Social services are an objective need of citizens who find themselves in difficult life situations. However, at present the level of efficiency of social services is not high enough. This is due to various factors, including, first of all, economic. It is expressed in the lack of funding for the social service sector, which leads to the low quality of social services, their inaccessibility, staffing shortages of social workers, and poor material and technical equipment of social service institutions.

The next factor hindering the successful development of the social service institution is imperfection of legislation, its inconsistency and fragmentation, duplication of some acts by others. Often, there are no clearly formulated concepts of one or another type of social service. This creates difficulties in study and law enforcement practice.

In Russian society there are a large number of people with signs of disability. It is no secret that recently the country has been experiencing a deterioration in the health of the nation, an aging society, low income levels, and unemployment.

It is obvious that in the area under consideration, solutions require problems in two main areas: in the area socio-economic development And legislative regulation. Problems of social services in Russia and ways to solve them, Information portal, New fact // URL: http: //www.new-fact.ru/? p=1383 (date of access: 08.12.14)

To resolve many issues, measures to reform social services are needed. In particular, a transition to a funded system in the field of social services is necessary - social insurance, when citizens, through personal contributions to the formed fund, will be able to receive social services if they find themselves in a difficult life situation.

A measure that can change the financial situation is the creation state extra-budgetary fund social services, which will allow concentrating existing revenues (tax and other) and further spending them exclusively in the field of social services.

The next step could be the development non-state social service systems, in particular strengthening the role of public organizations (trade unions, religious organizations, public foundations, charitable organizations, etc.).

When reforming the social service sector, it is also necessary to pursue a policy regional alignment With the goal of creating an equal level of social services throughout the country. However, it is important here not to allow a leveling approach and to apply individual measures to different regions. Problems of social services in Russia and ways to solve them, Information portal, New fact // URL: http: //www.new-fact.ru/? p=1383 (date of access: 08.12.14)

One of the measures to improve the situation in the field of social services is to provide regions with the opportunity to search additional non-standard solutions, for example, stimulating charitable activities, developing non-traditional types of social services, such as a home-based sanatorium or a social service institution on wheels.

In the field of protecting people with disabilities - one of the most vulnerable categories, it is necessary: increase in volume and quality, manufactured prosthetic and orthopedic products, rehabilitation products; increase in the number of institutions, specializing in such production; equipment of places for training disabled people in general education institutions, expanding the network of specialized educational institutions.

As part of improving legislation, it is necessary to adopt codified act at the level of law, regulating the main issues in the field of social services. This will streamline and systematize existing legislation on social services.

In further work with the legislative framework, it is important expansion of the subject composition of those in need, moving away from the concept of social service as an institution that regulates the relations of a narrow circle of subjects, only the elderly, disabled and low-income people.

Social services for the population is a mechanism that allows one to practically solve complex issues of the life of society, family and individual. Therefore, it is important that social priorities and guarantees are firmly established in legislation. Gradually, a new model of the social service system must be built that meets the current needs of society and the economic capabilities of the state. Problems of social services in Russia and ways to solve them, Information portal, New fact // URL: http: //www.new-fact.ru/? p=1383 (date of access: 08.12.14)

Analysis of indicators for the implementation of social services using the example of the municipalities "Kotlas" and "Kotlas district"

The main indicators of the implementation of social services using the example of the municipalities "Kotlas" and "Kotlas district" are presented in Appendix 4.

Figure 1 - Age structure of social services at home for males

Based on the figure, we can conclude that the majority of the male population receiving social services at home is between the ages of 80 and 89 years.

Figure 2 - Age structure of social services at home for women

Based on the figure, we can conclude that the majority of the female population receiving social services at home is between the ages of 80 and 89 years.

Figure 3 - Age structure of the specialized department of social and medical services at home for males

Based on the figure, we can conclude that the majority of the male population located in a specialized department of social and medical services at home is between the ages of 60 and 74 years.

Figure 4 - Age structure of the specialized department of social and medical services at home for women

Based on the figure, we can conclude that the majority of the female population located in a specialized department of social and medical services at home is between the ages of 80 and 89 years.

Social service concept

Considering the question of the features and problems of social services, let’s figure out what it is.

In modern theoretical science, it is generally accepted that social services are an area of ​​social work, part of the social policy of the state, within the framework of which the state provides social assistance and support to the population in need with the aim of their adaptation and harmonious development.

Features of social services

The features of social service lie in its understanding. Since social services are considered part of the state’s social policy, the state has a leading role in this area of ​​activity. The Institute of Non-Governmental Social Service Organizations has just begun its formation.

Despite the relative youth of the institution of non-state social services, it is intended to complement the state system of social services by diversifying the content of social services, increasing the volume of services and improving their quality and the quality of service delivery.

Note 1

In connection with the significance of the role of the non-state sector, it is worth noting that the state should assist in the formation of a system of both state and non-state assistance, since it is the state that has many opportunities for the formation of a complementary system for the provision of social services.

Currently, the social service system is undergoing changes, being in the process of forming a network of social institutions that, when providing social services, take into account the specifics of the constituent entities of the Russian Federation, their economic situation, cultural and climate characteristics, etc.

The social service system in our country began its formation during a period of crises, both economic and sociocultural, which required a change in the conceptual framework of social work and the formation of a personnel base, as well as changes in the regulatory framework in the field of social services.

At the moment, the economic situation in Russia determines the scale, content and specificity of social services provided to the population. The current economic situation is characterized by:

• increasing the scale of social services,
• increasing the number of social services;
• an increase in the number of people in need of social support.

Note 2

A new milestone in the development of the social service system was the adoption of the new federal law “On the Fundamentals of Social Services for the Population”, which made it possible to more deeply introduce the principle of targeting in the provision of social services, and also removed from circulation the concept of types of social services, which had previously been the basis for the adoption of regulatory standards. legal acts in this area and created the opportunity for the formation of a non-state social service sector.

Problems of social services in Russia and ways to solve them

Financing social services.

The economic situation in our country is developing in such a way that the number of people in need of social services is growing. Meanwhile, the number of resources is still limited. With simple calculations, in conditions of limited resources and an increase in the number of people in need of them, a situation of resource shortage inevitably develops. One of the large-scale problems of social services for the population is insufficient funding. An attempt to improve the situation was made with the adoption of a new federal law on the fundamentals of social services, which provides opportunities for the development of the non-state sector of social services, as well as defining a list of paid services, accordingly allocating income from the provision of social services to a separate source of financing for this area of ​​social work.

Insufficient legal and regulatory framework.

The adoption of a new law on social services has resolved many legal problems in the field of delimitation and transfer of powers in the field of social services to the municipal level, where assistance to the population is more targeted. The new law does not contain the concept of a difficult life situation; it has been replaced by circumstances that are grounds for the provision of social services. Also, an innovation of the federal law on social services was the maintenance of an individual program for the recipient of social services, taking into account the conditions and needs of the consumer of social services.

Note 3

At the moment, social security law and social services as its institution require the adoption of a codified normative act.

Lack of qualified personnel.

Despite the fact that the institute of social work has been formed in Russia for decades, the question of staffing for social services remains open. This area of ​​work is characterized by low wages and high psychological wear and tear, which is the reason for the unpopularity of the profession of social work specialist in educational institutions.

Undeveloped non-state sector of social services for the population.

The adoption of the law on the fundamentals of social services has opened up some additional opportunities for the development of the non-state sector. It is necessary to strengthen the role and participation of public and religious organizations in social service activities.

Inequality of the resource base of the constituent entities of the Russian Federation in social services.

The problem of inequality can be solved by distributing resources between subjects, taking into account the characteristics of regional social services, living conditions, the economy of the region, etc. It is also possible to provide regions with greater powers in the field of social services, the possible use and development of regional forms of social services

Thus, to summarize the above, we note that social services are a mechanism for solving social problems of society, social groups and individuals in particular, therefore social services should be built with a focus on the priority of human rights and freedoms.

Coursework

Sociology, social work and statistics

Concept of social service Principles of social service Rights and obligations of recipients of social services Forms and types of social services Regulatory legal acts governing social services...

Introduction……………………………………………………………………………… p.3-5

Chapter 1. The concept of social service………………......……….. p. 6-21

§1. Principles of social service………………………………. With. 6-10

§2. Rights and obligations of recipients of social services……………… p.11-15

§3. Forms and types of social services………………………… p. 15-21

Chapter 2. Regulatory legal acts regulating social services………………………………………………………………………………... p. 22-38

Chapter 3. Problems and prospects of social services in the Russian Federation……………………………………………………………… p. 39-48

Conclusion…………………………………………………………..…… p. 49-53

Bibliography………………………...……...………..…… With. 54-56

Appendix No. 1 Determination of the Primorsky Regional Court dated December 24, 2014 in case No. 33-11264…………………………………………………….… p. 57-62

INTRODUCTION

The research topic of my final qualifying work is the legal foundations of social services in the Russian Federation. The topic discussed has its own relevance and problems.

At each stage of the development of the state, various difficulties and obstacles naturally occur, including those that make adjustments to the lives of ordinary citizens. But elderly and aging people, disabled people, people in difficult life situations, orphans, large families, etc. are unable to fully provide themselves with an acceptable standard of living. The state is obliged to help them and smooth out problems in the standard of living of such categories of the population.

Along with other functions and tasks, the social function of the state is one of the main directions of its activities, which is to provide citizens with a high-quality and fulfilling life, resolve social contradictions and protect the agreed interests of citizens on the basis of legally established social standards.

Human rights and freedoms are recognized as the highest value in our state. Recognition, observance and protection of human and civil rights and freedoms is the responsibility of the state.

The Russian Constitution of 1993 enshrines human rights in the field of social security. The Constitution of the Russian Federation states that “The Russian Federation is a social state, the policy of which is aimed at creating conditions that ensure a decent life and free development of people.” 2".

One of the relatively independent elements of the social security system, complementing the provision of cash security, is social services for certain categories of citizens. At present, when the size of cash payments under the social security system does not allow the most vulnerable categories of citizens to independently overcome life's difficulties, the social service system is a significant element of social support for them.

From January 1, 2015, with the entry into force of the new Federal Law of December 28, 2013 No. 442-FZ “On the fundamentals of social services for citizens in the Russian Federation” 3 this type of social security has acquired a new meaning. In addition to this law, there are regulatory legal acts that establish the right of certain categories to social security, including social services. Such acts include Federal Laws of December 21, 1996 No. 159-FZ “On additional guarantees for social support for orphans and children without parental care” 4 , dated January 12, 1995 No. 5-FZ “On Veterans” 5 , dated November 24, 1995 No. 181-FZ “On social protection of disabled people in the Russian Federation” 6 .

Social services in the social security system occupy a separate place, since the degree of development of services can be considered as one of the significant indicators of the level of overall social security.

The purpose of the final qualifying work is to consider the legal foundations of social services in Russia.

Job objectives:

Definition of the concept of social service;

Disclosure of the content of citizens' right to social services;

Review of social service principles;

Disclosure of the basic rights and obligations of recipients of social services;

Classification and characteristics of forms and types of social services;

Outlining the role of international human rights instruments that establish the right to social security and services;

Analysis of basic laws on social service issues;

Study of problems and prospects for the development of social services in our country.

