Abstract: The concept of social protection of disabled people. General provisions for social protection of disabled people

Disabled people in Russia belong to one of the socially unprotected categories of citizens who need government support. Depending on the severity of the health condition, 3 groups of disability are distinguished.

Definition of law

This law guarantees all citizens with disabilities equal rights with other citizens, as well as social support from the state. All government bodies are required to act on the basis of this law and comply with legal rights disabled people.

The Law on Social Protection implies providing disabled people with the necessary conditions for their life activities, as well as the exercise of their right to rehabilitation.

General provisions

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

The main parameters for determining disability are a person’s ability to independently perform the necessary actions to ensure life.

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

Children under the age of 18 are established general category disabled child. The disability group is determined only after reaching 18 years of age. 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 child’s developmental age.

The state undertakes obligations to protect the rights of each group of disabled people. These obligations are prescribed in Article 2 of this law, which are mandatory for all government agencies.

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

These rights are enshrined in the Basic Law Russian Federation Constitution, as well as in the Federal Law “On Social Protection of Persons with Disabilities”. Also, on the basis of Article 3.1 of this law, no one has the right to discriminate against people based on disability and infringe on their rights granted to them by law.

The competencies of federal bodies and local self-government bodies are distributed in Articles 4 and 5 of the Federal Law “On Social Protection of Persons with Disabilities”. Based given 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 the benefits he receives. Procedure of this register regulated by Article 5.1 of this law.

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

You can find out what benefits disabled children are entitled to.

Medical and social examination

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

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

rehabilitation course for human recovery;
analysis of the causes of disability and its nature in general among the Russian population;
development of general comprehensive measures for disabled people of each group;
causes of death of disabled people in situations where the family of the deceased has the right to receive government support;
degree of disability of the disabled person;
conclusion about the disability group.

These responsibilities are specified in Article 8 of this law. The decision of this commission is not subject to challenge by other authorities and is binding.

Rehabilitation and habilitation of disabled people

Habilitation is understood as the process of restoring a person’s missing abilities for everyday life and professional activity. This definition is specified in Article 8 of this law.

Public associations

In Russia, public associations created for the purpose of providing assistance to people with disabilities are permitted by Article 33 of this legislative act.

The state is obliged to assist them in providing assistance to people with disabilities. This assistance is paid from the local budget of each subject.

In addition, disabled people themselves can create such associations. Their representatives must participate in government decisions concerning people with disabilities. These associations may have real estate, cars and other property on their balance sheet.

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

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conclusions

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

The entry into force of this law is regulated by its article 35, and its effect 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 in full force, because local government bodies do not fully control the implementation of this law by all citizens and legal entities of Russia.

Topic 17. Technologies social work with disabled people

1. The concept of disability and its types.

2. Legal basis for social protection of disabled people.

3. Medical and social aspects of the protection of disabled people.

4. Managerial aspects of caring for people with disabilities.

Technologies of social work with disabled people.

The concept of disability and its types

Disabled person - a person who has a health impairment persistent disorder functions of the body, caused by disease, consequences of injuries or defects, leading to limited life activity and necessitating the need for social protection.

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

Cripples, blind, deaf, dumb, people with impaired coordination of movement, completely or partially paralyzed, etc. recognized as disabled due to obvious deviations from the normal physical condition person. Persons who do not have external differences from ordinary people, but suffer from diseases that do not allow them to work in various fields as they do healthy people. For example, a person suffering coronary disease heart, is not able to perform heavy physical work, but mental activity he is quite capable.

All disabled people for various reasons are divided into several groups.

According to the age - disabled children, disabled adults.

By origin of disability: disabled since childhood, war disabled, labor disabled, disabled from general illness.

By degree of work ability: disabled people able to work and incapable of work, disabled people of group I (unable to work), disabled people of group II (temporarily disabled or able to work in limited areas), disabled people Group III(able to work in favorable working conditions).

According to the nature of the disease disabled people may belong to the mobile, low-mobility or immobile groups.

Depending on membership in a particular group, issues of employment and organization of life for disabled people are resolved. Low mobility disabled people (able to move only with the help of wheelchairs or crutches) can work from home or have them transported to their place of work. This circumstance determines a lot additional problems: equipment of a workplace at home or at an enterprise, delivery of orders to the home and finished products to a warehouse or consumer, material, raw materials and technical supplies, repairs, maintenance of equipment at home, allocation of transport for transporting a disabled person to and from work, etc. .

More the situation is more complicated with immobile disabled people confined to bed. They can't live without outside help move, but are able to work mentally: analyze socio-political, economic, environmental and other situations; write articles, works of art, create paintings, engage in accounting activities, etc.

If such a disabled person lives in a family, many problems can be solved relatively simply. What if he's lonely? Special workers will be required who would find such disabled people, identify their abilities, help receive orders, conclude contracts, purchase the necessary materials and tools, organize sales of products, etc. It is clear that such a disabled person also needs everyday care, starting with the morning toilet and ending with providing food. In all these cases, disabled people are helped by special social workers who receive wages. Blind but mobile disabled people are also assigned workers paid by the state or charitable organizations.

Legal basis for social protection of disabled people

A social worker needs to know the legal and departmental documents that determine the status of a disabled person. General rights persons with disabilities are formulated in the UN Declaration on the Rights of Persons with Disabilities.

Here are some excerpts from this legal international document:

“People with disabilities have the right to respect for their human dignity”;

“Disabled persons have the same civil and political rights as other persons”;

“Persons with disabilities have the right to measures designed to enable them to acquire the greatest possible independence”;

“Persons with disabilities have the right to medical, technical or functional treatment, including prosthetic and orthopedic devices, to restoration of health and status in society, to education, vocational training and rehabilitation, to assistance, consultation, employment services and other services.” ;

“People with disabilities must be protected from any kind of exploitation.”

