that meets the provisions prescribed in the rehabilitation program.
5. Employers must maintain quotas for jobs for disabled people, this ensures the work activity of disabled people.
6. An employer cannot fire or lay off employees with disabilities during a reduction in staff or number of employees.

Rights of persons with disabilities in the field of housing legislation:

1. Rights to additional living space have:
Disabled people with active forms of tuberculosis (of any organs and systems);
Disabled people with a mental illness that requires mandatory medical supervision;
Disabled people with musculoskeletal disorders who use wheelchairs;
Disabled people who have undergone bone marrow and internal organ transplantation;
Disabled people with severe kidney damage.
2. Disabled people have the right to receive housing at a preferential rate.
3. Disabled people have the right to a 50% discount on utility bills.
4. Disabled people have the right, first of all, to receive a plot of land for gardening and farming. In this case, the site should be located as close as possible to the place of residence of the disabled person.

Rights of persons with disabilities in civil and family legislation:

1. During the inheritance procedure, a disabled person has the right to mandatory receipt of an inheritance (even if he is not indicated in the will) of at least 2/3 of the total inheritance. If a will has not been drawn up, then the disabled person is entitled to inheritance in equal shares with the other heirs.
2. In the event of a divorce from a spouse, a disabled person has the right to receive alimony from the former spouse, i.e. for material content.

In the legislation regulating the education of citizens:

1. Children with disabilities have the right to attend special (correctional) educational - preschool, school - institutions, if there is a medical and pedagogical certificate for this.
2. When studying in general education institutions, children with disabilities have the right to be provided with special means for receiving education, to study according to a special program, to ensure free access to the institution and its premises using architectural solutions (ramps, handrails, car lifts and other means) .
3. When entering a vocational educational institution, applicants with disabilities have the right to be admitted without competition, subject to successful passing of exams.
4. Students with disabilities have the right to receive special technical aids (blind - typhlotekhnicheskie aids, textbooks in Braille), as well as to study according to an individual program, to receive a social scholarship.
5. When taking exams, students with disabilities have the right to receive additional time to prepare an answer.

In legislation regulating medical care:

1. Disabled people have the right to preferential drug coverage. This means that according to the disease that resulted in the disability, a disabled person can receive free medications according to a special list.
2. Once a year, disabled people receive a free trip to a specialized sanatorium with a two-way travel fee.
3. Disabled people enjoy the right to free prosthetics and provision.
4. Disabled people receive free medical and technical equipment and personal hygiene items in accordance with the IPR.

In the legislation regulating the activities of cultural institutions:

1. Disabled people have the right to visit a number of cultural institutions on preferential terms. For example, in museums a ticket is purchased either with a 50% payment or entry is free.
2. Citizens with disabilities have the right to unimpeded access to sociocultural institutions, which are required to provide entrances with special architectural and technical devices (ramps, lifts, etc.).
3. Disabled people can take advantage of the right to receive information in accessible formats (hearing-impaired people are provided with sign language translation and scrolling text while watching television; blind and visually impaired people have the opportunity to receive books in special formats in libraries).

Disabled people can use the following services:

Social services at home;
Social services within the framework of a day (night) hospital;
Staying in boarding houses, boarding houses and similar institutions;
Urgent service;
Advisory assistance for adaptation and socialization.

Rights of disabled people in pension legislation:

1. Disabled persons who have not accumulated insurance coverage shall receive a social pension until they reach retirement age.
2. Disabled persons who have accumulated at least one day of insurance experience receive a disability pension.

Rights of persons with disabilities in the legal sphere and tax legislation:

1. Disabled people are exempt from paying real estate taxes when filing a claim of up to one million rubles on land plots.
2. A disabled person has the right to free legal assistance.
3. Working disabled people have the right to take advantage of the social tax deduction.

Rights of a disabled child

On receiving a pension;
- 50% discount on utilities;
- a 50% reduction in housing costs (within the sanitary norm), including for family members living together;
- the right to free medicines purchased according to doctor’s prescriptions;
- the right to free milk provision at the dairy kitchen;
- the right to free travel on any type of transport once a year to the place of treatment and back to the child and accompanying person.

In our state, disabled children are disadvantaged in their rights even in comparison with disabled adults and other categories of citizens. The rights of disabled children are not equal to the rights of disabled people of groups I and II.

The life of a disabled child is multifaceted: a little person has his own dignity, his own ideas about the world around him, his own aspirations, hobbies and desires. But deficiencies in physical and/or mental health prevent them from expressing themselves, and simply “living.” Every day, the parents of a disabled child, and the child himself, are faced with unexpected problems that, in principle, should not have happened. This includes receiving education, medical care and medical care, rehabilitation, sanatorium-resort treatment, moving around the city and overcoming fairly long distances (transportation problems), receiving food and other assistance. Life becomes a complete punishment. For what?

Because the child was born unhealthy or subsequently lost his health?! Parents raising a disabled child in a family consider it most inhumane to hand over a sick child to the care of the state, having exhausted all their strength. Moreover, having ideas about boarding homes for such children.

Any step by members of such a family in raising a disabled child is given with a fight (I am not exaggerating). Everything that is prescribed by the state has to be chewed out. And why?

Even the wording: “disabled children have the right.” But nowhere will you hear “children with disabilities are provided for.” But these are different things!

Some aspects of the life of disabled children are defined by the legislation of the Russian Federation, but, for some reason, are not implemented, or are implemented, but are organized in such a way that it is not possible to use them.

Other aspects are also regulated by legislation, but are not at all aimed at improving the life of a disabled person, but at creating another bureaucratic apparatus. For example, an IPR was created not for the rehabilitation of a specific disabled person, but as a reminder for his parents, and the information contained in the IPR does not automatically reach the appropriate authorities. They don't even know about the content of each person's IPR.

Still others are defined, but they do not mention disabled children, and, accordingly, disabled children cannot use them.

Protecting the rights of people with disabilities

Unfortunately, in practice these guarantees are often not respected; representatives of certain organizations violate the rights of people with disabilities. Protecting the rights of people with special needs is one of the most pressing problems of our society today.

Legal protection of the rights of people with disabilities is the best way to defend the interests of people with disabilities.

The most frequently required protection of the rights of persons with disabilities is:

To receive additional or isolated living space;
- to receive a disability pension and other types of financial assistance (and the amount of payments is often underestimated);
- to provide free medical care, medications, rehabilitation means, and sanatorium and resort treatment;
- for employment, for the provision of special working conditions;
- for free education or for admission to educational institutions under special conditions;
- free travel on public transport;
- to receive guaranteed social services.

No less often, it is necessary to protect the rights of people with disabilities during a medical and social examination, recognizing a person as disabled, and establishing a disability group.

Rights of a disabled person of group 1

According to Federal Law No. 181-FZ, a person with certain health impairments is recognized as disabled. Such citizens are characterized by the presence of persistent disorders of body functions, which, as a rule, are caused by diseases or injuries that lead to limitation of life activity and the need for social protection.

Right to social protection

Disability of the 1st group is assigned to citizens with the most severe health disorders. The main purpose of recognizing a person as disabled is to provide the citizen with the necessary social assistance. The right to social protection is the fundamental and inalienable right of every citizen who has received the status of a disabled person.

Social protection includes some government guarantees. The authorities undertake to provide support to a person with disabilities by providing legal, economic and social measures.

Citizens who have received the status of a disabled person in the manner prescribed by law will have conditions created to overcome and compensate for limitations.

Government bodies provide social support for people with disabilities in order to bring their life opportunities closer to those of other citizens of Russian society.

In addition, every citizen legally recognized as disabled has the right:

1. For medical care.

2. Access to information. This right is ensured through the creation of audio literature for the visually impaired and the publication of books written in special fonts for the visually impaired. City libraries are provided with educational, methodological, information and reference literature for people with disabilities.

Authorized bodies provide assistance to persons with disabilities in obtaining sign language and sign language interpretation services. Citizens are provided with specialized equipment and means for perceiving sign language for hearing impairments.

3. Access to social infrastructure facilities. Government bodies are taking measures to provide disabled people with wheelchairs and guide dogs. This gives citizens the opportunity to freely gain access to residential and public buildings, recreational facilities, and transport communications.

The construction and planning of structures are carried out taking into account the installation of facilities that provide access for people with disabilities to these buildings. In the parking lots of various organizations, spaces are provided for the disabled.

4. The right to provide living space. Government bodies are working to improve the living conditions of citizens recognized as disabled. Citizens in need are provided with living quarters. They can expect a reduction in housing costs in accordance with the benefits provided.

5. Education. There is a list of diseases that allow citizens to study at home.

6. Employment. At the same time, the law establishes reduced working hours for disabled people of the 1st group. The working period per week should not exceed 35 hours.

7. Material benefits in the form of all kinds of pensions, benefits, insurance payments, payments in connection with compensation for harm and other compensation.

8. Social services, which involves the provision of medical and household services. They can be provided to a disabled person at the place of residence or treatment.

The types of such services in accordance with Ch. 6 Federal Law “On the fundamentals of social services for citizens in the Russian Federation” No. 442-FZ includes:

Home service which includes:
- Organizing meals, purchasing groceries.
- Assistance in purchasing medicines and medical products.
- Assistance in purchasing essential products.
- Assistance in obtaining medical and legal assistance.
- Assistance in organizing funeral services.
Semi-stationary services when a person is in a department of a social service institution.
Inpatient services that are necessary when a citizen is in a boarding house or boarding house.

Urgent social services, which involve providing assistance in:

In a one-time purchase of food.
Providing clothing items.
Providing basic necessities.
One-time provision of medical care.
Obtaining temporary housing.
Legal aid organizations.
Organizations of emergency medical and psychological support.
And this is social advisory assistance.

9. Creation of public associations organized to protect the rights and interests of people with disabilities.

If a disabled person of the 1st group has disabled family members, the size of the pension increases, namely:

If the disabled person has 1 disabled family member;
If a disabled person has 2 disabled family members;
If a disabled person has 3 or more disabled relatives.

Social benefits

Federal Law No. 178-FZ provides a list of benefits for citizens who have gone through the procedure of recognition as a disabled person of the 1st group.

