Basic laws on disability in the Russian Federation. Legislative base of the Russian Federation Federal law n 181

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

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

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

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

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

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

Decision No. 12-112/2019 dated July 25, 2019 in case No. 12-112/2019

Volkhov city court (Leningrad region) - Administrative offenses

With IPR, including in terms of ensuring individual production standards. Instruction of the chief state labor inspector Kozina D.F. on violation of LOGBU "Volkhovsky PNI" Art. 23 of the Federal Law "On the Social Protection of the Disabled in the Russian Federation", for workers living in the Volkhov PNI, is not specified. In view of the availability of information about the proper notification Petrova H.P. and Federal...

Decision No. 12-126/2019 dated July 18, 2019 in case No. 12-126/2019

Leninsky district court of Yaroslavl (Yaroslavl region) - Administrative offenses

The second disability group was received indefinitely by the employer on December 5, 2017. However, in violation of paragraph 4 of part 1 of article 92 of the Labor Code of the Russian Federation, part 3 of article 23 of the Federal Law of November 24, 1995 No. 181-FZ "On the social protection of persons with disabilities in the Russian Federation" December 05, 2017 Efremov D.A. not installed...

Judgment dated July 15, 2019 in case No. А32-15470/2019

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

The municipal formation of the city of Krasnodar on the recognition of the refusal of March 21, 2019 No. 29 / 2861-1 in issuing a construction permit on a land plot with cadastral number 23: 43:0413003:171 - illegal, the obligation to issue a permit for the construction of a workshop building on a land plot with a cadastral number 23 : 43:0413003:171. The applicant's representative at the hearing insisted ...

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

Starooskolsky city court (Belgorod region) - Civil and administrative

Paid leave lasting more than 28 calendar days (extended basic leave) is provided to employees in accordance with the Labor Code of the Russian Federation and other federal laws. According to part 5 of Art. 23 of the Federal Law of November 24, 1995 No. 181-FZ “On the Social Protection of Disabled Persons in the Russian Federation”, persons with disabilities are granted annual leave of at least 30 calendar days. The worker confirms the disability...

Decision No. 2-994/2019 2-994/2019~M-501/2019 M-501/2019 dated June 21, 2019 in case No. 2-994/2019

Zavodskoy District Court of Orel (Oryol Region) - Civil and Administrative

In accordance with the individual rehabilitation program; carry out other activities. For employees who are disabled of group I or II, article 92 of the Labor Code of the Russian Federation and article 23 of the Federal Law of November 24, 1995 No. 181-FZ “On the Social Protection of Disabled Persons in the Russian Federation” provides for a reduced working time - no more than 35 hours per week With...

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

Blagoveshchensk city court (Amur region) - Civil and administrative

Lists and, accordingly, could find out how wages are calculated. In addition, the plaintiff's incapacity for work, which took place in the period from 04/10/2018 to 23. 04.2018 and from 17.07.2018 to 28.08.2018, a total of 53 days, also cannot serve as a valid reason for missing the deadline, ...

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

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

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

• ... for business trips, certified copies of orders dated January 10, 2017 "On compensation payments for employees' expenses while on business trips", dated August 11, 16, 18, 23, 2017 "On the appointment of a person responsible for the performance of work", providing duty Telegina L.T. carry out checks on objects. testimony of witness FULL NAME5 on the transfer of Telegin L.T. ...

"On social protection of disabled people in the Russian Federation"

(as amended by Federal Laws No. 125-FZ of 24.07.1998, No. 5-FZ of 04.01.1999, No. 172-FZ of 17.07.1999, No. 78-FZ of 27.05.2000, No. 74-FZ of 09.06.2001 , dated 08/08/2001 N 123-FZ, dated 12/29/2001 N 188-FZ, dated 12/30/2001 N 196-FZ, dated 05/29/2002 N 57-FZ, dated 01/10/2003 N 15-FZ, dated 10/23/2003 N 132-FZ, dated 08.22.2004 N 122-FZ (as amended on 12.29.2004), dated 12.29.2004 N 199-FZ))

Accepted
State Duma
July 20, 1995

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

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

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

Chapter I. General Provisions

Article 1

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

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

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

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

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

Article 2. The concept of social protection of disabled people

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

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

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

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

Article 3

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

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

Article 4

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 5

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

13) - 15)

Article 6

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

Chapter II. Medical and social expertise

Article 7. The concept of medical and social expertise

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

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

Article 8

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

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

Part two

Federal institutions of medical and social expertise are entrusted with:

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

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

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

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

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

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

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

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

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

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

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

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

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

Chapter III. Rehabilitation of the disabled

Article 9. The concept of rehabilitation of disabled people

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

The main areas of rehabilitation of the disabled include:

• restorative medical measures, reconstructive surgery, prosthetics and orthotics, spa treatment;
• vocational guidance, training and education, employment assistance, industrial adaptation;
• socio-environmental, socio-pedagogical, socio-psychological and socio-cultural rehabilitation, social adaptation;
• physical culture and recreation activities, sports.