General theoretical principles about social services in one form or another have been touched upon and discussed in various textbooks, teaching aids, and scientific articles. Some works contain proposals for improving current legislation; law enforcement practice is analyzed.

At different times, prominent representatives of jurisprudence and science were engaged in the study of social security and social services. Many of them contributed to the development of social security theory.

Problems of legal regulation of public relations in social services were studied by the following jurists and scientists: B.C. Andreev, E.E. Machulskaya, E.G. Tuchkova, V.Sh. Shaikhatdinov and others.

The basis of the study is formed by international legal acts, regulatory legal acts of Russia, regulating relations in social services.

The structure of the final qualifying work reflects the intended goals and objectives of the study. The work consists of an introduction, three chapters, a conclusion, a list of normative acts and a list of references.

CHAPTER 1. CONCEPT OF SOCIAL SERVICE

§1. Principles of social service

Social services are one of the elements of the entire social security system. Along with other components of social security, it helps to support needy categories of the population.

Social services for the population are a special mechanism that allows one to participate in solving the problems of society, its various social groups and the individual.

Social services are complex in nature and include various types of social services intended for citizens to meet their specific needs due to important reasons: illness, disability, old age, raising children, etc.

Based on Article 3 of the Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation,” social services for citizens is the activity of providing social services to citizens.

Social service is an action or actions in the field of social services to provide constant, periodic, one-time assistance, including urgent assistance, to a citizen in order to improve his living conditions and (or) expand his ability to independently provide for his basic life needs. 7

It should be emphasized that “social service” as a legal category in social security law differs from the concept of service used in civil law.

Social services are provided to citizens not in cash (unlike pensions, benefits, compensation), but in kind; their provision is financed from budget funds. The state can establish state standards for social services, and the subjects of the Federation can expand their scope and introduce additional types of social services.

Thus, a social service is different from any other service. It turns out to be a clearly defined category of citizens (elderly, disabled people, orphans, etc.). Social services are designed to satisfy the special needs of this category of citizens and this happens at the expense of society, and not personal income and funds. Also, a social service is provided in the form of a specific in-kind service. In addition, social services cannot be reimbursed in monetary form.

According to Article 4 of this law, social services are based on respect for human rights and respect for the dignity of the individual, are humane in nature and do not allow humiliation of a person’s honor and dignity.

Social services are also provided on the following principles:

1) equal, free access of citizens to social services, regardless of their gender, race, age, nationality, language, origin, place of residence, attitude to religion, beliefs and membership of public associations;

2) targeting of the provision of social services;

3) the proximity of social service providers to the place of residence of recipients of social services, the sufficiency of the number of social service providers to meet the needs of citizens for social services, the sufficiency of financial, material, technical, human and information resources of social service providers;

4) maintaining the citizen’s stay in a familiar favorable environment;

5) voluntariness;

6) confidentiality 8 .

If we talk about the principle of targeting, it involves providing social services to those who currently need it and who have written a corresponding application. Targeting is the provision of personalized information to a specific person. Social protection bodies, bodies of the Federal Migration Service, etc. monitor the identification of persons in need of social services; they receive information about families with children, refugees and forced migrants, orphans, etc. These bodies identify and create a data bank of such persons. 9

The priority given to minors is due to the increased social vulnerability of children due to their age. The welfare state sets as its priority the special care of all children, including those who find themselves in difficult life situations.

And the creation and functioning of specialized institutions for social services to the population, providing free assistance or with partial payment of the cost, located within territorial accessibility, makes it possible to implement the principle of accessibility of social services. There are also lists of social services in accordance with the needs of certain population groups. In addition, everyone has the right to receive information about the procedure and conditions for receiving social services, its types, etc.

The principle of voluntariness implies that social services will be provided only on the basis of the desire of the person in need, that is, with his consent and good will, which is expressed in his submission of a personal application. But in exceptional cases directly specified in the law, an application can be submitted, for example, by the legal representative of the person in need of help. And at any time you have the opportunity to refuse to receive social services.

Based on the principle of humaneness of social services, social institutions must provide assistance to people with due attention and care, without causing moral and physical suffering, that is, employees of these institutions must show respect for their patients so that they feel as comfortable as possible while being in a favorable environment . Humanity implies that persons living in residential institutions have the right to freedom from punishment. Employees of inpatient institutions who commit these violations bear disciplinary, administrative or criminal liability.

Confidentiality means that personal information that becomes known to employees of social service institutions during the provision of social services constitutes a professional secret. Employees guilty of disclosing it bear liability established by law. That is, the principle of confidentiality means that those working in institutions providing social services do not have the right to disseminate information about people who have applied for help.

This principle is separately enshrined in Article 6 of the Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation”:

"1. Disclosure of information classified by the legislation of the Russian Federation as information of a confidential nature or proprietary information about recipients of social services by persons to whom this information became known in connection with the performance of professional, official and (or) other duties is not permitted. Disclosure of information about recipients of social services entails liability in accordance with the legislation of the Russian Federation.

2. With the consent of the recipient of social services or his legal representative, given in writing, it is permitted to transfer information about the recipient of social services to other persons, including officials, in the interests of the recipient of social services or his legal representative, including the media and the official website provider of social services in the information and telecommunications network "Internet" (hereinafter referred to as the "Internet").

3. Providing information about a recipient of social services without his consent or without the consent of his legal representative is permitted:

1) at the request of the bodies of inquiry and investigation, the court in connection with an investigation or trial, or at the request of the prosecutor's office in connection with their exercise of prosecutorial supervision;

2) at the request of other bodies empowered to exercise state control (supervision) in the field of social services;

3) when processing personal data within the framework of interdepartmental information interaction, as well as when registering the subject of personal data on a single portal of state and municipal services and (or) regional portals of state and municipal services in accordance with the legislation on the organization of the provision of state and municipal services;

4) in other cases established by the legislation of the Russian Federation" 10 .

§2. Rights and obligations of recipients of social services

Citizens exercise their subjective right to social services in the state system of social services by entering into social service relationships.

Citizens, as subjects of legal relations for social services, in addition to rights, bear responsibilities. These responsibilities correspond to the rights of another subject of the legal relationship for social services.

A recipient of social services is a citizen who is recognized as in need of social services and to whom a social service or social services are provided.

The rights and obligations of recipients of social services are described in Chapter 3 of the Federal Law “On the fundamentals of social services for citizens in the Russian Federation” 11 .

Thus, according to this regulatory act, recipients of social services have the right to:

1) respectful and humane attitude.

This right follows from the norm of Part 1 of Art. 4 of this Law, which establishes that social services are based on respect for human rights and respect for the dignity of the individual, are humane in nature and do not allow humiliation of a person’s honor and dignity.

2) obtaining free information in an accessible form about one’s rights and obligations, types of social services, terms, procedure and conditions for their provision, tariffs for these services and their cost for the recipient of social services, the possibility of receiving these services free of charge, and also about social service providers.

In paragraph 4 of Part 1 of Art. 12 of the Law in question establishes the obligation of social service providers, corresponding to this right, to provide free of charge in an accessible form to recipients of social services or their legal representatives information about their rights and obligations, types of social services, terms, procedure and conditions for their provision, tariffs for these services and about their cost for the recipient of social services or about the possibility of receiving them for free. Information openness of social service providers is enshrined in the provisions of Art. 13 of the Law.

3) selection of a provider or providers of social services.

Citizens have the right to choose an institution and form of social services in the manner established by the social protection bodies of the population of the constituent entities of the Russian Federation.

4) refusal to provide social services.

Article 18 of this Law is devoted to refusal of social services, social services, in part 1 of which the provision on the right of a citizen or his legal representative to refuse social services or social services is duplicated. As established there, the refusal is made in writing and entered into the individual program of a particular person.

5) protection of their rights and legitimate interests in accordance with the legislation of the Russian Federation.

This Law on the judicial procedure for protecting the rights and legitimate interests of recipients of social services states in Part 3 of Article 15 that a decision to refuse social services can be appealed in court.

6)participation in the preparation of individual programs.

Such participation involves an individual approach to identifying recipients of the social services they need based on the citizen’s need for social services. An individual program is a document that specifies the form of social services, types, volume, frequency, conditions, terms for the provision of social services, a list of recommended providers of social services, as well as social support activities.

7) ensuring conditions of stay in social service organizations that meet sanitary and hygienic requirements, as well as proper care.

Employees of the relevant institution must provide their clients with living conditions that meet sanitary and hygienic requirements; nursing, primary health care, etc.

8) free visits by legal representatives, lawyers, notaries, representatives of public and (or) other organizations, clergy, as well as relatives and other persons during the day and evening.

In paragraph 11 of Part 1 of Art. 12 of the Law accordingly establishes the obligation of social service providers to provide recipients of social services with the opportunity to freely visit their legal representatives, lawyers, notaries, representatives of public and (or) other organizations, clergy, as well as relatives and other persons during the day and evening.

9) social support in accordance with Article 22 of this Federal Law.

Social support is assistance in the provision of medical, psychological, pedagogical, legal, social assistance that is not related to social services.

If necessary, citizens, including parents, guardians, trustees, and other legal representatives of minor children, are provided with assistance in providing medical, psychological, pedagogical, legal, and social assistance that is not related to social services.

Social support is carried out by attracting organizations providing such assistance on the basis of interdepartmental interaction in accordance with Article 28 of this Federal Law. Social support activities are reflected in the individual program.

Corresponding to the right under consideration, the obligation of social service providers to provide social support is enshrined in clause 7, part 1, art. 12 of this Law.

In turn, recipients of social services are obliged to:

1) provide, in accordance with the regulatory legal acts of the constituent entity of the Russian Federation, information and documents necessary for the provision of social services.

List of documents required for the provision of social services in accordance with clause 5, part 2, art. 27 of the Law should be covered by the procedure for the provision of social services established by the forms of social services and types of social services. Such a list of documents must indicate the documents and information that the recipient of the social service must submit, and the documents that are subject to submission within the framework of interdepartmental information interaction or are submitted by the recipient of the social service on his own initiative.

2) promptly inform social service providers about changes in circumstances that determine the need for the provision of social services.

Circumstances that worsen or may worsen the living conditions of a citizen and in the presence of which citizens are recognized as in need of social services are listed in Part 1 of Art. 15 of the Law. The list of such circumstances is open, that is, there may be other circumstances, in addition to those listed in the article, which are recognized by the regulatory legal acts of a constituent entity of the Russian Federation as worsening or capable of worsening the living conditions of citizens.

3) comply with the terms of the contract for the provision of social services concluded with the provider of social services, including promptly and in full paying the cost of the social services provided when they are provided for a fee or partial payment.

In accordance with Part 2 of Art. 17 of this Law, the essential terms of the contract for the provision of social services are the provisions determined by the individual program, as well as the cost of social services if they are provided for a fee or partial payment. In the event of a violation by the recipient of social services of the terms of the contract for the provision of social services concluded with him or his legal representative, the provider of social services in accordance with the provisions of paragraph 1 of Part 2 of Art. 11 of the Law provides the right to refuse to provide social services to a recipient of social services.

§3. Forms and types of social services

Chapter 6 of the Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation” is dedicated to them.