These persons can count on such social benefits as:

Obtaining medicines and other medical products and products.
Obtaining, if there are medical conditions, vouchers for sanatorium-resort treatment for the prevention of diseases, as well as vouchers to sanatorium-resort organizations. The maximum possible time for a disabled person to stay for treatment depends on the type of illness or injury.
As a general rule, treatment lasts up to 18 days. If a disabled person visits an institution due to diseases or consequences of spinal cord and brain injuries, the treatment period is extended to 42 days.
Free travel on commuter rail.
Free travel on intercity transport if a disabled person is traveling to or from the place of treatment.
Free travel on suburban and intercity transport, as well as vouchers to sanatorium and resort organizations are provided free of charge to persons accompanying disabled people of the 1st group.

Tax benefits

Disabled people of the 1st group are provided with a number of tax benefits. To become more familiar with your rights, a citizen will need to study the norms of tax legislation.

Property tax

Objects of taxation in accordance with Art. 407 of the Tax Code of the Russian Federation recognizes real estate objects. Citizens who own such property make regular tax payments. The legislator exempts disabled people of the 1st group from the obligation to pay property tax.

Land tax

The land tax in relation to disabled people is not cancelled, however, Part 5 of Art. 391 of the Tax Code of the Russian Federation allows them to count on a reduction in its cost. Thus, according to the Tax Code of the Russian Federation, citizens recognized as disabled people of the 1st group have the right to a reduction in the tax base for land tax.

Muscovite social card

Group 1 disabled people living in the capital can become recipients of a Muscovite social card. Such plastic cards, to which funds can be transferred if desired, help people with disabilities receive social assistance in accordance with Moscow Law No. 70.

Citizens who have received the status of a disabled person of the 1st group and a Muscovite social card have the right to free travel on public and railway transport, discounts on services in hospitals, pharmacies and shops.

Disability criteria

Order No. 1024n of the Ministry of Labor and Social Protection of the Russian Federation contains an exhaustive list of criteria that allow citizens to be classified as a certain disability group.

Thus, persons can be recognized as disabled people of the 1st group if they have a health disorder accompanied by a significant disorder of body functions, which leads to limitation of life activity and necessitates social protection.

Among the main restrictions experienced by disabled people of the 1st group, the legislative act names:

A pronounced impairment of the ability to self-care, that is, the ability to fulfill physiological needs and conduct everyday activities. If such disorders are present, a person cannot take care of himself. He is completely dependent on outside help.
Severe impairment of the ability to move, that is, the ability to move while maintaining balance. With this disorder, a disabled person of group 1 has a complete inability to move and needs regular assistance.
Severe impairment of the ability to orientate. The person suffers from disorientation and needs outside support.
A severe impairment of the ability to communicate, which involves a complete inability to communicate.
A pronounced impairment of the ability to control one’s behavior, that is, the inability of a disabled person to control himself. This condition cannot be corrected, which creates a constant need to monitor the patient.
Severe learning disability implies an inability to engage in any type or method of learning.
A pronounced impairment of the ability to work means that a person is contraindicated for work or cannot carry it out.

How to obtain disabled status

Decree of the Government of the Russian Federation No. 95 contains norms describing the procedure for a citizen to obtain the status of a disabled person of the 1st group.

Preparation of title documentation

Preparatory actions when registering a disability involve making a visit to the citizen’s attending physician. The specialist will introduce the patient to the conditions and procedure for obtaining disabled status and tell him what documents he needs to prepare.

Among the main documents that a citizen needs to collect are:

A referral for examination, which is drawn up directly by the patient’s attending physician. In the referral, the doctor reflects information about the state of health, the degree of impairment of body functions, compensatory capabilities and rehabilitation measures taken in relation to the person.
Application for a medical and social examination. It can be filled out by the citizen entitled to receive a disability, or by his representative.
Citizen's passport.
Certificate of income.
Act on industrial injury or occupational disease.
An outpatient card received at the medical institution where the patient is observed.
Characteristics from the place of work or study.

Conditions for recognition of disability

Domestic legislation contains a list of conditions without which citizens cannot be recognized as disabled.

Such conditions put forward certain requirements for the status of a citizen wishing to register a disability, namely:

The citizen must have a health disorder and a persistent disorder of body functions.
The person must be limited in life activities in accordance with the list of disability criteria.
A candidate for disability must be in need of social assistance.

If only one of the listed conditions is met, then the citizen cannot be recognized as disabled. This status is recognized only for a person whose condition implies compliance with all specified conditions.

The work of the medical commission to conduct the examination

Recognition of disability occurs on the basis of the results of a medical and social examination.

Having collected the necessary documentation, the citizen goes to the bureau that conducts the examination at his place of residence.

If a citizen is unable to move, as happens with disabled people of group 1, the examination will be carried out at the applicant’s home.

The examination should be carried out by medical specialists, as well as bureau employees who specialize in the rehabilitation of citizens and social work. In addition, the expert commission includes a psychologist.

The purpose of the examination is to establish the structure and degree of limitation of a citizen’s life activity, as well as the level of his rehabilitation potential.

The essence of the examination is:

In the examination of the applicant.
Analysis of the title documentation provided by him.
Studying the social and living conditions of a citizen.
Analysis of the psychological state of a person.
Studying the family status and labor capabilities of a citizen.

Protocol of medical specialists

The norms of Order No. 229 of the Ministry of Labor of Russia indicate that, when conducting an examination, specialists from the bureau draw up a protocol. This order contains a standard form according to which the document is drawn up.

As a rule, it contains information established as a result of the examination of the applicant and relating to:

Dates of receipt of the application for participation in ITU.
Dates and times of inspection.
Information about the candidate for obtaining the status of a disabled person of the 1st group.
Marital status of the citizen.
Information about the education and work activity of the person.
Information on the inspection procedure.
Clinical and functional data obtained during the examination.
Causes of disability.
Conclusions of the bureau specialists.

The completed protocol is signed by each of the medical specialists who conducted the examination, as well as by the head of the expert organization.

The document must contain the seal of the bureau whose employees conducted the medical and social examination.

Medical and social examination report

In the medical and social examination report, the specialists who conducted the examination indicate their decision to recognize the citizen as disabled.

Order of the Ministry of Labor of Russia No. 228n regulates the form of the act drawn up as a result of a medical and social examination.

In this act you can find such important information as:

Information about a citizen entitled to receive a disability.
A decision made based on the results of a citizen’s examination, which includes:
Characteristics of the type and degree of health disorders of a person and limitations of his life activity.
The assigned disability group or a record of refusal to award it.
Reasons for acquiring disability by a citizen.
The degree of a citizen's loss of ability to work.
The date for which the re-examination is scheduled.

The drawn up act is certified by the signatures of specialists and the head of the bureau. The certificate of conducting the ITU is kept in the bureau for at least 10 years.

Recognition of disability

The results of the examination are discussed by specialists. The decision of the commission that conducted a medical and social examination of a citizen to establish disability is made by a majority vote. All specialists who participated in the examination of the citizen participate in the voting.

The decision of the commission that conducted the examination is announced to the citizen or his representative in the presence of the specialists who carried out the inspection. If necessary, experts provide explanations regarding the content of their decision.

Disability award results

If a citizen has been assigned the status of a disabled person of the 1st group, then he must remember that such status is established for 2 years - until the next re-examination.

A citizen who has been recognized as disabled will receive a disability document and an individual rehabilitation program.

Employees of the bureau that conducted the examination will send an extract about the commission’s decision to the pension authorities that accrue payments to the disabled person.

This extract is sent electronically or on paper within 3 days from the date of the decision to recognize the person as disabled.

Refusal to recognize disability of a certified citizen

Citizens who have been denied recognition of disability can appeal the commission's decision. Complaints are submitted to the main bureau within 30 days.

After receiving the complaint, the main bureau will appoint a new examination, based on the results of which a final decision will be made on the complaint of the dissatisfied citizen. A new examination will be carried out no later than 1 month from the date of receipt of the citizen’s application.

The decision of the main bureau can be appealed to the Federal Bureau within 1 month. This body will also set the date for a new examination of the person no later than 1 month from the date of receipt of the application.

The decisions of each of these bureaus can be appealed by citizens or their legal representatives in court.

Thus, citizens whose health status meets the criteria described in regulations can apply for an examination to establish disability. Based on the results of the examination, medical specialists will make a decision to recognize the person as a disabled person of the 1st group.

Rights of a disabled person of group 2

Disabled people are considered federal beneficiaries and can claim benefits in almost all socially significant areas.

First of all, you need to submit documents to the Pension Fund located at your place of residence that confirm your right to receive a disability pension, and apply for either a social pension (as a non-working person) or a labor disability pension (if you have work experience). The choice of the type of pension is carried out at the request of the disabled person.

A set of social services (social package taking into account indexing until April 1 of this year):

To receive medications;
voucher to a sanatorium;
travel to the sanatorium (by train, plane, bus).

Medicine and healthcare:

1. There is a list of free medicines for the treatment of the category of disease for which disability is registered, and for maintaining health. When visiting a doctor, a patient with a disability must confirm the presence of disability with the relevant documents: a VTEK certificate and register with the district clinic at the place of residence. Non-working disabled people II gr. have the right to receive medicines free of charge, working disabled people of group II. – with a 50% discount.
2. Disabled people are given the opportunity to receive treatment and maintain their health in sanatorium-preventive institutions.

Non-working disabled people can obtain vouchers to sanatoriums for free.

Working disabled people are given sanatorium vouchers on a preferential basis.

Disabled persons who have received an occupational disease or work injury are issued vouchers for treatment in sanatoriums at the expense of their employer.

According to the Labor Code of the Russian Federation, a group II disabled person can:

Work a seven-hour work schedule with the condition of maintaining full salary;
apply for another labor leave of thirty calendar days;
during the year, take an additional vacation at your own expense for a total of 60 calendar days.

In addition, disabled person II gr. is not involved in overtime work, work on holidays and weekends, without confirming his consent in writing.

A working disabled person enjoys a preferential tax deduction (income tax of 13% is deducted from the salary and from the amount received).

Getting an education

Group II disabled people entering educational, higher or secondary specialized institutions upon presentation of a certificate of disability are enrolled in educational institutions without competition upon successful passing of exams.

Students with disabilities receive a scholarship regardless of the success of their studies.

Housing and communal benefits for disabled people of group 2

Disabled people II gr. can count on receiving a discount of at least 50% on payment for premises (houses from the state or municipal housing stock) and payment for utility bills (regardless of the ownership of the housing estate), and in residential buildings where there is no centralized heating - on the cost of fuel, which is purchased at prices established for the population.

Compensation payments must be submitted to the Pension Fund (PF) at your place of residence.

