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Content

Introduction

Chapter I. Rights of persons with disabilities: historical and comparative analysis

1.1 History of the development of legislation on social protection of disabled people

1.3 Rights of persons with disabilities under the legislation of the Russian Federation

Chapter III. Features of legal regulation social protection disabled people in Moscow

2.1 Legal framework for social protection of disabled people in Russia

2.2 Legal framework for the implementation of social protection of people with disabilities
2.3 Practice of implementation of legislation on social protection of disabled people in a metropolis

Conclusion
List of sources

Introduction

Relevance of the topic. The tasks of maintaining and protecting people with disabilities have existed in society for a long time. At first, these functions were performed by the church, public and charitable organizations.

Social protection of the population occupies an important place in the state social security system of all modern countries of the world. The task of implementing state support and social protection for people with disabilities is especially acute.

Russia is a social state and one of the most important goals in the field of social policy is the goal of protecting the rights and interests of socially vulnerable segments of the population, including people with disabilities. Thus, the fundamental law of the Russian Federation, the Constitution, guarantees everyone social security for disability. Also, the rights and protection of the interests of people with disabilities are enshrined in a number of federal laws and by-laws. The Constitution of the Russian Federation does not separate the rights and freedoms for people with disabilities and for citizens, thereby implementing the principle of equality of all citizens.

According to the latest data from the Federal State Statistics Service, as of 2016 there were 12.751 million disabled people in Russia, of which 617 thousand were disabled children. Thus, there are 87 thousand disabled people per 1 million people. In Moscow, the number of disabled people is 10% of the population, which is about 1.2 million people and 1/10 of all disabled people in Russia. Therefore, the state’s task in this area is very important, complex and large-scale.

The importance of such a population group as people with disabilities is recognized by the whole world. So in 1992, the UN General Assembly, by its resolution, proclaimed December 3 as the International Day of Persons with Disabilities. Thereby attracting the attention of world states and society to their problems and difficulties.

Economic crises affect many spheres of society, including the social one, while people with disabilities become one of the most socially vulnerable categories of the population in need of protection. That is why it is so important to consolidate and implement protection at the state level.

Social protection of disabled people is a system of economic, legal and other social support measures guaranteed by the state, which is aimed at creating conditions conducive to improving the lives of disabled people, as well as creating equal opportunities for life in society with other citizens.

The development of social protection of disabled people in the Russian Federation can be marked with the entry into force of the Federal Law “On Social Protection of Disabled People in the Russian Federation” in 1996. Before this law came into force, the implementation of the rights of people with disabilities and their protection caused certain difficulties for their subjects. Having defined, in accordance with international standards, the main aspects, concepts and criteria of disability, the law has changed the situation for the better.

Changes in state policy regarding people with disabilities are directly related to international standards.

Thus, the relevance of the topic is determined by the need to improve the system for protecting the rights of people with disabilities.

The purpose of the thesis is to study the legal foundations of social protection of disabled people in the city of Moscow.

Objectives of the thesis:

1. Consideration of the historical stages of the formation of social protection in domestic and foreign history.

2. Study of the legal status of disabled people in the Russian Federation, including the procedure for establishing disability and the legal basis for social protection of disabled people.

3. Identification of the peculiarities of the legal status of people with disabilities in the city of Moscow.

4. Analysis of the activities of Moscow city authorities to support people with disabilities.

The object of the study is legal relations arising in the field of social protection of disabled people.

The subject of the study is legislation regulating the legal framework for social protection of people with disabilities and the practice of its application.

The methodological basis of the study consists of such methods as comparative legal, historical and legal, system analysis.

The structure of the thesis consists of an introduction, three chapters, a conclusion and a list of references.

Chapter I. Historical and comparative analysis of social protection of disabled people

1.1 History of the development of legislation on social protection of disabled people

It is worth noting that the need for social protection has existed since ancient times and developed along with the development of civilizations. At first, social protection existed in the form of assistance to those in need from the church, charitable services and caring individuals. The state and church led the development of a system of charity for the needy.

Providing assistance to those in need began to take shape in Russian history from the middle of the 16th century. In 1551, the Stoglavy Council regulated maintenance on voluntary donations for those truly in need. However, this did not apply to able-bodied persons.

By the end of the 16th century in Rus', it was possible to distinguish the main directions in social policy for those in need: state, church-zemstvo and private. These directions existed throughout the historical development of the national history of the formation of social protection, but the forms and methods changed, depending on the socio-economic conditions and characteristics of the development of the state.

The era of Peter I is of great importance in the development of the system of state charity. Already under Tsar Fyodor Alekseevich (elder brother of the future Peter I), two almshouses arose in Moscow in 1682, by the end of the century there were about ten of them, and by 1718 under Peter 90 with the “suspected”. Among them is the famous Sailor's Silence on the Yauza.

Peter I issued many Decrees related to the development of the charity system. A decree of 1712 instructed magistrates to build and maintain hospitals for sick and elderly people in all provinces, and also prohibited begging in Moscow. A decree of 1715 obliged the creation of special hospitals for illegitimate babies at churches in many cities. Decrees of 1717 and 1718 introduced fines for giving alms to the poor, and in 1719 the leadership for the fight against beggars passed into the hands of the governor. By decree of 1724, a census was carried out among the disabled population.

Peter I's system of charity included: a ban on begging; prohibition of giving alms to the poor; determination of charity measures; organization of certain types of preferential assistance; establishment of public charity institutions; recognition of the need for regulatory regulation in the field of assistance to those in need.

