442 of the law on social services briefly. Let's overcome together

Article 21. Urgent social services

1. Urgent social services include:

1) providing free hot meals or food packages;

2) provision of clothing, footwear and other essentials;

3) assistance in obtaining temporary accommodation;

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

5) assistance in obtaining an emergency psychological help with the involvement of psychologists and clergy in this work;

6) other urgent social services.

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

1) minor children;

2) persons who have suffered as a result of emergency situations, armed interethnic (interethnic) conflicts.

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

3. Regulatory legal acts of the constituent entities of the Russian Federation may provide for other categories of citizens to whom social services are provided free of charge.

4. The procedure for determining the average per capita income for the provision of social services free of charge for the purposes of this Federal Law is established by the Government of the Russian Federation.

5. The size of the maximum value of the average per capita income for the provision of social services is established free of charge by the laws of the subject of the Russian Federation and cannot be lower than one and a half of the subsistence minimum established in the subject of the Russian Federation for the main socio-demographic groups of the population.

Judicial practice under article 31 of the Federal Law of December 28, 2013 No. 442-FZ

Resolution No. 44G-22/2019 4G-766/2019 dated September 9, 2019 in case No. 2-2007/2018

Kaliningrad Regional Court (Kaliningrad Region) - Civil

of the law, the procedure for the provision of social services in a constituent entity of the Russian Federation, cannot be higher than the amount of payment for the provision of relevant social services to these persons established as of December 31, 2014, and the conditions for their provision cannot be worsened in comparison with the conditions established as of December 31, 2014. December 2014. With reference to the foregoing, Deputy...

Decision No. 2-1864/2019 dated August 26, 2019 in case No. 2-1088/2018~M-836/2018

Seversky district court(Krasnodar Territory) - Civil and administrative

Its provision in accordance with this Federal Law cannot be higher than the amount of payment for the provision of relevant social services to these persons, established as of December 31, 2014, and the conditions for the provision of relevant social services cannot be worsened in comparison with the conditions established as of December 31, 2014. December 31, 2014. Asking to acknowledge...

Decision No. 2-2171/2019 2-2171/2019~M-2130/2019 M-2130/2019 dated August 22, 2019 in case No. 2-2171/2019

The form is provided with residential premises, as well as premises for the provision of the types of social services provided for in paragraphs 1 - 7 of Article 20 of this Federal Law (part 3). According to Art. 31 of the Federal Law “On the Fundamentals of Social Services”, social services in the form of social services at home, in semi-stationary and stationary forms of social services are provided free of charge: 1) to minor children; 2) persons, ...

Decision No. 2-2170/2019 2-2170/2019~M-2132/2019 M-2132/2019 dated August 22, 2019 in case No. 2-2170/2019

Chaikovsky City Court (Perm Territory) - Civil and administrative

KSUAE SON "Tchaikovsky DIPI". On May 30, 2005, an agreement was concluded with her on inpatient service elderly and disabled citizens. The term of the contract is December 31, 2005 with a subsequent extension. Upon the expiration of the term Kutyavina N.A. remained in service. No decision was made to terminate the contract by the parties. July 5, 2012...

Decision No. 2-143/2019 dated August 7, 2019 in case No. 2-143/2019

Kologrivsky district court (Kostroma region) - Civil and administrative

The account of the boarding house through the branch of the Pension Fund of the Russian Federation. Payment in the amount of 75% of other types of income (EDV, FSD and others) is not carried out. As of 31 . On March 3, 2019, the defendant had a debt in the amount of 62,211.66 rubles for the period from September 1, 2017 to March 31, 2019, which the defendant is to reimburse ...

Decision No. 2-2347/2019 dated August 6, 2019 in case No. 2-2347/2019

Factory District Court of Kemerovo (Kemerovo region) - Civil and administrative

Based on tariffs for social services, but may not exceed seventy-five percent of the average per capita income of a recipient of social services, calculated in accordance with Part 4 of Article 31 of this Federal Law. According to clause 1.1 of the Resolution of the Board of Administration Kemerovo region dated December 22, 2014 No. 514 “On approval of the amount of payment for the provision of social services and the procedure ...

... within the framework of interagency cooperation. Relations related to the execution of an agreement on the provision of social services are regulated in accordance with the legislation of the Russian Federation. The list of services provided free of charge, defined by Art. 31 of the Federal Law of December 28, 2013 N 442-FZ "On the basics of social services for citizens in the Russian Federation". According to the rules of Article 32 of the Federal Law of December 28, 2013 ...

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

Edition from 05/01/2019 - Valid from 05/12/2019

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RUSSIAN FEDERATION

THE FEDERAL LAW

ON THE BASIS OF SOCIAL SERVICE FOR CITIZENS IN THE RUSSIAN FEDERATION

Chapter 1. GENERAL PROVISIONS

Article 1. Subject of regulation of this Federal Law

1. Real the federal law installs:

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

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

3) rights and obligations of recipients of social services;

4) rights and obligations of social service providers.

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

Article 2. Legal regulation of social services for citizens

Legal regulation of social services for citizens is carried out on the basis of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.

Article 3. Basic concepts used in this Federal Law

For the purposes of this Federal Law, the following basic concepts are used:

1) social services for citizens (hereinafter - social services) - activities for the provision of social services to citizens;

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

3) recipient of social services - a citizen who is recognized as in need of social services and who is provided with a social service or social services;

4) provider of social services - a legal entity, regardless of its organizational and legal form and (or) an individual entrepreneur, providing social services;

5) social service standard - the basic requirements for the volume, frequency and quality of the provision of social services to the recipient of social services, established by types of social services;

6) prevention of circumstances that cause the need for social services - a system of measures aimed at identifying and eliminating the causes that served as the basis for the deterioration of the living conditions of citizens, reducing their ability to independently provide for their basic life needs.

Article 4. Principles of social service

1. Social services are based on the observance of human rights and respect for the dignity of the individual, are of a humane nature and do not allow the humiliation of the honor and dignity of a person.

2. Social services are also carried out on the following principles:

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

2) targeted provision of social services;

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

4) preservation of the citizen's stay in the usual favorable environment;

5) voluntariness;

6) confidentiality.

Article 5. The system of social services

The social service system includes:

1) the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of social services (hereinafter referred to as the authorized federal executive body);

2) a public authority of a constituent entity of the Russian Federation authorized to exercise the powers provided for by this Federal Law in the field of social services on the territory of a constituent entity of the Russian Federation (hereinafter - authorized body subject of the Russian Federation), including the recognition of citizens in need of social services, drawing up an individual program for the provision of social services (hereinafter referred to as the individual program); (as amended by Federal Law No. 324-FZ of November 14, 2017)

3) social service organizations under the jurisdiction of federal executive bodies;

4) social service organizations under the jurisdiction of a constituent entity of the Russian Federation (hereinafter referred to as social service organizations of a constituent entity of the Russian Federation);

5) non-state (commercial and non-commercial) social service organizations, including socially oriented non-commercial organizations providing social services;

6) individual entrepreneurs providing social services.