To apply for a CP you will need the following documents:

1. Passport;
2. A document (certificate, certificate) that confirms the right to receive benefits in this segment for disability;
3. A certificate stating the number of family members registered (living) in the apartment or private house;
4. Latest paid utility bills.

Transport

Disabled people 2 gr. enjoy benefits for travel on public transport within the city and surrounding areas. To do this, at the institution where you receive your pension (bank, PF), you must purchase a personalized travel document “Unified Social Travel Ticket,” which must be presented in public public transport (except for various types of taxis), both urban and suburban.

Property and housing law

According to the civil and family codes, a group II disabled person has the right to a share of the inheritance of 50%.

Disabled people who need better housing conditions must be provided with housing, taking into account the benefits specified by the laws of the Russian Federation and legislative documents of the constituent entities of the Russian Federation.

In addition, disabled people, on a preferential basis, can receive land plots to build a house, run a subsidiary or dacha farm, or garden.

Tax benefits for disabled people of 2 groups:

1. Disabled people II gr. are exempt from property tax for individuals.
2. Passenger cars that are specially converted for use by disabled people and have a capacity of up to one hundred horsepower, which are obtained with the help of social authorities, are not subject to tax.
3. Land tax. The legislation provides for a reduction in the tax base (i.e. cadastral value) if a plot of land is registered as the property of a disabled person.

To apply for a tax benefit, you must contact the tax office at your place of residence and present documents confirming the presence of a disability.

State duty

Disabled people are exempt from paying state fees when applying to a court of general jurisdiction, in the event of a claim for property in an amount of damage less than 1 million.

Legal services

Disabled people II gr. have the right to receive benefits: 50% on all types of notary services.

Benefits for disabled people of group II who have children

At school, a child whose one of the parents (or both) has a disability of group I or II is provided with two meals a day (breakfast and lunch).

In order to apply for this benefit, you need to submit a certificate confirming your disability to the school administration and write an application.

Rights of a disabled person of group 3

Or, for example, if a person is injured at work, then in the future the amount of his salary is multiplied by 0.6 and by the percentage of the risk class.

Disability pension: registration, types, purpose

Therefore, the list of benefits that you will read below is far from exhaustive. You can obtain more detailed information from the social protection authorities. Or find out from the Labor Code, or at the workplace. The clinic will best explain to you where to go regarding benefits for medications and prosthetic and orthopedic products. The best place to tell you about tax benefits is the tax office. That is, you must contact a specific address for each benefit.

Group III disabled people are provided with:

1. Exemption from taxes on property of individuals (only for disabled people since childhood) (Article 4, in accordance with Federal Law N 181-FZ “On social protection of disabled people in the Russian Federation”).
2. Exemption from paying the registration fee for individuals who have expressed a desire to engage in entrepreneurial activity (only for disabled people of group III since childhood).
3. Exemption from paying the fee for issuing a warrant for an apartment (only for disabled people of group III since childhood).
4. Tax exemption for passenger cars specially equipped for use by disabled people, as well as for passenger cars with a capacity of up to 100 horsepower, received through social security authorities in the manner prescribed by law.
5. 50% discount on the purchase of medicines, medical products, dressings according to doctors’ prescriptions (only for disabled people recognized as unemployed in the prescribed manner).
6. Providing qualified medical care free of charge or on preferential terms in hospitals and outpatients.
7. Free provision of necessary technical means of rehabilitation, prosthetic and orthopedic products.
8. 50% discount on payment for housing (in houses of state, municipal and public housing stock) and utilities (regardless of the ownership of the housing stock), and in residential buildings that do not have central heating - fuel purchased within the limits established for sales to the public.
9. The right to additional living space in the form of a separate room in accordance with the list of diseases approved by the Government of the Russian Federation. This right is taken into account when registering for the improvement of living conditions and the provision of residential premises in houses of the state or municipal housing stock. Additional living space occupied by a disabled person is not considered excessive and is subject to payment in a single amount; Please note that the wording reads as follows: “Disabled people may be provided with residential premises under a social tenancy agreement with a total area exceeding the norm for provision per person (but not more than twice), provided that they suffer from severe forms of chronic diseases provided for list established by the federal executive body authorized by the Government of the Russian Federation.”
10. Preservation of living quarters for a disabled person for six months in houses of the state, municipal or public housing stock when he is placed in a stationary social service institution.
11. The priority right to receive land plots for individual housing construction, farming and gardening.
12. Creation of necessary working conditions in accordance with the individual rehabilitation program. It is not allowed to establish in collective or individual labor contracts working conditions for disabled people (wages, working hours and rest periods, duration of annual and additional paid leave, etc.) that worsen the situation of disabled people in comparison with other employees.
13. Providing annual leave of at least 30 calendar days.
14. Providing, on the basis of a written application from a working disabled person, leave without pay for up to 60 calendar days per year.
15. Involvement in overtime work, work on weekends and at night only with the consent of the disabled person and provided that such work is not prohibited by medical recommendations.
16. Exemption from payment of insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the State Employment Fund of the Russian Federation, the Compulsory Medical Insurance Fund (for disabled people engaged in entrepreneurial activities and receiving disability pensions). Today the wording is as follows: “During the transition period, reduced rates of insurance premiums are applied for payers of insurance premiums specified in paragraph 1 of part 1 of Article 5 of this Federal Law: for payers of insurance premiums making payments and other rewards to individuals who are disabled I, II or III groups - in relation to the specified payments and rewards, for public organizations of disabled people, for organizations whose authorized capital consists entirely of contributions from public organizations of disabled people and in which the average number of disabled people is at least 50%, and the share of wages of disabled people in the fund wages is at least 25%, for institutions created to achieve educational, cultural, medical and recreational, physical education, sports, scientific, information and other social goals, as well as to provide legal and other assistance to people with disabilities, disabled children and their parents (other legal representatives), the only owners of whose property are public organizations of disabled people, with the exception of payers of insurance premiums engaged in the production and (or) sale of excisable goods, mineral raw materials, other minerals, as well as other goods in accordance with the list approved by the Government of the Russian Federation on the proposal of all-Russian public organizations of disabled people.”
17. A standard tax deduction is provided for each month of the tax period when paying personal income tax (only for disabled people since childhood) (document 28, article 218);

Currently, the wording reads as follows: “When determining the size of the tax base in accordance with paragraph 3 of Article 210 of this Code, the taxpayer has the right to receive the following standard tax deductions:

For each month of the tax period, it applies to the following categories of taxpayers: disabled military personnel who became disabled in groups I, II and III due to injury, concussion or injury received while defending the USSR, the Russian Federation or while performing other military service duties, or received as a result of illness associated with being at the front, or from among former partisans, as well as other categories of disabled people who are equal in pension benefits to the specified categories of military personnel;
The tax deduction for each month of the tax period applies to the following categories of taxpayers: disabled people since childhood.

In addition to the above, disabled people of group III have the right to:

Receiving monthly monetary compensation (citizens recognized as disabled due to post-vaccination complications);
Receiving monetary compensation in the amount of 50% of the paid insurance amount under the contract of compulsory civil liability insurance for vehicles received in the manner prescribed by law through the social protection authorities. The wording is as follows: “Disabled persons (including disabled children) who have vehicles in accordance with medical indications, or their legal representatives, are provided with compensation in the amount of 50% of the insurance premium they paid under a compulsory insurance contract”;
Repeated receipt of free vocational education in the direction of the state employment service in the event of loss of the opportunity to work in the specialty in case of disability.

For example, you are entitled to a benefit when paying for housing, but for some reason the ERCC tells you that you are not entitled to this benefit. This means that you are considered an ignorant person! Fight for your rights.

To receive benefits for housing, utilities and purchased fuel, disabled people and families with disabled children apply to organizations that collect payments for housing, utilities and purchased fuel (in particular, HOAs, MU "DEZ", ERKTs and etc.). The basis for providing benefits is a certificate of disability. If a refusal to provide a benefit is detected, the most effective way to protect one’s rights is to contact the prosecutor’s office.

It should be emphasized that a 50% discount is provided to disabled people for the payment of any utility services, regardless of the disability group.

The easiest way in this situation is to file a complaint with the prosecutor's office. You can also file a lawsuit against the organization that violated your rights, for example, the city gas company, with a demand to provide you with the benefits required by law and recalculate utility bills for previous periods.

Rights of a working disabled person

Rights and benefits of working disabled people

Any work organization that employs more than 30 people is provided with a quota for the admission of disabled people as a percentage of the average number of employees from 2 to 4 percent. This quota is established by government agencies of the regions of the Russian Federation. If the organization does not fulfill this quota, then the employer has to pay a monthly fee to the budget of the region of the Russian Federation. Those. we can conclude that it is more profitable for the employer to fulfill the quota than to make mandatory payments, because this will significantly reduce taxes.

All rights and benefits of working disabled people are clearly described in the Labor Code of the Russian Federation (LC RF) and Federal Law No. 181-FZ “On the social protection of disabled people in the Russian Federation”. Article 23, for example, of this law, as mentioned above, does not allow discrimination against disabled workers, and also part 1 of this article states that the working week for disabled people of groups 1 and 2 is no more than 35 hours, with In this case, the salary is retained in full. An exception is the situation when a disabled person works on a part-time basis by personal agreement. In this case, he will receive a salary corresponding to the time worked. The working day of a disabled person should last no more than the time specified in the IPR. In general, when applying for a job, the employer is obliged to conclude an additional employment contract with a disabled person, which will specify the duration of working hours.

Involving a disabled person to work beyond the established time prescribed in the IPR, on holidays, on weekends and at night, is possible, but only with the personal consent of the employee, executed in writing. At the same time, Articles 96, 99 and 113 of the Labor Code of the Russian Federation state that the employer is obliged to inform the disabled person, upon signature, that he has the right to refuse these types of work.

If this happens, and the disabled employee has given his consent to work beyond the time established in the IPR, then in accordance with Part 5 of Article 99 of the Labor Code of the Russian Federation, the employer is obliged to perform the following actions:

1. Document the disabled person’s consent to overtime work in writing;
2. Review the IPR and make sure that there are no medical contraindications;
3. Upon signature, familiarize the disabled person with his right to refuse these types of work.

Payment for such types of work is provided in accordance with the general procedure.

According to Article 23 of Federal Law No. 181, a disabled person has the right to annual extended paid leave of at least 30 days, and not regular leave, which lasts 28 days. In addition, Article 128 of the Labor Code of the Russian Federation states that he can be granted leave at his own expense for at least 60 days a year.

