Article 15. Recognition of a citizen as needing social services

1. A citizen is recognized as in need of social services if the following circumstances exist that worsen or may worsen his living conditions:

1) complete or partial loss of the ability or ability to perform self-care, move independently, provide basic life needs due to illness, injury, age or disability;

2) the presence in the family of a disabled person or disabled people, including a disabled child or disabled children who need constant outside care;

3) the presence of a child or children (including those under guardianship or guardianship) experiencing difficulties in social adaptation;

4) inability to provide care (including temporary care) for a disabled person, child, children, as well as lack of care for them;

5) the presence of intra-family conflict, including with persons with drug or alcohol addiction, persons addicted to gambling, persons suffering from mental disorders, the presence of domestic violence;

6) lack of a specific place of residence, including for a person who has not reached the age of twenty-three and has completed his stay in an organization for orphans and children without parental care;

7) lack of work and livelihood;

8) the presence of other circumstances that the regulatory legal acts of the subject Russian Federation recognized as worsening or capable of worsening the living conditions of citizens.

2. The authorized body of a constituent entity of the Russian Federation or an authorized organization makes a decision to recognize a citizen as in need of social services or to refuse social services within five working days from the date of filing the application. ABOUT the decision taken the applicant is informed in writing or electronic form. The decision to provide urgent social services accepted immediately.

3. The decision to refuse social services may be appealed in court.

Social services for the population in the Russian Federation are regulated by Federal Law. It defines the legal and economic aspects of this issue, as well as the powers of federal and regional government bodies in this area. The rights and obligations of recipients and providers of relevant services are prescribed, as well as those categories of persons to whom this law applies.

Previously in force in this area, Federal Law 195 Federal Law “On the Fundamentals social services population in the Russian Federation" lost force with the adoption of the new law. Federal Law 442 was approved on December 28, 2013, came into force on January 1, 2015, and from that moment Federal Law 195 ceased to apply.

The current Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation” retains the succession of the previous document, but significantly expands the list of issues under consideration. Structurally, Federal Law 442 contains the following chapters:

• general provisions of the document;
• powers of federal and regional authorities;
• rights and obligations of recipients of legally regulated services;
• rights, obligations, as well as compliance with information transparency of suppliers;
• provision of social services, its organization, forms and types of services;
• financing the system of services provided and the conditions for their payment by citizens;
• state and public supervision and control.

According to general provisions Federal Law 442 defines the following principles of provision services required by the population:

• respect for human rights;
• humanity;
• respect for human dignity and honor;
• equal and free access of citizens to social services;
• targeting;
• proximity of suppliers to the place of residence of citizens;
• formation of a sufficient number of suppliers to meet the needs of the population;
• creating a familiar and favorable environment for humans;
• voluntary use of the services provided;
• privacy and .

By Article 19 Federal Law 442 social services are provided at home, semi-permanently or V stationary form . In the first case, the supplier arrives at the place of residence of the applicant. Semi-stationary services imply the ability to access them during certain opening hours of the institution. Stationary is the residence of the recipient on the territory of the institution providing the services provided.

Types of social services under Article 20 of Federal Law 442 are defined by the following categories:

• household services aimed at supporting the livelihoods of citizens in housing matters;
• medical oriented towards ensuring and maintaining public health;
• psychological, ensuring adaptation to society and a comfortable state of citizens;
• pedagogical aimed at helping to organize the development of children and eliminate deviations in their behavior and adaptation to society;
• labor solving problems with employment;
• legal providing legal assistance;
• communicative, helping to establish contacts for those citizens who are limited in their life activities.

Types of social services include: urgent help in emergency and emergency situations.

Also in the Russian Federation there is a Federal Law on social services for elderly citizens and the disabled. You can find out more about this law

Download 442 Federal Law

Download Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation” 442-FZ Can . The document is presented in the latest edition with changes relevant as of August 2014. The text can be used by human rights activists, officials, as well as citizens who study their rights and responsibilities in depth.

Latest changes

Changes to the Social Services Law were made only once - July 21, 2014 years, and entered into force together with the general text of the document January 1, 2015. The amendments affected the following provisions:

• part 1 Art. 7 And article 8 accordingly, clauses 7.1 and 24.1 were supplemented with the same content: “ creating conditions for organizing an independent assessment of the quality of service provision by social service organizations»;
• V article 13 Law 442 Federal Law in Part 2 introduced clause 12.1 on conducting an independent assessment of the quality of service provision; Part 4 was introduced on ensuring the technical ability for citizens to express their opinions on quality on official websites;
• added to the law Article 23.1.

Specified Article 23.1 Federal Law 442 regulates the organization and procedure for conducting an independent assessment of the quality of social services provided. This is defined as one of the forms of public control over the implementation of the provisions of the law. The evaluation criteria define the following principles:

• openness and accessibility of information;
• comfortable conditions;
• availability of required services;
• waiting time for social services;
• friendliness, politeness and competence of employees;
• citizen satisfaction with the services received.