Fundamental legislative acts on disabled people have been adopted in Russia. The following legislative acts are of particular importance for determining the rights and responsibilities of people with disabilities, the responsibility of the state, charitable organizations, and individuals:

Law on Social Protection of Persons with Disabilities
Law on compulsory social insurance against accidents
Resolution on benefits for disabled people and families with disabled children
Law on charitable activities and charitable organizations
Disability examination
Rights and benefits

Social services are provided by decision of social protection bodies in institutions subordinate to them or under agreements concluded by social protection bodies with social service institutions of other forms of ownership.

Social services appear solely with the consent of the people who need them, especially when we're talking about about their placement in inpatient social service institutions. In these institutions, with the consent of those served, labor activities can be organized under the terms of an employment contract. Persons who have concluded employment contract, receive the right to annual paid leave of 30 calendar days.

Various forms of social services are provided, including:

social services at home (including social and medical services);

semi-stationary social services in departments of day (night) stay of citizens in social service institutions;

stationary social services in boarding houses, boarding houses and other stationary social service institutions;

urgent social services (as a rule, in urgent situations - catering, provision of clothing, shoes, overnight accommodation, urgent provision of temporary housing, etc.).

social counseling assistance.

All social services included in the federal list guaranteed by the state services can be provided to citizens free of charge, as well as on the terms of partial or full payment. Social services are provided free of charge:

1) single citizens (single married couples) and disabled people receiving a pension in an amount below the subsistence level;

2) elderly citizens and disabled people who have relatives but receive pensions below the subsistence level;

3) elderly people and disabled people living in families whose average per capita income is below the subsistence level.

Social services at the level of partial payment are provided to persons whose average per capita income (or the income of their relatives, members of their families) is 100-150% of the subsistence level.

Social services are provided on a full payment basis to citizens living in families whose average per capita income exceeds the subsistence level by 150%.

The sphere of social services for people with disabilities is divided into two main sectors - state and non-state.

Government sector form federal and municipal social service bodies.

Non-state sector social services unites institutions whose activities are based on forms of ownership that are not state or municipal, as well as persons engaged in private activities in the field of social services. Non-state forms of social services are provided by public associations, including professional associations, charitable and religious organizations.

Significant issues of social protection of disabled people received a legal basis in the Law “On Social Protection of Disabled People in the Russian Federation”. The law defines the powers of government bodies (federal and constituent entities of the Russian Federation) in the field of social protection of disabled people. It reveals the rights and responsibilities of medical authorities social expertise, which based on comprehensive survey of a person, establishes the nature and degree of the disease that led to disability, the disability group, determines the work schedule of working disabled people, develops individual and comprehensive rehabilitation programs for disabled people, gives medical and social opinions, makes decisions that are binding on government bodies, enterprises and organizations, regardless of their form of ownership.

The law establishes payment terms medical services services provided to disabled people, reimbursement of expenses incurred by the disabled person himself, his relationship with the rehabilitation authorities for the social protection of disabled people.

The law obliges all authorities, heads of enterprises and organizations to create conditions that allow people with disabilities to freely and independently use all public places, institutions, transport, move freely on the street, in their own homes, in public institutions, etc.

The law provides for benefits for priority receipt of appropriately equipped housing. In particular, disabled people and families with disabled children are given a discount of at least 50% on rent and payment utilities, and in residential buildings that do not have central heating - from the cost of fuel. Disabled people and families containing disabled people are given the right to priority receiving land plots for individual housing construction, gardening, farming and dacha farming.

Special attention The law pays attention to ensuring the employment of people with disabilities. The law provides financial and credit benefits to specialized enterprises that employ disabled people, as well as enterprises, institutions and organizations of public associations of disabled people; establishing quotas for hiring people with disabilities, in particular, for organizations, regardless of organizational and legal forms and forms of ownership, the number of employees in which is more than 30 people (the quota for hiring people with disabilities is set as a percentage of the average number of employees, but not less than 3% ). Public associations of disabled people and their enterprises, organizations, the authorized capital of which consists of a contribution public association disabled people are exempt from mandatory job quotas for disabled people.

The law defines legal norms to resolve such significant issues of employment of disabled people as the equipment of special workplaces, working conditions of disabled people, the rights, duties and responsibilities of employers in ensuring the employment of disabled people, the procedure and conditions for recognizing a disabled person as unemployed, state stimulation of the participation of enterprises and organizations in ensuring the livelihoods of disabled people.

The Law considers in detail the issues of material support and social services for people with disabilities. Significant benefits and discounts are provided for payment of utilities, for the purchase of disabled devices, tools, equipment, payment health resort vouchers, for use public transport, acquisition, technical care for personal vehicles, etc.

In addition to federal laws, social work specialists need to know departmental documents that provide reasonable interpretations of the application of certain laws or their individual articles.

A social worker also needs to know problems that have not been solved by legislation or have been solved but not implemented in practice. For example, the Law “On Social Protection of Persons with Disabilities” does not allow the production Vehicle that do not have adaptations for the free use of urban modes of transport by disabled people, or the commissioning of housing that does not provide adaptations for the free use of this housing by disabled people. But are there many buses and trolleybuses on the streets of Russian cities equipped with special lifts, with the help of which disabled people in wheelchairs could climb onto a bus or trolleybus independently? Just like decades ago, today, residential buildings are put into operation without any devices that would allow a disabled person to freely leave his apartment in a wheelchair, use an elevator, go down a ramp onto the sidewalk adjacent to the entrance, etc. and so on.

These provisions of the Law “On Social Protection of Persons with Disabilities” are simply ignored by everyone who is legally obliged to create the necessary conditions for the normal functioning of disabled people.

Current legislature practically does not protect the rights of children with disabilities to a decent and secure existence. The legislation provides for such amounts of social assistance for children with disabilities that directly push them to any work, since a person who has been deprived of everything necessary since childhood cannot live on a disability pension.