In cases where a disabled employee needs to be transferred to another lower-paid type of work due to medical indications, the employer must transfer him and, within one month after the transfer, maintain his previous earnings.

A disabled employee has the right to a 50% discount on the payment for medicines prescribed by a doctor, as well as half payment for SCL. In the latter case, the remaining half is paid by the organization in which he works.

When can an employer fire a disabled person?

In accordance with Part 3 of Article 73 of the Labor Code of the Russian Federation, if, for medical reasons, a disabled employee needs a temporary transfer to another type of work for a period of more than 4 months or a permanent transfer, then if he refuses in accordance with paragraph 8 of Part 1 of Article 77 of the Labor Code of the Russian Federation, the employer can calmly transfer him dismiss without any consequences for yourself. Also subject to dismissal are those disabled people who, according to medical indications, are no longer capable of working.

Rights of disabled people from childhood

A child's disability is an incredible grief for him and his loved ones. In order to somehow make their life easier, the state is developing laws relating to various areas, such as medicine, pensions, labor law, training, housing, taxes, etc.

Medicine and spa treatment

The legislation provides for the right to free medicines and rehabilitation products with a doctor’s prescription (Resolution of the Government of the Russian Federation No. 890).

In addition, a disabled child and his accompanying person are entitled to a free sanatorium voucher (if this person works, with the issuance of a certificate of temporary incapacity for work).

Education and training

Adaptation in society is extremely important for children with disabilities. They have the right of priority for admission to a preschool institution (Decree of the President of the Russian Federation). Parents have the right to be exempt from paying for kindergarten (Resolution of the Supreme Council of the Russian Federation No. 2464-1).

If the child’s condition does not allow him to attend a regular kindergarten, he is sent to a specialized institution.

If it is impossible to study at school, the child is provided with classes at home and in non-state educational institutions (Resolution of the Government of the Russian Federation No. 861).

Housing

Families with a child with a disability have the right to priority provision of residential premises (especially if it is necessary to improve living conditions and with severe forms of chronic illnesses of the child).

They also have the right to additional space in the form of a room or an additional 10 sq.m. if the child suffers from one of the diseases listed in Decree of the Government of the Russian Federation No. 214 and Order of the Moscow Department of Health No. 175.

In addition, such families are provided with land plots first, and there is also a 50% discount on payments for apartments and utilities.

Job

Women with a disabled child under 16 years of age have the right to work part-time or a week, and to refuse overtime work and business trips. No employer has the right not to hire a woman because her child is disabled.

In addition, it is also impossible to fire a single mother of such a child, except in cases of liquidation of the company. But then the mother is obliged to immediately find another job.

In addition, parents of a child with disabilities receive 4 additional days off per month. All these benefits are regulated by the Labor Code.

Pension

Children with disabilities have the right to a social pension with bonuses, and able-bodied family members who do not work to care for them are entitled to a benefit in the amount of 60% of the minimum wage (Decree of the President of the Russian Federation No. 551). If the mother of a disabled child raises him until he is 8 years old, she is entitled to receive a pension from the age of 50 (if she has 15 years of work experience), and the time spent caring for the child is regarded as work (RF Law “On State Pensions”).

Taxes

Parents can take advantage of the following benefit - reduce the taxable income of the family by an amount of income not exceeding three times the monthly minimum wage of one of them, subject to maintenance that requires constant care for a disabled child.

Transport

Travel on public city and suburban transport is free for the child and the accompanying person, in accordance with the Federal Law of the Russian Federation “On the social protection of disabled people in the Russian Federation.” A 50% discount is provided on intercity air, rail, river and road lines (from October 1 to May 15 - unlimited, in the summer - 1 time there and back).

Rights of the mother of a disabled person

It is even more difficult to raise such children, who need several times more care, attention and warmth, not to mention constant medical care, which requires significant financial expenses.

The legislation of the Russian Federation provides additional benefits for parents with a disabled child, about which we will inform you in detail.

Status "disabled child"

First, let us recall what exactly is meant by the status of a disabled child.

According to Article 1 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation”, this is a person who has serious impairments in the vital functions of the body, due to injuries, illnesses or from birth itself, and therefore the activities of this person are limited and are expressed in the inability to care for themselves and control their behavior, inability to move independently, navigate in space and learn.

Such children are assigned a disability group, depending on the degree of impairment of body functions.

Benefits for parents of disabled children established by the Labor Code of the Russian Federation

Working parents of disabled children have a number of preferential conditions that will allow them to pay more attention to the child and, at the same time, not stop working.

Employers are obliged to accommodate such people and, at their request, establish a part-time or part-time work week.

In this case, there are only restrictions on the wages that the parent receives based on the number of hours worked.

There should be no monetary deductions from the annual vacation allowance and no reduction in the vacation period!

The Labor Code of the Russian Federation provides the following benefits for working parents of a disabled child:

Article 263. Parents of disabled children are granted unpaid leave of 14 calendar days, which they can use at any time necessary for them.
Article 262. One of the parents of a disabled child is granted 4 paid days off per month upon his written application based on a certificate from the social protection authorities. The document is issued at the place of residence by the territorial authority. To obtain a certificate, a parent must provide a certificate of disability of the child, a document stating that he is not under state care in a special institution, and a certificate from the school if he is studying there.
Article 259. A parent of a disabled child may be required to work overtime or on weekends and holidays, transferred to the night shift, or sent on a business trip for several days only with his written permission, where the employee must confirm that he is aware of his right to refuse such types of activities.
Article 179. Single mothers raising a disabled child cannot be dismissed either at the initiative of the employer or due to staff reduction. Even in the event of liquidation of an enterprise, when absolutely all employees are fired, the administration must take care of possible other employment for such an employee.

Social benefits for parents of disabled children

Nowadays, a targeted policy is being pursued to adapt disabled children into society. And the people surrounding such families, and even officials, contribute to the full presence in society of children who, by coincidence, have become less active in life.

In this regard, the Federal Law “On Education” provides for Article 52.1. Children with disabilities who do not pose a danger to others have the right to attend preschool educational institutions, and their parents are completely exempt from paying for them.

By separate Presidential Decree No. 1157, disabled children are provided with free vouchers to medical, preventive and health institutions.

Housing benefits for parents of disabled children

According to Article 17 of the Federal Law “On Social Protection of the Population”, families with disabled children are provided with a discount:

50% for payment of living quarters in state-funded houses;
50% discount on utility bills, regardless of whether the property is owned or not;
50% on the cost of fuel if the residential premises do not have central heating.

To apply for the appropriate benefits, the following is required:

Identity document (passport);
certificate of disability of the child;
his birth certificate;
certificate of registration at the place of residence according to form No. 9;
a certificate of family composition confirming the joint residence of a disabled child with his parents;
certificate of ownership of an apartment or house, if the property was acquired or privatized by parents.

Based on the same article, if children suffer from serious chronic diseases specified in the list provided by the Government of the Russian Federation, then parents have the right to receive additional living space under a social rental agreement, which can exceed the state norm for one person by no more than 2 times .

The same law “On Social Protection of the Population” gives parents of disabled children a priority right to receive a plot of land for use for individual construction or gardening.

Tax deduction benefits are provided to parents of disabled children, based on Article 217 Part II of the Tax Code of the Russian Federation. They are presented in the form of a monthly deduction on the income of individuals. If a parent is raising a disabled child alone, the deduction is doubled.

Parents of disabled children have the right to early retirement if they raised a disabled child from childhood until he reaches at least 8 years of age.

Please note: this benefit is provided to one of the parents.

Thus, in accordance with Article 28 of Federal Law No. 173 “On Labor Pensions in the Russian Federation,” an old-age labor pension is assigned to a man from 55 years of age with 20 years of experience, and to a woman from 50 years of age - with 15 years of experience.

The work experience also includes a period of no more than 3 years when, while caring for a disabled child, the parent did not work, but this time was preceded and followed by periods of working activity, regardless of their duration.

According to Article 90 of the Family Code of the Russian Federation, in the event of a divorce, the mother of a disabled child, who takes care of him and cannot work due to this, has the right to alimony for both the child and herself.

In these ways, the state supports people who find themselves in a difficult situation related to a child’s disability.

The right of people with disabilities to housing

Division by principle

In accordance with the provisions of Article 17 of Federal Law No. 181-FZ, disabled people and families with disabled children in need of improved housing conditions are registered and provided with living quarters in the manner prescribed by the legislation of the Russian Federation.

It should be noted that the law does not establish criteria by which only disabled people of a certain group can receive housing. The main criterion is the time of registration as those in need of improved housing conditions, respectively, before January 1, 2005 and after January 1, 2005.

Those citizens who registered before January 1, 2005 have the right to receive funds for the purchase of housing from subventions transferred to the relevant constituent entity of the Russian Federation. However, currently this procedure applies to WWII veterans and disabled people. At the same time, in accordance with Article 31 of Federal Law No. 181-FZ and the provisions of Article 6 of Federal Law No. 189-FZ, disabled people registered before January 1, 2005 retain their right to receive housing under social tenancy agreements.

But for disabled people who registered after January 1, 2005, housing is provided in accordance with the norms of Article 57 of the Housing Code of the Russian Federation in order of priority based on the time they were registered. True, according to Part 2 of Article 57 of the Housing Code of the Russian Federation, citizens suffering from severe forms of chronic diseases can receive residential premises out of turn.

Compliance factor

Decree of the Government of the Russian Federation No. 901 “On providing benefits to disabled people and families with disabled children to provide them with living quarters, payment for housing and utilities” approved the grounds for recognizing disabled people and families with disabled children as needing improved housing conditions:

The provision of housing for each family member is below the level established by the executive authorities of the constituent entities of the Russian Federation;
living in a residential premises (house) that does not meet established sanitary and technical requirements;
living in apartments occupied by several families, if the family includes patients suffering from severe forms of certain chronic diseases, in which living together with them (according to the conclusion of state or municipal health care institutions) in the same apartment is impossible;
living in adjacent non-isolated rooms for two or more families in the absence of family relationships;
accommodation in dormitories, with the exception of seasonal and temporary workers, persons working under a fixed-term employment contract, as well as citizens settled in connection with their studies;
living for a long time on a sublease basis in houses of the state, municipal and public housing stock, or renting in the houses of housing construction cooperatives, or in residential premises owned by citizens who have no other living space.

Show your documents

Registration of citizens with disabilities as those in need of residential premises is carried out by the local government body on the basis of applications from these citizens. You must submit documents either to the specified authority at your place of residence or through a multifunctional center.