7) organizations that are under the jurisdiction of the authorized body of the constituent entity of the Russian Federation and which, in accordance with this Federal Law, have been granted the authority to recognize citizens in need of social services and draw up an individual program in the territories of one or more municipalities(hereinafter - authorized organizations). (as amended by Federal Law No. 324-FZ of November 14, 2017)

Article 6. Confidentiality of information about the recipient of social services

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

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

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

1) at the request of the bodies of inquiry and investigation, the court in connection with the conduct of an investigation or court proceedings, or at the request of the prosecution authorities in connection with the exercise of prosecutorial supervision by them;

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

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

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

Chapter 2 Article 7

1. The powers of federal government bodies in the field of social services include:

1) establishing the foundations of state policy and the foundations of legal regulation in the field of social services;

2) assertion guidelines on the calculation of per capita norms for financing social services;

3) approval of an approximate list of social services by types of social services;

4) approval of the procedure for posting and updating information about the social service provider, including the requirements for the content and form of providing this information, on the official website of the social service provider on the Internet;

5) management of federal property used in the field of social services;

6) maintaining a unified federal system statistical accounting and reporting in the field of social services;

7) federal state control (supervision) in the field of social services;

7.1) creation of conditions for the organization of the independent evaluation the quality of the conditions for the provision of services by social service organizations; (As amended by Federal Laws No. 256-FZ dated July 21, 2014, No. 91-FZ dated May 1, 2019)

8) international cooperation of the Russian Federation and the conclusion of international treaties of the Russian Federation in the field of social services;

9) other powers related to the field of social services and established by federal laws.

2. The powers of the authorized federal executive body include:

1) development and implementation of state policy in the field of social services, as well as the development of measures to improve social services;

2) coordination of activities in the field of social services carried out by federal executive authorities, executive authorities of the constituent entities of the Russian Federation, all-Russian public organizations and other organizations operating in the field of social services;

3) methodological support of social services, including in terms of the prevention of circumstances that cause the need for social services;

4) approval of the approximate nomenclature of social service organizations;

5) approval of guidelines for calculating the needs of the constituent entities of the Russian Federation in the development of a network of social service organizations;

6) approval of the rules for organizing the activities of social service organizations, their structural divisions, which include recommended staffing standards, a list necessary equipment to equip social service organizations, their structural divisions;

8) approval of an approximate procedure for the provision of social services;

9) approval of the procedure for monitoring social services in the constituent entities of the Russian Federation, as well as the forms of documents required for such monitoring;

11) approval of recommendations on the organization of interdepartmental interaction executive bodies state authorities of the constituent entities of the Russian Federation in the provision of social services, as well as with assistance in the provision of medical, psychological, pedagogical, legal, social assistance that is not related to social services (social support) (hereinafter also referred to as social support);

13) approval of the application form for the provision of social services, the approximate form of the contract for the provision of social services, as well as the form of the individual program; (as amended by Federal Law No. 324-FZ of November 14, 2017)

14) approval of the procedure for sending citizens to stationary social service organizations with special social services;

15) approval of an approximate regulation on the board of trustees of a social service organization;

16) approval of the procedure for the provision of social services, as well as the procedure for approving the list of social services by types of social services by social service organizations under the jurisdiction of the federal executive body;

17) other powers provided for by regulatory legal acts of the Russian Federation.

Article 8

The powers of state authorities of the constituent entities of the Russian Federation in the field of social services include:

1) legal regulation and organization of social services in the constituent entities of the Russian Federation within the powers established by this Federal Law;

2) determination of the authorized body of the subject of the Russian Federation, as well as, if necessary, the authorized organization; (as amended by Federal Law No. 324-FZ of November 14, 2017)

3) coordination of activities of social service providers, public organizations and other organizations operating in the field of social services in a constituent entity of the Russian Federation;

4) approval of the regulations for interdepartmental interaction of state authorities of a constituent entity of the Russian Federation in connection with the exercise of the powers of a constituent entity of the Russian Federation in the field of social services;

5) approval of the norms for the staffing of social service organizations of the constituent entity of the Russian Federation, the norms for the provision of soft equipment and living space in the provision of social services by these organizations;

6) approval of nutritional standards in social service organizations of a constituent entity of the Russian Federation;

7) formation and maintenance of the register of social service providers and the register of recipients of social services;

8) development, financial security and implementation of regional social service programs;

9) approval by the law of the constituent entity of the Russian Federation of the list of social services provided by social service providers, taking into account the approximate list of social services by types of social services, approved in accordance with Part 1 of Article 7 of this Federal Law;

10) approval of the procedure for the provision of social services by providers of social services;

11) establishing the procedure for approving tariffs for social services based on per capita norms for financing social services;

12) approval of the procedure for organizing the implementation of regional state control (supervision) in the field of social services, indicating the body of the constituent entity of the Russian Federation authorized to exercise such control;

13) setting the maximum value of the average per capita income for the provision of social services free of charge;

14) approval of the amount of payment for the provision of social services and the procedure for its collection;

15) providing free access to information about providers of social services, social services they provide, types of social services, terms, procedure and conditions for their provision, tariffs for these services, including through the media, including posting information on official websites on the Internet;

16) setting measures social support and incentives for employees of social service organizations of the constituent entity of the Russian Federation;

17) organization of vocational training, vocational education and additional professional education for employees of social service providers;

18) keeping records and reporting in the field of social services in the subject of the Russian Federation;

19) establishing the procedure for implementing programs in the field of social services, including investment programs;

20) organization of support for socially oriented not commercial organizations, philanthropists and volunteers (volunteers) carrying out activities in the field of social services in the constituent entities of the Russian Federation in accordance with federal laws and the laws of the constituent entities of the Russian Federation; (as amended by Federal Law No. 15-FZ of February 5, 2018)

21) development and implementation of measures for the formation and development of the social services market, including the development of government organizations social services;

22) development and testing of methods and technologies in the field of social services;

23) approval of the procedure for interdepartmental interaction of state authorities of the constituent entities of the Russian Federation in the provision of social services and social support;

24) approval of the nomenclature of social service organizations in the subject of the Russian Federation;

24.1) creation of conditions for organizing an independent assessment of the quality of the conditions for the provision of services by social service organizations; (As amended by Federal Laws No. 256-FZ dated July 21, 2014, No. 91-FZ dated May 1, 2019)

25) other powers provided for by this Federal Law and other federal laws.

Chapter 3. RIGHTS AND OBLIGATIONS OF RECIPIENTS OF SOCIAL SERVICES

Article 9. Rights of recipients of social services

Recipients of social services have the right to:

1) respectful and humane attitude;

2) receiving free of charge in an accessible form information about their rights and obligations, types of social services, terms, procedure and conditions for their provision, tariffs for these services and their cost for the recipient of social services, about the possibility of receiving these services free of charge, as well as about social service providers;

3) choice of provider or providers of social services;

4) refusal to provide social services;

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

6) participation in the preparation of individual programs;

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

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

9) social support in accordance with this Federal Law.