But even if financial problems are solved and the living environment of disabled people is completely reorganized, they will not be able to take advantage of the benefits provided without the appropriate equipment and devices. Need prosthetics Hearing Aids, special devices for glasses, notebooks for writing texts, books for reading, strollers, cars for transportation, etc. A special industry is needed for the production of disabled equipment and equipment. There are such enterprises in the country. They largely meet the diverse needs of people with disabilities. But in comparison with Western models of wheelchair equipment, our domestic ones lose in many ways: they are heavier, less durable, larger in size, and less convenient to use.

It is all the more gratifying to know that progress in better side has begun. For example, in Moscow, disabled people themselves organized the “Overcoming” rehabilitation center, which not only provides moral, educational, organizational assistance, but also established the release of wheelchairs, superior in many respects (weight, strength, mobility, functionality) to the world-famous Swedish strollers. For social worker This example is important because it suggests: among disabled people there are many talented master organizers.

One of the tasks of social work is to find these people, assist them in organizing their work, form a team around them and thereby help many.

1. Introduction.

2. The concept and system of social protection of disabled people.

3. The procedure for recognizing a citizen as disabled.

4. Providing life support for people with disabilities.

5. Rehabilitation of disabled people.

6. Marriage agreement

7. Conclusion

8. Literature

Introduction

Public organizations of disabled people are very active participants in the field of protecting people with disabilities. The fact is that currently in Article 33 of the federal law “On Social Protection of Disabled Persons” we have a definition of the concept of a public organization of disabled people (see the law). This is important because Disabled people themselves or their legal representatives can be members of public organizations of disabled people, and they must be at least 80% of the total number of members of the organization. The definition appeared when civil and tax legislation stumbled over the concept public organizations disabled people. It was important to note here that legal entities cannot be members of such organizations, only in 1998 this issue was resolved. For example, the All-Russian Society of the Disabled, the All-Russian Society of the Blind, the All-Russian Society of the Deaf. In our region we have a fairly strong organization of military disabled people. Regional organizations more important than federal ones, because although the federal ones have representative offices in the regions, they do not have much influence

The concept and system of social protection of disabled people.

In 1990, the USSR Law “On the Basic Principles of Social Protection of Disabled Persons in the USSR” appeared. It reflected not only the foundations of the new public policy in the field of social protection of people with disabilities, but definitions of various concepts also appeared, and for the first time provisions were established on the need to create an accessible living environment for people with disabilities. This law also lays the foundations for the establishment of a rehabilitation system. Unfortunately, this law was never implemented, because... The year was 1990, the end of the USSR, and the legislation of these years was practically not implemented in practice.

In 1995, the federal comprehensive program of social support for disabled people was approved, and the federal law of July 20, 1995 “On the social protection of disabled people in the Russian Federation” was adopted. Accepted federal laws For individual categories disabled people, and targeted programs were adopted to solve the problems of these individual categories, primarily meaning disabled children and people with disabilities military service. This stage lasted until the beginning of 2000. During this period, we managed to achieve: a new system disability examinations, the regulatory framework was updated, the basis for the implementation of legislation on rehabilitation was formed in order to try to integrate people with disabilities into the normal social environment.

Since 2000, with the adoption of the federal target program "Social support disabled people for 2000-2005" begins the third stage. The interpretation of the concept of a disabled person has really changed; previously, when deciding on the issue of disability, only one criterion was used - the person’s ability, due to health reasons, to continue working. Today, if we analyze the legislation of the previous two years, then There are four main signs of disability:

a. This is a special human condition, characterized by impaired body functions and of a stable nature.

b. This condition caused by chronic disease or an irreversible anatomical defect.

c. The presence of such a condition in a person must be certified in the appropriate manner by authorized medical authorities.

d. The result of this condition is a person’s inability to work (and currently - impairment of life activity, limitation of life activity, which implies a complete or partial loss of the ability to carry out self-care, move independently, navigate, communicate, control one’s behavior, study and engage in work).

The international definition of disability (broad) is similar to ours, and the narrow definition speaks only of loss of ability to work, and is used in the field of employment.

The social protection system for disabled people consists of two elements:

1. Life support system - with the help of this element, the state tries to provide the person with the opportunity for a decent existence.

2. Rehabilitation system - it can be of three types: social, professional, medical. The goal of rehabilitation is to create conditions for the development and improvement of a citizen’s ability to live a full life in society, despite disability.

The procedure for recognizing a person as disabled..

The Decree of the Government of the Russian Federation of August 13, 1996 approved the provision “On recognizing a person as disabled.” It established two forms of medical and social examination:

* The first form is the usual one - conducting a medical and social examination at the citizen’s place of residence, either at home or in a hospital where the citizen is undergoing treatment, i.e. This form requires a personal examination of the citizen.

* The second form is holding medical and social examination in absentia, with the consent of the citizen and availability necessary documents. Currently, it is not indicated in which cases a medical and social examination is carried out in absentia, but there is a tradition that an absentee examination is carried out if a citizen lives in a remote or hard-to-reach area.

Now, unfortunately, medical and social commissions rarely visit citizens, for example, a person is sick and cannot come to the commission, in theory they should go to the patient’s home, but the commission either doesn’t have a car or gasoline, and the patients have to do it on their own make do. A citizen can involve any specialist for examination at his own expense; this specialist has the right of an advisory vote, and in the event of an appeal against the decision of the medical and social examination, his opinion will help protect the rights of the citizen.

Both social protection authorities and health authorities can make referrals to medical and social examination institutions, and if a citizen wishes, he can directly contact the bureau of medical and social examination if he was refused a referral.

Duration for which a disability group is established: Group 1 - for two years; Groups 2 and 3 - for a year. If a disability is assigned to a child, then the disability group is not determined, the person is assigned the category “disabled child” and thus, our disabled children are persons under 18 years of age. Disability can be established for a citizen without a period for re-examination due to a long-term restriction of his life activity (at least five years), if it is impossible to eliminate the social deficiency, for example, irreversible anatomical defects.