A disabled person applying for housing submits an application, to which is attached:

Extract from the house register;
A copy of the financial personal account;
A copy of a certificate confirming the fact of disability and a copy of the individual rehabilitation program for a disabled person;
Other documents taking into account specific circumstances, for example, certificates from the technical inventory bureau or health care institutions.

Establishing the fact of disability, the causes of disability, and the need of a disabled person for various types of social protection is carried out in accordance with the results of a medical and social examination, which is carried out by federal institutions of medical and social examination.

The current legislation does not determine whether a disabled person can submit the relevant documents personally or through legal representatives. At the same time, a disabled person applying for housing has the right to delegate his rights to a legal representative by drawing up the appropriate power of attorney in a notarial manner.

Standard footage

The standard area for residential premises provided under a social tenancy agreement is established by local authorities. For example, in Moscow the norm is established in accordance with Article 20 of Moscow City Law No. 29 and is 18 square meters per person. In this case, the area of ​​living space may exceed the norm for one person, but not more than twice if such a room is one room or a one-room apartment.

A similar rule is contained in Article 17 of Federal Law No. 181-FZ, which also specifies that the area of ​​provision increases if a disabled person suffers from a severe form of chronic diseases approved by Government Decree No. 817 of the Russian Federation.

When providing housing to disabled people and families with disabled children, the recommendations of the individual rehabilitation program for the disabled person, his state of health, as well as other circumstances, such as proximity to a medical institution or the place of residence of relatives and friends, are taken into account.

Rights of a disabled person when parking

Disabled parking

Disabled people are among the citizens who are provided with free parking spaces.

So that the vehicle of a person with a disability of group 1 or 2 can be easily identified, such drivers install a special identification mark on the car.

Parking lots for disabled people are marked with special signs. Usually the “Disabled Persons” sign is located under the “Parking Place” sign. Also, parking staff for disabled people use special road markings.

Federal Law No. 181-FZ indicates that parking for disabled people must occupy at least 10% of the total number of parking spaces for vehicles.

The Code of Administrative Offenses of the Russian Federation contains punitive rules for persons who violate the rules for placing cars in parking areas for persons with disabilities.

Administrative penalties for violations related to parking for disabled people

For violating the rules on allocating spaces for disabled people in parking lots and stops, officials face a fine of up to 5 thousand rubles.

Legal entities that do not place on their territory a sufficient number of places for disabled people's cars will be required to pay a fine in the amount of 30,000 to 50,000 rubles. This rule is established within the framework of Art. 5.43 Code of Administrative Offenses of the Russian Federation.

In Part 2 of Art. 12.19 of the Code of Administrative Offenses of the Russian Federation provides for punishment for persons who violate the rules of stopping and parking in places designated for parking for disabled people. Such violators will have to pay a fine.

Parking in Moscow for disabled people

According to current regulations, persons with disabilities receive free parking spaces based on permits.

Car owners with disabilities can park their vehicles in specially designated areas around the clock.

If a disabled person stops the car in places that are not equipped for persons with disabilities, then he will need to pay for parking.

Moscow Government Decree No. 289-PP establishes rules governing the procedure for monitoring parking spaces for people with disabilities.

According to this regulatory act, Moscow authorities maintain a special register of parking permits for people with disabilities. The formation of the register is carried out by employees of an institution called “Administrator of the Moscow Parking Space”, which is abbreviated as GKU “AMPP”.

The register contains information including:

Registration number and validity period of the parking permit;
Full name of the disabled person;
information about the place of residence of the vehicle owner;
contact details of the disabled person or his legal representative;
make and state registration plate number of the car;
date and period of determination of disability;
SNILS;
name of the preferential category.

Car owners with disabilities have the right to obtain a permit for free parking for a car that:

Is owned by a disabled person;
is the property of the legal representative of a disabled child;
was issued to a disabled person by social security authorities due to medical indications;
belongs to persons transporting a disabled person. The only exceptions to the rule are cars used for paid transportation of passengers;
equipped with a special “Disabled” sign.

How to apply for a permit?

Persons with disabilities or their representatives can apply for a parking permit at the multifunctional center.

In addition to the application, a person applying for a free parking permit for a disabled person should have the following documents with him:

Applicant's passport;
passport of the applicant's representative;
certificate of disability;
a document confirming the authority of the representative of a disabled child.

MFC employees review the application and the documents attached to it within 10 days.

The application can also be submitted electronically. To do this, the applicant will need to submit documents through the Moscow government services website.

To send a package of documentation, you need to open the pgu.mos.ru page, go to the “Transport” tab and upload scanned versions of all papers.

Free parking for large families

Government authorities provide for the issuance of free parking permits to large families. But 1 family has the right to obtain only 1 permit. It will operate within the paid city parking zone. The permit is valid for 1 year.

You can only obtain a permit for a car without arrears on administrative fines. It is also necessary that the vehicle for which the permit is issued be the property of one of the parents or adoptive parents in a large family.

Now we see that the state is taking measures to socially protect people with disabilities and members of large families. Such citizens can contact the MFC to apply for a free parking permit and receive the appropriate permits just 10 days after submitting the application.

Family law for people with disabilities

Such persons include disabled and minor children, as well as a disabled spouse, parents (adoptive parents) and dependents of the deceased. This rule applies if the testator has drawn up a will for all his property, without indicating these citizens in it for one reason or another.

If a will was not drawn up at all, then these citizens inherit the property of the deceased in equal shares with all other persons called to inherit. You need to remember some rules when applying for an inheritance to avoid unnecessary and troublesome difficulties that arise if these rules are not followed. An application for inheritance must follow after the death of a person to a notary at the place of permanent residence of the testator, and if it is unknown, then at the location of the property or its main part.

Do not despair if the deceased in the last years of his life lived in a place that, for one reason or another, is as inaccessible to you today as Everest. You just need to try to agree with one of the acquaintances of the deceased who lived with him to draw up a power of attorney in their name and send them a certificate of inheritance in your name for registration. All this must be done within six months after the death of the testator, otherwise you will have to go through the court to restore the missed deadline and demand recognition of your right to inheritance.

In family law, a disabled spouse in need, including a disabled person, has the right to alimony from the other spouse both during the period of marital relations and in the event of divorce, if the incapacity for work occurred during the period of marital relations or within a year after their termination ( Articles 89, 90 of the Family Code). The amount of alimony is determined by agreement between the spouses or through the court in a fixed amount (which, however, may change if the amount of the minimum wage changes).

It must be remembered that the payment of alimony in these cases is made subject to two conditions: the spouse’s incapacity for work (this includes disabled people of groups 1, 2 and 3), and need, which is determined based on the subsistence level, determined by the territory in which the citizen who applied for it lives. assignment of alimony.

Rights of disabled people at work

Let's start with the fact that a disabled person is a person who has a health disorder with a persistent disorder of body functions. Such a violation is caused by diseases, consequences of injuries or defects. It leads to limitation of life activity and causes the need for social protection of a person (Article 1 of Law No. 181-FZ (hereinafter referred to as Law No. 181-FZ)).

A person recognized as disabled is issued a certificate confirming the fact of disability, indicating its group. Along with the certificate, he receives an individual rehabilitation program.

Disability and its group are determined by special federal institutions - the Bureau of Medical and Social Expertise (hereinafter referred to as ITU).

A citizen can be referred to such a bureau by:

An organization providing medical and preventive care, regardless of its organizational and legal form;
body providing pensions;
social protection body.

A certificate confirming the fact of disability is issued in a certain form. It was approved by order of the Ministry of Health and Social Development of Russia No. 1031n.

Checking the certificate and IPR

First, you need to check the disability certificate and individual rehabilitation program (hereinafter referred to as IPR) of the disabled person for the presence of signatures and seals. These documents must be signed by the head of the ITU bureau where the employee underwent the examination, and certified with the seal of this bureau. After checking the documents, copies of them should be kept in the personal file of the disabled employee.

The IPR is of a recommendatory nature for a disabled person. He has the right to refuse one or another type, form and volume of rehabilitation measures, as well as the implementation of the program as a whole (Article 11 of Law No. 181-FZ). Therefore, an employee can only bring a disability certificate to work in order to receive general disability benefits provided for by the Labor Code.

The IRP of a disabled person includes certain types, forms, volumes, terms and procedures for the implementation of medical, professional and other rehabilitation measures. Their goal is restoration, compensation for impaired or lost body functions, restoration, compensation for the abilities of a disabled person to perform certain types of activities (Article 11 of Law No. 181-FZ).

Refusal of a disabled person from the IRP as a whole or from the implementation of its individual parts relieves the employer of responsibility for the implementation of such a program. At the same time, a disabled person does not have the right to expect to receive compensation in the amount of the cost of rehabilitation measures provided free of charge (Article 11 of Law No. 181-FZ).

IPR of a disabled person must be implemented regardless of the organizational and legal forms and forms of ownership of the employer. This means that everything will need to be done to create the working conditions for the employee that are prescribed in his IPR.

You will also need to make a note about the completion (or non-compliance) of specific rehabilitation measures. The mark must be certified by the signature of the responsible person, for example, the head of the company, personnel officer, accountant, and the seal of the organization.

Legal dismissal

The recognition of an employee as completely incapable of work in accordance with a medical report is a circumstance in which the employment contract is subject to termination. Reason – clause 5 of part 1 of Article 83 of the Labor Code.

The classifications and criteria used when conducting MSE are determined by Order of the Ministry of Health and Social Development of Russia No. 1013n.

Let’s say an employee is recognized as disabled with the ability to work 3rd degree. Ability to work – the ability to work in accordance with the requirements for the content, volume, quality and conditions of work. Limitation of the ability to work of the 3rd degree implies the inability to do any work or its impossibility (contraindicated). This degree of limitation of one of the main categories of human life activity belongs to group I disability. In this case, the employment contract with such an employee can be terminated on the basis of clause 5 of part 1 of Article 83 of the Labor Code.

Limitation of the ability to work 1st degree assumes that the employee is able to work under normal conditions with a decrease in qualifications, severity, intensity or a decrease in the volume of work. As well as the employee’s inability to continue working in his main profession while maintaining the ability to perform lower-skilled work under normal working conditions. This degree of limitation corresponds to disability group III.

Limitation of the ability to work 2nd degree implies the ability to perform work in specially created working conditions with the use of auxiliary technical means or with the help of other persons. This degree of limitation corresponds to disability group II.

We hire a disabled person

This means that if an employee is recognized as a disabled person of group II or III, then he can be dismissed at his own request on the basis of Article 80 or by agreement of the parties on the basis of Article 78 of the Labor Code.