Article 10. Obligations of recipients of social services

Recipients of social services are required to:

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

2) inform social service providers in a timely manner about changes in the circumstances that necessitate the provision of social services;

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

Chapter 4 Article 11. Rights of social service providers

1. Social service providers have the right to:

1) to request the relevant public authorities, as well as the authorities local government and receive from these bodies the information necessary for the organization of social services;

3) be included in the register of providers of social services of a constituent entity of the Russian Federation;

4) receive within two working days information about their inclusion in the list of recommended providers of social services.

2. Providers of social services have the right to provide citizens at their request, expressed in writing or electronic form, additional social services for a fee.

Article 12. Obligations of providers of social services

1. Social service providers are obliged to:

1) carry out its activities in accordance with this Federal Law, other federal laws, laws and other regulatory legal acts of the subject of the Russian Federation;

2) provide social services to recipients of social services in accordance with individual programs and the terms of contracts concluded with recipients of social services or their legal representatives, based on the requirements of this Federal Law;

3) provide urgent social services in accordance with this Federal Law;

4) provide free of charge in an accessible form to recipients of social services or their legal representatives information about their rights and obligations, about the types of social services, the terms, procedure and conditions for their provision, about the tariffs for these services and about their cost for the recipient of social services or about the opportunity to receive them for free;

5) use information about recipients of social services in accordance with the requirements for the protection of personal data established by the legislation of the Russian Federation on personal data;

6) provide information to the authorized body of the subject of the Russian Federation for the formation of a register of recipients of social services;

7) carry out social support in accordance with this Federal Law;

8) provide recipients of social services with assistance in passing medical and social expertise held in established by law Russian Federation in the order of federal institutions of medical and social expertise;

9) provide recipients of social services with the opportunity to use communication services, including the Internet and postal services, when receiving services in social service organizations;

10) allocate to spouses living in a social service organization an isolated living space for cohabitation;

11) provide recipients of social services with the opportunity to freely visit their legal representatives, lawyers, notaries, representatives of public and (or) other organizations, clergy, as well as relatives and other persons during the day and evening;

12) ensure the safety of personal belongings and valuables of recipients of social services;

13) perform other duties related to the implementation of the rights of recipients of social services to social services.

2. Providers of social services when providing social services are not entitled to:

1) restrict the rights, freedoms and legitimate interests of recipients of social services, including when using medicines for medical use;

2) use physical or psychological violence against recipients of social services, allow them to be insulted, rough treatment of them;

3) to place children with disabilities who do not suffer from mental disorders in stationary social service organizations intended for children with disabilities who suffer from mental disorders, and vice versa.

Article 13. Information openness of social service providers

1. Social service providers form public informational resources, containing information about the activities of these providers, and provide access to these resources by posting them on information stands on the premises of social service providers, in the media, on the Internet, including on the official website of the social service organization.

2. Social service providers ensure the openness and availability of information:

1) about the date state registration, about the founder (founders), about the location, branches (if any), mode, work schedule, contact numbers and addresses Email;

2) on the structure and management bodies of the social service organization;

3) on the form of social services, types of social services, the procedure and conditions for their provision, on tariffs for social services;

4) on the number of recipients of social services by forms of social services and types of social services at the expense of budget allocations from the budgets of the constituent entities of the Russian Federation and in accordance with agreements at the expense of individuals and (or) legal entities;

5) on the head, his deputies, heads of branches (if any), on the personal composition of employees (indicating, with their consent, the level of education, qualifications and work experience);

6) on the material and technical support for the provision of social services (the availability of equipped premises for the provision of social services, including libraries, sports facilities, the availability of training and education facilities, nutritional conditions and ensuring the health of recipients of social services, access to information systems in the field of social services and the Internet);

7) on the number of vacant places for receiving recipients of social services in the forms of social services financed from the budgetary allocations of the budgets of the constituent entities of the Russian Federation, as well as paid in accordance with agreements at the expense of individuals and (or) legal entities;

8) on the volume of social services provided at the expense of budget allocations from the budgets of the constituent entities of the Russian Federation and in accordance with agreements at the expense of individuals and (or) legal entities;

9) on the availability of licenses to carry out activities subject to licensing in accordance with the legislation of the Russian Federation;

10) on financial and economic activities;

11) on internal regulations for recipients of social services, internal labor regulations, collective agreement;

12) on the presence of instructions of the bodies exercising state control in the field of social services, and reports on the implementation of these instructions;

12.1) on conducting an independent assessment of the quality of the conditions for the provision of services by social service organizations, which is determined by the authorized federal executive body; (As amended by Federal Laws No. 256-FZ dated July 21, 2014, No. 91-FZ dated May 1, 2019)

13) about other information that is posted, published by decision of the provider of social services and (or) placement, the publication of which is mandatory in accordance with the legislation of the Russian Federation.

3. The information and documents referred to in paragraph 2 of this article shall be posted on the official website of the social service provider on the Internet and updated within ten working days from the date of their creation, receipt or introduction of appropriate changes to them. The procedure for posting on the official website of a social service provider on the Internet and updating information about this provider (including the content of the specified information and the form of its provision) is approved by the authorized federal executive body.

4. Part expired. (as amended by Federal Law No. 392-FZ of December 5, 2017)

Chapter 5. PROVISION OF SOCIAL SERVICES

Article 14. Application for the provision of social services

The basis for considering the issue of providing social services is a written or electronic application submitted by a citizen or his legal representative for the provision of social services or an appeal in his interests by other citizens, an appeal government agencies, local governments, public associations directly to the authorized body of a constituent entity of the Russian Federation or an authorized organization or an application or appeal submitted within the framework of interdepartmental interaction. (as amended by Federal Law No. 324-FZ of November 14, 2017)

Article 15. Recognition of a citizen in need of social services

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

1) complete or partial loss of the ability or ability to carry out self-care, move independently, provide for 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 in need of constant outside care;

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

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

5) the presence of an 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) the absence of a fixed place of residence, including for a person who has not reached the age of twenty-three and who has completed his stay in an organization for orphans and children left without parental care;

7) lack of work and livelihood;

8) the presence of other circumstances that are recognized by the regulatory legal acts of the constituent entity of the Russian Federation 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 shall make a decision on recognizing a citizen as in need of social services or on refusing social services within five working days from the date of submission of the application. O decision the applicant is informed in writing or electronically. The decision to provide urgent social services is made immediately. (as amended by Federal Law No. 324-FZ of November 14, 2017)

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

Article 16. Individual program

1. An individual program is a document that indicates the form of social services, types, volume, frequency, conditions, terms for the provision of social services, a list of recommended social service providers, as well as social support activities carried out in accordance with this Federal Law.