The appeal procedure can be either departmental or judicial; as a general rule, we will leave this to your independent consideration.

Providing life support for people with disabilities.

Providing life support for people with disabilities includes various types cash payments and various services.

As for cash payments, the bulk of them are disability pensions and payments in the form of security for insurance cases. Various one-time and periodic payments are established in connection with health impairment as a result of emergency situations, natural disasters, etc.

Regarding services, people with disabilities have the right, first of all, to receive medical care, as well as drug provision free of charge or on preferential terms.

The following are entitled to free medicine:

1. Disabled people of the Second World War.

2. Disabled people of the first group, non-working disabled people of the second group, disabled children.

3. Disabled people of the first and second groups, suffering from mental illness.

4. Disabled people due to the Chernobyl disaster.

Disabled people of groups 2 and 3 are entitled to receive medications at a 50% discount if they work or are recognized as unemployed.

Disabled people are provided with discounts on housing and utility bills. The same discounts are provided for parents of disabled children, because... It is not the child himself who is the tenant. For legal representatives of disabled people with mental disorders no such benefit is provided.

If there are medical indications, a disabled person enters universities without competition, and for children who cannot attend school, the right to home education is provided.

Rehabilitation of disabled people.

Rehabilitation of disabled people is the process of implementing special measures aimed at eliminating or possibly more fully compensating for disability caused by health problems.

In the field of medical rehabilitation, citizens have the right to receive vouchers for sanatorium-resort treatment, or to pay related expenses. In addition, citizens have the right to reconstructive surgery and prosthetics. There are quite a few special acts; regulation is mainly carried out by special laws regarding spa treatment.

Vocational rehabilitation is carried out in four successive stages:

1. Professional guidance.

2. Professional education.

3. Professional and industrial adaptation.

4. Rational employment, i.e. employment that ensures compliance of the conditions and content of work with the citizen’s health status, as well as socio-economic equivalence recommended for him in his professional activities.

The most well-known measure to ensure the employment of people with disabilities is quotas. How effective is it and how much is it supported by the regulatory framework? Now the quota ranges from 2 to 4% and is set by the executive authorities of the constituent entities of the Russian Federation. Regional authorities must adopt mandatory regulations. Quotas apply to those enterprises that employ more than 30 people. Quotas apply to organizations of all forms of ownership, but according to Moscow legislation, quotas are not established for government bodies. This is typical for all government organizations.

For each disabled person, an individual rehabilitation program is developed, which contains a list of measures that must be implemented by government agencies, the employer, and other organizations in order to rehabilitate the citizen. All rehabilitation activities must be financed from the federal or regional budget; we must develop a federal basic rehabilitation program, which should list which activities should be financed by the federal budget. Our law “On Rehabilitation” has been adopted for seven years now, and since there is no basic program (which should indicate rehabilitation minimums), so few funds are allocated for this matter in the federal budget, the center shifts its responsibility to the regions, which also have money not without problems.

Social rehabilitation - independently.

Marriage contract.

A marriage contract is an agreement between the persons entering into marriage or an agreement between the spouses, defining their property rights and obligations in the marriage and (or) in the event of its dissolution.

The experience of foreign countries, in which the possibility of concluding a marriage contract has long been recognized by law, indicates that, as a rule, the conclusion of a marriage contract precedes marriage. This is also proven by Russian practice that is just beginning to take shape. Thus, out of 30 analyzed marriage contracts concluded in the Moscow region, 10 were concluded by persons entering into marriage; 14 - newlyweds married from 1 day to 2 months; 6 - spouses with different lengths of family life. In other words, most often the subjects of a marriage contract are the persons entering into marriage.

Persons entering into marriage are not yet spouses at the time the marriage contract is concluded. At the same time, the wording of the law is not entirely successful, since it can be interpreted as requiring marriage registration in the shortest possible time after concluding a marriage contract, which is actually not the case. Speaking about persons entering into marriage, the legislator did not mean to limit the conclusion of marriage following the marriage contract to any temporary locks, which is confirmed by the fact that nowhere further in the law is it specified how soon after the conclusion of the marriage contract the marriage must be registered. In this regard, it would be more accurate to talk about persons about to get married, rather than about persons entering into marriage. It should also be emphasized that the conclusion of a marriage contract is not additional condition marriage. Of particular interest to citizens is the question of the possibility of concluding a marriage contract by persons living in a civil marriage, which is understood as a stable family community without registering a marriage. Since the law does not recognize common-law partners as spouses, the general rule applies to the marriage contract concluded by them: the contract will come into force only after state registration marriage. If persons living in a civil marriage do not initially intend to formalize their relationship, then their conclusion of a marriage contract is pointless, since it will never come into force.

The law establishes that a marriage contract must be concluded in writing and notarized.

A written transaction must be concluded by drawing up a document expressing its contents. If necessary, assistance to citizens in drawing up a draft marriage contract can be provided by a lawyer legal advice or a notary who will certify the agreement. The duty of the notary is to explain the meaning and significance of the contract, as well as the legal consequences of its conclusion, so that the legal ignorance of citizens cannot be used to their detriment.

The text of the agreement must be written clearly and clearly, dates and deadlines related to the content of the agreement are indicated at least once in words. Last names, first names and patronymics of citizens, addresses and place of residence must be indicated in full (Article 45 of the Fundamentals of the Legislation of the Russian Federation on Notaries). These measures are aimed at eliminating discrepancies and the possibility of different interpretations of what is written in the contract.

The agreement must be sealed with the signatures of the persons who concluded it. If, for a good reason (due to a physical disability, illness, illiteracy) a citizen cannot sign with his own hand, then at his request the contract can be signed by another person. In this case, the signature of the latter must be certified by a notary or other official who has the right to carry out such a notarial act, indicating the reasons why the person making the agreement could not sign it.