According to Article 19 of this law,

"1. Social services are provided to their recipients in the form of social services at home, or in a semi-stationary form, or in a stationary form.

2. Social services in a semi-stationary form are provided to their recipients by a social service organization at a certain time of the day.

3. Social services in a stationary form are provided to their recipients with permanent, temporary (for a period determined by an individual program) or five-day (per week) round-the-clock residence in a social service organization. Recipients of social services in a stationary form are provided with residential premises, as well as premises for the provision of the types of social services provided for in paragraphs 1 - 7 of Article 20 of this Federal Law.

4. When providing social services in a semi-stationary form or in a stationary form, the following must be provided:

1) the possibility of accompanying the recipient of social services when moving around the territory of a social service organization, as well as when using the services provided by such an organization;

2) the ability to independently move around the territory of a social service organization, enter, exit and move within such an organization (including for movement in wheelchairs), for rest in a sitting position, as well as accessible placement of equipment and storage media;

3) duplicating text messages with voice messages, equipping a social service organization with signs made in embossed dotted Braille, familiarizing them with inscriptions, signs and other text and graphic information on the territory of such an organization, as well as the admission of a sign language interpreter, the admission of guide dogs;

4) duplication of voice information with text information, inscriptions and (or) light signals, information about the social services provided using Russian sign language (sign language interpretation), admission of a sign language interpreter;

5) provision of other types of outside assistance.

5. Citizens from among those released from places of deprivation of liberty, for whom administrative supervision has been established in accordance with the legislation of the Russian Federation and who have partially or completely lost the ability to self-care, in the absence of medical contraindications and upon their personal application, are accepted for social services in inpatient organizations social services with special social services in the manner established by regulatory legal acts of the constituent entities of the Russian Federation.

6. Issues of admission to inpatient social service organizations and discharge from such organizations of persons suffering from mental disorders are regulated by the legislation of the Russian Federation on psychiatric care.” 12 .

Article 20 states that “recipients of social services, taking into account their individual needs, are provided with the following types of social services:

1) social and domestic, aimed at maintaining the life of recipients of social services in everyday life;

2) social and medical, aimed at maintaining and preserving the health of recipients of social services by organizing care, providing assistance in carrying out health-improving activities, and systematically monitoring recipients of social services to identify deviations in their health;

3) socio-psychological, providing assistance in correcting the psychological state of recipients of social services for adaptation in the social environment, including the provision of psychological assistance anonymously using a helpline;

4) socio-pedagogical, aimed at preventing deviations in behavior and personality development of recipients of social services, developing their positive interests (including in the field of leisure), organizing their leisure time, providing assistance to families in raising children;

5) social and labor, aimed at providing assistance in finding employment and solving other problems related to labor adaptation;

6) social and legal, aimed at providing assistance in obtaining legal services, including free of charge, in protecting the rights and legitimate interests of recipients of social services;

7) services in order to increase the communicative potential of recipients of social services with disabilities, including disabled children;

8) urgent social services" 13 .

The next 21 articles define that “urgent social services include:

Providing free hot meals or food packages;

Providing clothing, shoes and other basic necessities;

Assistance in obtaining temporary housing;

Assistance in obtaining legal assistance in order to protect the rights and legitimate interests of recipients of social services;

Assistance in obtaining emergency psychological assistance with the involvement of psychologists and clergy in this work;

Other urgent social services.

The provision of urgent social services for the purpose of providing emergency assistance is carried out within the time frame determined by the need of the recipient of social services, without drawing up an individual program and without concluding an agreement on the provision of social services. The basis for the provision of urgent social services is the application of the recipient of social services, as well as the receipt from medical, educational or other organizations not included in the social service system, information about citizens in need of urgent social services. Confirmation of the provision of urgent social services is an act on the provision of urgent social services, containing information about the recipient and provider of these services, the types of urgent social services provided, the terms, date and conditions of their provision. The act of providing urgent social services is confirmed by the signature of their recipient.” 14 .

It is also worth noting that Article 31 of the Law provides for free social services for the following categories of persons:

“Social services in the form of social services at home, semi-stationary and stationary forms of social services are provided free of charge:

1) minor children;

2) persons affected by emergency situations and armed interethnic conflicts.

Social services in the form of social services at home and in the semi-stationary form of social services are provided free of charge if, on the date of application, the average per capita income of the recipient of social services, calculated in accordance with the regulatory legal acts of the Russian Federation, is below the maximum value or equal to the maximum per capita income for the provision of social services free of charge, established by the law of the subject of the Russian Federation" 15 .

If we compare the forms and types that were prescribed in the 1995 Federal Law “On the Fundamentals of Social Services for the Population in the Russian Federation” 16 with those contained in the new Law, some significant differences can be seen.

Thus, the 1995 Law included among social services (Articles 8-14):

Material assistance in the form of cash, food,

sanitation and hygiene products, child care products, clothing, shoes and other essential items, fuel, as well as special vehicles, technical means for the rehabilitation of disabled people and people in need of care;

Social services at home for single citizens and citizens who have partially lost the ability to self-care due to old age, illness, disability in the form of social, social and medical services and other assistance;

Social services in inpatient social institutions

services by providing social services to citizens who have partially or completely lost the ability to self-care and need constant outside care;

Temporary shelter for orphans, children without parental care, neglected minors, children in difficult life situations, citizens without a fixed place of residence and certain occupations, citizens affected by physical or mental violence, natural disasters, as a result of armed and interethnic conflicts, other social service clients;

Daytime stay in social service institutions for elderly and disabled citizens who have retained the ability for self-care and active movement, as well as other persons, including minors, in difficult life situations;

Advisory assistance on issues of social, social and medical support of life, psychological and pedagogical assistance, social and legal protection;

Rehabilitation services, which provide assistance in professional, social, psychological rehabilitation to people with disabilities, persons with disabilities, juvenile offenders, and other citizens who find themselves in difficult life situations 17 .

CHAPTER 2. REGULATORY AND LEGAL ACTS REGULATING SOCIAL SERVICES

The right to social security is one of the basic socio-economic human rights. It is enshrined in many international documents. This once again emphasizes the importance of this right and confirms that caring for the elderly, disabled, children and those who have lost their source of livelihood for reasons beyond their control is recognized as one of the universal values ​​in a modern civilized society.

The provisions of the 1948 UN Universal Declaration of Human Rights, which is the first general normative document in the field of human rights and freedoms, secure the right of everyone as a member of society to social security. Article 22 of the Declaration states: “Everyone, as a member of society, has the right to social security and to the enjoyment of the economic, social and cultural rights necessary for his dignity and the free development of his personality, through national efforts and international cooperation and in accordance with the structure and resources of each state 18".

And Article 25 of the Universal Declaration of Human Rights states: “Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing, medical care and necessary social services, and the right to security in case of unemployment, illness, disability, widowhood, old age or other loss of livelihood due to circumstances beyond his control 19".

The right to social security and social services is also contained in the International Covenant on Economic, Social and Cultural Rights of 1966. Article 9 of this international document states: “The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance 20".

Article 14 of the European Social Charter states the following regarding the right to social services: “In order to ensure the effective exercise of the right to social services, the Parties undertake:

1. to promote activities or the creation of services that, using social work methods, would contribute to the well-being and development of both individuals and groups in society, as well as their adaptation to the social environment;

2. encourage the participation of individuals, as well as voluntary or other organizations, in the establishment and operation of such services 21".

It should be said that the concept of human rights, the rule of law and social justice were developed in the acts of the International Labor Organization on social security.

The ILO Conventions and Recommendations establish the human right to certain types of social services (medical care, sanatorium and resort treatment, the rights of people with disabilities to professional rehabilitation and employment, prosthetic and orthopedic care, rights to medical care, keeping children in preschool institutions, etc. .).

For example, ILO Convention No. 159 deals with vocational rehabilitation and employment of persons with disabilities. It states that each State party to the Convention considers the objective of vocational rehabilitation to be to provide disabled persons with opportunities to obtain, maintain and advance in suitable employment, thereby facilitating their social integration or reintegration. 22

The International Labor Organization has also adopted the Convention on Minimum Standards of Social Security 23 . It consists of 15 sections devoted to medical care, various types of benefits, etc. Russia does not yet participate in this convention.

Thus, the right to social services, along with the right to social security and social insurance, are enshrined in the documents of such an important international organization as the ILO.

After the collapse of the USSR, in connection with the formation of the Commonwealth of Independent States, member states of the Commonwealth on May 26, 1995. adopted the CIS Convention on Human Rights and Fundamental Freedoms.

Article 16 of this Convention established the citizen’s right to social services as an independent right:

"1. Every person has the right to social security, including social insurance for old age, in case of illness, disability, loss of a breadwinner, raising children and in other cases established by national legislation.

2. In order to ensure the effective exercise of the right to social and medical assistance, the Contracting Parties undertake to ensure that any person who does not have sufficient means and who is unable to obtain such means through his own efforts or from other sources, in particular through benefits under the social system provision, received the necessary assistance, and in case of illness, the care necessary for his condition.

3. In order to ensure the effective implementation of the right of mothers and children to social and economic protection, the Contracting Parties will take all appropriate and necessary measures in this direction, including the creation and maintenance of appropriate institutions or services 24".

Thus, the most important international human rights instruments contain basic social standards, types of social assistance, and establish the human right to social security and services.

Russia must respect international law and its fundamental principles and take into account what is written about rights and freedoms in generally recognized international documents. To build a rule-of-law state, it is necessary to focus on international law.

The main and fundamental law of the Russian Federation is the Constitution. It has the highest legal force, direct effect and is applied throughout the Russian Federation.

According to Article 17 of the Constitution, the rights and freedoms of man and citizen are recognized and guaranteed in the Russian Federation in accordance with generally recognized principles and norms of international law 25 .

The Constitution of our country contains an important provision that “The generally accepted principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. If an international treaty of the Russian Federation establishes rules other than those provided for by law, then the rules of the international treaty apply 26 "(Clause 4, Article 15). This article of the Constitution defines the relationship between international and Russian law, taking into account the supremacy of international law.

The Constitution, along with other important human rights, also talks about the right to social services as an element of the social and legal status of a citizen. Therefore, it can be argued about the constitutional nature of this right.

Article 7 proclaims Russia a social state, whose policy is aimed at creating conditions that ensure a decent life and free development of people. In the Russian Federation, the labor and health of people are protected, a guaranteed minimum wage is established, state support is provided for the family, motherhood, paternity and childhood, the disabled and elderly citizens, a system of social services is developed, state pensions, benefits and other guarantees of social protection are established. 27 .

Article 39 of the Basic Law guarantees everyone social security by age, in case of illness, disability, loss of a breadwinner, for raising children and in other cases established by law. State pensions and social benefits are established by law. Voluntary social insurance, the creation of additional forms of social security and charity are encouraged 28 .

Article 41 of the Constitution stipulates that everyone has the right to health care and medical care. Medical care in state and municipal health care institutions is provided to citizens free of charge at the expense of the corresponding budget, insurance premiums, and other revenues. 29 .

However, the Constitution enshrines only general provisions that should be developed in various normative acts adopted on its basis.

The main Federal laws regulating social security in the Russian Federation are the following:

Federal Law of December 28, 2013 No. 442-FZ “On the fundamentals of social services for citizens in the Russian Federation” 30 .