Transfer to another job

An employee recognized as disabled can continue to work, but only under the working conditions recommended for him in the IPR. In this case, two options can be provided for the IPR. The first is a change in working conditions without changing the terms of the employment contract. The second is a change in the terms of the employment contract, including transfer to another job.

Changes to the terms of the employment contract must be formalized by agreement.

If it is not possible to create for a disabled person the conditions specified in the IPR, the employee must be transferred to another job.

If such a possibility exists and the employee has given his consent, a transfer agreement should be concluded with him. It will also be necessary to issue a transfer order in Form No. T-5. These unified forms were approved by Resolution of the State Statistics Committee of Russia No. 1.

The transfer of an employee to another job is reflected in section III of his personal card in form No. T-2.

The transfer did not take place

If there is no suitable vacancy or the employee refuses to transfer, the employment contract with him is subject to termination. In this case, clause 8 of part 1 of article 77 of the Labor Code is indicated as the basis for dismissal.

There is no need to notify the employee of dismissal in advance in such a situation.

However, the right of all workers to receive, within a reasonable time, information about the termination of their employment is provided for in paragraph 4 of Article 4 of Part II of the European Social Charter, ratified by Law No. 101-FZ. Thus, having decided to dismiss a disabled employee, he should still be warned in advance. Before the expiration of this warning, the employer is obliged to remove the employee from his previous job. During the period of such suspension, wages are not accrued (Article 76 of the Labor Code of the Russian Federation).

An employee’s application is not necessary to issue an order to terminate an employment contract. It is issued on the basis of a medical report. The employee must be familiarized with the order against signature. If it is not possible to bring the order to the attention of the employee or the employee simply refuses to read it under signature, a note about this must be made on the order.

By the way, at the employee’s request, he will need to provide a certified copy of the dismissal order.

The day of termination of the employment contract in all cases is the last day of work, with the exception of cases where the employee did not actually work, but retained his place of work (position). This means that the employment contract is terminated on the day specified in the dismissal order, even if the employee was suspended from work on that day.

The establishment of working conditions for disabled people in collective or individual labor contracts that would worsen the situation of disabled people in comparison with other employees is not allowed. We are talking, in particular, about wages, working hours and rest periods, the duration of annual and additional paid leave, etc.

On the day of termination of the employment contract, it is necessary to make a settlement with the employee, including paying compensation for unused vacation. Deduction for unworked vacation days for the employee in question, if the vacation was provided to him in advance, is not made.

Severance pay is paid in the amount of two weeks' average earnings.

If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after he submits a request for payment.

On the day of termination of the employment contract, the employee is issued his work book. The following entry should be made in it: “Dismissed due to the employer’s lack of work required in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, paragraph 8 of part one of Article 77 of the Labor Code.” It is this option for filling out a work record that is provided for in paragraph 5.2 of the Instructions for filling out work books (approved by Resolution of the Ministry of Labor of Russia No. 69).

If it was not possible to issue a work book on the day of termination of the employment contract (for example, the employee was not at the workplace), the employee must be notified of the need to appear for the work book or agree to have it sent by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book.

Benefits for a disabled employee

Benefits for a disabled employee are provided on the basis of a certificate of disability, regardless of the presence of an IPR. They are provided for by the Labor Code and Law No. 181-FZ.

A record of all the benefits to which the employee is entitled as a disabled person, indicating the number and date of issue of the disability certificate and IPR (if submitted), should be made in Section IX of the disabled employee’s personal card in Form No. T-2.

Annual leave

In general, the annual basic paid leave is 28 calendar days. Disabled people are granted annual leave of at least 30 calendar days (Article 115 of the Labor Code of the Russian Federation, Article 23 of Law No. 181-FZ). Moreover, such extended leave is due regardless of whether the employee was disabled during the entire working year for which he was granted leave or not.

It should be borne in mind that if, after establishing disability, an employee resigns, then compensation for vacation must be paid to him in proportion to the time when he was recognized as disabled.

Let's say that part of the working year for which leave is granted falls during the period when the employee was not yet disabled. Then for this part he is granted leave at the rate of 28 calendar days per working year. And for the part that falls on the period after the employee was recognized as disabled - at the rate of 30 calendar days per working year.

Vacation at your own expense

Unlike other employees, a disabled employee has the right not to ask, but to demand leave without pay; it is impossible to refuse to provide it. Moreover, based on a written application, a disabled employee can apply for unpaid leave of up to 60 calendar days a year (Article 128 of the Labor Code of the Russian Federation).

Let us note that the issue of the specific time for granting a disabled person leave at his own expense is still decided by agreement of the parties. After all, the Labor Code does not establish the employer’s obligation to provide such an employee with unpaid leave at the exact time he insists.

Reduced operating time

For disabled people of groups I and II, a reduced working time is established - no more than 35 hours a week while maintaining full wages (Article 92 of the Labor Code of the Russian Federation, Article 23 of Law No. 181-FZ). The duration of daily work (shift) for disabled people must correspond to the issued medical report, for example, IPR (Article 94 of the Labor Code of the Russian Federation).

To indicate shortened working hours in the time sheet in form No. T-12 or T-13, the following is used: – or the letter code “LC”; – or digital code “21”.

Consent to overtime work

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

A disabled person cannot be involved in overtime work, work on weekends and non-working holidays, as well as night work, if this is directly contraindicated for him for health reasons according to the IPR submitted by him. In it, the ITU institution specifies the working conditions of a disabled person.

Let’s say a disabled employee did not want to use the IRP at the place of work and brought the employer only a certificate of disability, where restrictions on overtime work and other restrictions are not recorded. Then such an employee, with his consent, can be involved in overtime work, work on weekends and non-working holidays, and night work.

Sick leave payments

For an “ordinary” employee, temporary disability benefits for loss of ability to work due to illness or injury are paid for the entire period of temporary disability until the day the ability to work is restored or disability is determined.

In the case of a disabled employee, things are somewhat more complicated. An employee recognized as disabled is paid temporary disability benefits (except for tuberculosis) for no more than four consecutive months or five months in a calendar year.

If these persons fall ill with tuberculosis, temporary disability benefits are paid until the day of restoration of working capacity or until the day the disability group is revised due to tuberculosis.

But the amount of temporary disability benefits for disabled employees is determined in the usual manner.

Violation of the rights of people with disabilities

Illegality has several signs:

1. The presence of an act – i.e. may be in the form of active action or inaction;
2. Causing harm - directed against society;
3. The presence of guilt is the mental attitude of a person to his act and to the consequences. Guilt comes in two forms: in the form of negligence and in the form of direct intent;
4. Responsibility for violation of rights, who protects the rights of people with disabilities and how? (social protection of disabled people).

For causing harm to the health of citizens, leading to disability or violation of other rights of disabled people, the perpetrators bear material, civil, administrative and criminal liability.

If there is an offense against a disabled person, you should understand whether it is a crime or a misdemeanor:

If the rights of a disabled person have been violated, then the disabled person himself or interested parties can apply to the court to restore his rights.

If the applicant was unable to restore his rights in the Russian courts, the Plaintiff may appeal to the European Court of Human Rights. This court hears cases related to violations of the rights enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, subject to the exhaustion of all domestic remedies within 6 months.

Federal Law No. 181-FZ provides for the creation of social protection for people with disabilities. These functions are assigned to public associations that are created and operate to protect the rights and legitimate interests of people with disabilities. These associations provide disabled people with equal opportunities as other citizens.

The state is obliged to provide such institutions with comprehensive assistance and assistance (material, technical) up to their financing. Representatives of public associations of people with disabilities participate in the legislative process on issues affecting the interests of people with disabilities.

The right of a disabled person to education

The basic rights of citizens in this area are enshrined in Art. 43 of the Constitution of the Russian Federation:

“Every citizen has the right to education.

Universal access and free preschool, basic general and secondary vocational education in state or municipal educational institutions and enterprises are guaranteed.

Everyone has the right, on a competitive basis, to receive higher education free of charge at a state or municipal institution or enterprise.

Basic general education is compulsory. Parents or persons replacing them ensure that their children receive basic general education.

The Russian Federation sets federal state educational standards and supports various forms of education and self-education.”

The main law regulating the constitutional right to education is the Law of the Russian Federation “On Education” (as amended by Federal Laws No. 12-FZ, No. 144-FZ) and Federal Law No. 125-FZ “On Higher and Postgraduate Professional Education”.

Education in the law is understood as a holistic process of education and training in the interests of the individual, society and the state with the goal of achieving students’ educational levels established by the state.

Every child, in accordance with the norms of international and Russian legislation, has the following rights in the field of education:

The right to respect for one's human dignity;
the right to participate in the management of an educational institution in accordance with its charter;
the right to express their opinion when parents or persons replacing them choose the form of education and type of educational institution;
the right to receive additional (including paid) educational services;
equal rights when entering educational institutions of the next level;
the right to freely attend events not provided for in the curriculum;
the right to transfer (with the consent of the parents) to another educational institution of the same type in the event of termination of the activities of a general education institution or an institution of primary vocational education;
the right to transfer to another educational institution that has an educational program at the next level, with the consent of this institution and the student successfully passing certification;
the right to receive education (basic, general) in their native language;
the right, upon reaching the age of 15, to leave a general education institution early before receiving basic general education (in agreement with parents and the local education authority);
a child receiving education at home, at any stage of education, with positive certification, has the right to continue education in educational institutions.

If we analyze the above text, we can see that the law contains a guarantee of the rights of every child to receive education to the maximum extent provided for by state educational standards.

Unfortunately, the practice is such that children with disabilities are not always able to fully realize the right to education guaranteed by the Constitution. The specificity of their treatment and rehabilitation often limits their ability to receive a full education. It is important for parents to know what is provided in these cases by the current legislation to realize the right of children to receive a full education.

Art. 18 and 19 of Federal Law No. 181 FZ “On social protection of disabled people in the Russian Federation” contain very important norms:

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

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

The procedure for educating disabled children at home, in non-state educational institutions, as well as the amount of compensation for parents’ expenses for these purposes, are regulated by Government Decree of the Russian Federation No. 861 “On approval of the procedure for raising and educating disabled children at home and in non-state educational institutions.” This Resolution obliges state educational authorities to provide such students with special teaching aids and literature free of charge or on preferential terms.