Facsimile reproduction of a signature using mechanical or other copying means, which is an analogue of a handwritten signature, is permitted in cases and in the manner provided for by law, other legal acts or agreement of the parties.

To certify a marriage contract, citizens have the right to contact any notary working both in the state notary system and in private practice.

In accordance with the Law of the Russian Federation “On State Duty”, notarization of a marriage contract is subject to payment. The clarification of the Ministry of Finance of the Russian Federation on the application of the said Law states that in each specific case The state fee should be charged based on the terms of the marriage contract. For example, if the contract provides for the alienation of a specific real estate belonging to one of the spouses into the common shared ownership spouses, the state duty should be charged in accordance with subparagraph 1 of paragraph 4 of Article 4 of the Law of the Russian Federation “On State Duty”, as for certification of contracts the subject of which is the alienation of real estate, based on the value of the share of the alienated property.

In the case where the agreement is limited only to determining the legal regime of the spouses’ property and does not provide for alienation, the state duty should be collected in accordance with subparagraph 5 of paragraph 4 of Article 4 of the said Law as for certification of agreements, the subject of which is not subject to assessment. Currently, this amount is equal to twice the minimum wage.

If, in addition to certifying the contract, the notary took part in drawing up its draft, then for the provision of this service the state duty is paid in the amount of one minimum wage.

Notarization is carried out by making a certification inscription on a document, which is an agreement.

Since a marriage contract is a type of bilateral transaction, it is subject to the same rules that apply to transactions (Chapter 9 of the Civil Code of the Russian Federation), including those related to their form.

Failure to comply with the notarial form of the marriage contract entails its invalidity. In accordance with the law, such a transaction is considered void, that is, invalid, regardless of whether it is recognized as such by the court (clause 1 of article 165 of the Civil Code of the Russian Federation, clause 1 of article 166 of the Civil Code of the Russian Federation).

An invalid transaction does not entail legal consequences, except for those related to its invalidity, and is invalid from the moment of its completion (Clause 1 of Article 167 of the Civil Code of the Russian Federation).

A marriage contract by its nature is one of the varieties of civil contracts (Article 420 of the Civil Code defines a contract as an agreement of two or more persons on the establishment, change or termination of civil rights and obligations). Therefore, a marriage contract must meet the requirements that the Civil Code imposes on civil contracts (the legal capacity of the parties, their free will, the legality of the content of the contract, compliance with the established form) In addition, the amendment and termination of the marriage contract are made on the grounds and in the manner prescribed by the Civil Code for the amendment and termination of the contract. Nevertheless, a marriage contract has certain specifics compared to other civil contracts, which is enshrined in the Family Code.

The subjects of the marriage contract, as follows from Art. 40 of the IC, there can be both persons entering into marriage (that is, citizens who are not yet spouses, but intending to become one), and persons who have already entered into a legal marriage - spouses. The ability to enter into a marriage contract is related to the ability to marry. Therefore, a marriage contract can be concluded between capable citizens who have reached the age of marriage (that is, eighteen years old). If a person has not reached marriageable age, but has received permission from a local government body to get married, then he can enter into a marriage contract before registering the marriage with written consent parents or guardians). After marriage, the minor spouse acquires full civil legal capacity, which means he has the right to enter into a marriage contract independently. Emancipated minors have the right to independently enter into a marriage contract upon marriage in the prescribed manner, since from the moment of emancipation they become fully capable (Article 27 of the Civil Code). A citizen limited by the court in legal capacity (Article 30 of the Family Code) can be the subject of a marriage contract, but with the consent of his guardian. We believe that a marriage contract refers to transactions of a strictly personal nature (this is confirmed by a comparison of the content of Article 40 of the Family Code with Article 99 of the Family Code ), therefore, it cannot be concluded either with the participation of the legal representative of the person entering into marriage or the spouse, or by power of attorney.

Conclusion.

Against the backdrop of a declining working-age population, people with disabilities should be perceived as an unclaimed labor resource. It is necessary to move from abstract formulations about “specially created working conditions for people with disabilities” to the level of solving practical problems of employment.

It's no secret that many disabled people are ready and want to continue working. And here it is important to create such conditions so that they have the opportunity to participate in social production. This includes the creation of specialized jobs for people with disabilities, issues of quotas, and, most importantly, professional training for people with disabilities.

It is also necessary to develop a mechanism for improving the living standards of people with disabilities, primarily as socially guaranteed minimum standards and benefits for people with disabilities. At the same time, the expansion of benefits and services should primarily concern disabled people who are most in need, with a greater degree of disability or functional impairment of the body.

December 3 is International Day of Persons with Disabilities. This is not a holiday, this is a day when every country must report on how it respects the rights of people with disabilities, how it cares for them.

On this day, society should remember people with disabilities who need help, kindness, attention and compassion.

The marriage contract is terminated after the divorce, as well as after the court declares the marriage or marriage contract invalid. If any postnuptial conditions are included in the contract, it is terminated after their fulfillment.

When concluding a marriage contract, there is no need to be embarrassed. No matter how cloudless the future may seem family life, it is better to insure her against possible risks, capable of ruining your mutual happiness.

A prenuptial agreement is a solid foundation for an open and thorough relationship in which everyone is willing to accept their share of responsibility.

Such a marriage certainly cannot be called a frivolous step.

LITERATURE.

1. Constitution of the Russian Federation.

2. Law of the RSFSR "On state benefits for citizens with children" dated May 19, 1993. with changes and additions.

3. Law "On State Pensions of the RSFSR" dated November 20, 1990. with changes and additions.

4. Fundamentals of legislation on protecting the health of citizens dated July 22, 1993.

5. Law "On state guarantees and compensation for persons working and living in the Far North and equivalent areas" dated 02/19/93.

6. Resolution of the Council of Ministers of the RSFSR dated August 24, 1990. N 848 "On the confirmation procedure length of service for the purpose of pensions."