This law was adopted on December 28, 2013. And the bill adopted as this Law was developed in pursuance of the list of instructions of the President of the Russian Federation dated November 27, 2010 No. Pr-3464GS following a meeting of the Presidium of the State Council of the Russian Federation on October 25, 2010 and submitted to the State Duma by the Government of the Russian Federation.

The law itself came into force on January 1, 2015 and made significant changes to the system and procedure for the provision of social services.

Such a time interval will allow, according to the legislator, social institutions and services a gradual transition to the innovations provided for in the new law.

Since the entry into force of Federal Law No. 442-FZ, the Federal Law of August 2, 1995 No. 122-FZ “On Social Services for Elderly and Disabled Citizens” and the Federal Law of December 10, 1995 No. 195-FZ “On fundamentals of social services for the population in the Russian Federation.”

Since many changes were made to the previous law of 1995, it turned out that further introducing new changes into it would simply be impractical, and it was easier to develop a new and already perfect one from the point of view of all the adjustments and changes that have occurred in the field of social protection and social services.

Thus, the new Federal Law of December 28, 2013 No. 442-FZ “On the fundamentals of social services for citizens in the Russian Federation” largely reflects modern conditions; it already takes into account past accumulated experience.

All this improves the quality of social services provided; thanks to the advent of this regulatory act, uniform standards of social services for the population are introduced throughout the Russian Federation.

a) in the Russian Federation, the number of people in need of social services increases every year: these are disabled people, old people, families with children, people in difficult life situations;

b) the provisions enshrined in the new law will help improve the quality and efficiency of the social services provided and the organization of the social service system in such a way as to help as many people as possible;

c) the bill involves the recognition of existing laws as no longer in force and the formation of a unified legislative act regulating relations in the field of social services for the population;

d) development will take place taking into account the norms of current legislation and international documents signed by the Russian Federation, taking into account the study of the current practice of implementing legal requirements and relying on the experience of foreign countries in this area.

The new law adopted establishes:

1) legal, organizational and economic foundations of social services for citizens in the Russian Federation;

2) the powers of federal government bodies and the powers of government bodies of constituent entities of the Russian Federation in the field of social services for citizens;

3) rights and obligations of recipients of social services;

4) rights and obligations of social service providers.

This Federal Law applies to citizens of the Russian Federation, foreign citizens and stateless persons permanently residing on the territory of the Russian Federation, refugees, as well as legal entities, regardless of their organizational and legal form, and individual entrepreneurs providing social services to citizens.

Article 2 of Federal Law No. 442-FZ stipulates the following: “Legal regulation of social services for citizens is carried out on the basis of 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.” 31 .

The law establishes the basic principles of social services, clarifies the basic concepts from the field of social services, determines the forms of social services, types of social services and conditions for their provision, principles of financial support for the activities of social service organizations.

The law defines a list of powers of federal government bodies and a list of powers of government bodies of constituent entities of the Russian Federation.

Now, according to this document, the provision and refusal of social services is possible only taking into account the will of the recipient. A citizen (his legal representative) can apply for the provision of social services directly himself or, at his request, other citizens, state bodies, local government bodies, public associations as an authorized government body of a constituent entity of the Russian Federation or directly to a social service provider with a written or electronic application for provision of social services.

The law introduces new concepts of “recipient of social services”, “provider of social services”, “prevention of circumstances that determine the need for social services”, the concept of “standard of social services” is set out in a new edition (basic requirements for the volume, frequency and quality of provision of social services) , while the standard of social services is an integral part of the procedure for providing social services 32 .

This Law does not contain the concept of “difficult life situation”, the concept of which was provided for in the previous law of 1995. Instead, Article 15 clearly establishes the circumstances under which citizens are recognized as in need of social services.

The normative act stipulates an individual approach to identifying recipients of social services based on the citizen’s need for social services. Taking into account the grounds on which a citizen was recognized as in need of social services, the government body authorized to perform functions in the field of social services of a constituent entity of the Russian Federation determines the individual need for social services and draws up an individual program for the provision of social services.

The law also provides for social support for citizens in the provision of social services, which involves assistance in the provision of medical, psychological, pedagogical, legal, social assistance not related to social services, based on interdepartmental interaction of organizations providing such assistance (based on regulations approved by government bodies subjects of the Russian Federation).

The law contains rules providing for control (supervision) in the field of social services, including public control. 33

Federal Law of November 24, 1995 No. 181-FZ “On social protection of disabled people in the Russian Federation” 34 .

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

The law defines the concept of “disabled person” - this is a person who has a health impairment with a persistent disorder of body functions, caused by diseases, consequences of injuries or defects, leading to limitation of life activity and necessitating his social protection 35 .

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

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

This law is one of the main legal acts that determine the level of social protection of people with disabilities.

Federal Law of December 21, 1996 No. 159-FZ “On additional guarantees for social support for orphans and children without parental care” 36 .

This law belongs to the category of normative legal acts that establish the right of certain categories to social security, including social services.

The federal law determines the general principles, content and measures of social support for orphans and children without parental care, as well as persons from among orphans and children without parental care.

Additional guarantees for social support for this category of citizens are a set of social measures that provide the opportunity to improve living conditions, receive additional education, medical care, exercise the right to work, etc.

The law regulates relations arising in connection with the provision and provision by public authorities of additional guarantees for the social protection of the rights of orphans and children without parental care, as well as persons from among orphans and children without parental care.

The federal law establishes legal guarantees for the social protection of veterans in the Russian Federation in order to create conditions that provide them with a decent life, active work, honor and respect in society.

It applies to citizens of the Russian Federation, as well as to foreign citizens permanently residing on the territory of the Russian Federation and stateless persons belonging to certain categories of veterans.

The Law “On Veterans” is the first attempt of the domestic legislator to bring together the entire array of basic provisions relating to social support for veterans. Before its adoption, a significant number of regulations were in force, varying in departmental affiliation, legal force and scope of application. With the adoption of Law No. 5-FZ, a unified legal framework was created for the implementation of the main directions of social policy in the field of supporting veterans. At the same time, the Law does not disclose in detail the mechanism for providing veterans with social support measures, but only defines the circle of persons who are subject to the Law and declares their basic rights and guarantees 38 .

Federal Law of July 24, 1998 No. 124-FZ “On the Basic Guarantees of the Rights of the Child in the Russian Federation” 39 .

The federal law establishes the basic guarantees of the rights and legitimate interests of the child, provided for by the Constitution of the Russian Federation, in order to create legal, socio-economic conditions for the realization of the rights and legitimate interests of the child.

At the very beginning of the law it is emphasized that “The State recognizes childhood as an important stage of a person’s life and proceeds from the principles of priority of preparing children for a full life in society, developing their socially significant and creative activity, instilling in them high moral qualities, patriotism and citizenship.” 40".

Along with other fundamental concepts, it contains a definition of the concept of “social services for children”. These are organizations, regardless of organizational and legal forms and forms of ownership, that carry out activities for social services for children (social support, provision of social, medical, psychological, pedagogical, legal services and material assistance, organization of recreation and health improvement, social rehabilitation of children in in difficult life situations, ensuring the employment of such children upon reaching working age), as well as citizens carrying out entrepreneurial activities without forming a legal entity to provide social services to the population, including children.

In addition to Federal laws, by-laws have been adopted and are in force regulating issues in the field of social services, for example, these include:

Decree of the Government of the Russian Federation of July 10, 1995 N 694 “On the sale of prosthetic and orthopedic products” 41 ;

Decree of the Government of the Russian Federation of July 18, 1996 N 861 “On approval of the Procedure for raising and educating disabled children at home and in non-state educational institutions” 42 ;

Decree of the Government of the Russian Federation of June 8, 1996 N 670 “On approval of the Model Regulations on the establishment of social assistance for persons without a fixed place of residence and occupation” 43 ;

Decree of the Government of the Russian Federation of November 27, 2000 N 896 “On approval of model provisions on specialized institutions for minors in need of social rehabilitation” 44 ;

Decree of the Government of the Russian Federation of September 25, 2007 N 608 “On the procedure for providing disabled people with Russian sign language translation services (sign language translation, sign language translation)” 45 ;

Order of the Government of the Russian Federation dated December 30, 2005 N 2347-r “On the federal list of rehabilitation measures, technical means of rehabilitation and services provided to disabled people” (as amended and supplemented, entered into force on January 1, 2015) 46 ;

Resolution of the Ministry of Labor of the Russian Federation of March 29, 2002 N 25 “On approval of Recommendations for organizing the activities of specialized institutions for minors in need of social rehabilitation” 47 and other acts.

According to paragraph “g” of Article 72 of the Constitution of the Russian Federation, “the coordination of health care issues is under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation; protection of family, motherhood, paternity and childhood; social protection, including social security 48".

Thus, legal regulation of relations in social services can be carried out in the regions.

The main goal of such regulation is to increase the degree of social protection of citizens. These acts provide for additional, increased measures of social support for citizens compared to federal ones.

Subjects of the Federation can adopt their own regulatory legal acts and regional social development programs that take into account the specifics of a given region and increase the social security of citizens living in it.

Together with the provisions enshrined in federal legislation, regional regulations establish additional guarantees and principles of social services for citizens of a particular subject, the number of persons entitled to social services increases, and additional types of social services are introduced.

Federal Law “On General Principles of Organization of Local Self-Government in the Russian Federation” 49 “The powers of local governments in the field of social security include providing social support and promoting employment, and this is directly related to social services.

It is worth saying that the current National Standard of the Russian Federation “Social Services for the Population” 50 . Terms and definitions" is of no small importance for the state guarantee of social services.

This standard establishes terms and definitions of concepts in the field of social services. The terms and definitions contained in it include general concepts (for example, social service, social service, difficult life situation, etc.), types of social services, social service institutions and categories of social service clients.

Along with federal and regional, there is municipal and local regulation in the field of social services.

At the present stage of state development, when a market economy is being formed, municipal and local regulations become important as sources of social security law. The purpose of municipal and local regulations is to establish a higher degree of social protection of citizens at the municipal level and at the level of an individual organization. 51

Such regulation may manifest itself in the creation of additional guarantees of social protection, for example, in a specific organization, regardless of its legal form. When creating a collective agreement, it, for example, may provide for various types of social assistance, etc.

In this case, the following methods are used to regulate relations arising regarding social services: permission, prohibition, positive obligation, recommendations.

However, norms of a recommendatory nature in the field of provision of social services apply only to bodies providing social services, and not to citizens. And the legal restoration sanction in regulating relations in social services is not typical. 52

CHAPTER 3 PROBLEMS AND PROSPECTS OF SOCIAL SERVICES IN THE RUSSIAN FEDERATION

The right to social services is an objective necessity for those citizens who need social services and who find themselves in difficult life situations.

There are quite a large number of people living in Russia who, for various reasons, cannot take care of themselves and are limited in their life activities.

Statistics show that the health of citizens is deteriorating, there are many aging and disabled people, there is unemployment and low income.

The problem of population aging is a problem not only for the Russian Federation, but also for a significant number of countries in the world. One of the trends observed in recent decades in developed countries of the world is an increase in the absolute number and relative share of older people in the population.