An independent assessment is carried out by an authorized federal, regional or municipal body executive branch. Control is carried out in accordance with the prescribed norms of the legislation of the Russian Federation.

The law clearly defines the principles, conditions and procedure for the provision, as well as the composition and content of social services.

The grounds for recognizing citizens as needing social services are determined. This is the presence of circumstances that worsen or may worsen a person’s living conditions. For example, partial or complete loss of the ability to self-care and/or move; the presence in the family of a disabled person who needs constant care; intra-family conflicts; domestic violence; homelessness of minors; lack of a specific place of residence, work and means of subsistence.

The basis for the provision of social services can be an application from both the citizen himself and his legal representative, other persons, bodies and public associations.

Particular emphasis is placed on preventing citizens from needing social services. Social support is being introduced. That is, citizens, if necessary, can be assisted in obtaining the necessary medical, psychological, pedagogical, legal, social assistance.

The principle of providing social services based on individual need for social services is established. The latter can be provided in a hospital, semi-inpatient setting and at home. The development of an individual program for the provision of social services is provided.

In urgent cases, urgent social services can be provided (providing free food, clothing and basic necessities, assistance in obtaining temporary housing, legal and emergency psychological assistance, etc.).

According to the law, payment for social services provided in semi-stationary conditions and at home is based on a targeted approach to their recipients and depends on the level of their average per capita income. The maximum amount of payment for social services is limited. At the same time, it is stipulated that the new conditions for the provision of social services should not worsen the situation of those who are currently entitled to receive them. In particular, this should not lead to an increase in fees for services for these persons.

Free social services are provided to the following categories. In all forms - to minor children, as well as victims of emergency situations and armed international (interethnic) conflicts. Citizens whose average per capita income is below the established value can receive social services free of charge at home and semi-stationary. The size of the maximum per capita income for the provision of social services free of charge will be determined by regional authorities (but not less than 1.5 of the regional subsistence level).

The rights and obligations of providers and recipients of social services are prescribed, and maintenance of a register of providers and a register of recipients is provided.

Businesses will be involved in providing social services. Public control is being introduced in the field of social services.

​​​​ The state takes care of its citizens by developing a number of legal norms to regulate the work of the social sphere. In Russia, protection for children, disabled people, pensioners and people in need of assistance is provided by the relevant federal law.

Federal Law No. 195 “On the fundamentals of social services for the population in the Russian Federation” ceased to be in effect in 2013, when the Federal Law was approved by the State Duma. It came into force on 01/01/2015.

Concepts used in the law

In the Russian Federation, the law on social services includes the following concepts:

• service is a specific action that represents regular, periodic or one-time assistance;
• citizen services are certain actions or activities aimed at providing services to people in need of help;
• the recipient of services is a specific person who was recognized as in need of social services and then provided the necessary assistance;
• service provider is self employed or legal entity, performing an action aimed at improving human living conditions;
• service standard is certain requirements for quality, volume and frequency measures taken provided within the established rules;
• prevention of circumstances regulating the degree of need for social services is a certain algorithm of actions aimed at identifying the causes of deterioration in the life of a person in the Russian Federation.

Important! For each person who requires government support, an individual program is drawn up. It is reviewed every 3 years. An unscheduled procedure is carried out at the request of a citizen and is controlled by government authorities.

The essence

According to the law on the fundamentals of social services, commercial and non-profit organizations. As an incentive, the state provides them with financial support, reduces tax rates.

In the Federal Law on Social Services in the Russian Federation, the following persons receive assistance: disabled and elderly people, citizens under the age of majority, as well as those whose income does not exceed the established threshold.

Important! The Federal Law formulates clear grounds for providing a person with state support. The 1995 bill contained the language “difficult life situation”, which could be interpreted in two ways.

The law on the fundamentals of human social services introduced changes to the algorithm for providing assistance to orphans. Powers were transferred to social protection authorities.

To control and track the activities of organizations providing support in social sphere, it is mandatory to conduct an independent assessment of the quality of the work done, create unified register by providers and recipients of assistance.

Principles for providing the population with required services

The Federal Law on Social Services provides support to the population based on the following principles:

• humanity;
• confidentiality, non-interference in private life;
• respect for human rights, honor and dignity;
• formation of a base of suppliers capable of providing the necessary activities;
• creating conditions for citizens that are close to a familiar and favorable living environment;
• availability of benefits and benefits for the population.

In the Russian Federation, according to Article 19 of the Federal Law, the service can be provided in a stationary or semi-stationary form. The first case involves conducting an independent assessment of the citizen’s quality of life at his place of residence and determining the amount of assistance. The semi-stationary method involves a person receiving services in an institution.