7. Regulations on the procedure for confirming length of service for the purpose of pensions in the RSFSR, approved. fast. Ministry of Labor and Ministry of Social Protection of the Russian Federation dated October 4, 1991.

8. Rules for calculating the continuous work experience of workers and employees when assigning state benefits social insurance, approved fast. Council of Ministers of the USSR 04/13/75. with changes and additions.

9. Regulations on the Social Insurance Fund, approved. fast. Government of the Russian Federation dated February 12, 1994.

10. Regulations on the procedure for providing benefits for state social insurance, approved. fast. Presidium of the All-Union Central Council of Trade Unions dated 12.11.04. with changes and additions.

11. Instructions on the procedure for issuing documents certifying temporary disability of citizens, approved. 10/19/94 12. Regulations on the procedure for assigning and paying benefits to citizens with children, approved. fast. Government 4.09.95 with changes and additions.

Social protection disabled people- a system of state-guaranteed economic, social and legal measures to ensure disabled people ...

SYSTEM OF SOCIAL PROTECTION OF PERSONS WITH DISABILITIES: CONCEPTS, ELEMENTS, STRUCTURE

Sidorova Daria Igorevna,

master's student in the direction of training "Social work",

Bilovus Vyacheslav Kazemirovich,

Candidate of Sociological Sciences,

Associate Professor of the Department of Social and Humanitarian Disciplines.

Institute of Service Sector and Entrepreneurship (branch)

Don State Technical University,

Ponomarev Pyotr Andreevich,

doctor of philosophical science,

Professor of the Department of Social and Humanitarian Disciplines.

Institute of Service Sector and Entrepreneurship

(branch) of Don State Technical University,

ANNOTATION:

The article discusses the system of social protection of disabled people: concepts, elements, structure; and models of social protection are considered.

Keywords : social protection, principles of social protection, effectiveness of the social protection system.

Social protection of the population is an important component social policy any state. The term “social security” was first used in the US Social Security Act in 1935, which legally defined a new institution for the country. compulsory insurance in cases of old age, death, disability and unemployment, later in the 1940s, in the documents of the International Labor Organization. Subsequently, the scope of this concept expanded during the development and adoption of conventions and recommendations of the ILO, the World Health Organization, the International Association social security etc. In the domestic economic literature, the concept of social protection appeared with the beginning of Russia’s transition from a planned economy to market relations, but to date it has not had a final definition, which is due to the undeveloped understanding of this system as social institution, and the complexity of the economic and social processes taking place in our country.

Thus, some authors consider social protection as the activity of the state to ensure personal development, as well as support for low-income groups of the population. Others - as a system of guarantees that ensure compliance with the most important human rights to a decent standard of living. Some researchers generally ignore the concept of social protection, remaining within the traditional categories of “social security” and “social insurance”.

In the federal regulatory legal acts of the Russian Federation, the definition of the concept of “social protection” is fixed in relation to specific categories of citizens - its recipients or is expressed by listing specific targeted measures, but there is no general interpretation of this category. So, for example, according to the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation”, “social protection of disabled people is a system of state-guaranteed economic, legal measures and social support measures that provide disabled people with conditions for overcoming, replacing ( compensation) for limitations in life activity and aimed at creating opportunities for them to participate in the life of society equal to other citizens,” and “social support for people with disabilities is a system of measures that ensures social guarantees disabled people, established by laws and other regulatory legal acts, with the exception of pension provision» .

IN currently In world science, various models of social protection of the population are distinguished. One of the most common classifications based on the criterion of “ideology” government structure, proposed by the Swedish scientist G. Esping-Andersen who identified the liberal model (separation of social protection from the free market, the desire for “targeted” means-tested assistance); conservative model (compensatory nature of assistance); social democratic model (providing cash and in-kind benefits or a set of services, an egalitarian approach to social assistance). Particular attention should be paid to the fact that the scientist makes a small amendment in his description of the types - the state may have a mixed type of social protection of the population.

Domestic scientist V.V. Antropov, analyzing the models of social protection used in the countries of the European Union, identifies four: continental or Bismarckian, Anglo-Saxon or Beveridge model, Scandinavian and Southern European.

The European Union has been operating in Europe for several decades now. social model, which is based on the ideas of social justice and ensuring fundamental human rights. For our state, the question of the possibility and feasibility of transferring the European model to the Russian practice of social protection of the population is important, but at the same time the level of socio-cultural development of Russia, its geographical position, demographic characteristics, historical traditions.

Any state creates its own model of social protection. Modern Russian system social protection is based primarily on the principles of humanism and social justice. Thus, in the Constitution of the Russian Federation, Russia is defined as a social state, “the policy of which is aimed at creating conditions that ensure a decent life and free development of people.” It "provides governmental support family, motherhood, paternity and childhood, disabled people and elderly citizens, the system is developing social services". Also, the Basic Law of the Russian Federation establishes for each citizen guarantees of social security by age, in case of illness, disability, loss of a breadwinner, for raising children and in other cases, established by law, voluntary social insurance is encouraged, the creation additional forms social security and charity.

From surveys conducted by Levada-Center in November 2014, it follows that

Russians still believe that the state should perform the function of social protection of the population. Only 4% of respondents are in favor of people taking care of themselves without government intervention. However, 71% of respondents now primarily rely on their own capabilities and strengths. Only every fourth Russian fully relies on state aid.

In Russia today there are about 13 million people with disabilities. Every year, more than 4 million people are examined in medical and social examination institutions, of which about 1 million people are recognized as disabled for the first time, and 2.5 million citizens are recognized as disabled again. According to the Ministry of Health and social development, the problem of increasing disability has moved into the category of “national security”.

In this regard, there is an increasing need to develop adequate measures of social protection for people with disabilities, the main goal of which is to restore their professional and social status, achieve their financial independence and social integration into society. Despite the fact that in Lately A number of laws have been adopted aimed at strengthening social support for people with disabilities, but their situation remains difficult.