Therefore, the state is obliged to undertake obligations to contribute to the preservation and extension of the full life of every person, to recognize its duty to him and to support his social, labor, educational and creative activity.

To implement full-scale functions of social assistance, support and social security, the Russian Federation has a social protection system.

Unfortunately, at the moment in Russia the quality and level of social services are not in the best condition.

Issues of implementing state policy in the social sphere have now become particularly relevant. The transition to a socially oriented policy requires the creation of an effective and developed system for providing social protection to the population. Therefore, social policy places, first of all, an emphasis on the problems of social security and services for the elderly, support for the disabled and families with children 53 .

As noted, in our country there is a “trend towards an increase in the number of elderly and disabled people in the population. This is accompanied by a deterioration in their health and limitations in self-care. 80% of disabled elderly people and disabled people are in need of various types of rehabilitation services. More than 30% need constant assistance and social and medical services 54".

In the process of aging of the human body, a person has a risk of acquiring chronic diseases; at any time he may need medical, rehabilitation assistance, or the care of another person.

Older people often have problems not only medically, but also psychological disorders and social problems. Social problems are associated, as a rule, with a low and even extremely low material standard of living, the inability to buy all the necessary (often expensive) medicines and medical equipment, seek paid medical care, etc. And the benefits and benefits provided by the state cannot solve all the material problems of such old people in need.

Psychological problems mainly arise due to the fact that older people who have retired and stopped working begin to experience a lack of communication and a feeling of loneliness and uselessness.

The need for outside assistance, including medical care, among elderly people is several times higher than among people of working age. Being alone at home, older people cannot always cope with health problems on their own. Elderly patients need long-term maintenance therapy and outside care, medical and social assistance.

If we talk about medical and social assistance, then it is a set of measures of a medical, social, psychological, pedagogical, rehabilitation and legal nature, carried out at the state and regional levels and aimed at meeting the basic needs of a socially vulnerable category of citizens (elderly citizens, as well as people with disabilities - disabled people). This assistance is provided by inpatient institutions, both in the healthcare sector and in the sphere of social services for citizens. It aims to provide treatment and care to restore and maintain health and self-care abilities.

Currently, along with the concept of medical and social assistance, there is the concept of social and medical assistance. Its objectives are to maintain and improve the health of citizens in need, organize medical and health activities, provide medicines, assist in the timely receipt of qualified medical care, as well as solve other socio-medical problems. This type of assistance is provided in stationary social service institutions for elderly citizens - boarding homes for the elderly and disabled. 55

In addition to government institutions and organizations, there are also commercial, paid institutions (private boarding homes) for the accommodation of elderly people and people with disabilities who are in need of medical and social services.

In both public and private organizations that provide medical and social services to citizens in need, all services provided should be aimed at meeting a wide range of needs of their patients: comfortable accommodation, nutritious meals, professional medical care, health and rehabilitation procedures, psychological support.

But not all institutions have sufficient capabilities to meet the needs for medical and social care of all citizens who apply. After all, the continuous growth of the elderly population increases the burden on health care and social services, but the lack of financial resources leads to problems in providing medical and social assistance to the elderly and disabled.

There is an inextricable connection between the quality of medical services and the level of social services.

Both organizations providing social services and their employees must in every possible way contribute to the improvement of medical care, medical and social assistance and, for this purpose, carry out various activities aimed at the proper functioning of these social organizations.

However, the literature notes that there are negative phenomena occurring in the field of social services: a decrease in the dynamics of development of social service institutions; the low quality of the current state of this sector; unsatisfactory socio-economic situation of social service workers; insufficient financial, logistical, personnel and information support for the activities of social service institutions 56 .

As already mentioned, among the serious reasons why the goal of rehabilitation of disabled people and other people in need is not always achieved, there are problems of lack of professionalism in the work of medical staff, the lack of development of rehabilitation techniques, etc. Therefore, for successful rehabilitation it is necessary to take into account a complex of medical, socio-psychological, professional aspects, as well as the personal characteristics of patients.

Also, one of the solutions to the problems of organizing and operating inpatient social services for the rehabilitation of disabled people is to optimize the structure of institutions, reconstruct existing buildings and construct new ones. It is necessary to expand new promising types of social service institutions - low-capacity boarding houses for elderly citizens and the disabled.

Reforming the system of social services for the population should be aimed at taking measures to overcome the shortage of places in stationary social institutions by moving these institutions from environmentally unfavorable areas and creating acceptable living conditions in them 57 .

Thus, providing affordable medical care for the elderly and disabled is impossible without creating an extensive system of specialized rehabilitation institutions.

And social programs at all levels remain an effective tool for responding to the problems of the elderly population.

So, the state of the social service system is influenced by a combination of various factors. One of the most important reasons is economic. The economic factor is expressed in the lack of funding and sponsorship of the social service sector. This, in turn, affects the efficiency of providing social services to the population and leads to the inaccessibility of social services for some categories of citizens. Due to the shortage of funds allocated to this area, there is an outflow of labor, often highly professional, social workers providing relevant services. The equipment and technical equipment of many social service organizations and institutions is also in decline.

One of the important impetuses to change the current social tension and social reality will be the development and functioning of the system of non-state social services, support and strengthening of the role of trade unions, public funds, charitable organizations, etc.

The role of the subjects of the Federation in improving the social situation cannot be underestimated. They, for example, can stimulate charity and independently introduce additional new types of social services that combine elements of traditional types of social services.

If we consider this category of citizens as disabled people, then they represent an extremely vulnerable and fragile social group. There are also people with disabilities among the working population. Social services for disabled people must be greatly improved and improved because there are currently some serious problems in this area.

To protect and support people with disabilities, the following measures should be taken:

Increase the volume and quality of prosthetic orthopedic products and other means of rehabilitation for disabled people;

Open new additional institutions that produce products for people with disabilities;

Carry out special re-equipment of places of study for people with disabilities in educational institutions;

Increase the number of general education institutions teaching disabled people and persons with limited ability to live;

Carry out work to inform and highlight in various media the features of the provision of social services to this category of citizens, etc.

As judicial practice shows, legal proceedings involving disabled people and elderly people arise due to corruption in the field of social services and a lack of understanding of the viability of these people.

The relevance of disputes in this area does not decrease. Modern Russian legislation in the field of social services and the elderly is extremely mobile and needs significant changes and additions.

Another problem associated with the enforcement of legislation on social security and social services is confirmed by frequent cases of violation of the rights and legitimate interests of disabled people and elderly citizens.

Along with other legal proceedings, I studied the ruling of the Primorsky Regional Court dated December 24, 2014 in case No. 33-11264 58 . As it turns out, disputes between social institutions providing social services and citizens entering into contracts with them are not uncommon.

In the proceedings I studied, the plaintiff (a boarding home for the elderly and disabled) presented a demand for the recovery of damages and amendments to the agreement on inpatient care. Since from the moment of concluding the agreement on inpatient care, the amount of the cost of living and pensions has repeatedly changed due to rising consumer prices, which resulted in a debt that the defendant (pensioner) refused to repay voluntarily.

As a result, the court satisfied the demand, since it was established that the defendant violated the terms of the contract for inpatient services.

The court concluded that inpatient services for elderly and disabled citizens are provided for a fee, and the conclusion of agreements on inpatient services for elderly and disabled citizens is mandatory by law. The amount of the monthly fee for inpatient services is determined by the institution taking into account approved food standards, standards for the provision of soft equipment, the prevailing level of consumer prices in the region, utility tariffs and is revised no more than once a year.

All of the above problems should not be ignored by society and the state.

It is also important to note the following about the development and prospects of social services in Russia. The modern system of social services has been formed over the past decade. Social services have now become an integral part of social security, one of its rapidly developing elements.

Currently, in connection with the processes of reorganization of economic and social life in the country, the law-making of the state in the field of social services for citizens is developing continuously and dynamically.

Important priority directions of state policy in Russia should be: the desire to solve social problems and interests of all segments of the population, maintaining and strengthening the health of the working population. The socio-economic development of the Russian Federation directly depends on the successful resolution of pressing problems.

Despite the large number of regulatory legal acts regulating relations in social services, it is worth emphasizing that they do not yet fully meet the requirements set by society and do not correspond to the tasks that the state has set for itself. Therefore, it is necessary to further actively develop a system of providing assistance to citizens in need to maintain their health and material level.

Well-drafted legislation can certainly help in the further development and improvement of the social service sector. Social guarantees for all segments of the population must be enshrined in regulations. Then, ideally, after an indefinite period of time, a new model of social services for the population will have to be built, which will simultaneously meet the objective needs of Russian society and the financial and economic capabilities of the state.

Previously, social services as an independent part of the state social security system required the development and adoption of a single separate regulatory act. As legal scholars and political scientists have noted, such an act could be the Code or the Law on the Fundamentals of Social Services for Citizens of the Russian Federation.

Thanks to the adoption of Federal Law No. 442-FZ of December 28, 2013 “On the fundamentals of social services for citizens in the Russian Federation” 59 , we can say that the legislation of the Russian Federation regulating relations in social services has taken a big step towards further development.

To summarize, it can be noted that in the literature a fair idea was expressed that “legal norms regulating relations to provide citizens with certain types of social services are separate, relatively independent legal sub-institutions that have autonomy of functioning, factual and legal homogeneity of legal norms and external isolation 60".

These sub-institutions together can be combined into a general institute of social services. It would unite all independent sub-institutions that have a generic isolation, which consists in the absence of conditionality of the right to receive social services with certain socially useful activities.

The unification of sub-institutions into the general institute of social services makes it possible to predict the formation in the future of such a sub-branch in the system of social security law as social service law 61 .

I believe that the emergence of an independent social service law would mean significant progress in the entire social security law and a positive dynamic in its functioning and development. New relevant scientific papers and works on this topic would begin to appear, and interesting debates and discussions would take place in the literature.

CONCLUSION

Social services are one of the types of assistance to those people who, for reasons beyond their control, cannot acquire a source of livelihood on their own. After all, it is the duty of the state to provide comprehensive support to its citizens in difficult situations for them, from which no one is immune.

Since Russia is experiencing a difficult period in many areas of life, crisis phenomena are observed in the economy and politics, this naturally affects ordinary citizens. As a result, many people find themselves in difficult situations from which they are unable to get out on their own.

In the first chapter of the final qualifying work, the general concept of social services was given, and the principles of social services, the rights and responsibilities of recipients of social services, forms and types of social services were discussed.

Social services for citizens refers to the activities of providing social services to citizens.

Social services are carried out on the principles of equal, free access of citizens to social services; targeting of social services; proximity of social service providers to the place of residence of recipients of social services, sufficiency of the number of social service providers to meet the needs of citizens for social services, sufficiency of financial, material, technical, human and information resources of social service providers; maintaining the citizen’s stay in a familiar favorable environment; voluntariness; privacy.

It was concluded that citizens exercise their subjective right to social services in the state system of social services by entering into social service relationships.

Citizens, as subjects of legal relations for social services, also bear certain responsibilities directly provided for in regulatory legal acts. These responsibilities correspond to the rights of another subject of the legal relationship for social services.

Social services are provided to their recipients in the form of social services at home, or in a semi-stationary form, or in a stationary form.

