Chapter 1 reflects general provisions (the concept of a disabled person, the basis for determining the disability group, the concept of social protection of disabled people, contains information about the legislation of the Russian Federation on social protection of disabled people, the competence of the Federal State Institution in the field of social protection of disabled people, responsibility for causing harm to the health of citizens leading to disability is also defined ).
Chapter 2 of the law is devoted to the conduct of medical and social examination and the medical institutions where it is carried out. Chapter 3 reflects provisions related to the rehabilitation and habilitation of disabled people, a list of necessary activities, individual programs, and the procedure for providing disabled people with the technical means they need to maintain normal life activities.
Chapter 4 presents the main points of ensuring the life of disabled people: medical care, ensuring unhindered access to information, to social, engineering and transport infrastructure, as well as responsibility for evading the requirements for creating conditions for such access. Also, this chapter covers the procedure for providing disabled people with housing, education for disabled people, ensuring their employment (social guarantees), the law establishes quotas for hiring disabled people and special jobs. Working conditions, rights, responsibilities, and responsibilities of employers in ensuring the employment of people with disabilities are also indicated. Material support is reflected (monthly cash payments are determined, from 1236 rubles to 2162 rubles depending on the group, indexation once a year) and social services for disabled people.
Chapter 5 of the Federal Law deals with public associations of disabled people, Chapter 6 contains final provisions.
The main provisions of the Federal Law are the inadmissibility of discrimination against people with disabilities, the equality of their rights with all other citizens of our country (also in accordance with the Constitution of the Russian Federation).
23. General characteristics of the Federal Law “On compulsory social insurance (OSI) against industrial accidents and occupational diseases”
The Federal Law establishes in the Russian Federation the legal, economic and organizational basis for compulsory social insurance against industrial accidents and occupational diseases and determines the procedure for compensation for harm caused to the life and health of an employee during the performance of his duties under an employment contract and in other cases.
Chapter 1 “General Provisions” reflects the objectives of OSS, as one of the types of social insurance, the basic concepts used in the Federal Law, the basic principles of OSS (the guaranteed right of the insured to insurance coverage, the economic interest of insurance entities in improving occupational safety, reducing occupational injuries and morbidity ). A list of persons subject to compulsory social insurance is provided (- under an employment contract, - convicted persons). The procedure for registering policyholders has been determined. Article 7 talks about the right to insurance security (arises from the date of the insured event).
Chapter 2 is devoted to insurance coverage: types (benefits, insurance payments, in the form of payment of additional expenses); the amount of temporary disability benefits due to an accident or occupational disease (maximum - for 1 month cannot exceed 4 times the maximum amount of monthly insurance payment established by the Federal Law); one-time and monthly insurance payments and their amounts; the procedure for examination, taking into account the guilt of the insured when determining the amount of payments (if guilt is established, the amount of payment is reduced by no more than 25 percent).
Chapter 3 describes the rights and obligations of insurance subjects (the insured and the policyholder, the insurer, the bodies that register civil society acts).
- Legislative support for the protection of the rights of disabled people, veterans, and pensioners.
- Benefits, payments, benefits, social services.
- State benefits for citizens with children.
- Maternal (family) capital.
Russian legislation
Constitution of the Russian Federation
On additional measures of state support for families with children
Federal Law No. 256-FZ of December 29, 2006 “On additional measures of state support for families with children” establishes additional measures of state support for families with children in order to create conditions that provide these families with a decent life. For the purposes of this Federal Law, concepts such as additional measures of state support for families with children are used, maternal (family) capital and a state certificate for maternity (family) capital. The website presents the Federal Law in its latest edition dated November 16, 2011 with comments from Consultant Plus specialists
On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant
Law of the Russian Federation of May 15, 1991 No. 1244-1 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant” regulates the protection of the rights and interests of “Chernobyl victims” - persons who were directly involved in the liquidation of the consequences of this disaster or persons who found themselves in the zone of influence of unfavorable factors that arose as a result of the disaster at the Chernobyl nuclear power plant. On the site p the current law is presented in with amendments and additions coming into force from 02/01/2012. The document contains explanations from specialists of the legal information resource of the Consultant Plus company. Indexation of benefits and other payments provided for by the Law of the Russian Federation of May 15, 1991 N 1244-1 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant.” This material provides information on the indexation of benefits and other payments from January 1, 2005 to 2012. These benefits and payments are established by the Law of the Russian Federation of May 15, 1991 N 1244-1 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant.”
About labor pensions in the Russian Federation
Based on the Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation” in accordance with the Constitution of the Russian Federation and the Federal Law “On Compulsory Pension Insurance in the Russian Federation”, the grounds for the emergence and procedure for exercising the right of citizens of the Russian Federation to labor pensions are established. The website presents the current law as amended on December 3, 2011, with amendments and additions that come into force on July 1, 2012. The document contains explanations from specialists of the legal information resource of the Consultant Plus company.
On state pension provision in the Russian Federation
Federal Law of the Russian Federation of December 15, 2001 No. 166-FZ “On state pension provision in the Russian Federation” establishes, in accordance with the Constitution of the Russian Federation, the grounds for the emergence of the right to a pension under state pension provision and the procedure for its appointment. The document posted on the website contains explanations from specialists of the legal information resource of the Consultant Plus company.
On the procedure for providing disabled people with technical means of rehabilitation and certain categories of citizens from among veterans with prosthetics (except dentures), prosthetic and orthopedic products
Decree of the Government of the Russian Federation of April 7, 2008 No. 240 “On the procedure for providing disabled people with technical means of rehabilitation and certain categories of citizens from among veterans with prosthetics (except dentures), prosthetic and orthopedic products” regulates the issues of providing persons recognized as disabled (with the exception of persons recognized as disabled due to industrial accidents and occupational diseases), and persons under the age of 18 who are classified as “disabled children” by technical means of rehabilitation provided for by the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person. The website presents the document in its edition Decrees of the Government of the Russian Federation dated 04/08/2011 N 264, dated 04/16/2012 N 318, as well as approved by Decree of the Government of the Russian Federation dated April 7, 2008 N 240 “Rules for providing disabled people with technical means of rehabilitation and certain categories of citizens from among veterans with dentures (except for dental prostheses), prosthetic and orthopedic products "in the latest edition of Resolutions of the Government of the Russian Federation dated April 16, 2012 N 318.
On the procedure and conditions for recognizing a person as disabled
Decree of the Government of the Russian Federation of February 20, 2006 No. 95 “On the procedure and conditions for recognizing a person as disabled” approves the attached Rules for recognizing a person as disabled. The website contains the latest version of the document dated April 16, 2012 N 318. The rules for recognizing a person as disabled determine in accordance with the Federal Law "" the procedure and conditions for recognizing a person as disabled. Recognition of a person as disabled is carried out by federal state institutions of medical and social examination: the Federal Bureau of Medical and Social Examination, the main bureaus of medical and social examination, as well as the bureaus of medical and social examination in cities and regions that are branches of the main bureaus. The website presents the document in the latest edition of Decrees of the Government of the Russian Federation dated April 16, 2012 N 318.
Appendix to the Rules for recognizing a person as disabled (as amended by Decree of the Government of the Russian Federation dated April 7, 2008 N 247 “List of diseases, defects, irreversible morphological changes, dysfunctions of organs and systems of the body, in which the disability group without specifying the period for re-examination (category “child- "disabled" until a citizen reaches the age of 18) is established for citizens no later than 2 years after the initial recognition of a disabled person (establishment of the category "disabled child")."
On the federal list of state-guaranteed social services provided to elderly citizens and disabled people by state and municipal social service institutions
Decree of the Government of the Russian Federation of November 25, 1995 No. 1151 “On the federal list of state-guaranteed social services provided to elderly citizens and disabled people by state and municipal social service institutions.”
In the appendix of this Decree of the Government of the Russian Federation it is indicated Federal list state-guaranteed social services includes four types of services: 1) services provided to disabled people living in inpatient social service institutions; 2) services provided at home to disabled people who need outside help due to partial loss of the ability to self-care; 3) services provided by emergency social assistance departments; 4) services provided in semi-stationary conditions, including for persons without a fixed place of residence. D This document “has actually lost force due to the adoption of Federal Law No. 122-FZ of August 22, 2004, which, in particular, transferred the functions of determining the List of state-guaranteed social services to the executive authorities of the constituent entities of the Russian Federation, taking into account the needs of the population living in the territories of the respective subjects of the Russian Federation".
On approval of the list of sanatorium and resort institutions to which vouchers for sanatorium and resort treatment are provided to citizens entitled to receive state social assistance
Order of the Ministry of Health and Social Development of the Russian Federation dated October 11, 2010 No. 873n “On approval of the list of sanatorium and resort institutions to which vouchers for sanatorium and resort treatment are provided to citizens entitled to receive state social assistance.” Sanatorium-resort treatment of disabled people is carried out by providing sanatorium-resort vouchers to sanatorium-resort organizations located on the territory of the Russian Federation and included in the corresponding list approved by the Ministry of Health and Social Development of the Russian Federation.
About the Procedure for medical selection and referral of patients for sanatorium treatment
Order of the Ministry of Health and Social Development of the Russian Federation dated November 22, 2004 N 256 (as amended on July 23, 2010) “On the Procedure for medical selection and referral of patients for sanatorium-resort treatment” states: 1. The procedure for medical selection and referral of patients for sanatorium-resort treatment (Appendix No. 1 ). 2. Form N 070/у-04 “Certificate for obtaining a voucher” (Appendix No. 2). 3. Form N 072/у-04 “Sanatorium and Resort Card” (Appendix No. 3). 4. Form N 076/у-04 “Sanatorium-resort card for children” (Appendix No. 4). 5. Instructions for filling out form N 070/у-04 “Certificate for obtaining a voucher” (Appendix No. 5). 6. Instructions for filling out form N 072/у-04 “Sanatorium-Resort Card” (Appendix No. 6). 7. Instructions for filling out form N 076/u-04 “Sanatorium-resort card for children” (Appendix No. 7).
On approval of the Rules for the extraordinary provision of medical care to certain categories of citizens under the program of state guarantees for the provision of free medical care to citizens of the Russian Federation in federal healthcare institutions
Decree of the Government of the Russian Federation of November 17, 2004 N 646 "" - a document establishing the procedure for exercising the right to provide emergency medical care.