According to clause 3, part 2 of article 16 of the Law of the Russian Federation “On Education”, orphans and children left without parental care, as well as disabled children, disabled people of groups I and II, for whom, according to the conclusion of the medical labor commission, education in the relevant educational institutions is not contraindicated.

It is known that persons cured of cancer in childhood often face discrimination in admission to secondary and higher specialized educational institutions. They are either outright refused to accept documents or required to submit a whole series of additional health certificates. Therefore, it is very important to know that the letter of the Ministry of Education of the Russian Federation No. 27/502-6 “On the conditions for admission and training of disabled people in institutions of higher professional education,” in particular, states that disabled people submit to the admissions committee the same documents as other applicants, as well as a corresponding document confirming the right to preferential enrollment.

Since there is hidden discrimination against people with disabilities, expressed in the biased assessment of their knowledge in entrance exams, it is necessary to know the general rules for filing and considering appeals based on the results of entrance exams. These rules are set out in Order No. 50 of the Ministry of Education of the Russian Federation. An applicant who does not agree with the grade received in the exam has the right to submit a written appeal. The consideration of the appeal is not a re-examination. The applicant has the right to be present during the appeal hearing. One of the parents or legal representatives has the right to be present with a minor applicant (under 18 years of age).

Regulatory documents of the Ministry of Education of the Russian Federation for disabled people provide for an increase in preparation time for both oral and written exams.

Educational institutions must carry out their activities to train people with disabilities in cooperation with state employment services, educational authorities and social protection of the population on a contractual basis.

Educational institutions must fulfill a number of conditions to provide individual rehabilitation programs for the period of study for disabled people:

Adaptation of buildings and premises to the ability of people with disabilities to move freely;
adaptation of training programs taking into account the psychophysiological characteristics of people with disabilities;
pedagogical correction of the educational process.

At the same time, it is indicated that the education of people with disabilities should be carried out in accordance with state educational standards on the basis of educational programs. It is unacceptable to introduce “lightweight” programs for them. Only with this approach to training people with disabilities will they be competitive in the labor market.

Education of disabled people is carried out in various forms provided for by the charter of the educational institution: full-time, part-time (evening), part-time, or a combination of these forms. The optimal form of education for some people with disabilities is part-time. Among these relatively common forms, the current legislation provides for other, less well-known ones, in particular, external studies and distance learning.

Education in the form of external studies is regulated by the “Regulations on obtaining education in the form of external studies” (approved by Order of the Ministry of Education of the Russian Federation No. 1884); Order of the Ministry of Education of the Russian Federation No. 2033 “On approval of the Regulations on external studies in state and municipal higher educational institutions of the Russian Federation”; Methodological recommendations for organizing higher education in the form of external studies in educational institutions of the Russian Federation (appendix to the letter of the Ministry of Education of the Russian Federation No. 03-51-16 in/13-03).

Distance learning, using the capabilities of the Internet, can be considered innovative and very promising. In legislative terms, it is regulated by Order of the Ministry of Education of the Russian Federation No. 4452 “On approval of the Methodology for the use of distance educational technologies (distance education) in educational institutions of higher, secondary and additional vocational education of the Russian Federation.”

The purpose of distance learning is to provide students directly at their place of residence or temporary stay with the opportunity to master basic or additional professional educational programs of higher and secondary vocational education. The educational process using distance learning can be carried out by an educational institution through full-time, part-time (evening), correspondence forms of education, in the form of external studies, or a combination of these forms.

When discussing the problem of realizing the rights of people with disabilities in the field of education, it should be noted that the possibility of people with disabilities receiving secondary and higher specialized education largely depends on the quality of their education in secondary school. School education of children with cancer and other severe disabling diseases is a complex, labor-intensive process associated with the specifics of the diseases themselves, their treatment and rehabilitation. Therefore, it is necessary to develop a general education program in inpatient medical institutions and rehabilitation centers.

The experience of the hospital school opened at the Research Institute of Pediatric Oncology of the Russian Cancer Research Center (Moscow) shows that the education of children at the stage of treatment and rehabilitation is not only possible, but also necessary. Firstly, studying allows children to keep up with their peers in knowledge, skills and abilities. After discharge, they enter the school learning process more easily, i.e. hospital school reduces school maladjustment, which is observed in almost all children after long-term treatment. Secondly, studying facilitates the complex process of a child’s psychological adaptation to hospital conditions. Thirdly, which is very important in pediatric oncology, studying increases the child’s motivation to recover. Fourthly, learning during long-term treatment and rehabilitation allows a teenager to maintain a thirst for knowledge and greatly facilitates the receipt of special education in the future.

In conclusion, it must be said that the Constitution and laws of our country contain a fairly well-developed legal framework for people with disabilities to realize their right to education. However, life shows that a person needs to be able to defend his rights and interests. Knowledge of the laws helps in this fight.

As you know, such a category of the population as disabled people is the most vulnerable. This is due to certain restrictions in the scope of their activity. Russia, in its legislative framework, provides protection for the rights of people with disabilities in all sectors of life. What additional opportunities and benefits do Russian disabled people have? More on this below.

General concept

Who is recognized by law as disabled? The regulatory legal acts that are currently in force in Russia offer a clear definition of the concept of “disabled person.” The legislator determines that such a person is, first of all, a person who has some physical or other pronounced disabilities. Other deviations include mental, sensory or mental.

All disabled people are divided into several groups, depending on the severity of the injury and limitations in their life activities. The most significant is the third group, when a person is deprived of physical activity and does not have the ability to independently carry out certain vital actions. The simplest disability group is the first.

The legislator considers disabled children to be a separate group. For this category in Russia, special opportunities are provided, which are also enshrined in legislation.

Regulatory acts

All special rights and opportunities of disabled people are reflected in legislative acts. In the Russian Federation, both domestic and international legislation is applied to persons of this category. In the first case, the main regulatory act is the Federal Law “On the Protection of the Rights of Persons with Disabilities”. It reveals the whole essence of the features provided for the life of such a category of the population.

As for international legislation, the concept of additional rights of persons with disabilities is widely discussed in the Convention on the Protection of the Rights of Persons with Disabilities, on the basis of which Russian legislation in relation to such issues is often interpreted. It presents 50 articles to the attention of lawyers and ordinary readers, which step by step describe all the opportunities that people with disabilities can use.

In addition to these basic documents, Russian legislation has a lot of sectoral laws that stipulate additional rights for people with disabilities. These are: Labor Code, Family Code, Housing Code, as well as some other codes.

Labor legislation

The protection of the rights of people with disabilities in the Russian Federation is widely covered in labor legislation. People engaged in legal labor activities have the right to work for less time than an ordinary person - for 7 hours a day. In total, the weekly working hours are 35. In this case, the employer is obliged to pay wages in full as for an employee performing the same duties for 8 hours a day.

Regarding rest time, a disabled person has the right to 30 days of leave, which must be granted every year. Moreover, such an employee has the right to take advantage of the opportunity to take free leave, the duration of which in total should not exceed 30 days per year.

At any enterprise, the employer is obliged to properly equip a place for a disabled person to perform work duties, and in accordance with his physical characteristics. In addition, the law prohibits the use of labor of this category of employees for overtime, night work, as well as on holidays and weekends. This option is permitted only with the written consent of the disabled person.

To ensure that the employment of people with disabilities is not problematic, the state obliges many categories of employers to organize places for people with disabilities to work at their enterprises, institutions and organizations. For this purpose quotas are established. In the process of staff reduction, the removal of such workers from their positions is prohibited - this also includes the protection of the labor rights of people with disabilities.

Housing legislation

In the field of housing legislation, some benefits are also offered for such a vulnerable group of the population. The Russian law on the protection of the rights of persons with disabilities states that certain groups of people have the right to receive separate housing space; their final list is offered in the article of this regulatory legal act. These include people suffering from an active form of tuberculosis, as well as those who move in wheelchairs and have abnormalities in the function of the musculoskeletal system. In addition, separate housing is provided for mentally ill persons, for whom the need for supervision by other persons is mandatory. Disabled people with severe forms of kidney damage and those who have recently undergone bone marrow or other organ transplants should also be provided with separate housing, equipped to meet special requirements.

Housing legislation also provides for the protection of the rights of people with disabilities who do not suffer from the above diseases. They can receive out-of-order housing or a summer cottage with land for housekeeping. In addition, persons with disabilities have the right to pay for all housing services in the amount of 50% of the cost of the total amount.

Family law

The Law on the Protection of the Rights of Persons with Disabilities in the Russian Federation guarantees some opportunities for people with disabilities in the inheritance industry. Thus, in the process of dividing the inheritance, even if a person suffering from a disability is not registered in the will, he must be given a share of all benefits in the amount of at least 2/3. In the event that there is no will, such an heir receives the benefits in equal parts with the others.

The Family Code contains a note that a disabled person, in the event of a divorce procedure, has the right to demand alimony from his former spouse. However, you can refuse this opportunity.

Education system

In the education system, the state also protects the rights of people with disabilities. In particular, this is expressed in providing the opportunity for disabled students to receive special technical means for learning. In addition, they are entitled to a special scholarship, as well as the opportunity to study under a special program designed taking into account the person’s abilities. Disabled applicants have the right to priority admission to the ranks of students at all higher educational institutions in Russia.

During each exam session, a disabled student has additional time to prepare for the answer.

Disabled children have the right to attend specialized school and preschool institutions, which offer a full range of conditions created taking into account certain physical disabilities of the person. In order to exercise this right, parents must send their child to undergo a special medical commission, as a result of which a certificate is provided that is necessary for enrollment in institutions of this nature.

Healthcare industry

The Federal Law on Social Protection of the Rights of Persons with Disabilities provides protection for this category of the population in the field of healthcare. In accordance with its norms, any disabled person has the right to preferential provision of drugs that are necessary to maintain his normal life, as well as medical and technical means and some personal hygiene items, the list of which is determined separately for each group. If it is necessary to carry out prosthetics, it is also carried out at the expense of public funds.

Every year, the local social insurance fund is obliged to provide disabled people with a one-time trip to a sanatorium with payment for accommodation, food and travel in both directions

Branch of culture

Legislative acts that regulate the activities of cultural institutions of various types also offer a number of opportunities that are provided in order to protect the rights of persons with disabilities.

First of all, such regulatory legal acts indicate that unhindered access to each cultural institution must be ensured in the form of the availability of special means. In particular, ramps and lifts can serve as an example of this.

Tickets for cultural events at government institutions are also offered at an additional discount. This is especially true for museums, where entrance for disabled people is available with a 50% discount.