2. An individual program is drawn up based on the citizen's need for social services, and is reviewed depending on the change in this need, but at least once every three years. The revision of the individual program is carried out taking into account the results of the implemented individual program.

3. An individual program for a citizen or his legal representative is advisory in nature, for a social service provider it is mandatory.

4. An individual program is drawn up in two copies. A copy of the individual program, signed by the authorized body of the constituent entity of the Russian Federation or an authorized organization, is transferred to the citizen or his legal representative within a period of not more than ten working days from the date of filing the citizen's application for the provision of social services. The second copy of the individual program remains in the authorized body of the subject of the Russian Federation or in the authorized organization. (as amended by Federal Law No. 324-FZ of November 14, 2017)

5. In the event of a change in the place of residence of the recipient of social services, the individual program drawn up at the previous place of residence remains valid in the scope of the list of social services established in the constituent entity of the Russian Federation at the new place of residence, until the individual program is drawn up at the new place of residence on time and within in the manner prescribed by this article.

Article 17. Agreement on the provision of social services

1. Social services are provided to a citizen on the basis of an agreement on the provision of social services concluded between the provider of social services and the citizen or his legal representative, within 24 hours from the date of submission of the individual program to the provider of social services.

2. Essential conditions contracts for the provision of social services are the provisions determined by the individual program, as well as the cost of social services if they are provided for a fee or partial payment.

3. Relations related to the execution of an agreement on the provision of social services are regulated in accordance with the legislation of the Russian Federation.

Article 18. Refusal of social service, social service

1. A citizen or his legal representative has the right to refuse social services, social services. The refusal is made in writing and entered into the individual program.

2. The refusal of the recipient of social services or his legal representative from social services, social services releases the authorized body of the subject of the Russian Federation and providers of social services from responsibility for the provision of social services, social services.

3. A citizen or recipient of social services may be denied, including temporarily, the provision of social services in a stationary form due to the presence of medical contraindications, the list of which is approved by the federal executive body responsible for the development and implementation of state policy and regulatory health regulation. Such a refusal is possible only if there is an appropriate conclusion of the authorized medical organization.

Chapter 6. FORMS OF SOCIAL SERVICES, TYPES OF SOCIAL SERVICES

Article 19. Forms of social service

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

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

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

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

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

2) the opportunity for independent movement around the territory of a social service organization, entry, exit and movement within such an organization (including for movement in wheelchairs), for rest in a sitting position, as well as accessible placement of equipment and information carriers;

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

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

5) provision of other types of outside assistance.

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

6. The issues of admission to stationary social service organizations and discharge from such organizations of persons suffering from mental disorders are regulated by the legislation of the Russian Federation on psychiatric care.

Article 20. Types of social services

Recipients of social services, taking into account their individual needs, are provided with the following types social services:

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

2) socio-medical, aimed at maintaining and preserving the health of recipients of social services by organizing care, assisting in the implementation of recreational activities, systematic monitoring of recipients of social services to identify deviations in their health;

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

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

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

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

7) services to increase the communication potential of recipients of social services with disabilities, including children with disabilities;

8) urgent social services.

Article 21. Urgent social services

1. Urgent social services include:

1) providing free hot meals or food packages;

2) provision of clothing, footwear and other essentials;

3) assistance in obtaining temporary accommodation;

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

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

6) other urgent social services.

Article 22

1. If necessary, citizens, including parents, guardians, custodians, other legal representatives of minor children, are assisted in the provision of medical, psychological, pedagogical, legal, social assistance that is not related to social services (social support).

2. Social support is carried out by attracting organizations providing such assistance on the basis of interagency cooperation in accordance with this Federal Law. Activities for social support are reflected in the individual program.

Chapter 7. ORGANIZATION OF THE PROVISION OF SOCIAL SERVICES

Article 23. Social service organizations

1. Social service organizations are organizations providing social services at home, semi-stationary social services, stationary social services.

2. Social service organizations in the subjects of the Russian Federation are created and operate taking into account the methodological recommendations for calculating the needs of the subjects of the Russian Federation in the development of a network of social service organizations and in accordance with the rules for organizing the activities of social service organizations, their structural divisions.

3. Boards of trustees are established in state social service organizations.

4. The structure, procedure for formation, term of office, competence of the board of trustees and the procedure for making decisions by it are determined by the charter of the social service organization in accordance with the legislation of the Russian Federation on the basis of the approximate regulation on the board of trustees of the social service organization.

Article 23.1. Independent assessment of the quality of the conditions for the provision of services by social service organizations (as amended by Federal Laws No. 256-FZ of 21.07.2014, No. 392-FZ of 05.12.2017)

1. An independent assessment of the quality of the conditions for the provision of services by social service organizations is one of the forms of public control and is carried out in order to provide recipients of social services with information on the quality of the conditions for the provision of services by social service organizations, as well as to improve the quality of their activities. (as amended by Federal Law No. 392-FZ of December 5, 2017)

2. An independent assessment of the quality of the conditions for the provision of services by social service organizations provides for an assessment of the conditions for the provision of services according to such general criteria as openness and accessibility of information about the organization of social services; comfortable conditions for the provision of social services, including the waiting time for the provision of services; benevolence, politeness of employees of the social service organization; satisfaction with the quality of conditions for the provision of services, as well as the availability of services for people with disabilities. (as amended by Federal Law No. 392-FZ of December 5, 2017)

3. An independent assessment of the quality of the conditions for the provision of services by social service organizations is carried out in accordance with the provisions of this article. When conducting an independent assessment of the quality of the conditions for the provision of services by social service organizations, publicly available information about social service organizations is used, which is also placed in the form of open data. (as amended by Federal Law No. 392-FZ of December 5, 2017)

4. Part expired. (as amended by Federal Law No. 392-FZ of December 5, 2017)

5. In order to create conditions for organizing an independent assessment of the quality of the conditions for the provision of services by social service organizations: (as amended by Federal Law No. 392-FZ of December 5, 2017)

1) The Civic Chamber of the Russian Federation, at the request of the authorized federal executive body, no later than one month from the date of receipt of the said request, forms from among the representatives of all-Russian public organizations established to protect the rights and interests of citizens, all-Russian public associations of the disabled, all-Russian public organizations of veterans public council for conducting an independent assessment of the quality of the conditions for the provision of services by social service organizations founded by the Russian Federation, as well as non-governmental social service organizations that provide social services at the expense of funds federal budget, and approves its composition. The Civic Chamber of the Russian Federation informs the authorized federal executive body of the composition of the public council established under this body to conduct an independent assessment of the quality of the conditions for the provision of services by social service organizations. The list of social service organizations in respect of which an independent assessment of the quality of the conditions for the provision of services by them is not carried out is approved by the authorized federal executive body with a preliminary discussion at the public council for conducting an independent assessment of the quality of the conditions for the provision of services by social service organizations; (as amended by Federal Law No. 392-FZ of December 5, 2017)