On the list of diseases for which children need individual lessons at home and are exempt from attending public school
Letter of the Ministry of Education of the RSFSR dated 07/08/1980 N 281-M, Ministry of Health of the RSFSR dated 07/28/1980 N 17-13-186 “On the list of diseases for which children need individual lessons at home and are exempt from attending public school.” This document contains a list of diseases, the presence of which gives the right to educate a disabled child at home.
About education
Law of the Russian Federation of July 10, 1992 N 3266-1 (as amended on July 10, 2012) “On Education.” The right to education is one of the fundamental and inalienable constitutional rights of citizens of the Russian Federation. Disabled people, according to paragraph 7 of Art. 50, also have the right to repeated free vocational education.
On approval of the Procedure for admitting citizens to educational institutions of higher professional education
Order of the Ministry of Education and Science of the Russian Federation dated December 28, 2011 N 2895 “On approval of the Procedure for the admission of citizens to educational institutions of higher professional education” regulates the admission of citizens to universities, and also determines the features of conducting entrance tests for citizens with disabilities.
About federal head and district educational and methodological centers for training people with disabilities
Order of the Ministry of Education of the Russian Federation dated May 24, 2004 N 2356 “On federal head and district educational and methodological centers for training people with disabilities” determined: 1) federal head centers for training people with disabilities who have hearing, vision, musculoskeletal disorders, as well as various developmental disorders etiology; 2) district educational and methodological centers for training people with disabilities: educational institutions of primary, secondary and higher vocational education.
On approval of the Procedure for making monthly cash payments to certain categories of citizens in the Russian Federation
Order of the Ministry of Health and Social Development of the Russian Federation dated November 30, 2004 N 294 “On approval of the Procedure for making monthly cash payments to certain categories of citizens in the Russian Federation” in the latest edition dated December 17, 2009 (Registered with the Ministry of Justice of the Russian Federation on December 21, 2004 N 6216). Disabled people and disabled children have the right to a monthly cash payment, which is established by Article 28.1 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation”.
On approval of the procedure for carrying out and the form of conclusion of a medical and technical examination to establish the need for repair or early replacement of technical means of rehabilitation, prostheses, prosthetic and orthopedic products
Order of the Ministry of Health and Social Development of the Russian Federation dated August 21, 2008 N 438n “On approval of the procedure and form for the conclusion of a medical-technical examination to establish the need for repair or early replacement of technical means of rehabilitation, prostheses, prosthetic and orthopedic products” approved the procedure and form for the conclusion of a medical-technical examination for establishing the need for repair or early replacement of technical means of rehabilitation, prostheses, prosthetic and orthopedic products.
On approval of the terms of use of technical means of rehabilitation, prostheses and prosthetic and orthopedic products before their replacement
Order of the Ministry of Health and Social Development of the Russian Federation dated December 27, 2011 N 1666n “On approval of the terms of use of technical means of rehabilitation, prostheses and prosthetic and orthopedic products before their replacement” (Registered with the Ministry of Justice of the Russian Federation on 02.03.2012 N 23401) approves the terms of use of technical means of rehabilitation, prostheses and prosthetic devices orthopedic products before their replacement.
Disabled people in Russia belong to one of the socially unprotected categories of citizens who need government support. Depending on the severity of the health condition, 3 groups of disability are distinguished. The category of the disabled person group affects the various government support measures provided. These measures are regulated by the Federal Law “On Social Protection of Disabled Persons in the Russian Federation”.
Definition of the Federal Law “On Social Protection and Support of Disabled Persons in the Russian Federation”
This law guarantees all citizens with disabilities equal rights with other citizens, as well as social support from the state. All government bodies are required to act on the basis of this law and respect the legal rights of people with disabilities.
The Law on Social Protection implies providing disabled people with the necessary conditions for their life activities, as well as the exercise of their right to rehabilitation.
General provisions of the law of the Russian Federation
This law applies to people recognized as disabled. Disabled people in Russia, according to Article 1 of the Federal Law “On Social Protection of Disabled Persons,” are considered to be those people who have been recognized by a special social medical examination.
The main parameters for determining disability are a person’s ability to independently perform the necessary actions to ensure life.
Depending on the degree of independence of a person, expert doctors establish.
Groups and types of disabilities
For children under the age of 18, the general category of disabled child is established. The disability group is determined only after reaching 18 years of age. This is due to the fact that in the process of child development it is quite difficult to determine the degree of independence based on the child’s developmental age.
The state undertakes obligations to protect the rights of each group of disabled people. These obligations are prescribed in Article 2 of this law, which are binding on all government bodies.
Legislative acts establish that in Russia every citizen has the right to be provided with equal living conditions, as well as to create additional auxiliary conditions if he needs them.
These rights are enshrined in the basic law of the Russian Federation Constitution, as well as in the Federal Law “On Social Protection of Persons with Disabilities”. Also, on the basis of Article 3.1 of this law, no one has the right to discriminate against people based on disability and infringe on their rights granted to them by law.
The competencies of federal bodies and local self-government bodies are distributed in Articles 4 and 5 of the Federal Law “On Social Protection of Persons with Disabilities”. All federal and local authorities are required to act on the basis of this distribution.
All disabled people are listed in the Pension Fund in a certain register, where basic data about each of them is entered. This register takes into account personal data, as well as information about a person’s work activity and the benefits he receives. The procedure for maintaining this register is regulated by Article 5.1 of this law.
Article 6 of the Federal Law “On Social Protection of Disabled Persons” defines liability for harm to the health of any person that leads to disability. Guilty people bear criminal, material, administrative and civil liability for causing harm to health.
You can find out what benefits disabled children are entitled to.
Medical and social examination
Chapter 2 of this law establishes a specific procedure for determining disability. This conclusion is issued by a social medical examination. It includes doctors who must determine the severity of the disease and its consequences, which lead to impaired functioning of the person. The definition and activities of this expert group are defined in Article 7 of the Federal Law “On Social Protection of Disabled Persons”.
Based on the determination of the person’s condition, this commission must also analyze and provide the following data:
- rehabilitation course for human recovery;
- analysis of the causes of disability and its nature in general among the Russian population;
- development of general comprehensive measures for disabled people of each group;
- causes of death of disabled people in situations where the family of the deceased has the right to receive government support;
- degree of disability of the disabled person;
- conclusion about the disability group.
These responsibilities are specified in Article 8 of this law. The decision of this commission is not subject to challenge by other authorities and is binding.
Rehabilitation and habilitation of disabled people
Habilitation is understood as the process of restoring a person’s missing abilities for everyday and professional activities. This definition is specified in Article 8 of this law.
Article 33 of the Federal Law “On Social Protection of Disabled Persons” – public associations
In Russia, public associations created for the purpose of providing assistance to people with disabilities are permitted by Article 33 of this legislative act.
The state is obliged to assist them in providing assistance to people with disabilities. This assistance is paid from the local budget of each subject.
In addition, disabled people themselves can create such associations. Their representatives must participate in government decisions concerning people with disabilities. These associations may have real estate, cars and other property on their balance sheet.
Organizations whose authorized capital consists of more than half percent of contributions from disabled people, as well as a quarter of the wage fund provided to them, may be allocated buildings and non-residential premises for free use. In addition, such organizations participate in the small business support program.
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Conclusions
Russian legislation provides for a wide range of state support for people with disabilities. According to this law, they should not need paid medical care or paid auxiliary aids. In addition, they receive support in the field of education and obtaining a profession, as well as assistance in further employment. Along with this, they receive financial support from the state. But read about which disability group is entitled to what benefits.
The entry into force of this law is regulated by its article 35, and its effect by article 36. Based on them, other laws cannot contradict this legislative act. And it comes into force from the moment of its publication.
In reality, this law does not work in full force, because local government bodies do not fully control the implementation of this law by all citizens and legal entities of Russia.
Federal Law on Social Protection of Disabled Persons in the Russian Federation
Date of signing: 11/24/1995
Publication date: 11/24/1995 00:00
(as amended on December 29, 2015)
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 measures of social protection of disabled people provided for by this Federal Law are expenditure obligations of the Russian Federation, with the exception of measures of social support and social services related to the powers of the state authorities of the constituent entities of the Russian Federation in accordance with the legislation of the Russian Federation (paragraph additionally included as of January 1, 2005).
Chapter I. General provisions (Articles 1 - 6)
Article 1. The concept of “disabled person”, grounds for determining the disability group
A disabled person 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.
Limitation of life activity - complete or partial loss of a person’s ability or ability to provide self-care, move independently, navigate, communicate, control one’s behavior, learn and engage in work.
Depending on the degree of impairment of body functions, persons recognized as disabled are assigned a disability group, and persons under the age of 18 are assigned the category “disabled child.”
(Part as amended, entered into force on January 1, 2000.
Recognition of a person as disabled is carried out by the federal institution of medical and social examination. The procedure and conditions for recognizing a person as disabled are established by the Government of the Russian Federation Federal Law of August 22, 2004 N 122-FZ.
Article 2. The concept of social protection of disabled people
Social protection of disabled people is a system of state-guaranteed economic, legal and social support measures that provide disabled people with conditions for overcoming, replacing (compensating) limitations in life and aimed at creating equal opportunities for them to participate in the life of society with other citizens. Federal Law of August 22, 2004 N 122-FZ.
Social support for people with disabilities is a system of measures providing social guarantees for people with disabilities, established by laws and other regulations, with the exception of pensions. (part additionally included from January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ).
Article 3. Legislation of the Russian Federation on social protection of disabled people
The legislation of the Russian Federation on social protection of disabled people consists of the relevant provisions of the Constitution of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.
If an international treaty (agreement) of the Russian Federation establishes rules other than those provided for by this Federal Law, then the rules of the international treaty (agreement) apply.
Article 3_1. Non-discrimination on the basis of disability
Discrimination on the basis of disability is not allowed in the Russian Federation. For the purposes of this Federal Law, discrimination on the basis of disability means any difference, exclusion or restriction due to disability, the purpose or result of which is to diminish or deny the recognition, implementation or exercise on an equal basis with others of all rights and freedoms of man and citizen guaranteed in the Russian Federation in the political sphere. , economic, social, cultural, civil or any other area.