The study of both international and Russian legislation on social services carried out in the second chapter of the work allowed us to draw the following conclusions.

The UN Universal Declaration of Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights of 1966, the European Social Charter, the Conventions and Recommendations of the International Labor Organization, the CIS Convention on Human Rights and Fundamental Freedoms and other important international documents enshrine human rights to social security . This indicates that caring for the elderly, the disabled, the disabled, children and support for everyone who has lost their source of livelihood for reasons beyond their control is recognized as one of the universal values ​​in a civilized society.

Thus, international legal acts at all levels define the basic social standards, level and types of social assistance.

The right to social services is an element of the social and legal status of citizens enshrined in the Constitution of the Russian Federation. The elements of the legal status of a citizen also include the totality of rights, freedoms, responsibilities and legitimate interests of the individual, recognized and guaranteed by the state.

Special categories of citizens (elderly people, disabled people, orphans), based on their general legal status, may have a special status that provides them with additional rights and various benefits that are enshrined in legislation.

The right to social services can be considered as a constitutional right of citizens based on the fact that it is an integral part of social security.

Social services in the Russian Federation are provided both through compulsory social insurance and through direct allocations from the state and regional budgets.

The state at the legislative level has determined social standards for the provision of social services and types of social services.

Legislation on social services operates at the federal, regional, municipal and local levels.

Considerable attention was paid to the new Federal Law No. 442-FZ “On the fundamentals of social services for citizens in the Russian Federation”: the reasons for its adoption, the innovations it introduced and changes in the field of social services for the population.

A small comparative analysis was carried out with the previously existing Federal Law of August 2, 1995 No. 122-FZ “On social services for elderly and disabled citizens.”

The last chapter of the work examined the problems of social services in Russia, their causes, as well as prospects for further development.

It was noted that in developed countries there is a growing trend in the absolute number and relative share of older people in the population.

One of the most vulnerable and unprotected categories of the population, and also quite numerous, are the elderly and disabled. Due to objective reasons, they cannot provide themselves with proper material support and cannot take care of themselves, and therefore they need help from the state.

The main task of the state in relation to this social group is their material support (pensions, benefits, etc.) and providing them with social assistance.

However, there are serious problems regarding social services. Thus, the continued growth of the elderly population increases the burden on health care and social services, and the lack of financial resources leads to problems in the provision of medical and social care.

There is a problem that is expressed in insufficiently high pay for social service workers and the lack of proper professionalism among many of them; unsatisfactory financial, logistical, personnel and information support for the activities of social service institutions.

The development and adoption of Federal Law No. 442-FZ of December 28, 2013 “On the fundamentals of social services for citizens in the Russian Federation” made it possible to make a breakthrough towards the effective and productive existence and functioning of the entire social service system.

As was said, the successful development of social services can be directly influenced by regions by adopting regulatory legal acts on issues of social services for their population, as well as by introducing additional types and guarantees of social services.

In the case of combining the legal norms regulating the provision of citizens with certain types of social services into the general institution of social services, it is even possible in the future to form such a sub-branch in the system of social security law as the law of social services.

I would like to summarize and say that in the process of writing my thesis, I examined not only general concepts in the law of social services (such as principles, types, forms of social services, the concept of rights and obligations of recipients of social services, etc.), but also touched upon relevant problems existing in the provision of social services to the population.

The most important regulations governing the provision of social services and prospects for the development of legislation in this area were described. At the same time, judicial practice on the provision of social services was studied and some problems and issues faced by both citizens - recipients of these services, and various social organizations and services that provide them - were identified.

Thus, I believe that the topic of the legal foundations of social services in the Russian Federation was covered in this final qualifying work.

BIBLIOGRAPHICAL LIST:

Regulatory documents:

1. Constitution of the Russian Federation: taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation dated December 30, 2008 N 6-FKZ, dated December 30, 2008 N 7-FKZ, dated February 5, 2014 N 2-FKZ, dated July 21, 2014 N 11-FKZ. // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

2. Universal Declaration of Human Rights (adopted by the UN General Assembly on December 10, 1948) // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

3. International Covenant of December 16, 1966 “On Economic, Social and Cultural Rights” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

4. European Social Charter (revised) (adopted in Strasbourg on 05/03/1996) // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

5. Convention No. 159 of the International Labor Organization “On Vocational Rehabilitation and Employment of Persons with Disabilities” [Russian, English] (Concluded in Geneva on June 20, 1983) // Consultant Plus: reference and legal system - VersionProf.-M., 2015 .

6. Convention of the International Labor Organization N 102 “On Minimum Standards of Social Security” (Geneva, June 28, 1952) // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

7. Convention of the Commonwealth of Independent States on Human Rights and Fundamental Freedoms (Minsk, May 26, 1995) // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

8. Federal Law of December 28, 2013 N 442-FZ (as amended on July 21, 2014) “On the fundamentals of social services for citizens in the Russian Federation.” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

9. Federal Law of October 6, 2003 N 131-FZ (as amended on March 30, 2015) “On the general principles of organizing local self-government in the Russian Federation.” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

10. Federal Law of December 21, 1996 N 159-FZ (as amended on December 31, 2014) “On additional guarantees for social support for orphans and children without parental care.” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

11. Federal Law of January 12, 1995 N 5-FZ (as amended on December 22, 2014, as amended on April 6, 2015) “On Veterans.” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

12. Federal Law of November 24, 1995 N 181-FZ (as amended on July 21, 2014, as amended on April 6, 2015) “On the social protection of disabled people in the Russian Federation.” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

13. Federal Law of December 10, 1995 N 195-FZ (as amended on July 21, 2014) “On the fundamentals of social services for the population in the Russian Federation” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

14. Decree of the Government of the Russian Federation of July 10, 1995 N 694 “On the sale of prosthetic and orthopedic products” // Garant: reference and legal system - M., 2015.

15. Decree of the Government of the Russian Federation of July 18, 1996 N 861 “On approval of the Procedure for raising and educating disabled children at home and in non-state educational institutions” // Garant: reference and legal system - M., 2015.

16. Decree of the Government of the Russian Federation of June 8, 1996 N 670 “On approval of the Model Regulations on the establishment of social assistance for persons without a fixed place of residence and occupation” // Guarantor: reference and legal system - M., 2015.

17. Decree of the Government of the Russian Federation of November 27, 2000 N 896 “On approval of approximate provisions on specialized institutions for minors in need of social rehabilitation” // Garant: reference and legal system - M., 2015.

18. Decree of the Government of the Russian Federation of September 25, 2007 N 608 “On the procedure for providing disabled people with services for translation of Russian sign language (sign language translation, sign language translation)” // Garant: reference and legal system - M., 2015.

19. Order of the Government of the Russian Federation of December 30, 2005 N 2347-r “On the federal list of rehabilitation measures, technical means of rehabilitation and services provided to disabled people” (as amended and supplemented, entered into force on 01/01/2015) // Guarantor: reference and legal system - M., 2015.

20. Resolution of the Ministry of Labor of the Russian Federation of March 29, 2002 N 25 “On approval of Recommendations for organizing the activities of specialized institutions for minors in need of social rehabilitation” // Garant: reference and legal system - M., 2015.

21. GOST R 52495-2005. “National standard of the Russian Federation. Social services for the population. Terms and definitions” // M., Standartinform, 2006.

Literature:

1. Social security law in Russia: Textbook / Ed. K.N. Gusova. - M.: Prospekt, 2010. - 635 p.

2. Social security law in Russia: Textbook / Ed. E.G. Tuchkova. - M.: Prospekt, 2014. - 526 p.

3. Social security law: Textbook for bachelors / E. E. Machulskaya. - M.: Yurayt, 2014. 587 p.

4. Blagodir A.L. Legal regulation of social services for citizens: abstract. dis. Ph.D. legal Sciences: 12.00.05 / A.L. Blagodir. M., 2002. 30 p.

5. Borisov A.N. Commentary on the Federal Law of December 28, 2013 No. 442-FZ “On the fundamentals of social services for citizens in the Russian Federation” (article-by-article) // Garant: reference and legal system - M., 2014.

6. Slobtsov I.A., Shashkova O.V., Shashmurina N.V. Commentary on the Federal Law of January 12, 1995 N 5-FZ “On Veterans” // Garant: reference and legal system, 2014.

7. Kiryanova T.P., Kozlova M.V. Social services for elderly citizens in the Russian Federation: organization and control by the state // Bulletin of Roszdravnadzor, No. 1. - 2011. - p. 12-16.

8. Kosenko O.Yu. Regional features of the functioning of the social protection system for elderly citizens: status and problems // Economic Bulletin of the Rostov State University, No. 1-2. - 2010. - p. 174-179.

9. Novokreshchenova I.G., Chunakova V.V. Organization of medical and social services for elderly citizens // “CyberLeninka” - scientific electronic library - M., 2015.

10. Chernova G.I., Svintsov A.A., Chernyakina T.S., Radkova E.A. Analysis of the socio-demographic characteristics of elderly citizens and disabled people living in inpatient social service institutions of the Russian Federation // Scientific bulletins of the Belgorod State University, No. 10-1. - 2012. - p. 181-186.

Judicial practice:

Ruling of the Primorsky Regional Court of December 24, 2014 in case No. 33-11264 // Consultant Plus: reference and legal system http://www.consultant.ru/

Internet resources:

http://www.garant.ru/ - “Garant” - information and legal system;

http://cyberleninka.ru/ - “CyberLeninka” - scientific electronic library;

http://www.consultant.ru/ “Consultant” - information and legal system.

Appendix No. 1

PRIMORSKY REGIONAL COURT

DEFINITION

Judge: Borshchenko T.A.

The Judicial Collegium for Civil Cases of the Primorsky Regional Court, consisting of:

presiding judge Kadkin A.A.,

judges Vazhenina N.S., Marchenko O.S.,

under secretary M.,

considered in open court a civil case on the claim of the Regional State Autonomous Institution of Social Services (KGAUSO) "Sedankinsky Home - Boarding School for the Elderly and Disabled" against Sh. for the recovery of damages, amendments to the contract for inpatient services, on the appeal of the defendant

on the decision of the Sovetsky District Court of the city of Vladivostok dated June 18, 2014, by which the stated requirements were satisfied.

Having heard the report of Judge A.A. Kadkin, the explanation of Sh., the objections of representatives of the Regional State Autonomous Institution of Social Services "Sedankinsky House - a boarding school for the elderly and disabled" K., B., judicial panel

installed:

KSAUSO "Sedanskinsky Home - Boarding School for the Elderly and Disabled" filed a claim against Sh., indicating that on March 12, 2008, agreement No. 24/08 "On inpatient services for elderly citizens and disabled people" was signed with Sh., which indicated the amount of the monthly fees for inpatient services - amounting to 2243.67 rubles. On the same day, the defendant was admitted to inpatient care at a boarding school for veterans. Since the conclusion of this agreement, the amount of the cost of living and pensions has repeatedly changed due to rising consumer prices, in connection with this, additional agreements were drawn up to the agreement to increase the monthly fee. During the period from April 1, 2012 to April 1, 2014, Sh. incurred a debt to pay for inpatient services at the institution in the amount of 89,270.60 rubles. The defendant refuses to voluntarily repay the debt.