2) the public chambers of the constituent entities of the Russian Federation, at the request of the authorized executive bodies of the constituent entities of the Russian Federation, no later than within a month from the date of receipt of the said request, are formed from among the representatives of public organizations established to protect the rights and interests of citizens, public associations of the disabled, public organizations of veterans public councils for conducting an independent assessment of the quality of the conditions for the provision of services by social service organizations located in the territories of the constituent entities of the Russian Federation and whose founders are the constituent entities of the Russian Federation, as well as non-governmental social service organizations that provide social services at the expense of budgetary appropriations from the budgets of the constituent entities of the Russian Federation, and approve their composition. Public chambers of the constituent entities of the Russian Federation inform the state authorities of the constituent entities of the Russian Federation about the composition of the public councils created under these bodies to conduct an independent assessment of the quality of the conditions for the provision of services by social service organizations. (as amended by Federal Law No. 392-FZ of December 5, 2017)

5(1). The composition of the public council for an independent assessment of the quality of the conditions for the provision of services by social service organizations (hereinafter referred to as the public council for an independent assessment

quality) is approved for a period of three years. When forming a public council for independent quality assessment at new term at least a third of its composition is changed. The public council for independent quality assessment cannot include representatives of state authorities, public associations operating in the field of social services, as well as heads (their deputies) and employees of social service organizations. At the same time, the public council for independent quality assessment involves in its work representatives of public associations operating in the field of social services, the public chamber to discuss and form the results of such an assessment. The number of members of the public council for independent quality assessment cannot be less than five people. Members of the public council for independent quality assessment carry out their activities on a voluntary basis. Information about the activities of the relevant public council for independent quality assessment shall be posted on the Internet on the official website of the appropriately authorized federal executive body, executive body of a constituent entity of the Russian Federation. (as amended by Federal Law No. 392-FZ of December 5, 2017)

5(2). The regulation on the public council for independent quality assessment is approved by the state authority under which the specified public council was created. (as amended by Federal Law No. 392-FZ of December 5, 2017)

6. Indicators characterizing general criteria assessment of the quality of the conditions for the provision of services by social service organizations in respect of which an independent assessment of the quality of the conditions for the provision of services by them is carried out, are established by the authorized federal executive body with a preliminary discussion at the public council for an independent assessment of quality. (as amended by Federal Law No. 392-FZ of December 5, 2017)

7.- 8. Parts have expired. (as amended by Federal Law No. 392-FZ of December 5, 2017)

9. An independent assessment of the quality of the conditions for the provision of services by social service organizations is carried out by public councils for independent quality assessment no more than once a year and no less than once every three years in relation to the same organization. (as amended by Federal Law No. 392-FZ of December 5, 2017)

10. Public councils for independent quality assessment: (as amended by Federal Law No. 392-FZ of December 5, 2017)

1) determine the lists of social service organizations in respect of which an independent assessment is carried out;

2) take part in the consideration of draft documentation on the procurement of works, services, as well as draft government contracts concluded by the authorized federal executive body, authorized bodies of the constituent entities of the Russian Federation with an organization that collects and summarizes information on the quality of the conditions for the provision of services by social service organizations ( hereinafter - the operator); (as amended by Federal Law No. 392-FZ of December 5, 2017)

3) the clause has become invalid. (as amended by Federal Law No. 392-FZ of December 5, 2017)

4) carry out an independent assessment of the quality of the conditions for the provision of services by social service organizations, taking into account the information provided by the operator; (as amended by Federal Law No. 392-FZ of December 5, 2017)

5) submit, respectively, to the authorized federal executive body, the authorized bodies of the constituent entities of the Russian Federation, the results of an independent assessment of the quality of the conditions for the provision of services by social service organizations, as well as proposals for improving the quality of their activities. (as amended by Federal Law No. 392-FZ of December 5, 2017)

11. The conclusion of state contracts for the performance of work, the provision of services for the collection and compilation of information on the quality of the conditions for the provision of services by social service organizations is carried out in accordance with the legislation of the Russian Federation on contract system in the field of procurement of goods, works, services to meet state and municipal needs. The authorized federal executive body, the authorized state authorities of the constituent entities of the Russian Federation, based on the results of the conclusion of state contracts, draw up a decision to determine the operator responsible for collecting and summarizing information on the quality of the conditions for the provision of services by social service organizations, and also, if necessary, provide the operator with publicly available information on the activities of data organizations, formed in accordance with state and departmental statistical reporting (in case it is not posted on the official website of the organization). (as amended by Federal Law No. 392-FZ of December 5, 2017)

12. Information on the results of an independent assessment of the quality of the conditions for the provision of services by social service organizations received by the authorized federal executive body, authorized bodies of the constituent entities of the Russian Federation, respectively, is subject to mandatory consideration by the said bodies within a month and is taken into account by them when developing measures to improve the activities of social service organizations and assess activities of their leaders. (as amended by Federal Law No. 392-FZ of December 5, 2017)

13. Information on the results of an independent assessment of the quality of the conditions for the provision of services by social service organizations is posted accordingly: (as amended by Federal Law No. 392-FZ of December 5, 2017)

1) by the authorized federal executive body on the official website for posting information about state and municipal institutions on the Internet;

2) authorized bodies of the constituent entities of the Russian Federation on their official websites and the official website for posting information about state and municipal institutions on the Internet. (as amended by Federal Law No. 392-FZ of December 5, 2017)

14. The composition of information on the results of an independent assessment of the quality of the conditions for the provision of services by social service organizations, including uniform requirements for such information, and the procedure for its placement on the official website for posting information about state and municipal institutions on the Internet are determined by the federal body authorized by the Government of the Russian Federation executive power. (as amended by Federal Law No. 392-FZ of December 5, 2017)

15. The authorized federal executive body, the authorized bodies of the constituent entities of the Russian Federation and social service organizations provide on their official websites on the Internet the technical possibility for the recipients of services and other citizens to express opinions on the quality of the conditions for the provision of these services. (as amended by Federal Law No. 392-FZ of December 5, 2017)

16. Control over compliance with the procedures for conducting an independent assessment of the quality of the conditions for the provision of services by social service organizations is carried out in accordance with the legislation of the Russian Federation. (as amended by Federal Law No. 392-FZ of December 5, 2017)

17. The heads of state social service organizations are responsible for not taking measures to eliminate the shortcomings identified in the course of an independent assessment of the quality of the conditions for the provision of services by social service organizations, in accordance with labor law. AT employment contracts with the heads of social service organizations, the performance indicators of managers include the results of an independent assessment of the quality of the conditions for the provision of services by social service organizations and the implementation of a plan to eliminate the shortcomings identified during such an assessment. (as amended by Federal Law No. 392-FZ of December 5, 2017)

18. The results of an independent assessment of the quality of the conditions for the provision of services by social service organizations are taken into account when assessing the effectiveness of the activities of the head of the authorized federal executive body, senior officials (heads of the highest executive bodies of state power) of the constituent entities of the Russian Federation and heads of executive authorities of the constituent entities of the Russian Federation. (as amended by Federal Law No. 392-FZ of December 5, 2017)

Article 24. Information systems in the field of social services

1. Information systems in the field of social services (hereinafter - Information Systems) collection, storage, processing and provision of information about social service providers (register of social service providers) and recipients of social services (register of social service recipients) on the basis of data provided by social service providers.