(The article was additionally included from January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ)
Article 4. Competence of federal government bodies in the field of social protection of disabled people
The jurisdiction of federal government bodies in the field of social protection of disabled people includes:
1) determination of state policy regarding persons with disabilities;
2) adoption of federal laws and other regulatory legal acts of the Russian Federation on social protection of disabled people (including those regulating the procedure and conditions for providing disabled people with a single federal minimum of social protection measures); control over the implementation of the legislation of the Russian Federation on social protection of disabled people;
3) conclusion of international treaties (agreements) of the Russian Federation on issues of social protection of disabled people;
4) establishment of general principles for the organization and implementation of medical and social examination and rehabilitation, habilitation of people with disabilities;
Federal Law of December 1, 2014 N 419-FZ.
5) defining criteria, establishing conditions for recognizing a person as disabled;
6) establishment, in accordance with the legislation of the Russian Federation on technical regulation, of mandatory requirements for technical means of rehabilitation, means of communication and computer science, ensuring accessibility of the living environment for disabled people (clause as amended, put into effect on October 21, 2011 by Federal Law of July 19, 2011 N 248-FZ;
7) establishing a procedure for accreditation of organizations, regardless of organizational and legal forms and forms of ownership, carrying out activities in the field of rehabilitation and habilitation of disabled people;
; as amended, put into effect on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
8) implementation of accreditation of enterprises, institutions and organizations that are federally owned and carry out activities in the field of rehabilitation and habilitation of disabled people;
(Clause as amended, entered into force on January 15, 2003 by Federal Law of January 10, 2003 N 15-FZ; as amended by Federal Law of December 1, 2014 N 419-FZ.
9) development and implementation of federal target programs in the field of social protection of disabled people, monitoring their implementation;
10) approval and financing of the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person Federal Law of August 22, 2004 N 122-FZ;
11) creation of federal institutions of medical and social expertise, monitoring their activities (clause as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ;
12) clause became invalid on January 1, 2005 -;
13) coordination of scientific research, financing of research and development work on the problems of disability and people with disabilities;
14) development of methodological documents on issues of social protection of disabled people;
15) the paragraph became invalid on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ;
16) assistance in the work of all-Russian public associations of disabled people and providing them with assistance;
(Clause as amended, entered into force on July 23, 2012.
17) the paragraph became invalid on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ;
18) the paragraph became invalid on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ;
19) formation of federal budget indicators for expenditures on social protection of disabled people;
20) establishment of a unified system for registering disabled people in the Russian Federation, including disabled children, and organizing, on the basis of this system, statistical monitoring of the socio-economic situation of disabled people and their demographic composition (the clause was additionally included on January 1, 2000 by Federal Law of July 17, 1999 N 172-FZ);
21) determination of the basic requirements for the equipment (equipment) of special workplaces for the employment of disabled people, taking into account the impaired functions and limitations of their life activities;
(Item additionally included as of July 14, 2013)
22) preparation of reports on measures taken to fulfill the obligations of the Russian Federation under the Convention on the Rights of Persons with Disabilities, in the manner established by the Government of the Russian Federation;
Federal Law of December 1, 2014 N 419-FZ)
23) other powers established in accordance with this Federal Law.
(The clause was additionally included from January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ)
Article 5. Participation of state authorities of the constituent entities of the Russian Federation in ensuring social protection and social support for people with disabilities
State authorities of the constituent entities of the Russian Federation in the field of social protection and social support for disabled people have the right:
1) participation in the implementation of state policy regarding people with disabilities in the territories of the constituent entities of the Russian Federation;
2) adoption, in accordance with federal laws, of laws and other regulatory legal acts of the constituent entities of the Russian Federation;
3) participation in determining priorities in the implementation of social policy regarding people with disabilities in the territories of the constituent entities of the Russian Federation, taking into account the level of socio-economic development of these territories;
4) development, approval and implementation of regional programs in the field of social protection of disabled people in order to provide them with equal opportunities and social integration into society, as well as the right to monitor their implementation;
5) exchange information with authorized federal executive bodies on the social protection of disabled people and on the provision of social support to them;
6) providing additional measures of social support to people with disabilities from the budgets of the constituent entities of the Russian Federation;
7) promoting the employment of disabled people, including stimulating the creation of special jobs for their employment, as well as determining the procedure for carrying out special events to provide disabled people with guarantees of employment;
(Clause as amended, put into effect on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
8) carrying out activities for training personnel in the field of social protection of disabled people;
9) financing scientific research, research and development work in the field of social protection of disabled people;
10) assistance to public associations of disabled people;
11) sending an interdepartmental request for the provision of documents and information necessary for the provision of state or municipal services and at the disposal of bodies providing public services, bodies providing municipal services, other state bodies, local government bodies or organizations subordinate to state bodies or local government bodies (clause additionally included by Federal Law of July 1, 2011 N 169-FZ).
The provisions of paragraph 11 of this article (as amended by Federal Law No. 169-FZ of July 1, 2011) do not apply until July 1, 2012 in relation to documents and information used in the framework of public services provided by executive bodies of state power of the constituent entities of the Russian Federation or territorial state extra-budgetary funds, and municipal services, and in relation to documents and information at the disposal of state bodies of the constituent entities of the Russian Federation, local governments, territorial state extra-budgetary funds or organizations subordinate to state bodies or local governments involved in the provision of state or municipal services - see paragraph 5 of article 74 of the Federal Law of July 1, 2011 N 169-FZ.
____________________________________________________________________
(Article as amended, put into effect on January 1, 2006 by Federal Law of December 31, 2005 N 199-FZ
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From January 1, 2017, Federal Law No. 419-FZ of December 1, 2014 (as amended) will supplement this Federal Law with Article 5_1.
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Article 6. Liability for causing harm to health leading to disability
For causing harm to the health of citizens resulting in disability, the persons responsible for this bear material, civil, administrative and criminal liability in accordance with the legislation of the Russian Federation.
Chapter II. Medical and social examination (Articles 7 - 8)
Article 7. The concept of medical and social examination
Medical and social examination is the recognition of a person as disabled and the determination, in the prescribed manner, of the needs of the examined person for social protection measures, including rehabilitation, based on an assessment of the limitations in life activity caused by a persistent disorder of body functions.
Federal Law of December 1, 2014 N 419-FZ.
Medical and social examination is carried out on the basis of a comprehensive assessment of the state of the body based on the analysis of clinical-functional, social-domestic, professional-labor, psychological data of the person being examined using classifications and criteria developed and approved in the manner determined by the federal executive body exercising the functions on the development and implementation of state policy and legal regulation in the field of social protection of the population.
; as amended, put into effect on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
Article 8. Federal institutions of medical and social examination
Federal Law of August 22, 2004 N 122-FZ
Medical and social examination is carried out by federal institutions of medical and social examination, subordinate to the authorized body determined by the Government of the Russian Federation. The procedure for the organization and activities of federal institutions of medical and social examination is determined by the federal executive body authorized by the Government of the Russian Federation (as amended as amended on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ Federal Law of July 23, 2008 N 160-FZ.
Federal Law of August 22, 2004 N 122-FZ. .
Federal medical and social examination institutions are entrusted with Federal Law of August 22, 2004 N 122-FZ:
1) establishing disability, its causes, timing, time of onset of disability, the need of a disabled person for various types of social protection (clause as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ;
2) development of individual programs for rehabilitation and habilitation of disabled people;
(Clause as amended, put into effect on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
3) study of the level and causes of disability of the population;
4) participation in the development of comprehensive programs for rehabilitation, habilitation of people with disabilities, prevention of disability and social protection of people with disabilities;
(Clause as amended, entered into force on November 10, 2003 by Federal Law of October 23, 2003 N 132-FZ; as amended by Federal Law of December 1, 2014 N 419-FZ.
5) determination of the degree of loss of professional ability to work (clause as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ;
6) determining the cause of death of a disabled person in cases where the legislation of the Russian Federation provides for the provision of social support measures to the family of the deceased (clause as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ;
7) issuance of a conclusion on the need for health reasons for constant outside care (assistance, supervision) in the cases provided for in subparagraph “b” of paragraph 1 of Article 24 of the Federal Law of March 28, 1998 N 53-FZ “On Military Duty and Military Service”.
(The clause was additionally included from January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ)
The decision to establish a medical and social examination is mandatory for execution by the relevant government bodies, local government bodies, as well as organizations, regardless of organizational and legal forms and forms of ownership (part as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ.
Chapter III. Rehabilitation and habilitation of disabled people (Articles 9 - 12)
Federal Law of December 1, 2014 N 419-FZ.
Article 9. The concept of rehabilitation and habilitation of disabled people
(Name as amended, entered into force on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
Rehabilitation of disabled people is a system and process of full or partial restoration of the abilities of disabled people for everyday, social, professional and other activities. Habilitation of disabled people is a system and process of developing the abilities that disabled people lack for everyday, social, professional and other activities. Rehabilitation and habilitation of people with disabilities are aimed at eliminating or, as fully as possible, compensating for the disabilities of people with disabilities for the purpose of their social adaptation, including their achievement of financial independence and integration into society.
(Part as amended, entered into force on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
The main areas of rehabilitation and habilitation for people with disabilities include:
Federal Law of December 1, 2014 N 419-FZ.
medical rehabilitation, reconstructive surgery, prosthetics and orthotics, spa treatment;
(Paragraph as amended, put into effect on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
vocational guidance, general and vocational education, vocational training, assistance in employment (including in special workplaces), industrial adaptation;
(Paragraph as amended, put into effect on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
social-environmental, socio-pedagogical, socio-psychological and sociocultural rehabilitation, social and everyday adaptation;
physical education and health activities, sports.
The implementation of the main directions of rehabilitation and habilitation of people with disabilities involves the use of technical means of rehabilitation by people with disabilities, the creation of the necessary conditions for unhindered access of people with disabilities to social, engineering, transport infrastructure facilities and the use of means of transport, communication and information, as well as providing people with disabilities and their family members with information on rehabilitation issues , habilitation of disabled people.
(Part as amended, entered into force on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
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From January 1, 2019, Federal Law dated December 1, 2014 N 419-FZ (as amended by Federal Law dated December 29, 2015 N 394-FZ) this article will be supplemented with a fourth part.
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(Article as amended, put into effect on November 10, 2003 by Federal Law of October 23, 2003 N 132-FZ
Article 10. Federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person
The state guarantees disabled people the implementation of rehabilitation measures, the receipt of technical means and services provided for by the federal list of rehabilitation measures, technical means of rehabilitation and services provided to the disabled person at the expense of the federal budget.
The federal list of rehabilitation measures, technical means of rehabilitation and services provided to disabled people is approved by the Government of the Russian Federation.