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

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

Article 10

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

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

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

Article 11. Individual rehabilitation program for a disabled person

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

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

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

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

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

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

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

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

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

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

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

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

Article 11.1. Technical means of rehabilitation of the disabled

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

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

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

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

The technical means of rehabilitation of the disabled are:

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

• paragraph is invalid. - Federal Law of August 22, 2004 N 122-FZ;
• special means for self-service;
• special care products;
• special means for orientation (including guide dogs with a set of equipment), communication and information exchange;
• special facilities for teaching, education (including literature for the blind) and employment;
• prosthetic products (including prosthetic and orthopedic products, orthopedic shoes and special clothing, eye prostheses and hearing aids);
• special fitness and sports equipment, sports equipment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The list of technical means of rehabilitation and indications for providing them to disabled people, as well as the procedure for providing disabled people with technical means of rehabilitation, are determined by the Government of the Russian Federation.

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

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

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

Article 12

Lost strength. - Federal Law of August 22, 2004 N 122-FZ.

Chapter IV. Ensuring the life of the disabled

Article 13. Medical assistance to the disabled

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

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

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

Article 14 was put into effect on January 1, 1998 (Decree of the Government of the Russian Federation of December 7, 1996 N 1449).

Article 14

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

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

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

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

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

Article 15

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

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

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

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

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

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

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

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

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

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

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

Article 16

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

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

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

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

Article 17

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 18. Upbringing and education of children with disabilities

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

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

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

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

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

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

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

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

Article 19. Education of disabled people

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

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

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

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

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

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

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

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

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

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

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

Article 20

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

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

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

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

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

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

6) creating conditions for entrepreneurial activity of disabled people;

7) organizing training for disabled people in new professions.

Article 21

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

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

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

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

Article 22

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

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

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

Article 23. Working conditions of disabled people

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

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

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

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

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

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

Article 24

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

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

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

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

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

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

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

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

Articles 25 - 26.

Lost power. - Federal Law of August 22, 2004 N 122-FZ.

Article 27

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

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

Article 28

ConsultantPlus: note.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Paragraph 7 of Article 154 of the Federal Law of August 22, 2004 N 122-FZ establishes that until the entry into force of the relevant federal law, the amount of the monthly cash payment is not taken into account when calculating the total income of a family (a citizen living alone) to assess their need when determining the right to receiving subsidies for housing and utility bills.

When establishing monthly cash payments to persons with a disability of III, II and I degrees, they are applied without additional re-examination, respectively, I, II and III disability groups, established before January 1, 2005 (paragraph 6 of Article 154 of the Federal Law of 22.08. 2004 N 122-FZ).

Article 28.1. Monthly allowance for people with disabilities

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

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

From January 1 to December 31, 2005, monthly cash payments are paid in the amounts established by paragraph 5 of Article 154 of Federal Law No. 122-FZ of August 22, 2004.

Clause 2 of Article 28.1 comes into force on January 1, 2006 (Clause 4 of Article 155 of Federal Law No. 122-FZ of August 22, 2004).

The amount of the monthly cash payment from January 1, 2006 is calculated and paid taking into account the indexation (change) of the amount of the monthly cash payment and the cost of a set of social services carried out for the period from January 1, 2005 in accordance with the legislation of the Russian Federation (paragraph 5 of Article 154 of the Federal Law of 08.22.2004 N 122-FZ).

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

1. disabled persons with III degree of limitation of the ability to work - 1,400 rubles;
2. disabled persons with II degree of limitation of the ability to work, disabled children - 1,000 rubles;
3. disabled persons with I degree of limitation of the ability to work - 800 rubles;
4. disabled persons who do not have a degree of limitation of the ability to work, with the exception of disabled children - 500 rubles.

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

Indexation of the monthly cash payment in 2005 is carried out not earlier than July 1, 2005, taking into account the coefficient by which the size of the basic part of the labor pension was indexed for the period from January 1, 2005 to June 30, 2005 (paragraph 5 of Article 154 of the Federal Law of August 22, 2004 N 122-FZ).