2. Operators of information systems are the authorized body of the constituent entity of the Russian Federation and organizations with which the said body has entered into agreements on the operation of information systems.

3. The information contained in information systems is used for the purpose of monitoring social services, exercising state control (supervision) in the field of social services in accordance with this Federal Law and for other purposes determined by the legislation of the Russian Federation.

Article 25. Register of providers of social services

1. The register of providers of social services is formed in the subject of the Russian Federation.

2. The inclusion of social service organizations in the register of social service providers is carried out on a voluntary basis.

3. The register of social service providers contains the following information:

2) full and (if available) abbreviated name of the social service provider;

3) the date of state registration of a legal entity, an individual entrepreneur, who are providers of social services;

4) organizational and legal form of the provider of social services (for legal entities);

5) address (location, place of provision of social services), contact phone number, e-mail address of the provider of social services;

6) last name, first name, patronymic of the head of the social service provider;

7) information on licenses held by the social service provider (if necessary);

8) information about the forms of social services;

9) a list of provided social services by forms of social services and types of social services;

10) tariffs for provided social services by forms of social services and types of social services;

11) information on the total number of places intended for the provision of social services, on the availability of vacant places, including the forms of social services;

12) information on the conditions for the provision of social services;

13) information on the results of the inspections carried out;

14) information about the work experience of the social service provider for the last five years;

15) other information determined by the Government of the Russian Federation.

4. The register of providers of social services in the subject of the Russian Federation is posted on the official website of the authorized body of the subject of the Russian Federation on the Internet in accordance with the requirements of the legislation of the Russian Federation.

5. From the moment of its inclusion in the register of social service providers, the provider of social services is responsible for the accuracy and relevance of the information contained in this register.

6. Information about providers of social services is placed in the Unified State Information System social security. The placement and receipt of this information in the Unified State Social Security Information System is carried out in accordance with the Federal Law of July 17, 1999 N 178-FZ (as amended by Federal Law No. 56-FZ of March 7, 2018)

Article 26. Register of recipients of social services

1. The register of recipients of social services is formed in the constituent entity of the Russian Federation on the basis of data provided by social service providers.

2. The register of recipients of social services contains the following information about the recipient of social services:

1) registration number account;

2) last name, first name, patronymic;

3) date of birth;

4) gender;

5) address (place of residence), contact phone number;

6) insurance number of an individual personal account;

7) series, passport number or details of another identity document, the date of issue of these documents and the name of the authority that issued them;

8) the date of applying for the provision of social services;

9) date of registration and number of the individual program;

10) the name of the provider or the names of social service providers implementing the individual program;

11) a list of social services provided and being provided to the recipient of social services in accordance with the concluded agreement on the provision of social services, indicating the tariffs, the cost of social services for the recipient of social services, sources of funding, the frequency and results of their provision;

12) other information determined by the Government of the Russian Federation.

3. Information about recipients of social services, as well as about social services provided to them in accordance with this Federal Law, is posted in the Unified State Social Security Information System. The placement and receipt of this information in the Unified State Social Security Information System is carried out in accordance with the Federal Law of July 17, 1999 N 178-FZ "On State Social Assistance". (as amended by Federal Law No. 56-FZ of March 7, 2018)

Article 27. Requirements for the procedure for the provision of social services

1. The procedure for the provision of social services is mandatory for the providers of social services.

2. The procedure for the provision of social services is established by the forms of social services, types of social services and includes:

1) the name of the social service;

2) social service standard;

3) the rules for the provision of social services free of charge or for a fee or a partial fee;

4) requirements for the activities of the social service provider in the field of social services;

5) a list of documents required for the provision of a social service, indicating the documents and information that the recipient of the social service must submit, and documents that are subject to submission as part of interdepartmental information interaction or are submitted by the recipient of the social service on their own initiative;

6) other provisions depending on the form of social service, types of social services.

3. The social service standard includes:

1) description of the social service, including its scope;

2) terms for the provision of social services;

3) per capita standard for financing social services;

4) quality indicators and evaluation of the results of the provision of social services;

5) conditions for the provision of social services, including the conditions for the availability of the provision of social services for disabled people and other persons, taking into account the limitations of their life activity;

6) other provisions necessary for the provision of the social service.

Article 28

1. Interdepartmental interaction in the organization of social services in a constituent entity of the Russian Federation and social support is carried out on the basis of the regulations for interdepartmental interaction that determine the content and procedure for the actions of public authorities of a constituent entity of the Russian Federation in connection with the exercise of the powers of a constituent entity of the Russian Federation established by this Federal Law.

2. The regulation of interdepartmental interaction defines:

1) a list of public authorities of a constituent entity of the Russian Federation that carry out interdepartmental interaction;

2) types of activities carried out by public authorities of a constituent entity of the Russian Federation;

3) the procedure and forms of interdepartmental interaction;

4) requirements for the content, forms and conditions for the exchange of information, including in electronic form;

5) a mechanism for the implementation of measures for social support, including the procedure for involving organizations in its implementation;

6) the procedure for exercising state control (supervision) and evaluating the results of interdepartmental interaction.

Article 29

1. Prevention of circumstances that determine the need of a citizen in social services is carried out by:

1) examination of the living conditions of a citizen, determination of the causes affecting the deterioration of these conditions;

2) state data analysis statistical reporting conducting, if necessary, selective sociological surveys.

2. Measures to prevent circumstances that cause a citizen's need for social services are carried out, among other things, within the framework of regional social service programs approved by the state authorities of the constituent entities of the Russian Federation.

Chapter 8. FINANCING OF SOCIAL SERVICES AND CONDITIONS OF PAYMENT FOR SOCIAL SERVICES

Article 30. Financial provision of social services

1. The sources of financial support for social services are:

1) budget funds budget system Russian Federation;

2) charitable contributions and donations;

3) funds of recipients of social services when providing social services for a fee or partial payment;

4) income from entrepreneurial and other income-generating activities carried out by social service organizations, as well as other sources not prohibited by law.

2. Financial support for the activities of social service organizations that are under the jurisdiction of federal executive bodies is carried out in accordance with the budgetary legislation of the Russian Federation at the expense of the federal budget, as well as at the expense of recipients of social services when providing social services for a fee or partial payment.

3. Financial support for the activities of social service organizations of a constituent entity of the Russian Federation is carried out in accordance with the budgetary legislation of the Russian Federation at the expense of the budget of a constituent entity of the Russian Federation, as well as at the expense of recipients of social services when providing social services for a fee or partial payment.