Federal Law of August 22, 2004 N 122-FZ
Article 11. Individual program for rehabilitation or habilitation of a disabled person
(Name as amended, entered into force on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
An individual rehabilitation or habilitation program for a disabled person is a set of rehabilitation measures that are optimal for a disabled person, including certain types, forms, volumes, timing and procedures for the implementation of medical, professional and other rehabilitation measures aimed at restoration, compensation for impaired body functions, formation, restoration, compensation abilities of a disabled person to perform certain types of activities. Federal institutions of medical and social expertise may, if necessary, involve organizations engaged in rehabilitation and habilitation of disabled people in the development of individual programs for rehabilitation or habilitation of disabled people. The procedure for the development and implementation of an individual rehabilitation or habilitation program for a disabled person and its form are determined by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of social protection of the population.
(Part as amended, entered into force on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
An individual rehabilitation or habilitation program for a disabled person is mandatory for execution by the relevant government bodies, local government bodies, as well as organizations, regardless of their organizational, legal forms and forms of ownership.
(Part as amended, entered into force on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
An individual rehabilitation or habilitation program for a disabled person contains both rehabilitation measures, technical means of rehabilitation and services provided to a disabled person with an exemption from fees in accordance with the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person, and rehabilitation measures, technical means of rehabilitation and services , in the payment of which the disabled person himself or other persons or organizations participate, regardless of organizational, legal forms and forms of ownership.
(Part as amended by Federal Law of August 22, 2004 N 122-FZ; as amended by Federal Law of December 1, 2014 N 419-FZ.
The scope of rehabilitation measures provided for by an individual rehabilitation or habilitation program for a disabled person cannot be less than that established by the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person.
(Part as amended by Federal Law of August 22, 2004 N 122-FZ; as amended by Federal Law of December 1, 2014 N 419-FZ.
An individual rehabilitation or habilitation program is of a recommendatory nature for a disabled person; he has the right to refuse one or another type, form and volume of rehabilitation measures, as well as the implementation of the program as a whole. A disabled person has the right to independently decide on the issue of providing himself with a specific technical means of rehabilitation or type of rehabilitation, including wheelchairs, prosthetic and orthopedic products, printed publications with a special font, sound-amplifying equipment, signaling devices, video materials with subtitles or sign language translation, and other similar means.
Federal Law of October 23, 2003 N 132-FZ; as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ; as amended, put into effect on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
If a technical means of rehabilitation and (or) service provided for by an individual program of rehabilitation or habilitation cannot be provided to a disabled person, or if a disabled person has purchased an appropriate technical means of rehabilitation and (or) paid for the service at his own expense, he is paid compensation in the amount of the cost of the acquired technical means of rehabilitation and ( or) the service provided, but not more than the cost of the corresponding technical means of rehabilitation and (or) services provided in the manner established by part fourteen of Article 11_1 of this Federal Law. The procedure for paying such compensation, including the procedure for determining its amount and the procedure for informing citizens about the amount of said compensation, is determined by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of social protection of the population.
(Part as amended, entered into force on February 1, 2011; as amended, entered into force on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
Refusal of a disabled person (or a person representing his interests) from an individual rehabilitation or habilitation program as a whole or from the implementation of its individual parts releases the relevant government bodies, local government bodies, as well as organizations, regardless of organizational, legal forms and forms of ownership, from responsibility for it execution and does not give the disabled person the right to receive compensation in the amount of the cost of rehabilitation measures provided free of charge.
(Part as amended, entered into force on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
Federal institutions of medical and social expertise send extracts from the individual program of rehabilitation or habilitation of a disabled person to the relevant executive authorities, local government bodies, organizations, regardless of their organizational and legal forms, which are entrusted with carrying out the activities provided for by the individual program of rehabilitation or habilitation of a disabled person.
Federal Law of December 1, 2014 N 419-FZ)
These bodies and organizations provide information on the implementation of the activities assigned to them by the individual program of rehabilitation or habilitation of a disabled person to federal institutions of medical and social examination in the form and in the manner approved by the federal executive body exercising the functions of developing and implementing state policy and legal norms. regulation in the field of social protection of the population.
(Part additionally included from January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ)
Article 11_1. Technical means for rehabilitation of disabled people
(name of the article as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ
Technical means of rehabilitation of disabled people include devices containing technical solutions, including special ones, used to compensate for or eliminate persistent limitations in the life activity of a disabled person. (part as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ.
Technical means of rehabilitation of disabled people are (paragraph as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ:
the paragraph became invalid on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ;
special means for self-service;
special care products;
special means for orientation (including guide dogs with a set of equipment), communication and information exchange;
special means for training, education (including literature for the blind) and employment;
prosthetic products (including prosthetic and orthopedic products, orthopedic shoes and special clothing, eye prostheses and hearing aids);
special training and sports equipment, sports equipment;
special mobility aids (wheelchairs) (paragraph additionally included from February 1, 2011 by Federal Law of December 9, 2010 N 351-FZ).
The decision to provide disabled people with technical means of rehabilitation is made when medical indications and contraindications are established. (part as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ.
Medical indications and contraindications are established based on an assessment of persistent disorders of body functions caused by diseases, consequences of injuries and defects.
According to medical indications and contraindications, the need is established to provide the disabled person with technical means of rehabilitation, which provide compensation or elimination of persistent limitations in the life activity of the disabled person. (part as amended by Federal Law of August 22, 2004 No. 122-FZ; amended on February 1, 2011 by Federal Law of December 9, 2010 No. 351-FZ.
Part lost force on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ. .
Part lost force on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ. .
Financing of expenditure obligations to provide disabled people with technical means of rehabilitation, including the manufacture and repair of prosthetic and orthopedic products, is carried out at the expense of the federal budget and the Social Insurance Fund of the Russian Federation (part as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ.
Part lost force on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ. .
Part lost force on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ. .
Part lost force on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ. .
The technical means of rehabilitation provided for by individual rehabilitation and habilitation programs for disabled people, provided to them at the expense of the federal budget and the Social Insurance Fund of the Russian Federation, are transferred to disabled people for free use.
(Part as amended by Federal Law of August 22, 2004 N 122-FZ; as amended by Federal Law of December 1, 2014 N 419-FZ.
Additional funds to finance the costs of the technical means of rehabilitation of disabled people provided for in this article may be obtained from other sources not prohibited by law. (part as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ.
Technical means of rehabilitation are provided to disabled people at their place of residence by authorized bodies in the manner determined by the Government of the Russian Federation, the Social Insurance Fund of the Russian Federation, as well as other interested organizations (part as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ.
The list of medical indications and contraindications for providing disabled people with technical means of rehabilitation is determined by the federal executive body authorized by the Government of the Russian Federation.
(Part as amended by Federal Law of July 23, 2008 N 160-FZ; as amended by Federal Law of December 9, 2010 N 351-FZ; as amended by Federal Law of December 9, 2010 N 351-FZ; entered into force on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
Annual monetary compensation to disabled persons for the costs of maintaining and veterinary care of guide dogs is set at 17,420 rubles.
(Part as amended, entered into force on January 1, 2012.
The amount of annual monetary compensation to disabled persons for the costs of maintaining and veterinary care of guide dogs is increased (indexed) in accordance with the federal law on the federal budget for the corresponding year and for the planning period, taking into account the level of inflation (consumer prices). The decision to increase (indexate) the specified annual monetary compensation is made by the Government of the Russian Federation.
Federal Law of November 30, 2011 N 355-FZ)
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Part seventeen of this article is suspended until January 1, 2017 - (as amended).
The procedure for paying annual monetary compensation to disabled persons for the costs of maintaining and veterinary care of guide dogs is determined by the Government of the Russian Federation.
(Part additionally included from January 1, 2012 by Federal Law of November 30, 2011 N 355-FZ)
(The article was additionally included on November 10, 2003 by Federal Law of October 23, 2003 N 132-FZ)
Article 12. State Service for the Rehabilitation of Disabled Persons (repealed from January 1, 2005)
Federal Law of August 22, 2004 N 122-FZ. )
Chapter IV. Ensuring the livelihoods of people with disabilities (Articles 13 - 32)
Article 13. Medical assistance to disabled people
The provision of qualified medical care to disabled people is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation within the framework of the program of state guarantees for the provision of free medical care to citizens of the Russian Federation (part as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ.
Part lost force on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ. .
Part lost force on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ. .
Article 14. Ensuring unhindered access to information for people with disabilities
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Article 14 of this Federal Law came into force on January 1, 1998.
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The state guarantees a disabled person the right to receive the necessary information. Ensuring the publication of literature for the visually impaired is an expenditure obligation of the Russian Federation. The acquisition of periodical, scientific, educational, methodological, reference, information and fiction literature for people with disabilities, including those published on tape cassettes and in embossed dot Braille, for educational organizations and libraries administered by the constituent entities of the Russian Federation and municipal educational organizations is expenditure obligation of the constituent entities of the Russian Federation, for municipal libraries - expenditure obligation of the local government body. The acquisition of literature specified in this part for federal state educational organizations and libraries is an expenditure obligation of the Russian Federation.
(Part as amended, entered into force on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ; as amended, entered into force on September 1, 2013.
Russian sign language is recognized as a language of communication in the presence of hearing and (or) speech impairments, including in the areas of oral use of the state language of the Russian Federation. A system of subtitling or sign language translation of television programs, films and videos is being introduced. Translation of Russian sign language (sign language interpreting, sign language interpreting) is carried out by Russian sign language interpreters (sign language interpreters, sign language interpreters) who have the appropriate education and qualifications. The procedure for providing Russian sign language translation services (sign language translation, sign language translation) is determined by the Government of the Russian Federation.
(Part as amended, entered into force on January 11, 2013.
Authorized bodies provide assistance to people with disabilities in obtaining services for sign language interpretation, sign language interpretation, provision of sign language equipment, and provision of sign language equipment.
(Part as amended by Federal Law of August 22, 2004 No. 122-FZ; as amended by Federal Law of December 30, 2012 No. 296-FZ.
State authorities and local governments create conditions in their subordinate institutions for people with hearing disabilities to receive translation services using Russian sign language.
Federal Law of December 30, 2012 N 296-FZ)
Training, advanced training and professional retraining of teachers and translators of Russian sign language, development of Russian sign language are provided.