4. The amount of the monthly cash payment is subject to indexation in the manner and within the time limits determined by Federal Law No. 173-FZ of December 17, 2001 "On Labor Pensions in the Russian Federation" for indexing the size of the basic part of the labor pension.

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

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

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

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

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

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

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

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

• on payment of housing and communal services based on the number of persons entitled to these measures of social support; approved by the Government of the Russian Federation, the federal standard for the maximum cost of housing and communal services provided per 1 square meter of total housing area per month and the federal standard for the social norm of housing area, used to calculate interbudgetary transfers;
• to provide housing for disabled people and families with disabled children, based on the number of persons eligible for these social support measures; the total area of ​​housing is 18 square meters and the average market value of 1 square meter of the total area of ​​housing in the constituent entity of the Russian Federation, established by the federal executive body authorized by the Government of the Russian Federation.

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

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

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

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

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

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

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

Articles 29 - 30.

Lost power. - Federal Law of August 22, 2004 N 122-FZ.

Article 31

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

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

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

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

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

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

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

Chapter V. Public Associations of the Disabled

Article 33

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

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

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

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

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

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

Article 34

Lost strength. - Federal Law of August 22, 2004 N 122-FZ.

Chapter VI. Final provisions

Article 35. Entry into force of this Federal Law

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

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

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

Article 36. Validity of laws and other normative legal acts

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

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

Disabled people in Russia belong to one of the socially unprotected categories of citizens who need state support. Depending on the severity of the state of health, 3 groups of disability are distinguished. The category of the disability group affects the various measures of state support provided. These measures are regulated by the Federal Law "On Social Protection of Disabled Persons in the Russian Federation".

Definition of the Federal Law “On Social Protection and Support for the Disabled in the Russian Federation”

This law guarantees all citizens with disabilities equal rights with other citizens, as well as social support from the state. Based on this law, all state bodies are obliged to act and respect the legal rights of persons with disabilities.

The law on social protection implies providing disabled people with the necessary conditions for their life, as well as exercising their right to rehabilitation.

General provisions of the law of the Russian Federation

This law applies to people recognized as disabled. Disabled people in Russia, according to Article 1 of the Federal Law "On the Social Protection of the Disabled", are those people who have been recognized by a special social medical examination.

The main parameters for determining disability is the ability of a person to independently provide himself with the necessary actions to ensure life.

Depending on the degree of independence of a person, expert doctors establish.

Groups and types of disability

For children under the age of 18, the general category of a disabled child is established. The disability group is determined only after reaching the age of 18. This is due to the fact that in the process of child development it is quite difficult to determine the degree of independence based on the age of development of the baby.

The state assumes obligations to protect the rights of each group of disabled people. These obligations are prescribed in article 2 of this law, which are binding on all state bodies.

Legislative acts establish that in Russia every citizen has the right to provide him with equal living conditions, as well as to create additional auxiliary conditions, if he needs them.

These rights are enshrined in the fundamental law of the Russian Federation, the Constitution, as well as in the Federal Law "On the Social Protection of the Disabled". Also, on the basis of Article 3.1 of this law, no one has the right to discriminate against people on the basis of disability and infringe on them in the rights granted to them by law.

The competences of federal bodies and local self-government bodies are distributed in Articles 4 and 5 of the Federal Law “On the Social Protection of the Disabled”. Based on this distribution, all federal and local authorities are required to act.

All disabled people are listed in the Pension Fund in a certain register, where basic data about each of them is entered. This register takes into account personal data, as well as information about a person’s work activity and benefits received by him. The procedure for maintaining this register is regulated by Article 5.1 of this Law.

Article 6 of the Federal Law "On the Social Protection of the Disabled" defines liability for causing harm to the health of any person that led to disability. Guilty people bear criminal, material, administrative and civil liability for causing harm to health.

You can familiarize yourself with what benefits are due to children with disabilities.

Medical and social expertise

Chapter 2 of this law establishes a specific procedure for determining disability. This conclusion is issued by the social medical examination. It includes doctors who must determine the severity of the disease and its consequences, which lead to the defective functioning of a person. The definition and activities of this expert group are defined in Article 7 of the Federal Law “On the Social Protection of the Disabled”.