The effectiveness of the social protection system can be assessed by comparing the financing of social protection system activities with poverty reduction. Figure 1 shows the dynamics of expenses for payment of benefits and social assistance to the population.

Figure 1 – Dynamics of payment expenses

benefits and social assistance in the Russian Federation (Source: Rosstat 2015)

The graph shows that over 6 years there was an increase in these expenses from 1.52 trillion. rub. in 2010 up to 2.23 trillion. rub. in 2015 But the number of poor people is not decreasing.

Figure 2 - Population change

with income below subsistence level

minimum and deficit of cash income in Russia

1. Introduction.

2. The concept and system of social protection of disabled people.

3. The procedure for recognizing a citizen as disabled.

4. Providing life support for people with disabilities.

5. Rehabilitation of disabled people.

6. Marriage agreement

7. Conclusion

8. Literature

Introduction

Public organizations of disabled people are very active participants in the field of protecting people with disabilities. The fact is that currently in Article 33 of the federal law “On Social Protection of Disabled Persons” we have a definition of the concept of a public organization of disabled people (see the law). This is important because public organizations of disabled people may consist of disabled people themselves, or their legal representatives, and they must be at least 80% of total number members of the organization. The definition appeared when civil and tax legislation stumbled over the concept of public organizations of disabled people. Here it was important to state that legal entities cannot be members of such organizations; only in 1998 was this issue resolved. For example, the All-Russian Society of the Disabled, the All-Russian Society of the Blind, the All-Russian Society of the Deaf. In our region we have a fairly strong organization of military disabled people. Regional organizations are more important than federal ones because although the federal ones have representative offices in the regions, they do not have much influence

The concept and system of social protection of disabled people.

In 1990, the USSR Law “On the Basic Principles of Social Protection of Disabled Persons in the USSR” appeared. It reflected not only the foundations of the new state policy in the field of social protection of people with disabilities, but also definitions of various concepts appeared, and for the first time provisions on the need to create an accessible living environment for people with disabilities were enshrined. This law also lays the foundations for the establishment of a rehabilitation system. Unfortunately, this law was never implemented, because... The year was 1990, the end of the USSR, and the legislation of these years was practically not implemented in practice.

In 1995, the federal comprehensive program of social support for disabled people was approved, and the federal law of July 20, 1995 “On the social protection of disabled people in the Russian Federation” was adopted. Federal laws were adopted for certain categories of disabled people, and targeted programs were adopted to solve the problems of these specific categories, primarily referring to disabled children and disabled people in military service. This stage lasted until the beginning of 2000. During this period, it was possible to achieve: a new system of disability assessment was formed, the regulatory framework was updated, the basis for the implementation of legislation on rehabilitation was formed in order to try to integrate people with disabilities into the normal social environment.

Since 2000, with the adoption of the federal target program “Social support for people with disabilities for 2000-2005”, the third stage begins. The interpretation of the concept of a disabled person has really changed; previously, when deciding on the issue of disability, only one criterion was used - the person’s ability, due to health reasons, to continue working. Today, if we analyze the legislation of the previous two years, we can identify four main signs of disability:

a. This is a special human condition, characterized by impaired body functions and of a stable nature.

b. This condition is caused by a chronic disease or irreversible anatomical defect.

c. The presence of such a condition in a person must be certified in the appropriate manner by authorized medical authorities.

The international definition of disability (broad) is similar to ours, and the narrow definition speaks only of loss of ability to work, and is used in the field of employment.

The social protection system for disabled people consists of two elements:

1. Life support system - with the help of this element, the state tries to provide the person with the opportunity for a decent existence.

The procedure for recognizing a person as disabled. .

The Decree of the Government of the Russian Federation of August 13, 1996 approved the provision “On recognizing a person as disabled.” It established two forms of medical and social examination:

* The second form is conducting a medical and social examination in absentia, with the consent of the citizen and the availability of the necessary documents. Currently, it is not indicated in which cases a medical and social examination is carried out in absentia, but there is a tradition that an absentee examination is carried out if a citizen lives in a remote or hard-to-reach area.

The appeal procedure can be either departmental or judicial; as a general rule, we will leave this to your independent consideration.

Providing life support for people with disabilities.

Providing life support for people with disabilities includes various types of cash payments and various services.

As for cash payments, the bulk of them are disability pensions and payments in the form of security for insurance cases. Various one-time and periodic payments are established in connection with health problems resulting from emergency situations, natural Disasters etc.

As for services, people with disabilities have the right, first of all, to receive medical care, as well as to receive medications free of charge or on preferential terms.

The following are entitled to free medicine:

1. Disabled people of the Second World War.

2. Disabled people of the first group, non-working disabled people of the second group, disabled children.

3. Disabled people of the first and second groups, suffering from mental illness.

4. Disabled people due to the Chernobyl disaster.

Disabled people of groups 2 and 3 are entitled to receive medications at a 50% discount if they work or are recognized as unemployed.

Disabled people are provided with discounts on housing and utility bills. The same discounts are provided for parents of disabled children, because... It is not the child himself who is the tenant. This benefit is not provided for legal representatives of people with mental disabilities.

In the presence of medical indications, a disabled person enters universities without competition, and for children who cannot attend school, the right to home education is provided.

Rehabilitation of disabled people.

Rehabilitation of disabled people is the process of implementing special measures aimed at eliminating or possibly more fully compensating for disability caused by health problems.

In the field medical rehabilitation citizens have the right to receive vouchers for sanatorium-resort treatment, or to pay related expenses. In addition, citizens have the right to restorative surgical operations, for prosthetics. There are quite a few special acts; regulation is mainly carried out by special laws regarding spa treatment.