(Part additionally included from January 11, 2013 by Federal Law of December 30, 2012 N 296-FZ)
Article 14_1. Participation of visually impaired people in operations using facsimile reproduction of a handwritten signature
When a credit institution carries out operations to receive, issue, change, exchange cash, or when a legal entity that is not a credit institution or an individual entrepreneur (hereinafter referred to as a business entity) carries out operations to receive, issue cash, a visually disabled person has the right to use when participating in the implementation of these operations, a facsimile reproduction of his handwritten signature, affixed using a mechanical copying device.
In order to exercise this right, a visually impaired person, when a credit institution carries out operations to receive, issue, change, exchange cash, or when a business entity carries out operations to receive and issue cash, represents:
1) identity document;
2) a notarial certificate certifying the identity of the handwritten signature of a visually disabled person with a facsimile reproduction of his handwritten signature, issued in the manner established by the legislation on notaries;
3) a certificate confirming the fact of establishing a visual disability and issued by the federal state institution of medical and social examination, in the form approved by the authorized federal executive body.
When a credit organization carries out operations to receive, issue, change, exchange cash or when a business entity carries out operations to receive or issue cash, employees of the credit organization or employees of a business entity, determined by the administrative document of the credit organization or business entity and not those carrying out these operations bring to the attention of the visually impaired person, in the case of his using a facsimile reproduction of a handwritten signature, information about the nature of the operation being carried out and the amount of the operation in the manner established by the Central Bank of the Russian Federation.
(The article was additionally included from October 21, 2014 by Federal Law of July 21, 2014 N 267-FZ)
Article 15. Ensuring unimpeded access for people with disabilities to social, engineering and transport infrastructure facilities
____________________________________________________________________
By Decree of the Government of the Russian Federation of December 7, 1996 N 1449, Article 15 of this Federal Law came into force on January 1, 1999.
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Federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies (in the sphere of established powers), organizations, regardless of their organizational and legal forms, provide disabled people (including disabled people using wheelchairs and guide dogs):
1) conditions for unhindered access to social, engineering and transport infrastructure facilities (residential, public and industrial buildings, structures and structures, including those in which physical education and sports organizations, cultural organizations and other organizations are located), to places of recreation and to the services provided services in them;
2) conditions for the unhindered use of railway, air, water transport, road transport and urban ground electric transport in urban, suburban, intercity traffic, communications and information means (including means that ensure duplication of sound signals with light signals of traffic lights and devices regulating the movement of pedestrians through transport communications);
3) the ability to independently move around the territory where social, engineering and transport infrastructure facilities are located, enter and exit such facilities, get into and out of a vehicle, including using a wheelchair;
4) accompanying disabled people with persistent visual impairments and independent movement disorders, and providing them with assistance at social, engineering and transport infrastructure facilities;
5) proper placement of equipment and storage media necessary to ensure unimpeded access for people with disabilities to social, engineering and transport infrastructure facilities and services, taking into account their life limitations;
6) duplication of audio and visual information necessary for disabled people, as well as inscriptions, signs and other textual and graphic information with signs made in embossed dot Braille, admission of a sign language interpreter and a sign language interpreter;
7) admission to the objects of social, engineering and transport infrastructure of a guide dog in the presence of a document confirming its special training and issued in the form and in the manner determined by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of social protection of the population;
8) provision of assistance by employees of organizations providing services to the public to people with disabilities in overcoming barriers that prevent them from receiving services on an equal basis with other persons.
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The provisions of part one of this article (as amended by Federal Law No. 419-FZ of December 1, 2014) regarding ensuring accessibility for disabled people of communication facilities, social, engineering and transport infrastructure, and vehicles apply from July 1, 2016 exclusively to newly commissioned or those that have undergone reconstruction or modernization of the specified facilities and means - see paragraph 3 of Article 26 of the Federal Law of December 1, 2014 N 419-FZ.
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The procedure for ensuring conditions of accessibility for disabled people of social, engineering and transport infrastructure facilities and services provided, as well as providing them with the necessary assistance, is established by federal executive authorities exercising the functions of developing and implementing state policy and legal regulation in established areas of activity, according to coordination with the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of social protection of the population, based on the financial capabilities of the budgets of the budgetary system of the Russian Federation and organizations.
Federal executive authorities, executive authorities of constituent entities of the Russian Federation, organizations providing services to the population, within the established powers, instruct or train specialists working with people with disabilities on issues related to ensuring accessibility for them to social, engineering and transport infrastructure and services in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
In cases where the existing objects of social, engineering and transport infrastructure cannot be fully adapted to the needs of people with disabilities, the owners of these objects, before their reconstruction or major repairs, must accept agreements with one of the public associations of people with disabilities operating in the territory of a settlement, municipal district, city district, measures to ensure access for people with disabilities to the place where services are provided or, when possible, to ensure the provision of necessary services at the place of residence of the person with disabilities or remotely.
Planning and development of cities and other settlements, the formation of residential and recreational areas, the development of design solutions for new construction and reconstruction of buildings, structures and their complexes, as well as the development and production of public transport vehicles, communications and information equipment without adapting these objects for unhindered Access to them by disabled people and their use by disabled people are not allowed.
State and municipal expenditures on the development and production of vehicles taking into account the needs of people with disabilities, adaptation of vehicles, communications and information for unhindered access to them by people with disabilities and their use by people with disabilities, providing conditions for people with disabilities to have unhindered access to social, engineering and transport infrastructure facilities are carried out in within the limits of budgetary allocations annually provided for these purposes in the budgets of the budgetary system of the Russian Federation. Expenses for carrying out these activities that are not related to state and municipal expenses are made from other sources not prohibited by the legislation of the Russian Federation.
Organizations engaged in the production of vehicles, as well as organizations providing transport services to the population (regardless of their organizational and legal forms), provide the equipment of these facilities, stations, airports and other transport infrastructure facilities with special devices and devices in order to provide conditions for disabled people for unhindered use by the specified means.
Places for the construction of a garage or parking for technical and other means of transportation are provided to disabled people out of turn near their place of residence, taking into account urban planning standards.
At every parking lot (stop) of vehicles, including near social, engineering and transport infrastructure facilities (residential, public and industrial buildings, structures and structures, including those in which physical education and sports organizations, cultural organizations and other organizations are located), recreational areas, at least 10 percent of the spaces (but not less than one space) are allocated for parking special vehicles for people with disabilities. The designated parking spaces must not be occupied by other vehicles. Disabled persons use parking spaces for special vehicles free of charge.
(Article as amended, put into effect on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
Article 16. Responsibility for evading the requirements for creating conditions for unimpeded access for people with disabilities to social, engineering and transport infrastructure facilities
(Name as amended, entered into force on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
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By Decree of the Government of the Russian Federation of December 7, 1996 N 1449, Article 16 of this Federal Law came into force on January 1, 1999.
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Legal entities and officials for evading compliance with the requirements provided for by this Federal Law, other federal laws and other regulatory legal acts for creating conditions for people with disabilities for unhindered access to engineering, transport and social infrastructure facilities, as well as for unhindered use of railway, air, water, intercity road transport and all types of urban and suburban passenger transport, communications and information means bear administrative responsibility in accordance with the legislation of the Russian Federation.
Part lost force on December 6, 2013 - Federal Law of November 25, 2013 N 312-FZ. .
(Article as amended, put into effect on August 10, 2001 by Federal Law of August 8, 2001 N 123-FZ
Article 17. Providing housing for disabled people
(Name as amended, entered into force on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
Disabled people and families with disabled children in need of improved housing conditions are registered and provided with living quarters in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
Providing, at the expense of federal budget funds, housing for disabled people and families with disabled children in need of improved housing conditions, registered before January 1, 2005, is carried out in accordance with the provisions of Article 28_2 of this Federal Law.
Disabled people and families with disabled children in need of improved housing conditions, registered after January 1, 2005, are provided with living quarters in accordance with the housing legislation of the Russian Federation.
Determining the procedure for providing residential premises (under a social tenancy agreement or ownership) to citizens in need of improved housing conditions who registered before January 1, 2005, is established by the legislation of the constituent entities of the Russian Federation.
Residential premises are provided to disabled people and families with disabled children, taking into account their state of health and other circumstances worthy of attention.
Disabled people may be provided with residential premises under a social tenancy agreement with a total area exceeding the norm for provision per person (but not more than twice), provided that they suffer from severe forms of chronic diseases provided for in the list established by the federal body authorized by the Government of the Russian Federation executive branch (part as amended, put into effect on January 1, 2009 by Federal Law of July 23, 2008 N 160-FZ.
Payment for residential premises (fee for social rent, as well as for the maintenance and repair of residential premises) provided to a disabled person under a social rental agreement in excess of the norm for the provision of residential premises area is determined based on the occupied total area of residential premises in a single amount, taking into account the benefits provided.
Residential premises occupied by disabled people are equipped with special means and devices in accordance with the individual program of rehabilitation or habilitation of the disabled person.
(Part as amended, entered into force on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
Disabled people living in social service organizations that provide social services in a stationary form, and wishing to obtain residential premises under a social tenancy agreement, are subject to registration for improving housing conditions, regardless of the size of the occupied area and are provided with residential premises on an equal basis with other disabled people.
.
Disabled children living in social service organizations that provide social services in a stationary form and who are orphans or left without parental care, upon reaching the age of 18 years, are subject to being provided with residential premises out of turn, if the individual rehabilitation or habilitation program for a disabled person provides for the opportunity to carry out self-care and lead him an independent life.
(Part as amended by Federal Law of November 28, 2015 No. 358-FZ; as amended by Federal Law of December 1, 2014 No. 419-FZ.
Residential premises of a state or municipal housing stock occupied by a disabled person under a social tenancy agreement, when the disabled person is placed in a social service organization that provides social services in a stationary form, is retained by him for six months.
; as amended, put into effect on December 9, 2015 by Federal Law of November 28, 2015 N 358-FZ.
Specially equipped residential premises of the state or municipal housing stock, occupied by disabled people under a social tenancy agreement, upon their vacancy, are occupied first of all by other disabled people in need of improved housing conditions.
(Part as amended, entered into force on August 3, 2012 by Federal Law of July 20, 2012 N 124-FZ.