KSAUSO "Sedanskinsky home - boarding school for the elderly and disabled" asked to recover from Sh. losses for inpatient care for the period from April 1, 2012 to April 1, 2014 in the amount of 89,270.60 rubles, to amend clause 2.4 of the agreement on inpatient care for citizens elderly and disabled people dated March 12, 2008 N 28/08, stating it as follows: “The specific amount of the monthly fee for inpatient services (75% of the amount of the labor pension of a pensioner or disabled person) paid by the customer is 6936.00 rubles; collect expenses incurred to pay the state fee in the amount of 2878.12 rubles.

The plaintiff's representative supported the stated demands.

Defendant Sh. did not admit the claim.

The court made a decision that amended clause 2.1 of the agreement on inpatient services for elderly citizens and disabled people dated March 12, 2008 N 28/08, setting it out as follows: “The specific amount of the monthly fee for inpatient services (75% of the amount of the pensioner’s labor pension or disabled person) contributed by the customer is 6936 rubles.

Collected from Sh. in favor of the Regional State Autonomous Institution of Social Services "Sedankinsky Home - Boarding School for the Elderly and Disabled" losses for inpatient services for the period from April 1, 2012 to April 1, 2014, in the amount of 89,270.60 rubles. and expenses incurred to pay the state fee in the amount of 2878.12 rubles.

In the appeal, Sh. asks the decision to be canceled as illegal and unfounded.

Having checked the correctness of the application of the rules of substantive and procedural law by the court of first instance, having studied the case materials and having discussed the arguments set out in the appeal, the judicial panel believes that the decision should be left unchanged.

In accordance with Article 15 of the Federal Law "On the Basics of Social Services for the Population in the Russian Federation", social services are provided by social services free of charge and for a fee.

Paid social services in the state system of social services are provided in the manner established by the state authorities of the constituent entities of the Russian Federation.

The grounds for free social services in the state system of social services are established in Article 16 of the Law.

Article 24 of the Federal Law “On Social Services for Elderly Citizens and Disabled Persons” stipulates that the procedure and conditions for the provision of free home-based, semi-stationary and stationary social services, as well as on conditions of full or partial payment, are established by the executive authorities of the constituent entities of the Russian Federation.

Thus, the Federal Law provides for the right of constituent entities of the Russian Federation to independently determine measures of social support for elderly citizens and the disabled, and provides for the possibility of establishing a procedure for providing inpatient social services on the terms of full payment.

Based on the above federal laws, the Decree of the Governor of the Primorsky Territory N 46-pg dated February 18, 2005 approved the “Procedure and conditions for the provision of free, as well as on full or partial payment, home-based, semi-stationary and stationary social services in the territory of the Primorsky Territory.”

By virtue of paragraph 3.1 of this procedure, inpatient services for elderly citizens and disabled people by state inpatient social service institutions are provided for a fee, which is paid monthly. The amount of payment for inpatient care is no more than 75 percent of the pension of a pensioner or disabled person living in an inpatient facility.

Clause 3.2 provides that fees for inpatient care and social services provided by inpatient social service institutions cannot exceed their cost.

Clause 3.3 provides that inpatient services and the provision of social services are carried out on the basis of agreements concluded between state social service institutions and citizens, in accordance with the Civil Code of the Russian Federation and legislation on social services.

From the case materials it follows that on March 12, 2008, an agreement was concluded between Sh. and the Sedankinsky boarding house for veterans on inpatient services for elderly and disabled citizens.

Clause 2.1 of the said agreement establishes the amount of the monthly fee for inpatient services, namely 75% of the amount of the labor pension and amounts to 2243.67 rubles.

The contract provides for the right of the contractor to change the payment stipulated by the contract in the event of a change in the amount of the pension received by the customer (clause 2.4).

On June 1, 2010, July 1, 2010, April 1, 2011, April 1, 2012, Sh. signed additional agreements on changing the amount of payment for social services at KGAUSO "SDIPI", Sh. refused to sign the remaining additional agreements, and the corresponding acts were drawn up.

The debt for payment of social services for the period from April 1, 2012 to April 1, 2014 is 89,270.60 rubles.

Taking into account the provisions of these rules of law, the court came to the correct conclusion that inpatient services for elderly citizens and disabled people are provided for a fee, and the conclusion of agreements on inpatient services for elderly citizens and disabled people is mandatory by law. The amount of the monthly fee for inpatient services is determined by the institution taking into account approved food standards, standards for the provision of soft equipment, the prevailing level of consumer prices in the region, utility tariffs and is revised no more than once a year.

Also, the court correctly amended clause 2.1 of the agreement on inpatient services for elderly citizens and disabled people dated March 12, 2008 N 18/08, indicating the need to set out in the following wording “The specific amount of the monthly fee for inpatient services (75% of the amount of the pensioner’s labor pension or disabled person) paid by the customer is 6936 rubles, since this amount of payment does not exceed the cost of hospital care and social services.

Lawfully recovered from Sh. in favor of the plaintiff losses for inpatient care for the period from April 1, 2012 to April 1, 2014, in the amount of 89,270.60 rubles. The calculation of the recovered damages is not disputed.

The arguments of the complaint that the defendant refused part of the social services (meals in the SDIPI canteen) cannot serve as a basis for reversing the decision, since the law provides for the provision of inpatient services for an appropriate fee.

In accordance with Article 98 of the Code of Civil Procedure of the Russian Federation, the court lawfully recovered from the defendant the plaintiff’s expenses for paying the state duty, the amount of which was documented.

There are no grounds for canceling the court decision based on the arguments of the appeal.

Guided by articles 328, 329 of the Code of Civil Procedure of the Russian Federation, the judicial panel

determined:

the decision of the Sovetsky District Court of Vladivostok dated June 18, 2014 was left unchanged and the appeal was not satisfied.

2 Constitution of the Russian Federation: taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation dated December 30, 2008 N 6-FKZ, dated December 30, 2008 N 7-FKZ, dated February 5, 2014 N 2-FKZ, dated July 21, 2014 N 11 -FKZ. // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

3 Federal Law of December 28, 2013 N 442-FZ (as amended on July 21, 2014) “On the fundamentals of social services for citizens in the Russian Federation.” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

4 Federal Law of December 21, 1996 N 159-FZ (as amended on December 31, 2014) “On additional guarantees for social support for orphans and children without parental care.” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

5 Federal Law of January 12, 1995 N 5-FZ (as amended on December 22, 2014, as amended on April 6, 2015) “On Veterans” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

6 Federal Law of November 24, 1995 N 181-FZ (as amended on July 21, 2014, as amended on April 6, 2015) “On the social protection of disabled people in the Russian Federation.” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

7 Federal Law of December 28, 2013 N 442-FZ (as amended on July 21, 2014) “On the fundamentals of social services for citizens in the Russian Federation.” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

8 Federal Law of December 28, 2013 N 442-FZ (as amended on July 21, 2014) “On the fundamentals of social services for citizens in the Russian Federation.” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

9 Social Security Law: Textbook for Bachelors / E.E. Machulskaya. - M.: Yurait, 2014. P. 449.

10 Federal Law of December 28, 2013 N 442-FZ (as amended on July 21, 2014) “On the fundamentals of social services for citizens in the Russian Federation.” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

11 Federal Law of December 28, 2013 N 442-FZ (as amended on July 21, 2014) “On the fundamentals of social services for citizens in the Russian Federation.” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

12 Federal Law of December 28, 2013 N 442-FZ (as amended on July 21, 2014) “On the fundamentals of social services for citizens in the Russian Federation.” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

13 Federal Law of December 28, 2013 N 442-FZ (as amended on July 21, 2014) “On the fundamentals of social services for citizens in the Russian Federation.” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

14 Federal Law of December 28, 2013 N 442-FZ (as amended on July 21, 2014) “On the fundamentals of social services for citizens in the Russian Federation.” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

15 Ibid.

16 Federal Law of December 10, 1995 N 195-FZ (as amended on July 21, 2014) “On the fundamentals of social services for the population in the Russian Federation” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

17 Social security law in Russia: Textbook. / Rep. ed. E.G. Tuchkova. - M.: Prospekt Publishing House, 2014. p. 489-490.

18 Universal Declaration of Human Rights (adopted by the UN General Assembly on December 10, 1948) // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

19 Universal Declaration of Human Rights (adopted by the UN General Assembly on December 10, 1948) // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

20 International Covenant of December 16, 1966 “On Economic, Social and Cultural Rights” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

21 European Social Charter (revised) (adopted in Strasbourg on 05/03/1996) // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

22 Convention No. 159 of the International Labor Organization “On Vocational Rehabilitation and Employment of Persons with Disabilities” [Russian, English] (Concluded in Geneva on June 20, 1983) // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

23 Convention of the International Labor Organization No. 102 “On Minimum Standards of Social Security” (Geneva, June 28, 1952) // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

24 Convention of the Commonwealth of Independent States on Human Rights and Fundamental Freedoms (Minsk, May 26, 1995) // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

25 Constitution of the Russian Federation: taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation dated December 30, 2008 N 6-FKZ, dated December 30, 2008 N 7-FKZ, dated February 5, 2014 N 2-FKZ, dated July 21, 2014 N 11 -FKZ. // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

26 Constitution of the Russian Federation: taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation dated December 30, 2008 N 6-FKZ, dated December 30, 2008 N 7-FKZ, dated February 5, 2014 N 2-FKZ, dated July 21, 2014 N 11 -FKZ. // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

27 Ibid.

28 Ibid.

29 Constitution of the Russian Federation: taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation dated December 30, 2008 N 6-FKZ, dated December 30, 2008 N 7-FKZ, dated February 5, 2014 N 2-FKZ, dated July 21, 2014 N 11 -FKZ. // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

30 Federal Law of December 28, 2013 N 442-FZ (as amended on July 21, 2014) “On the fundamentals of social services for citizens in the Russian Federation.” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

31 Federal Law of December 28, 2013 N 442-FZ (as amended on July 21, 2014) “On the fundamentals of social services for citizens in the Russian Federation.” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

32 Borisov A.N. Commentary on the Federal Law of December 28, 2013 N 442-FZ “On the fundamentals of social services for citizens in the Russian Federation” (article-by-article) // Garant: reference and legal system - M., 2014.

33 See: ibid.

34 Federal Law of November 24, 1995 N 181-FZ (as amended on July 21, 2014, as amended on April 6, 2015) “On the social protection of disabled people in the Russian Federation.” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

35 Federal Law of November 24, 1995 N 181-FZ (as amended on July 21, 2014, as amended on April 6, 2015) “On the social protection of disabled people in the Russian Federation.” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

36 Federal Law of December 21, 1996 N 159-FZ (as amended on December 31, 2014) “On additional guarantees for social support for orphans and children without parental care.” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

37 Federal Law of January 12, 1995 N 5-FZ (as amended on December 22, 2014, as amended on April 6, 2015) “On Veterans.” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

38 Slobtsov I.A., Shashkova O.V., Shashmurina N.V. Commentary on the Federal Law of January 12, 1995 N 5-FZ “On Veterans”. // Guarantor: reference and legal system, 2014.