Types of social services

In the Federal Law, the types of assistance provided are described in Article 20:

• social and domestic: the supplier maintains the vital functions of citizens in everyday life;
• socio-medical: assistance is aimed at maintaining a person’s health, organizing care for him and monitoring the receipt of services through periodic medical examination persons with a conclusion on their condition by a medical commission;
• socio-psychological: the recipient, within the powers of executive authorities, is provided with a service to correct his mental state, while maintaining anonymity (using a helpline);
• socio-pedagogical: activities are aimed at preventing the development of behavioral deviations in the recipient by organizing their leisure time;
• social and labor: assistance in finding a job, provision by the provider of services that facilitate a person’s rapid adaptation to the workplace;
• social and legal: protecting the interests of people who require legal services;
• assistance aimed at increasing the communicative level of persons with disabilities, including disabled children.

Important! In case of emergencies and emergencies, urgent assistance is provided within the framework of 442-FZ on social services for the population of 2015.

Document text

In total, the Federal Law on the fundamentals of social services has 10 chapters and 37 articles regulating the legal and legal sphere of the conditions for receiving and providing services.

Any government support is provided after the conclusion of an agreement between the supplier and the person or his representative within the powers of the organization.

In the Federal Law, a citizen is recognized as needing benefits in cases where he has completely or partially lost the ability to self-care, supports a disabled person or a child under guardianship.

It is possible to receive assistance for persons affected by intra-family conflict related to drugs, gambling, or suffering from violence.

Important! Each case of application is considered separately; a decision on the case must be made within 5 days from the date of filing the application.

An individual program is developed for a person in two copies, which specifies the scope, conditions and terms of service provision.

In the Federal Law on Social Services, according to Article 31, free assistance is provided to minors, as well as to citizens affected by interethnic conflicts and emergency situations.

Important! Receiving benefits in the social sphere is possible if, on the date of application, the income of the recipient of the service is less than or equal to the average per capita income.

Money for organizing events to improve human life is collected from charity events, allocated from the state budget and other sources not prohibited by law.

After concluding a contract and drawing up an individual program, the supplier is obliged to fulfill all points of the agreement. Control over its activities in the social sphere is carried out by relevant state and regional organizations.

Rights and obligations of recipients of social services under Federal Law 442

In Articles 9 and 10 federal law human rights and responsibilities are considered on the basics of social services.

According to the contract, they must provide necessary documents and information for receiving benefits. They undertake to promptly transmit information about changing circumstances to the relevant authorities and adhere to the conditions specified in the agreement. When providing paid assistance, the person is responsible for its timely payment.

Citizens' rights:

• obtaining information about types of social assistance, conditions and terms of its provision, one’s responsibilities and rights;
• independent choice of service, as well as refusal of it;
• participation in the creation of programs aimed at improving human life;
• visiting the institutions of service providers, as well as consultations with lawyers and notaries, lawyers of public or non-governmental organizations.

A person has the right to exercise control over the service received and to be treated with respect.

Latest changes

According to amendments to the law on social services adopted by government authorities, institutions providing assistance do not check people. This function is assigned to a special commission of experts.

Assessment of the quality of the activities carried out, according to the amendments to Article 7 of the law of the Russian Federation, is assigned to assistance organizations in which certain conditions are created.

Changes in Article 13: indicators for assessing the quality of activities carried out by suppliers have been clarified. Regardless of the body with which the contract is concluded, it is obliged to provide the opportunity for persons on the World Wide Web to leave written feedback or comments to improve the service.

According to changes in Article 15 of the Federal Law on the Fundamentals of Social Services, in order to declare a person incompetent, the following criteria must be adhered to:

• the recipient is not able to move independently and provide for their needs;
• the citizen is disabled.

In Article 21 of the Federal Law on the basics of social services for citizens, if urgent assistance is needed, the organization is obliged to provide the person in need with food, clothing, shoes and other means.

Criticism of the law

The regional assembly in Arkhangelsk recognized the provisions of the law as being interpreted in two ways. The act of state intervention in family affairs for preventive purposes violates the right to integrity.

The public expressed the opinion that the amendments made to the articles of the law correspond to the juvenile justice of the West, which allows children to be taken away from their parents, justifying their decision by the need for state support.

After reviewing the federal law on social services, Archpriest Dmitry Smirnov, a representative of the church, did not find any articles that violate family integrity.

Involvement in activities in the social sphere commercial organizations was accepted as the beginning of the process of destroying state power.

Conclusion

The Federal Law on Social Services for the Population is a reform developed and adopted in 2015 that makes it possible to regulate the process of state support for a certain category of persons. Articles of the law control legal activity organizations, rights and obligations of recipients of services, conditions and scope of their provision.