Disabled people and families with disabled children are provided with compensation for the cost of living quarters and utilities in the amount of 50 percent:
rental fees and fees for the maintenance of residential premises, including fees for services, work on managing an apartment building, for the maintenance and ongoing repairs of common property in an apartment building, based on the occupied total area of residential premises of state and municipal housing funds;
payments for cold water, hot water, electrical energy, thermal energy consumed in the maintenance of common property in an apartment building, as well as for the disposal of waste water for the purpose of maintaining common property in an apartment building, regardless of the type of housing stock;
payment for utilities, calculated based on the volume of consumed utilities, determined by meter readings, but not more than consumption standards approved in the manner established by the legislation of the Russian Federation. In the absence of the specified metering devices, fees for utility services are calculated based on standards for the consumption of utility services, approved in accordance with the procedure established by the legislation of the Russian Federation;
payment for the cost of fuel purchased within the limits established for sale to the public, and transport services for the delivery of this fuel - when living in houses that do not have central heating.
(Part as amended, entered into force on June 30, 2015.
Disabled people of groups I and II, disabled children, citizens with disabled children are provided with compensation for the costs of paying a contribution for major repairs of common property in an apartment building, but not more than 50 percent of the specified contribution, calculated based on the minimum amount of the contribution for major repairs for one square meter of the total area of residential premises per month, established by the regulatory legal act of the constituent entity of the Russian Federation, and the size of the regional standard for the standard area of living premises used to calculate subsidies for the payment of residential premises and utilities.
(Part additionally included from January 1, 2016 by Federal Law of December 29, 2015 N 399-FZ)
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Parts fourteen and fifteen of this edition from January 1, 2016 are considered respectively parts fifteen and sixteen of this edition - Federal Law of December 29, 2015 N 399-FZ.
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Social support measures for the payment of utility services are provided to persons living in residential premises, regardless of the type of housing stock, and do not apply to cases established by the Government of the Russian Federation of applying increasing coefficients to the standards for the consumption of utility services.
(Part additionally included from June 30, 2015 by Federal Law of June 29, 2015 N 176-FZ)
Disabled people and families that include disabled people are given the right to priority receipt of land plots for individual housing construction, farming and gardening.
(Article as amended, entered into force on January 1, 2005
Article 18. Education and training of disabled children
(Repealed from September 1, 2013 - Federal Law of July 2, 2013 N 185-FZ.)
Article 19. Education of disabled people
The state supports the acquisition of education by people with disabilities and guarantees the creation of the necessary conditions for people with disabilities to receive it.
Support for general education, vocational education and vocational training for people with disabilities is aimed at:
1) their exercise of human rights and freedoms on an equal basis with other citizens;
2) development of personality, individual abilities and capabilities;
3) integration into society.
Bodies exercising management in the field of education and educational organizations, together with social protection authorities and health authorities, ensure that people with disabilities receive public and free pre-school, primary general, basic general, secondary general and secondary vocational education, as well as free higher education.
General education, vocational education and vocational training for disabled people are carried out in accordance with adapted educational programs and individual rehabilitation and habilitation programs for disabled people.
(Part as amended, entered into force on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
Bodies exercising management in the field of education and organizations carrying out educational activities provide disabled people and their parents (legal representatives) with information on the issues of obtaining general education, vocational education, vocational training and rehabilitation of disabled people.
State authorities and organizations engaged in educational activities provide psychological and pedagogical support when disabled people receive education, including when disabled children receive general education at home and in the form of family education.
Disabled people are provided with the necessary conditions for receiving education in organizations that carry out educational activities in the implementation of basic general education programs, in which special conditions have been created for students with disabilities to receive education, as well as in individual organizations that carry out educational activities in accordance with adapted basic general education programs.
If it is impossible to educate disabled children in basic general education programs in organizations engaged in educational activities, the bodies in charge of education, with the consent of the parents (legal representatives) of disabled children, ensure the organization of training for disabled children in basic general education programs at home. The basis for organizing education for disabled children at home is a written request from their parents (legal representatives) and a conclusion from a medical organization, issued in the manner and under the conditions determined by the federal executive body responsible for the development and implementation of state policy and legal regulation in healthcare sector.
The list of diseases, the presence of which gives the right to study in basic general education programs at home, is approved by the federal executive body authorized by the Government of the Russian Federation.
The procedure for regulating and formalizing relations between a state or municipal educational organization and parents (legal representatives) of disabled children in terms of organizing training in basic general education programs at home is established by a regulatory legal act of the authorized government body of a constituent entity of the Russian Federation. The amount of compensation for the expenses of parents (legal representatives) of disabled children for these purposes is determined by laws and other regulatory legal acts of the constituent entities of the Russian Federation and are the expenditure obligations of the constituent entities of the Russian Federation.
(Article as amended, put into effect on September 1, 2013 by Federal Law of July 2, 2013 N 185-FZ.
Article 20. Ensuring employment of disabled people
Disabled people are provided with employment guarantees through the following special events that help increase their competitiveness in the labor market:
(Paragraph as amended, put into effect on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
1) the paragraph became invalid on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ;
2) establishing in organizations, regardless of organizational and legal forms and forms of ownership, quotas for hiring disabled people and a minimum number of special jobs for disabled people;
3) reserving jobs in professions most suitable for employing people with disabilities;
4) stimulating the creation by enterprises, institutions, organizations of additional jobs (including special ones) for the employment of people with disabilities;
5) creating working conditions for disabled people in accordance with individual rehabilitation and habilitation programs for disabled people;
(Clause as amended, put into effect on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
6) creating conditions for entrepreneurial activity of disabled people;
7) organizing training for disabled people in new professions.
The procedure for holding special events specified in part one of this article is determined by state authorities of the constituent entities of the Russian Federation.
(Part additionally included from January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ)
Article 21. Establishing a quota for hiring disabled people
For employers whose number of employees exceeds 100 people, the legislation of the constituent entity of the Russian Federation establishes a quota for hiring disabled people in the amount of 2 to 4 percent of the average number of employees. For employers whose number of employees is no less than 35 people and no more than 100 people, the legislation of a constituent entity of the Russian Federation may establish a quota for hiring disabled people in the amount of no more than 3 percent of the average number of employees.
When calculating the quota for hiring disabled people, the average number of employees does not include workers whose working conditions are classified as harmful and (or) dangerous working conditions based on the results of certification of workplaces for working conditions or the results of a special assessment of working conditions.
(Part additionally included from January 1, 2014 by Federal Law of December 28, 2013 N 421-FZ)
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Part two of the previous edition, from January 1, 2014, is considered part of the third of this edition - Federal Law of December 28, 2013 N 421-FZ.
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If the employers are public associations of disabled people and organizations formed by them, including business partnerships and societies, the authorized (share) capital of which consists of the contribution of a public association of disabled people, these employers are exempt from complying with the established quota for hiring disabled people.
(Article as amended, put into effect on July 14, 2013 by Federal Law of July 2, 2013 N 183-FZ.
Article 22. Special workplaces for employing disabled people
Special workplaces for employing disabled people are workplaces that require additional measures to organize work, including adaptation of main and auxiliary equipment, technical and organizational equipment, additional equipment and provision of technical devices, taking into account the individual capabilities of disabled people. Special workplaces for the employment of disabled people are equipped (equipped) by employers, taking into account the impaired functions of disabled people and the limitations of their life activities in accordance with the basic requirements for such equipment (equipment) of these workplaces, determined by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of labor and social protection of the population.
(Part as amended, entered into force on July 14, 2013 by Federal Law of July 2, 2013 N 168-FZ.
The minimum number of special jobs for employing disabled people is established by the executive authorities of the constituent entities of the Russian Federation for each enterprise, institution, organization within the established quota for hiring disabled people.
Part lost force on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ. .
Part lost force on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ. .
Article 23. Working conditions for disabled people
Disabled people employed in organizations, regardless of organizational and legal forms and forms of ownership, are provided with the necessary working conditions in accordance with the individual rehabilitation or habilitation program for the disabled person.
(Part as amended, entered into force on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
It is not allowed to establish in collective or individual labor contracts working conditions for disabled people (wages, working hours and rest periods, duration of annual and additional paid leave, etc.) that worsen the situation of disabled people in comparison with other employees.
For disabled people of groups I and II, a reduced working time of no more than 35 hours per week is established while maintaining full pay.
Involvement of disabled people in overtime work, work on weekends and at night is permitted only with their consent and provided that such work is not prohibited for them due to health reasons.
Disabled persons are granted annual leave of at least 30 calendar days (part as amended, put into effect on June 14, 2001 by Federal Law of June 9, 2001 N 74-FZ.
Article 24. Rights, obligations and responsibilities of employers in ensuring the employment of disabled people
Employers have the right to request and receive information necessary when creating special jobs for employing people with disabilities (part as amended, put into effect on November 10, 2003 by Federal Law of October 23, 2003 N 132-FZ.
Employers, in accordance with the established quota for hiring disabled people, are obliged (paragraph as amended, put into effect on November 10, 2003 by Federal Law of October 23, 2003 N 132-FZ:
1) create or allocate jobs for employing people with disabilities and adopt local regulations containing information about these jobs;
(Clause as amended, put into effect on March 8, 2013 by Federal Law of February 23, 2013 N 11-FZ.
2) create working conditions for disabled people in accordance with the individual rehabilitation or habilitation program for a disabled person;
(Clause as amended, put into effect on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
3) provide, in accordance with the established procedure, information necessary for organizing the employment of disabled people.
3. Part lost force on July 1, 2002 - Federal Law of December 30, 2001 N 196-FZ ..
Article 25. Procedure and conditions for recognizing a disabled person as unemployed (repealed from January 1, 2005)
(the article became invalid on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ.)
Article 26. State incentives for the participation of enterprises and organizations in ensuring the livelihoods of people with disabilities (lost force from January 1, 2005)
(the article became invalid on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ.)
Article 27. Material support for disabled people
Material support for disabled people includes monetary payments on various grounds (pensions, benefits, insurance payments for insuring the risk of health impairment, payments for compensation for harm caused to health, and other payments), compensation in cases established by the legislation of the Russian Federation.
Part lost force on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ. .
Article 28. Social services for disabled people
Social services for disabled people are provided in the manner and on the basis determined by government bodies of the constituent entities of the Russian Federation with the participation of public associations of disabled people (part as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ.
Part lost force on December 9, 2015 - Federal Law of November 28, 2015 N 358-FZ. .
Disabled people in need of outside care and assistance are provided with medical and household services at home or in inpatient organizations. The conditions of stay of disabled people in a social service organization that provides social services in a stationary form must ensure that disabled people can exercise their rights and legitimate interests in accordance with this Federal Law and help meet their needs.
(Part as amended, entered into force on December 9, 2015 by Federal Law of November 28, 2015 N 358-FZ.
This part has been excluded since November 10, 2003 by Federal Law of October 23, 2003 N 132-FZ. .