Based on the determination of the human condition, this commission must also analyze and provide the following data:

• rehabilitation course for the restoration of a person;
• analysis of the causes of disability and its nature in general among the population of Russia;
• development of general comprehensive measures for disabled people of each group;
• causes of death of persons with disabilities in situations where the family of the deceased is entitled to receive state support;
• the degree of disability of a disabled person;
• conclusion about the disability group.

These obligations are specified in Article 8 of this Law. The decision of this commission is not subject to challenge by other authorities and is mandatory for execution.

Rehabilitation and habilitation of the disabled

Habilitation is understood as the process of restoring the abilities that a person lacked for everyday and professional activities. This definition is specified in Article 8 of this Law.

Article 33 of the Federal Law “On Social Protection of the Disabled” – public associations

In Russia, Article 33 of this legislative act allows public associations created to provide assistance to disabled people.

The state is obliged to assist them in the implementation of assistance to the disabled. This assistance is paid from the local budget of each subject.

In addition, the disabled themselves can create such associations. Their representatives should be involved in government decision-making concerning persons with disabilities. These associations may have real estate, cars and other property on their balance sheet.

Organizations whose charter capital consists of more than half of the contributions of the disabled, as well as the wage fund for a quarter provided to them, can be allocated buildings and non-residential premises for free use. In addition, such organizations participate in the small business support program.

Video

conclusions

Russian legislation provides for a wide range of state support for disabled people. According to this law, they should not need paid medical care, paid aids. In addition, they are supported in the field of education and vocational training, as well as assistance in further employment. Along with this, they receive material support from the state. But read about which disability group what benefits are due.

The entry into force of this law is regulated by its article 35, and its operation by article 36. Based on them, other laws cannot contradict this legislative act. And it comes into force from the moment of its publication.

In reality, this law does not work to its full potential, because local government agencies do not fully control the implementation of this law by all citizens and legal entities of Russia.

Decree of the Government of the Russian Federation on expanding the list of goods, works, services, the purchase of which provides benefits to organizations of the disabled

The Decree of the Government of the Russian Federation expands the preferences of enterprises and public organizations of the disabled, which participate on an equal basis with all commercial enterprises in competitive procedures for the supply of goods, works, services to meet state and municipal needs.

United Nations Convention on the Rights of Persons with Disabilities

Adopted by General Assembly resolution 61/106 of 13 December 2006. Signed by Russia in September 2008, ratified on May 3, 2012.

Law of the Russian Federation "On social protection of disabled people in the Russian Federation"

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

Federal Law on Amendments to Certain Legislative Acts of the Russian Federation on Social Protection of the Disabled in Connection with the Ratification of the Convention on the Rights of Persons with Disabilities

The law, in particular, specifies the main conditions for ensuring the accessibility of facilities and services for the disabled, taking into account their limitations, including the specifics of servicing disabled passengers on rail, road and urban surface electric transport, as well as the specifics of providing them with communication services. In addition, a rule is introduced on the inadmissibility of discrimination on the basis of disability and a definition of this type of discrimination is given. It also provides for the creation of the so-called register of persons with disabilities, as the UN Convention prescribes to establish such records. In this case, personal data will be securely protected.

On the basics of social services for citizens in the Russian Federation

The law provides for an individual approach to each person in need of assistance. It involves the development and implementation of an individual program with which a person can overcome a difficult life situation.

Federal Law of the Russian Federation of June 7, 2013 N 124-FZ "On Amendments to the Air Code of the Russian Federation"

The federal law was developed in order to ensure the unhindered use of air transport by disabled people and other persons with disabilities.

Decree of the President of the Russian Federation on monthly payments to persons caring for children with disabilities and disabled since childhood of the 1st group

Russian President Vladimir Putin signed a decree increasing more than 4.5 times social benefits to unemployed parents raising children with disabilities or disabled children of the 1st group, regardless of age.

Law of the Russian Federation "On Amendments to Certain Legislative Acts of the Russian Federation on the Issue of Quotas for Jobs for the Disabled"

The document toughens sanctions for failure to fulfill the obligation to employ disabled people - creating or allocating jobs for them within the quota established by regional authorities, as well as for refusing to hire a disabled person within the quota. The size of the fine has also been increased (from 5,000 to 10,000 rubles) for an unjustified refusal by employment services to register a disabled person as unemployed.

Federal Law No. 181 FZ On the Social Protection of Persons with Disabilities in the Russian Federation is a document that was adopted by the Government of the Russian Federation for a layer of society with disabilities.

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Here, all their opportunities, privileges, as well as benefits that incapacitated citizens can claim are strictly and clearly spelled out.