The television broadcasting system also provides additional opportunities for this population group. This especially applies to television programs during which sign language interpretation is provided, and a ticker is also offered.

Pension provision

The Federal Law on the Protection of the Rights of Persons with Disabilities provides for a wide range of opportunities in pension provision. Thus, any disabled person who has not accumulated the work experience necessary to receive a pension has the right to receive a social pension until he reaches retirement age. In addition, all representatives of this group who have at least one day of work experience in their work record receive a disability pension, calculated according to a separate program.

Tax law

In the field of tax legislation, the rights of people with disabilities in the Russian Federation are also protected. The range of its action is relatively small, but the activities of the state in this area are positively assessed by representatives of this category.

Disabled people in the Russian Federation have the right to take advantage of the social tax deduction. In addition, every person with disabilities can be exempt from paying land tax.

Tax legislation provides for complete exemption from payment of state duty, provided that disabled person I or II goes to court with a claim, the cost of which does not exceed 1 million rubles.

Protecting the rights of disabled children

The activities of the state in this area are the most relevant. This is due to the fact that children with disabilities are a particularly vulnerable group of the population that needs additional protection of their rights.

The Law on the Protection of the Rights of Persons with Disabilities provides for the possibility of obtaining a separate pension for a child, for which one must apply to the pension fund. In addition, representatives of this group can use all housing and communal services with a 50% discount, as well as utilities under the same conditions.

According to doctors' prescriptions, a disabled child can receive free medications that are needed to maintain a normal level of vital activity and activity. A disabled child can travel on public transport completely free of charge, subject to presentation of the appropriate identification.

Society for the Protection of the Rights of Persons with Disabilities

In the system of public organizations in Russia, there is a separate society that is engaged in developing new programs to improve the lives of people with disabilities, as well as monitoring the proper implementation of laws on the rights of people with disabilities and guarantees for them. This structure has branches throughout the Russian Federation, thanks to which any representative of this population group has the right to seek help or advice.

Social protection of the rights of disabled people by this group is provided on a voluntary basis. As part of its activities, charitable funds are collected for treatment or the provision of special technical supplies. In addition, the organization is developing new programs to ensure a higher standard of living for members of this category. Any person has every right to contact this structure at his place of residence in order to protect the rights of people with disabilities, since the company has a team of professional lawyers specializing in resolving such issues.

Social help

The legislation of the Russian Federation also guarantees the provision of social assistance for people with disabilities of various groups. As a rule, it is aimed at people who are in difficult financial situations.

Within the framework of such opportunities, a low-income disabled person has every right to receive food packages, material assistance, and clothing from social services. In order to apply for this benefit in practice, it is necessary to provide to the service located in the building of the executive committee at the place of residence a statement of appropriate content, a certificate indicating the presence of disability, as well as its group, and, in addition, a certificate about the composition of the family and its financial position

Every person with disabilities can have the opportunity to stay in social service institutions, rest homes, and rehabilitation centers. In addition, if necessary, all people with disabilities in need can be provided with a temporary shelter, which provides everything they need for a comfortable stay.

Liability for discrimination against persons with disabilities

In order to ensure an adequate and adequate standard of living for people with disabilities, the legislation provides for criminal liability for their harassment and discrimination. This article was introduced into the Criminal Code of the Russian Federation on the basis of a similar provision found in Article 5 of the UN Convention on the Rights of Persons with Disabilities. It talks about a complete ban on discrimination against people with disabilities and infringement of their rights. It is on the basis of this provision and article in the Criminal Code that any disabled person has every right to apply to the court to protect their rights in any area of ​​​​life. As practice shows, most often harassment of people with disabilities occurs in the labor sphere, which is due to the employer’s reluctance to use hired labor for this group of the population.

The official definition of the concept of “disabled person” is given by the Declaration of the Rights of Persons with Disabilities, which lists the principles on which the rights and social protection of the category of citizens with disabilities are based. This international document was adopted by the UN Assembly in 1975. The peculiarity of this document is that it does not have binding legal force for states, but reference to its provisions and articles during legal proceedings is allowed, and judicial authorities take note of such references, considering them legal and justified. At the same time, the Convention on the Rights of Persons with Disabilities is also in force - this is an international legal act adopted by the UN in 2006, and began its work in 2008. This document has been adopted in more than 173 countries. The Convention has legal force in those states that have ratified it.

Legal assistance to disabled people and persons with disabilities - the rights of disabled people in Russia and their protection!

Monthly monetary compensation in exchange for city social services Receiving city social support measures in terms of free travel in city passenger transport (except for taxis and minibuses) in monetary terms. Provided to disabled people of vision groups I and II - 173 rubles. 4. Monthly compensation payment to a person caring for a disabled person from childhood to 23 years - 5,000 rubles.

It is assigned from the month of examination of the child at the ITU bureau and is paid for the month of expiration of the disability period, but no more than until the child reaches the age of 23 years. 5. Monthly compensation payment to a disabled person from childhood under the age of 23 who has lost a breadwinner - 1,450 rubles. 6. Monthly compensation payment for a child under the age of 18 living in a family in which both or the only parent does not work and is a disabled person of group I or II - 5,000 rubles.

Annual review of military activities

Important

Basically, this functionality to ensure accessibility and free legal support and assistance is assigned to the social protection authorities. So, if a question arises about where to go to protect the rights of people with disabilities in the Russian Federation, it is recommended to use the help of the following organizations and government bodies:

• Prosecutor's Office of the Russian Federation;
• Social protection authorities;
• Society of disabled people at regional and municipal levels.

The Federal Law on State and Social Assistance determines when and in what cases disability is granted, outlining the range and list of diseases and pathological changes, as well as the procedure for obtaining and registering disability. The process of determining medical indications for disability is entrusted to specially created commissions within health care institutions.

Rights of disabled children and their parents: protection of important people!

In particular, the Charter of the All-Russian Society of the Deaf (VOG) states that members of the VOG can be citizens of the Russian Federation with hearing impairment who have reached the age of 14, as well as citizens with normal hearing who have proven themselves to be actively involved in its work and recognize the Charter of the VOG. Managers and other specialists of enterprises, organizations and institutions of the VOG are required to master sign language to an extent sufficient to perform official functions. The society promotes their education. Admission to VOG membership is carried out by the primary organization of VOG or the local board upon the personal application of citizens. Many public organizations provide all possible assistance to their members and those simply in need.

Social protection of disabled children in the Russian Federation

If people do not learn to help each other,” then the human race will disappear from the face of the earth.” Walter Scott We are glad to welcome you to our Website! Our activities include social support, financial assistance, assistance in medical and social rehabilitation, protection of the rights and legitimate interests of disabled children and disabled adults, and assistance in improving their living conditions. The Society of Disabled Children "NAITIE" is a socially oriented non-profit organization and works in close cooperation with the Moscow Government, the Moscow Department of Social Protection, the prefecture of the South-Western District and children's correctional institutions. The Society of Disabled Children "NAITIE" is a charitable organization (Passport of a charitable organization No. 268 issued on November 23, 2000.
City Charitable Council of the Moscow Government).

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All disabled people are protected by the state. The supervisory authorities of the prosecutor's office promptly respond to violations and work to prevent them in a timely manner. New on the site Authorization Regional Public Organization Protection of Consumer Rights in St. Petersburg © 2015. Legal assistance to disabled people and persons with disabilities acts:

1. Veterans Law.
2. Labor and Housing Codes;

Thus, federal legislation is designed in such a way as to create conditions for such people that will allow them to be Moscow Natalya Anatolyevna Emelkina In this regard, the Government of the Russian Federation has adopted resolutions regulating the practical implementation of the rights of people with disabilities.

5.2. How can a public organization for disabled people help?

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• Rehabilitation of disabled people and disabled children from 14 years of age with severe limitations in movement and self-care (due to spinal, military, road trauma, etc.) is carried out at the OJSC “Rehabilitation Center for the Disabled “Preodolenie” (Moscow, 8 Marta St., No. 6A, p. 1, tel.: (495) 612‑00‑43, (495) 612‑08‑13, fax/tel. (495) 612‑13‑52).
• Social rehabilitation and organization of leisure activities for disabled adults, disabled children and other persons with disabilities is carried out by the rehabilitation centers of the social protection system of the population of the city of Moscow.

All categories of disabled people have the right to free provision of any technical means of rehabilitation and prosthetic and orthopedic products. If you purchase these products yourself, you may receive monetary compensation.

Hotline for the protection of the rights of disabled people Moscow

Based on the provisions of these international documents, a legal framework is being created to ensure social guarantees and protection of the rights of people with disabilities. The rights of persons with disabilities are enshrined in constitutions and federal laws. In Russian legislation, the provisions of international documents are reflected in the following laws and regulations:

• Law on State and Social Assistance;
• On social protection of disabled people in the Russian Federation;
• Law on Social Services for Persons with Disabilities;
• Labor and Housing Codes;
• Veterans Law.

These federal laws provide for psychological assistance to people with disabilities, medical care on preferential terms, and the provision of medicines and drugs.
The additional instructions adopted define the procedure for providing psychological and medical assistance.

Society of disabled children "Naitiye"

Attention

The main condition is the presence of an insurance period the same as for parents. Pensions for guardians may be granted provided that the period of guardianship is at least 1.5 years. A pension is assigned even if a disabled child has died, it is important that parents/guardians raise him until he is 8 years old.

Protection of the rights of disabled children Persons, regardless of their position, who are guilty of violating the rights and freedoms of disabled people are liable under Article 32 of the Federal Law of November 24, 1995 N 181-FZ. All disputes arising from the determination of disability, the implementation of individual rehabilitation programs for people with disabilities, the provision of specific measures of social protection and the violation of other rights and freedoms of people with disabilities are considered in court. You can download the Law on the Rights of Children with Disabilities here.

Moscow city programs

Federal Law No. 181-FZ dated November 24, 1995 stipulates that, at the expense of federal budget funds, families with disabled children are provided with living quarters if they need to improve their housing situation. Disabled children have the right to housing! The procedure for provision is regulated in more detail by each constituent entity of Russia individually. The procedure for providing apartments for persons registered after 01/01/2005. has two options:

1. Obtaining an apartment under a social tenancy agreement. It is necessary to contact the authorized body at your place of residence to apply for improvement of living conditions. If the child’s disability is associated with a severe chronic disease, according to the List approved by Decree of the Government of the Russian Federation of June 16, 2006 No. 378, then the apartment will be provided out of turn.
2. Obtaining an apartment under a free use agreement.