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Parts five and six of the previous edition from November 10, 2003 are considered respectively parts four and five of this edition - Federal Law of October 23, 2003 N 132-FZ.
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Disabled people are provided with the necessary means of telecommunications services, special telephone sets (including for subscribers with hearing impairments), and public call centers.
Part lost force on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ
Maintenance and repair of technical means of rehabilitation of disabled people are carried out out of turn with exemption from payment or on preferential terms (part as amended by Federal Law of October 23, 2003 No. 132-FZ; as amended by Federal Law of August 22, 2004 No. 122-FZ.
The procedure for providing services for the maintenance and repair of technical means of rehabilitation for people with disabilities is determined by the federal executive body authorized by the Government of the Russian Federation (part additionally included on November 10, 2003 by Federal Law of October 23, 2003 N 132-FZ; as amended, entered into force on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ; as amended by from January 1, 2009 by Federal Law of July 23, 2008 N 160-FZ.
Article 28_1. Monthly cash payment for disabled people
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Pending the entry into force of the relevant federal law, the amount of the monthly cash payment established in accordance with this Federal Law is not taken into account when calculating the total income of a family (a single citizen living alone) to assess their need when determining the right to receive a subsidy for housing and utilities. - see paragraph 7 of Article 154 of the Federal Law of August 22, 2004 N 122-FZ.
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1. Disabled people and disabled children have the right to a monthly cash payment in the amount and manner established by this article.
2. The monthly cash payment is set in the amount of:
1) disabled people of group I - 2162 rubles;
2) disabled people of group II, disabled children - 1544 rubles;
3) disabled people of group III - 1236 rubles.
(Part as amended, entered into force on January 1, 2010.
3. If a citizen simultaneously has the right to a monthly cash payment under this Federal Law and under another federal law or other regulatory legal act, regardless of the basis on which it is established (except for cases where a monthly cash payment is established in accordance with the Law of the Russian Federation "On Social protection of citizens exposed to radiation as a result of the Chernobyl nuclear power plant disaster" (as amended by the Law of the Russian Federation of June 18, 1992 N 3061-1), Federal Law of January 10, 2002 N 2-FZ "On social guarantees for citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site"), he is provided with one monthly cash payment either under this Federal Law, or under another federal law or other regulatory legal act of the citizen’s choice.
4. The amount of the monthly cash payment is subject to indexation once a year from April 1 of the current year based on the forecast inflation rate established by the federal law on the federal budget for the corresponding financial year and for the planning period (part as amended, put into effect on January 1, 2010 by Federal Law of July 24, 2009 N 213-FZ.
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Part 4 of this article is suspended until January 1, 2017 - Federal Law of April 6, 2015 N 68-FZ (as amended by Federal Law of December 14, 2015 N 371-FZ).
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5. The monthly cash payment is established and paid by the territorial body of the Pension Fund of the Russian Federation.
6. Monthly cash payments are made in the manner determined by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of social protection of the population.
(Part as amended, entered into force on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
7. Part of the amount of the monthly cash payment may be used to finance the provision of social services to a disabled person in accordance with Federal Law of July 17, 1999 N 178-FZ “On State Social Assistance”.
Federal Law of August 22, 2004 N 122-FZ (as amended by Federal Law of December 29, 2004 N 199-FZ))
Article 28_2. Providing social support measures for people with disabilities to pay for housing and utilities, as well as providing housing for people with disabilities and families with disabled children
The Russian Federation transfers to the government authorities of the constituent entities of the Russian Federation the authority to provide social support measures for people with disabilities to pay for housing and utilities and to provide housing for disabled people and families with disabled children in need of improved housing conditions, registered before January 1, 2005 .
Funds for the implementation of transferred powers to provide these social support measures are provided in the federal budget in the form of subventions.
(Part as amended, entered into force on May 8, 2013.
The volume of subventions from the federal budget to the budgets of the constituent entities of the Russian Federation is determined:
(Paragraph as amended, put into effect on May 8, 2013 by Federal Law of May 7, 2013 N 104-FZ.
for payment of housing and communal services based on the number of persons entitled to the specified social support measures; approved by the Government of the Russian Federation, the federal standard for the maximum cost of provided housing and communal services per 1 square meter of total housing area per month and the federal standard for the social norm of housing area, used to calculate interbudgetary transfers, as well as the minimum amount of contribution established by a specific subject of the Russian Federation for capital repairs of common property in an apartment building;
(Paragraph as amended, put into effect on June 30, 2014 by Federal Law of June 28, 2014 N 200-FZ.
to provide housing for disabled people and families with disabled children, based on the number of persons entitled to the specified social support measures; the total housing area is 18 square meters and the average market value of 1 square meter of the total housing area in the constituent entity of the Russian Federation, established by the federal executive body authorized by the Government of the Russian Federation.
Subventions are credited in the manner established for the execution of the federal budget to the accounts of the budgets of the constituent entities of the Russian Federation.
The procedure for spending and accounting for funds for the provision of subventions is established by the Government of the Russian Federation.
The form of provision of these social support measures is determined by the regulatory legal acts of the constituent entity of the Russian Federation.
State authorities of the constituent entities of the Russian Federation quarterly submit to the federal executive body, which develops a unified state financial, credit, and monetary policy, a report on the expenditure of provided subventions indicating the number of persons entitled to the specified social support measures, categories of recipients of social support measures, and to the federal executive body responsible for developing a unified state policy in the field of healthcare, social development, labor and consumer protection - a list of persons who have been provided with social support measures, indicating the categories of recipients, the grounds for receiving social support measures, the size of the occupied area and the cost provided or purchased housing. If necessary, additional reporting data is submitted in the manner determined by the Government of the Russian Federation.
Funds for the implementation of these powers are targeted and cannot be used for other purposes.
If funds are not used for their intended purpose, the authorized federal executive body has the right to collect these funds in the manner established by the legislation of the Russian Federation.
Control over the expenditure of funds is carried out by the federal executive body exercising control and supervision functions in the financial and budgetary sphere, the federal executive body exercising control and supervision functions in the field of healthcare and social development, and the Accounts Chamber of the Russian Federation.
State authorities of the constituent entities of the Russian Federation have the right to vest, by the laws of the constituent entities of the Russian Federation, local self-government bodies with the powers to provide social support measures specified in part one of this article (part additionally included on October 24, 2007 by Federal Law of October 18, 2007 N 230-FZ).
(The article was additionally included from January 1, 2005 by Federal Law of December 29, 2004 N 199-FZ)
Article 29. Sanatorium-resort treatment of disabled people (repealed from January 1, 2005)
(the article became invalid on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ.)
Article 30. Transport services for disabled people (repealed from January 1, 2005)
(the article became invalid on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ.)
Article 31. The procedure for maintaining social protection measures established for people with disabilities
(name of the article as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ
Part lost force on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ. .
Part lost force on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ. .
In cases where other legal acts for disabled people provide for norms that increase the level of social protection of disabled people compared to this Federal Law, the provisions of these legal acts are applied. If a disabled person has the right to the same measure of social protection under this Federal Law and at the same time under another legal act, the measure of social protection is provided either under this Federal Law or under another legal act (regardless of the basis for establishing the benefit) (part as amended, put into effect on January 1, 2005 by Federal Law of August 22, 2004 N 122-FZ.
Article 32. Responsibility for violation of the rights of persons with disabilities. Dispute resolution
Citizens and officials guilty of violating the rights and freedoms of people with disabilities bear responsibility in accordance with the legislation of the Russian Federation.
Disputes regarding the establishment of disability, the implementation of individual rehabilitation programs, habilitation of people with disabilities, the provision of specific measures of social protection, as well as disputes concerning other rights and freedoms of people with disabilities, are considered in court.
(Part as amended, entered into force on January 1, 2016 by Federal Law of December 1, 2014 N 419-FZ.
Chapter V. Public associations of disabled people (Articles 33 - 34)
Article 33. The right of disabled people to create public associations
Public associations created and operating to protect the rights and legitimate interests of people with disabilities, providing them with equal opportunities with other citizens, are a form of social protection for people with disabilities. The state provides assistance and assistance to these public associations, including material, technical and financial. Local government bodies have the right to provide support to public associations of people with disabilities at the expense of local budgets (with the exception of interbudgetary transfers provided from the budgets of the budgetary system of the Russian Federation) (part as amended, entered into force on January 13, 1999; amended on November 20, 2011.
Public organizations of disabled people are recognized as organizations created by disabled people and persons representing their interests, in order to protect the rights and legitimate interests of disabled people, provide them with equal opportunities with other citizens, solve problems of social integration of disabled people, among whose members are disabled people and their legal representatives (one of the parents , adoptive parents, guardian or trustee) constitute at least 80 percent, as well as unions (associations) of these organizations (part additionally included on January 13, 1999 by Federal Law of January 4, 1999 N 5-FZ).
Federal executive authorities, executive authorities of constituent entities of the Russian Federation, local government bodies, organizations, regardless of organizational and legal forms and forms of ownership, attract authorized representatives of public associations of disabled people to prepare and make decisions affecting the interests of disabled people. Decisions made in violation of this rule may be declared invalid in court. (part supplemented on November 20, 2011 by Federal Law of November 6, 2011 N 299-FZ.
Public associations of disabled people may own enterprises, institutions, organizations, business partnerships and societies, buildings, structures, equipment, transport, housing, intellectual values, cash, shares, shares and securities, as well as any other property and land plots in accordance with the legislation of the Russian Federation.
Public associations of disabled people and organizations that were created by all-Russian public associations of disabled people, and whose authorized capital consists entirely of contributions from public organizations of disabled people, and the average number of disabled people in which in relation to other employees is no less than 50 percent, and the share of wages of disabled people in the fund wages - no less than 25 percent, state authorities and local governments can also provide support by providing free use of property (including buildings, non-residential premises) used by these associations and organizations legally for at least five years for the moment of provision of such property.
Federal Law of July 10, 2012 N 110-FZ)
Providing support to public associations of disabled people can also be carried out in accordance with the Federal Law of January 12, 1996 N 7-FZ “On Non-Profit Organizations” in terms of socially oriented non-profit organizations.