Vocational rehabilitation is carried out in four successive stages:

1. Professional guidance.

2. Professional education.

3. Professional and industrial adaptation.

For each disabled person, an individual rehabilitation program is developed, which contains a list of measures that must be implemented by government agencies, the employer, and other organizations in order to rehabilitate the citizen. All rehabilitation measures should be financed from the federal or regional budget, we must develop a federal basic rehabilitation program, which should list what activities should be financed by the federal budget. Our law “On Rehabilitation” has been adopted for seven years now, and since there is no basic program (which should indicate rehabilitation minimums), so few funds are allocated for this matter in the federal budget, the center shifts its responsibility to the regions, which also have money not without problems.

Social rehabilitation - independently.

Marriage contract.

Persons entering into marriage are not yet spouses at the time the marriage contract is concluded. At the same time, the wording of the law is not entirely successful, since it can be interpreted as the need to register a marriage as soon as possible after the conclusion of a marriage contract, which is actually not the case. Speaking about persons entering into marriage, the legislator did not mean to limit the conclusion of marriage following the marriage contract to any temporary locks, which is confirmed by the fact that nowhere further in the law is it specified how soon after the conclusion of the marriage contract the marriage must be registered. In this regard, it would be more accurate to talk about persons about to get married, rather than about persons entering into marriage. It should also be emphasized that the conclusion of a marriage contract is not an additional condition for marriage. Of particular interest to citizens is the question of the possibility of concluding a marriage contract by persons living in civil marriage, which is understood as a stable family community without marriage registration. Since the law does not recognize common-law partners as spouses, the marriage contract they have entered into is subject to general rule: the agreement will come into force only after state registration of the marriage. If persons living in a civil marriage do not initially intend to formalize their relationship, then their conclusion of a marriage contract is pointless, since it will never come into force.

The law establishes that a marriage contract must be concluded in writing and notarized.

A written transaction must be concluded by drawing up a document expressing its contents. If necessary, assistance to citizens in drawing up a draft marriage contract can be provided by a legal advice lawyer or a notary who will certify the contract. The duty of the notary is to explain the meaning and significance of the contract, as well as the legal consequences of its conclusion, so that the legal ignorance of citizens cannot be used to their detriment.

The agreement must be sealed with the signatures of the persons who concluded it. If according to good reason(due to a physical disability, illness, illiteracy) a citizen cannot sign with his own hand, then at his request the contract can be signed by another person. In this case, the signature of the latter must be certified by a notary or another official, having the right to carry out such a notarial act, indicating the reasons why the person making the agreement could not sign it.

To certify a marriage contract, citizens have the right to contact any notary working both in the state notary system and in private practice.

In accordance with the Law of the Russian Federation “On State Duty”, notarization of a marriage contract is subject to payment. The clarification of the Ministry of Finance of the Russian Federation on the application of this Law states that in each specific case the state duty should be collected based on the terms of the marriage contract. For example, if an agreement provides for the alienation of specific real estate belonging to one of the spouses into the common shared property of the spouses, the state duty should be charged in accordance with subparagraph 1 of paragraph 4 of Article 4 of the Law of the Russian Federation “On State Duty”, both for certification of agreements the subject of which is the alienation of real estate, based on the value of the share of the alienated property.

If, in addition to certifying the contract, the notary took part in drawing up its draft, then for the provision of this service the state duty is paid in the amount of one minimum wage.

Notarization is carried out by making a certification inscription on a document, which is an agreement.

The subjects of the marriage contract, as follows from Art. 40 of the IC, there can be both persons entering into marriage (that is, citizens who are not yet spouses, but intending to become one), and persons who have already entered into a legal marriage - spouses. The ability to enter into a marriage contract is related to the ability to marry. Therefore, a marriage contract can be concluded between capable citizens who have reached the age of marriage (that is, eighteen years old). If a person has not reached the age of marriage, but has received permission from a local government body to get married, then he can enter into a marriage contract before registering the marriage with the written consent of his parents or guardians). After marriage, the minor spouse acquires full civil legal capacity, which means he has the right to enter into a marriage contract independently. Emancipated minors have the right to independently enter into a marriage contract upon marriage in the prescribed manner, since from the moment of emancipation they become fully capable (Article 27 of the Civil Code). A citizen limited by the court in legal capacity (Article 30 of the Family Code) can be the subject of a marriage contract, but with the consent of his guardian. We believe that a marriage contract refers to transactions of a strictly personal nature (this is confirmed by a comparison of the content of Article 40 of the Family Code with Article 99 of the Family Code ), therefore, it cannot be concluded either with the participation of the legal representative of the person entering into marriage or the spouse, or by power of attorney.

Conclusion.

It's no secret that many disabled people are ready and want to continue labor activity. And here it is important to create such conditions so that they have the opportunity to participate in social production. This includes the creation of specialized jobs for people with disabilities, issues of quotas, and, most importantly, professional training for people with disabilities.

On this day, society should remember people with disabilities who need help, kindness, attention and compassion.

When concluding a marriage contract, there is no need to be embarrassed. No matter how cloudless your future family life may seem, it is better to insure it against possible risks that could ruin your mutual happiness.

A prenuptial agreement is a solid foundation for an open and thorough relationship in which everyone is willing to accept their share of responsibility.

Such a marriage certainly cannot be called a frivolous step.

LITERATURE.

1. Constitution of the Russian Federation.

2. Law of the RSFSR "On state benefits for citizens with children" dated May 19, 1993. with changes and additions.

3. Law "On State Pensions of the RSFSR" dated November 20, 1990. with changes and additions.

4. Fundamentals of legislation on protecting the health of citizens dated July 22, 1993.

5. Law “On state guarantees and compensation for persons working and living in the Far North and equivalent areas” dated February 19, 1993.

6. Resolution of the Council of Ministers of the RSFSR dated August 24, 1990. N 848 "On the procedure for confirming seniority for the purpose of pensions."

8. Rules for calculating the continuous work experience of workers and employees when assigning benefits for state social insurance, approved. fast. Council of Ministers of the USSR 04/13/75. with changes and additions.

9. Regulations on the Social Insurance Fund, approved. fast. Government of the Russian Federation dated February 12, 1994.