4. Financial support for the provision of social services by non-governmental organizations, individual entrepreneurs engaged in social services, and providing social services by socially oriented non-profit organizations is carried out by providing subsidies from the relevant budget of the budget system of the Russian Federation in accordance with the budget legislation of the Russian Federation, through the procurement of social services in accordance with the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs, as well as at the expense of recipients of social services when providing social services for a fee or partial payment.

5. The authorized federal executive body, the authorized body of the subject of the Russian Federation shall have the right to attract other sources of financing social services, including for the implementation of joint projects in this area.

6. The procedure for spending funds generated as a result of charging fees for the provision of social services is established:

1) by the federal executive body - for social service organizations under the jurisdiction of federal executive bodies;

2) by the authorized body of the constituent entity of the Russian Federation - for social service organizations of the constituent entity of the Russian Federation.

7. The procedure for spending funds generated as a result of charging fees for the provision of social services should provide for the possibility of using these funds for current activities, the development of a social service organization, and incentives for its employees.

8. If a citizen receives social services provided for by an individual program from a provider or providers of social services that are included in the register of providers of social services of a constituent entity of the Russian Federation, but do not participate in the fulfillment of a state assignment (order), the provider or providers of social services are paid compensation in the amount of and in the manner determined by the regulatory legal acts of the subject of the Russian Federation.

Article 31. Provision of social services free of charge

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

1) minor children;

2) persons who have suffered as a result of emergency situations, armed interethnic (interethnic) conflicts.

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

3. Regulatory legal acts of the constituent entities of the Russian Federation may provide for other categories of citizens to whom social services are provided free of charge.

Article 32. Determining the amount of payment for the provision of social services

1. Social services in the form of social services at home and in the semi-stationary form of social services are provided for a fee or a partial fee, if, as of the date of application, the average per capita income of recipients of social services, calculated in accordance with Article 31 of this Federal Law, exceeds the limit value of the average per capita income established part 5

4. The amount of the monthly payment for the provision of social services in the stationary form of social services is calculated on the basis of tariffs for social services, but cannot exceed seventy-five percent of the average per capita income of the recipient of social services, calculated in accordance with this Federal Law.

Chapter 9. CONTROL IN THE SPHERE OF SOCIAL SERVICES

Article 33. State control (supervision) in the field of social services

1. The provisions of the Federal Law of December 26, 2008 N 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the implementation of state control (supervision) and municipal control".

2. Regional state control in the field of social services is carried out by the authorized body of the constituent entity of the Russian Federation in the manner established by the state authority of the constituent entity of the Russian Federation.

Article 34. Public control in the field of social services

Public control in the field of social services is carried out by citizens, public and other organizations in accordance with the legislation of the Russian Federation on the protection of consumer rights. State authorities of the constituent entities of the Russian Federation, within the established competence, assist citizens, public and other organizations in exercising public control in the field of social services.

Chapter 10. FINAL AND TRANSITIONAL PROVISIONS

Article 35. Transitional provisions

1. The list of social services provided by providers of social services in a constituent entity of the Russian Federation, approved by the state authority of the constituent entity of the Russian Federation in connection with the adoption of this Federal Law, cannot be reduced in comparison with the list of social services established in the constituent entity of the Russian Federation as of December 31, 2014. services provided by social service organizations in a constituent entity of the Russian Federation.

2. Within the framework of ongoing legal relations, for recipients of social services whose right to receive social services has arisen in accordance with the procedure for the provision of social services in a constituent entity of the Russian Federation that was in force before the date of entry into force of this Federal Law, the newly established amounts of payment for the provision of social services by social service providers services in a constituent entity of the Russian Federation and the conditions for its provision in accordance with this Federal Law cannot be higher than the amount of payment for the provision of relevant social services to these persons established as of December 31, 2014, and the conditions for the provision of relevant social services cannot be worse than with terms and conditions as of December 31, 2014.

Article 37. Entry into force of this Federal Law

The president
Russian Federation
V. PUTIN

Moscow Kremlin

One of the main responsibilities of the state as an institution social protection is "provision for old age, in case of illness, disability, loss of a breadwinner, for the upbringing of children and in other cases established by law" (Article 39 of the Constitution of the Russian Federation).

The essence of Federal Law 442

Federal Law N 442-FZ "On the Fundamentals of Social Services for Citizens in the Russian Federation" was adopted by the State Duma and approved by the Federation Council in December 2013. The subject of regulation of this law are legal, economic and organizational aspects in the field of public services: powers public services, rights and obligations of recipients and service providers, and so on.

Structurally 442 the law on social services is represented by ten chapters containing 37 articles. Consider it summary, noting the main provisions:

General provisions: subject of regulation, legal regulation of public services, basic concepts, principles, social service system, confidentiality of information about the recipient of services;
Powers of state bodies: the powers of federal bodies and state authorities of the constituent entities of the Russian Federation in the field of social services;
Service recipients: rights and obligations;
Service providers: rights, obligations and information openness;
The procedure for providing social services: application for the provision of services, recognition of a person in need of service, individual program, contract for the provision of services, refusal of service;
Social service: forms, types, urgent services, social support (assistance in the provision of medical, psychological, pedagogical, legal and other assistance not related to social services);
Provision of social services: organization of social services, independent quality assessment, specialized information systems, register of providers and register of recipients, requirements for the procedure for providing services, interdepartmental interaction;
Financing: financial provision of social services, provision of services free of charge, determination of the amount of the fee;
Control (supervision): state, public;
Final and transitional provisions.

Signed back in December 2013, the law on social services came into force only on January 1, 2015. Federal Law 446 replaced those that lost their force on the same day legal acts: dated August 2, 1995 N 122-FZ “On social services for the elderly and disabled” and dated December 10, 1995 N 195-FZ “On the basics of social services for the population in the Russian Federation”. The only change that has entered into force at the moment, the law has undergone in July 2017, at that time not yet entered into force.

Federal Law No. 442-FZ of December 28, 2013 (as amended on July 21, 2014) “On the Fundamentals of Social Services for Citizens in the Russian Federation” caused a certain stir in specialized circles even at the stage of discussion. The law included some aspects that were mentioned and prescribed in Russia for the first time. First of all, we are talking about the involvement of non-governmental commercial organizations and individual entrepreneurs in this activity. The prerequisites for such a cardinal decision were, in many respects, large queues of citizens wishing to become a recipient of services, which testified to the insolvency of the system of social services that existed at that time and, accordingly, the laws in force in this area.