(Part additionally included from July 23, 2012 by Federal Law of July 10, 2012 N 110-FZ)
For organizations that are created by all-Russian public associations of disabled people, and whose authorized capital consists entirely of contributions from public organizations of disabled people, and the average number of disabled people in relation to other employees is no less than 50 percent, and the share of wages of disabled people in the wage fund - no less than 25 percent, the Federal Law of July 24, 2007 N 209-FZ “On the development of small and medium-sized businesses in the Russian Federation” applies if these organizations comply with the requirements established by the said Federal Law, with the exception of paragraph 1 of part 1 of article 4 of the said Federal Law.
(Part additionally included from July 23, 2012 by Federal Law of July 10, 2012 N 110-FZ)
Article 34. Benefits provided to public associations of disabled people (repealed from January 1, 2005)
(the article became invalid on January 1, 2005 - Federal Law of August 22, 2004 N 122-FZ.)
Chapter VI. Final provisions (Articles 35 - 36)
Article 35. Entry into force of this Federal Law
This Federal Law comes into force on the date of its official publication, with the exception of articles for which other dates of entry into force are established.
Federal Law of November 24, 1995 N 181-FZ
"On social protection of disabled people in the Russian Federation"
In the current latest edition dated July 18, 2019 N 184-FZ
Revision No. 53
Effective date of the edition: 07/18/2019
Editorial expiration date: 12/31/2019
38 pages A4
This Federal Law“On the social protection of disabled people in the Russian Federation” defines the state policy in the field of social protection of disabled people in the Russian Federation, the purpose of which is to provide disabled people with equal opportunities with other citizens in 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 accepted principles and norms of international law and international treaties of the Russian Federation. The social protection measures for disabled people provided for by this Federal Law are expenditure obligations of the Russian Federation, with the exception of measures of social support and social services related to the powers of the state authorities of the constituent entities of the Russian Federation in accordance with the legislation of the Russian Federation.
Disabled person is a person who has a permanent impairment of health disorder of body functions caused by diseases, consequences of injuries or defects, leading to limitation of life activity and causing the need for social protection. Limitation of life activity is a complete or partial loss of a person’s ability or ability to perform self-care, move independently, navigate, communicate, control one’s behavior, study and engage in work.
Depending on the degree of disorder body functions and limitations of life activity, persons recognized as disabled are assigned a disability group, and persons under the age of 18 are assigned the category “disabled child.”
Recognition of a person as disabled is carried out Federal institution of medical and social examination. The procedure and conditions for recognizing a person as disabled are established by the Government of the Russian Federation.
- Chapter I. General provisions
- Chapter II. Medical and social examination
- Chapter III. Rehabilitation of disabled people
- Chapter IV. Providing life support for people with disabilities
- Chapter V. Public associations of disabled people
- Chapter VI. Final provisions
Article by article content:
- Article 1. The concept of “disabled person”, grounds for determining the disability group
- Article 2. The concept of social protection of disabled people
- Article 3. Legislation of the Russian Federation on social protection of disabled people
- Article 3.1. Non-discrimination on the basis of disability
- Article 4. Competence of federal government bodies in the field of social protection of disabled people
- Article 5. Participation of state authorities of the constituent entities of the Russian Federation in ensuring social protection and social support for people with disabilities
- Article 5.1. Federal Register of Disabled Persons
- Article 6. Liability for causing harm to health leading to disability
- Article 7. The concept of medical and social examination
- Article 8. Federal institutions of medical and social examination
- Article 9. The concept of rehabilitation and habilitation of disabled people
- Article 10. Federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person
- Article 11. Individual program for rehabilitation or habilitation of a disabled person
- Article 11.1. Technical means for rehabilitation of disabled people
- Article 12. Lost force
- Article 13. Medical assistance to disabled people
- Article 14. Ensuring unhindered access to information for people with disabilities
- Article 14.1. Participation of visually impaired people in operations using facsimile reproduction of a handwritten signature
- Article 15. Ensuring unimpeded access for people with disabilities to social, engineering and transport infrastructure facilities
- Article 16. Responsibility for evading the requirements for creating conditions for unimpeded access for people with disabilities to social, engineering and transport infrastructure facilities
- Article 17. Providing housing for disabled people
- Article 18. Lost force
- Article 19. Education of disabled people
- Article 20. Ensuring employment of disabled people
- Article 21. Establishing a quota for hiring disabled people
- Article 22. Special workplaces for employing disabled people
- Article 23. Working conditions for disabled people
- Article 24. Rights, obligations and responsibilities of employers in ensuring the employment of disabled people
- Articles 25 - 26. Lost force
- Article 27. Material support for disabled people
- Article 28. Social services for disabled people
- Article 28.1. Monthly cash payment for disabled people
- Article 28.2. Providing social support measures for people with disabilities to pay for housing and utilities, as well as to provide housing for people with disabilities and families with disabled children
- Articles 29 - 30. Lost force
- Article 31. The procedure for maintaining social protection measures established for people with disabilities
- Article 32. Responsibility for violation of the rights of persons with disabilities. Dispute resolution
- Article 33. The right of disabled people to create public associations
- Article 34. Repealed
- Article 35. Entry into force of this Federal Law
- Article 36. Effect of laws and other normative legal acts
Social protection of disabled people– a system of state-guaranteed economic, legal and social support measures that provide disabled people with conditions for overcoming, replacing (compensating) limitations in life and aimed at creating equal opportunities for them to participate in the life of society as other citizens. Social support for people with disabilities is a system of measures that provides social guarantees for people with disabilities, established by laws and other regulations, with the exception of pensions.
For causing harm to the health of citizens resulting in disability, persons guilty of this bear material, civil, administrative and criminal liability in accordance with the legislation of the Russian Federation.
Medical and social examination (MSE)– determination in the prescribed manner of the needs of the examined person for social protection measures, including rehabilitation, based on an assessment of the limitations in life activity caused by a persistent disorder of body functions. MSE is carried out on the basis of a comprehensive assessment of the state of the body based on the analysis of clinical, functional, social, everyday, professional and labor, psychological data of the person being examined using classifications and criteria developed and approved in the manner determined by the federal executive body authorized by the Government of the Russian Federation.
Rehabilitation of disabled people– a system and process of full or partial restoration of the abilities of disabled people for everyday, social and professional activities. Rehabilitation of disabled people is aimed at eliminating or, as fully as possible, compensating for life limitations caused by health problems with persistent impairment of body functions, for the purpose of social adaptation of disabled people, their achievement of financial independence and their integration into society.
Main directions of rehabilitation disabled people include:
- restorative medical measures, reconstructive surgery, prosthetics and orthotics, spa treatment;
- vocational guidance, training and education, assistance in employment, industrial adaptation;
- social-environmental, socio-pedagogical, socio-psychological and sociocultural rehabilitation, social and everyday adaptation;
- physical education and health activities, sports.
The state guarantees disabled people carrying out rehabilitation measures, receiving technical means and services provided for by the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person at the expense of the federal budget. The federal list of rehabilitation measures, technical means of rehabilitation and services provided to disabled people is approved by the Government of the Russian Federation.
Individual rehabilitation program for a disabled person is mandatory for execution by the relevant government bodies, local government bodies, as well as organizations, regardless of organizational and legal forms and forms of ownership. An individual rehabilitation program for a disabled person contains both rehabilitation measures provided to a disabled person with an exemption from fees in accordance with the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person, and rehabilitation measures, the payment of which is paid for by the disabled person himself or other persons or organizations independently on organizational and legal forms and forms of ownership.
To technical means of rehabilitation of disabled people These include devices containing technical solutions, including special ones, used to compensate for or eliminate persistent limitations in the life of a disabled person.
The decision to provide disabled people with technical equipment rehabilitation means are taken when medical indications and contraindications are established. Medical indications and contraindications are established based on an assessment of persistent disorders of body functions caused by diseases, consequences of injuries and defects. Based on medical indications and contraindications, the need is established to provide the disabled person with technical means of rehabilitation that provide compensation or elimination of persistent limitations in the disabled person’s life. Financing of expenditure obligations to provide disabled people with technical means of rehabilitation, including the manufacture and repair of prosthetic and orthopedic products, is carried out at the expense of the federal budget and the Social Insurance Fund of the Russian Federation.
Annual monetary compensation for disabled people expenses for the maintenance and veterinary care of guide dogs are set at 17,420 rubles .
Providing qualified medical care for disabled people is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation within the framework of the program of state guarantees for the provision of free medical care to citizens of the Russian Federation. The state guarantees a disabled person the right to receive the necessary information. Russian sign language is recognized as a language of communication in the presence of hearing and (or) speech impairments, including in the areas of oral use of the state language of the Russian Federation. A system of subtitling or sign language translation of television programs, films and videos is being introduced.
When a credit institution carries out operations when receiving, issuing, exchanging, exchanging cash or when a legal entity that is not a credit institution or an individual entrepreneur carries out operations for receiving and issuing cash, a visually impaired person has the right to use a facsimile reproduction of his handwritten signature when participating in the implementation of these operations, affixed using a mechanical copying device.
Planning and development of cities and other settlements, the formation of residential and recreational areas, the development of design solutions for new construction and reconstruction of buildings, structures and their complexes, as well as the development and production of public transport vehicles, communications and information means without adapting these objects for access to them by disabled people and their use disabled people not allowed .
At every parking lot (stop) of vehicles, including near trade enterprises, the service sector, medical, sports and cultural and entertainment institutions, at least 10 percent of the spaces (but not less than one space) are allocated for parking special vehicles for people with disabilities, which should not be occupied by other vehicles. Disabled people use parking spaces for special vehicles for free .
For disabled people and families with disabled children, compensation for expenses for living quarters and utilities is provided in the amount of 50 percent. The state supports the acquisition of education by people with disabilities and guarantees the creation of the necessary conditions for people with disabilities to receive it. Disabled people are provided with job guarantees. Disabled people employed in organizations, regardless of organizational and legal forms and forms of ownership, are provided with the necessary working conditions in accordance with the individual rehabilitation program for the disabled person.
Monthly cash payment for disabled people is established and paid by the territorial body of the Pension Fund of the Russian Federation. The amount of the monthly cash payment is subject to indexation once a year from April 1 of the current year based on the forecast level of inflation established by the federal law on the federal budget for the corresponding financial year and for the planning period. Monthly cash payments to disabled people are set in the amount of:
- 1) disabled people of group I - 2,162 rubles;
- 2) disabled people of group II, disabled children - 1,544 rubles;
- 3) disabled people of group III - 1,236 rubles.
Citizens and officials responsible in violation of the rights and freedoms of people with disabilities, are liable in accordance with the legislation of the Russian Federation.