Separately, the law contains information on the differences in the categories of disability and for some of them obligations, this regulatory act should be given special attention, since the number of people with disabilities increases every year in the country.

What you need to know

Every citizen with disabilities, as well as those who are directly related to them, needs to know the following regarding this regulatory legal act:

1. What is the purpose of the government enacting a law on persons with disabilities?
2. What articles are present in it, and what exactly do they say about persons with disabilities and persons related to them.
3. What privileges and benefits are provided for by this legislation (for example, a discount for paying utility bills).
4. What are the disability groups, and the part of them that refers to the working population.
5. All the necessary information about the procedure for the care of citizens for persons with disabilities and the availability of benefits for this is also contained in the document.
6. Living conditions that must be provided for this stratum of society.

This regulatory legal act contains all the necessary provisions regarding this.

Additionally, persons who are faced with this law should be aware of the fact that the Federal Law is regularly subject to changes and amendments, which makes the life of disabled persons even more comfortable.

Legal framework (latest version of bill 181)

Federal Law No. 181 of November 24, 1995 “On the Social Protection of the Disabled in the Russian Federation”, at the moment this is the latest version of the bill.

Minor changes have been made to it from time to time. The document currently contains the following chapters:

• general provisions;
• medical and social expertise;
• rehabilitation and habilitation of the disabled;
• ensuring the life of the disabled;
• public associations of the disabled;
• final provisions.

All chapters of the bill were adopted by the State Duma on July 20, 1995, and after consideration, the Federation Council approved this document on November 15, 1995, after which the normative act entered into force after being signed by the President of the Russian Federation.

Significant changes have not been made over the entire period, but regular minor amendments made through other Federal laws make the life of disabled people better every year.

The main characteristics of the Federal Law on the protection of the rights of persons with disabilities in the Russian Federation

Like any other regulatory legal act, the law on the protection of the rights of persons with disabilities in the Russian Federation has its own characteristics.

Let's take a closer look at the main ones:

It is possible to characterize this document for a long time. But the most important thing that should be noted about the adopted normative act is that it reveals in detail the essence of the problem of limited human capabilities.

Rehabilitation rules

For citizens with disabilities, rehabilitation is of primary importance in life. For them, this is the hope for a speedy return to normal life.

As part of this bill, recovery centers have been created and continue to be created in each region, which will allow people with disabilities to return to life faster.

Additionally, based on the text of this law, every disabled person has the right to make an annual trip to a rehabilitation sanatorium, where specialists will work with him.

There are a number of rehabilitation rules for the disabled:

• at the federal level, there are a number of rehabilitation measures;
• only state structures approve the means and equipment for carrying out remedial or preventive measures;
• the entire rehabilitation program for a person with disabilities, provided by the state, is available absolutely free of charge.

At present, all issues related to restoration programs, as well as the attitude to the facilities where it is carried out, are given close attention by state commissions. It is not allowed here that a person with a disability is treated negligently.

Providing citizens with housing

Another problem that is sharply touched upon in this legislative act is the allocation of housing to those in need and, if necessary, the improvement of living conditions.

According to the normative legal act, local authorities, in the event of such circumstances, must do everything necessary to eliminate this controversial moment.

As a rule, needy persons with disabilities are allocated rooms in dormitories, more rarely they can apply for an apartment or a private house.

If the housing is in an emergency condition, then it is first decided to allocate funds for major repairs, or to relocate the disabled person. The same applies to families with children with disabilities.

Features of working conditions

Persons who have health deviations can also be officially employed, but there is a slight difference in the groups:

• the first category is recognized as completely disabled;
• the second group is recognized as partially working;
• the third category has only minor limitations.

An additional difference between the groups is that the first does not have to undergo an annual confirmation of their disability, unlike the second and third, which have to undergo an annual medical commission to confirm the category of disability.

Let us consider in more detail the features of the workplace, which should officially be created for a person who has a disability:

1. Half-holiday.
2. Availability of additional days off.
3. The ability to take a vacation at any time.
4. The workplace must necessarily be equipped under the restriction that the employee has.
5. Additionally, at the workplace of a disabled person, there should be a notification about the presence of a citizen with health restrictions.

If all this is absent, then officially the disabled person will not be employed, since any labor inspection will have to impose a ban on the citizen’s labor activity, and his manager will be fined.

Today, a separate layer of society lives on the territory of the Russian Federation - people with disabilities (disabled people), while there are citizens with health problems, both from early childhood and at an older age.