39 Federal Law of December 21, 1996 N 159-FZ (as amended on December 31, 2014) “On additional guarantees for social support for orphans and children without parental care.” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

40 Ibid.

41 Decree of the Government of the Russian Federation of July 10, 1995 N 694 “On the sale of prosthetic and orthopedic products” // Garant: reference and legal system - M., 2015.

42 Decree of the Government of the Russian Federation of July 18, 1996 N 861 “On approval of the Procedure for raising and educating disabled children at home and in non-state educational institutions” // Garant: reference and legal system - M., 2015.

43 Decree of the Government of the Russian Federation of June 8, 1996 N 670 “On approval of the Model Regulations on the establishment of social assistance for persons without a fixed place of residence and occupation” // Guarantor: reference and legal system - M., 2015.

44 Decree of the Government of the Russian Federation of November 27, 2000 N 896 “On approval of model provisions on specialized institutions for minors in need of social rehabilitation” // Garant: reference and legal system - M., 2015.

45 Decree of the Government of the Russian Federation of September 25, 2007 N 608 “On the procedure for providing disabled people with services for translation of Russian sign language (sign language translation, sign language translation)” // Garant: reference and legal system - M., 2015.

46 Order of the Government of the Russian Federation of December 30, 2005 N 2347-r “On the federal list of rehabilitation measures, technical means of rehabilitation and services provided to the disabled” (as amended and supplemented, entered into force on January 1, 2015) // Guarantor: reference -legal system - M., 2015.

47 Resolution of the Ministry of Labor of the Russian Federation dated March 29, 2002 N 25 “On approval of Recommendations for organizing the activities of specialized institutions for minors in need of social rehabilitation” // Garant: reference and legal system - M., 2015.

48 Constitution of the Russian Federation: taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation dated December 30, 2008 N 6-FKZ, dated December 30, 2008 N 7-FKZ, dated February 5, 2014 N 2-FKZ, dated July 21, 2014 N 11 -FKZ. // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

49 Federal Law of October 6, 2003 N 131-FZ (as amended on March 30, 2015) “On the general principles of organizing local self-government in the Russian Federation.” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

50 GOST R 52495-2005. “National standard of the Russian Federation. Social services for the population. Terms and definitions” // M., Standartinform, 2006.

51 Social security law in Russia: Textbook / Rep. ed. E.G. Tuchkova. - M.: Prospekt, 2014. p. 109.

52 Blagodir, A.L. Legal regulation of social services for citizens: abstract. dis. Ph.D. legal Sciences: 12.00.05 / A.L. Blagodir. M., 2002. p. 21.

53 Kiryanova T.P., Kozlova M.V. Social services for elderly citizens in the Russian Federation: organization and control by the state // Bulletin of Roszdravnadzor, No. 1. - 2011. p. 13.

54 Chernova G.I., Svintsov A.A., Chernyakina T.S., Radkova E.A. Analysis of the socio-demographic characteristics of elderly citizens and disabled people living in inpatient social service institutions of the Russian Federation // Scientific bulletins of the Belgorod State University, No. 10-1. - 2012. p. 181.

55 Novokreshchenova I.G., Chunakova V.V. Organization of medical and social services for elderly citizens // “CyberLeninka” - scientific electronic library - M., 2015.

56 Kosenko O.Yu. Regional features of the functioning of the social protection system for elderly citizens: status and problems // Economic Bulletin of the Rostov State University, No. 1-2. - 2010. p. 179.

57 Social security law in Russia: Textbook / Ed. K.N. Gusova. - M.: Prospekt, 2010. - P. 454.

58 Determination of the Primorsky Regional Court dated December 24, 2014 in case No. 33-11264 // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

59 Federal Law of December 28, 2013 N 442-FZ (as amended on July 21, 2014) “On the fundamentals of social services for citizens in the Russian Federation.” // Consultant Plus: reference and legal system - VersionProf.-M., 2015.

60 Blagodir, A.L. Legal regulation of social services for citizens: abstract. dis. Ph.D. legal Sciences: 12.00.05 / A.L. Blagodir. M., 2002. p. 21-22.

61 Ibid.: p. 8.

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	Venous return of blood to the heart. Circulating blood volume. According to the laws of hemodynamics, the amount of fluid Q flowing through the tube is directly proportional to the pressure difference at the beginning P1 and at the end P2 of the tube and inversely proportional to the resistance R to the fluid flow: Considering that the pressure at the end of the P2 system at the mouths of the vena cava in the right atrium, the central venous pressure is close to zero then we can write: where Q is the amount of blood expelled by the heart in 1 minute; Ρ value of average pressure in the aorta; R value of total...
30890.		Methods for assessing basic hemodynamic parameters	24 KB
	Methods for assessing the main indicators of hemodynamics Blood pressure. The lateral is measured by a non-bloody indirect method: a by the RivaRocci palpation method; b auscultatory Korotkoff method; The oscillographic method quantifies the average pressure as well as systolic and diastolic pressure. The method allows you to assess the risk of developing hypertension and its severity to give a more accurate prognosis of the development of the disease. Dye dilution method.
30891.		Regulation of systemic hemodynamics	51 KB
	Regulation of systemic hemodynamics System for monitoring blood pressure and blood volume The body has a tracking system for monitoring blood pressure and circulating blood volume. Monitoring is carried out by afferent systems, the nerve endings of which are capable of perceiving changes in pressure and some of them, changes in the volume of circulating blood. They provide information about changes in blood volume. The third group of vibration receptors perceive pressure changes associated with the vortex movement of the blood and the turbulence of the flow.
30892.		Microcirculation	49.5 KB
	Depending on the ultrastructure of the wall, three types of capillaries are distinguished: somatic visceral and sinusoidal. The wall of somatic type capillaries is formed by a continuous layer of endothelial cells in the membrane of which there is a huge number of tiny pores with a diameter of 45 nm; this type of capillaries is characteristic of the skin of skeletal and smooth muscles of the myocardium of the lungs. The walls of such capillaries are highly permeable to water and crystalloids dissolved in it, but are poorly permeable to proteins. This type of capillaries in the kidneys, intestines, endocrine glands, etc.
30893.		Features of hemodynamics in various vascular regions. Pulmonary circulation	39.5 KB
	Very low tone of the pulmonary vessels. The muscles of the pulmonary vessels contract with a decrease in pO2 and an increase in pCO2 in the alveolar air. In response to the action of histamine bradykinin, the distant influence of the smooth muscles of the pulmonary vessels also reduces the vasoconstrictor effect of paragraph 2. High distensibility of the bloodstream. High basal tone of the coronary vessels.
30894.		Features of hemodynamics in various vascular regions. Renal blood flow	42.5 KB
	Regulation Myogenic regulation autoregulation Even a small increase in the volumetric velocity of the portal blood flow leads to an increase in the tone of the portal vein and associated constriction of the hepatic artery. Both of these mechanisms are aimed at ensuring constant blood flow and pressure in the sinusoids Humoral regulation Distant regulation Adrenaline causes contraction of the portal vein in it alpha-adrenergic receptors and dilatation of the hepatic artery in it beta-adrenergic receptors and increases hepatic blood flow. Norepinephrine causes constriction of the portal vein and...
30895.		Lymphatic system	42 KB
	Unlike blood vessels through which there is both an influx of blood to the tissues of the body and its outflow from them, lymphatic vessels serve only for the outflow of lymph. Composition and properties of lymph Lymph collected from the lymphatic ducts during fasting or after eating low-fat food is almost colorless a transparent liquid that differs from blood plasma by 3-4 times less protein content. Due to the low protein content, the viscosity of lymph is less and the relative density is lower than that of blood plasma. The lymph reaction is alkaline.

3.1 Problems of social services and ways to solve them

Social services are an objective need of citizens who find themselves in difficult life situations. However, at present the level of efficiency of social services is not high enough. This is due to various factors, including, first of all, economic. It is expressed in the lack of funding for the social service sector, which leads to the low quality of social services, their inaccessibility, staffing shortages of social workers, and poor material and technical equipment of social service institutions.

The next factor hindering the successful development of the institution of social services is the imperfection of legislation, its inconsistency and fragmentation, duplication of some acts by others. Often, there are no clearly formulated concepts of one or another type of social service. This creates difficulties in study and law enforcement practice.

In Russian society there are a large number of people with signs of disability. It is no secret that recently the country has been experiencing a deterioration in the health of the nation, an aging society, low income levels, and unemployment.

It is obvious that in the area under consideration, solutions require problems in two main areas: in the field of socio-economic development and legislative regulation. Problems of social services in Russia and ways to solve them, Information portal, New fact // URL: http: //www.new-fact.ru/? p=1383 (date of access: 08.12.14)

To resolve many issues, measures to reform social services are needed. In particular, it is necessary to transition to a funded system in the field of social services - social insurance, when citizens, through personal contributions to the formed fund, will be able to receive social services if they find themselves in a difficult life situation.

A measure that can change the financial situation is the creation of a state extra-budgetary fund for social services, which will allow to concentrate existing revenues (tax and other) and subsequently spend them exclusively in the field of social services.

The next step could be the development of a non-state social service system, in particular strengthening the role of public organizations (trade unions, religious organizations, public foundations, charitable organizations, etc.).

When reforming the sphere of social services, it is also necessary to pursue a policy of regional equalization in order to create an equal level of social services throughout the country. However, it is important here not to allow a leveling approach and to apply individual measures to different regions. Problems of social services in Russia and ways to solve them, Information portal, New fact // URL: http: //www.new-fact.ru/? p=1383 (date of access: 08.12.14)

One of the measures to improve the situation in the field of social services is to provide regions with the opportunity to find additional non-standard solutions, for example, stimulating charitable activities, developing non-traditional types of social services, such as a sanatorium at home or a social service institution on wheels.

In the field of protecting people with disabilities - one of the most vulnerable categories, it is necessary: ​​to increase the volume and quality of prosthetic and orthopedic products produced, rehabilitation means; increasing the number of institutions specializing in such production; equipping places for training people with disabilities in general education institutions, expanding the network of specialized educational institutions.

As part of improving legislation, it is necessary to adopt a codified act at the legal level regulating the main issues in the field of social services. This will streamline and systematize existing legislation on social services.

In further work with the legislative framework, it is important to expand the subject composition of those in need, moving away from the concept of social services as an institution that regulates the relations of a narrow circle of subjects, only the elderly, disabled and low-income people.

Social services for the population is a mechanism that allows one to practically solve complex issues of the life of society, family and individual. Therefore, it is important that social priorities and guarantees are firmly established in legislation. Gradually, a new model of the social service system must be built that meets the current needs of society and the economic capabilities of the state. Problems of social services in Russia and ways to solve them, Information portal, New fact // URL: http: //www.new-fact.ru/? p=1383 (date of access: 08.12.14)

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From the above analysis, we can identify a number of problems that exist today in the procedure for conducting land sales (auctions...

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The formation of civil society is a historical process. Its intensity depends both on the state of public consciousness and on the state’s understanding of the role and essence of this process: these are the realities of the post-totalitarian transition period...

The first problem in the study of services is rather of a civilistic, scientific nature. The study of services as an object of civil rights can proceed in two directions. In one case, it is possible to identify common...

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