Consider the main innovations that followed the adoption of this law:

Involvement of commercial and non-profit organizations in the field of social services, provided state support(reducing the tax rate, subsidizing);
Expansion of the circle of citizens who can be provided with such assistance. The number of persons who are entitled to free service includes: the disabled, the elderly, minors and citizens, cash income which did not exceed the established threshold;
The grounds for recognizing a person in need of assistance were clearly spelled out. For comparison, in the law of 1995, the wording “difficult life situation” was prescribed as a basis, which inevitably entailed differences in interpretation;
The system of support for orphans has changed, the authority for guardianship over which has been transferred to the jurisdiction of the social protection authorities;
It was envisaged to create unified register providers and register of recipients in the field of social services.

Rights and obligations of recipients of social services under the law

According to the provisions of the ninth article 442 of the law, beneficiaries of social services have the right on the:

Respect and humane attitude;
Free access to information regarding their rights and obligations, types of services, terms, procedures and conditions for their provision, tariffs for these services, the possibility of obtaining them free of charge and other required information;
Selecting a supplier or suppliers;
Refusal to provide services;
Protection of own rights and interests in accordance with the legislation of Russia;
Participation in the development of an individual program;
Providing conditions during the period of stay in social service organizations that meet sanitary and hygienic requirements, as well as for the necessary care;
Free visits by legal representatives, relatives, lawyers (lawyer, notary), representatives of public and (or) other organizations, clergy and other persons during the day and evening;
Social support (detailed in Article 22 of the law).

According to the tenth article of this law, among obligations of recipients of social services includes:

Presentation of the information and documents required for the provision of services (the list may differ depending on the subject of the Russian Federation);
Timely informing the provider about changes in the circumstances that initially caused the provision of services;
Compliance with the terms of the contract for the provision of services, in particular the timely and full payment of the cost, if any.

What changes have been made?

After signing the bill, a year was provided for the preparation of the material and technical base and the implementation of all provisions of the law. During this period, the law was amended in July 2014. They mainly concerned the issue of independent assessment of the quality of services provided by social service organizations.

Thus, the creation of conditions for an independent assessment of the quality of service and the provision on their official websites of the technical possibility of expressing opinions by recipients of services on the quality of their provision and the organization of social services in general. Also, suppliers have an obligation to ensure openness and accessibility of information in the field of conducting an independent assessment of the quality of their provision.

This year, Federal Law No. 324-FZ of November 14, 2017 “On Amendments to the Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation” was issued. According to Article 2 of Federal Law-324, the law will come into force after ninety days from the date of official publication. It was published in Rossiyskaya Gazeta on November 17, 2017, so the law (and, accordingly, its amendments) comes into force on February 13, 2018. Consider the changes to be undergone by the law 442-FZ.

Article 5, paragraph 2 law was presented in a different edition. It was clarified that the powers of the state authority of the subject of the Russian Federation in the field of social services are valid only on the territory of the subject itself, and a clarifying note was made that the powers of this body include recognizing citizens in need of services and drawing up individual programs.

Article 5 of FZ-442 was supplemented by paragraph 7. Thus, the system of social services included organizations that are under the jurisdiction of the authorized body of the subject of the Russian Federation, if, in accordance with the provisions of Law 442-FZ, they were given the authority to recognize citizens as needy and to draw up individual programs on the territory of one or more municipalities.

Wording clause 13 of part 2 of article 7 FZ-442 was shortened: the words “provision of social services (hereinafter referred to as the individual program)” were excluded.

Article 8, paragraph 2 FZ-442 was presented in a different edition. Thus, the definition of the authorized body of the constituent entity of the Russian Federation, and also, if necessary, by an authorized organization.

A similar clarification applies to Article 14, paragraph 2 of Article 15 and paragraph 4 of Article 16, in which the wording "authorized body of the Russian Federation" was supplemented by "authorized organization".

Let us also consider several separate articles of the law FZ-442, which have great importance under this legislation.

Article 15 FZ-442 determines the procedure for recognizing a citizen in need of social services. The following circumstances may serve as grounds for recognition under the law:

Loss of the ability to carry out self-care, move without someone else's help, providing basic physiological and other needs due to illness, injury, age or disability;
The presence in the family of a disabled person in need of constant outside care;
The presence in the family of a child who has difficulty adapting to society;
The impossibility of providing care for a disabled person, a child (children) or the lack of care for them;
Family violence, the presence of drug, alcohol or other addictions among family members;
Lack of a fixed place of residence. in special order given ground prescribed for former pupils of orphanages and persons left without parental care, who have not reached the age of 23;
Lack of work, and, accordingly, means of subsistence;
Other circumstances recognized as worsening the life of citizens in accordance with the laws of the constituent entities of the Russian Federation.

The authorized body or organization, in accordance with the law FZ-442 on social services for citizens, is obliged to make a decision on recognizing a person as in need of assistance or on refusal within 5 days from the date of application. The answer is provided in written or electronic form. The decision to provide urgent services is made immediately. If the applicant considers that the refusal received by him is unlawful and contrary to the law, he has the right to appeal the decision in court.

Article 13 442-FZ regulates aspects of the obligations of social service providers in the field of ensuring information openness in the course of their activities. Thus, suppliers are obliged to create publicly available information resources containing information about their activities and provide access to these resources by posting them on information stands in their offices, as well as in the media, the Internet - on the official website.

Also, a certain list of information and documents (Part 2 of Article 13) should be posted on the official website, updated in case of any changes within ten working days. The procedure for posting and updating information is established by the authorized federal executive body.

Article 16 FZ-442 contains provisions related to the development and application of an individual program for the provision of services. This is a document that indicates information about the form, types, volume, frequency, conditions and terms for the provision of social services. The program also includes lists of recommended suppliers and support activities (Article 22 of the law). It is compiled in accordance with the needs of the person and is revised depending on changes in the circumstances that determine this need. It is reviewed at least once every three years.

Read more about the conditions for drawing up a document and the effect of its provisions in the text of the law (Article 16). A link to download the law FZ-442 is given in the last subtitle of this article.

Article 21 FZ-442 describes what is included in the concept of "urgent social services":

providing free meals or food packages, clothing, footwear and other essentials;
assistance in obtaining temporary housing and providing the necessary legal assistance;
creation of conditions for the provision of emergency psychological assistance with the involvement of psychologists and clergy and other urgent services.

The name of the services speaks for itself - they must be provided without delay, i.е. without drawing up an individual program or contract for the provision of services. According to the law, the basis can be both a citizen’s statement and the receipt of relevant information from representatives of other state structures(medical, educational). Confirmation is the relevant act, including information about the recipient and provider, types of urgent social services provided, terms, date and conditions of provision. Certified by the recipient's signature.

Article 31 442 FZ prescribes that home care, as well as stationary and semi-residential forms, are provided free of charge to children and persons affected by emergencies or armed national conflicts. All this provided that at the time of application average income per family member is equal to or below the threshold determined by the laws of the subject of the Russian Federation (often equal to one and a half living wages).

Download the text of the law on social services

The text of this law may be useful both to human rights activists and officials, and ordinary citizens who wish to expand their knowledge in the field of their own rights and freedoms provided for by law.

We offer to download the law in the latest edition, which has entered into force at the moment.