Further additions to the system of domestic charity occurred during the reign of Catherine II. In 1763, she created an educational home for poor and street children. In 1775, the Institution on Governorates was published, which organized the organization of public charity. In the provinces, state bodies - Prikazy - were created to manage the affairs of charity. These bodies regulated a significant part of the social sphere of the state: public schools, orphanages, medical institutions, etc. The creation of the Orders of Catherine II can be called the first serious attempt to organize a system of public charity.

Under Paul I, almshouses were opened for the first time in villages. Under Alexander I, the first charitable societies were created. For example,

"Imperial Humane Society", the purpose of which was to establish specialized institutions for those in need. Under Nicholas I, large-scale construction of hospitals for those in need took place, and free medicines were provided.

After the zemstvo and city reforms, the responsibilities of public charity orders passed to zemstvo institutions, which had the opportunity to organize the necessary collections.

During the period of the industrial revolution, which marked the development of capitalism and the transition to new forms of labor, social assistance to those in need was guided by the principles of public charity. In the future, the principle of providing disabled people with the opportunity for a certain economic independence, namely “rehabilitation”, that is, providing disabled people with the opportunity to work, is gaining relevance.

By the beginning of the 20th century, there were a large number of charitable institutions in Russia providing assistance to those in need. But the First World War and the 1917 revolution affected the operation of this system.

After the revolution of 1917, instead of almshouses and charity homes, social security agencies, nursing homes, homes for the disabled, and orphanages were organized. Government policy towards the disabled continued to be correlated with charity, including pension payments and referrals to nursing homes. Financial assistance to disabled people was provided by the cooperation of disabled people. The first societies of disabled people were created: the All-Russian Society of the Blind in 1923 and the All-Russian Society of the Deaf and Mutes in 1926.

Under the conditions of guarantees of state social protection in the USSR, certain measures were taken to use the professional opportunities of persons unable to work due to health problems, but work on the rehabilitation of disabled people was insufficient.

An important task was to legislate the provisions of equality of rights and freedoms for people with disabilities. There were a number of obstacles to the realization of their constitutional rights by people with disabilities, for example, freedom of movement, due to unequipped city-wide vehicles and buildings for the mobility of wheelchair users. There were also no training programs for people with disabilities. Simply put, the state was not ready to implement rehabilitation measures for disabled citizens. But the main thing is that society was ready, and the feeling of compassion of other citizens provided the disabled with the necessary help, at least for

household level.

In order to influence public opinion regarding people with disabilities, as well as formulate state policies on working with people with disabilities, the UN declared 1981 the Year of the Disabled, and 1983-1992. Disabled for ten years. And in 1992, the UN General Assembly, by its resolution, proclaimed December 3 as the International Day of Persons with Disabilities. The UN also adopted the World Program of Action for Persons with Disabilities.

In 1991, through the adoption of the law “On the basic principles of social protection of disabled people in the USSR,” the basic principles of social protection of disabled people were normatively established in our country.

Having declared itself a legal and social state, the Russian Federation formed its legislation in accordance with international standards. The most important international regulations governing the social protection of people with disabilities are: the Universal Declaration of Human Rights of 1948, the Declaration of Social Progress and Development of 1969, the Declaration on the Rights of Persons with Disabilities of 1975, the Standard Rules for Equal Opportunities for Persons with Disabilities of 1993, etc.

In accordance with modern standards, in the Russian Federation a number of legislative acts regulating the problems of people with disabilities have been developed and adopted. By presidential decrees 1992-1996. a program for step-by-step solutions to significant problems of disabled people is outlined. In 1995, the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” was adopted, which made their rehabilitation a priority in state policy regarding disabled people. And in pursuance of the Federal Law, the Government of the Russian Federation, the Ministry of Labor and Social Development of the Russian Federation, the Ministry of Health of the Russian Federation adopted a number of resolutions on the issues of recognizing a person as disabled, on the educational aspects of disabled people, on an individual rehabilitation program for disabled people, etc.

1.2 Foreign experience in social and legal protection of disabled people

The development of state policy to protect people with disabilities depends primarily on the level of development of the country and its characteristics. Thus, a typical example in this regard is the comparison of two models of social services - European and American. On the European continent, social services were formed under the influence of the collapse of community and intercommunity ties and, accordingly, the weakening of support for those in need from their immediate environment. In America, the emphasis shifted towards self-reliance, and personal initiative, towards liberation from the influence of government structures. This was reflected in the social policy of the United States, where the role of the state (until 1933) was very weak.

Several European countries had disability legislation before World War II, which established the provisions of disabled veterans. The post-war period marked the beginning of the development of specific measures to support people with disabilities in some countries, including the adoption of laws on the rehabilitation of people with disabilities. The problems of regulating the protection of the rights of people with disabilities required the creation of an international system and the formation of certain standards in this area.

The World Program of Action for Disabled Persons has made significant changes to solving the problems of people with disabilities. Previously, social policy regarding people with disabilities included medical aspect on working with this category of citizens. This program was aimed at involving people with disabilities in full and equal public life with other citizens. Another necessary aspect is the participation of people with disabilities in the decision-making process.

The development of the program was supported by the Standard Rules for the Equalization of Opportunities for Persons with Disabilities, consisting of a number of international instruments, such as the International Bill of Human Rights, etc.

On May 3, 2008, the Convention on the Rights of Persons with Disabilities, adopted by the UN General Assembly, entered into legal force. The purpose of this Convention is set out in Article 1: “The purpose of this Convention is to promote, protect and ensure the full and equal enjoyment by all persons with disabilities of all human rights and fundamental freedoms and to promote respect for their inherent dignity.” The Convention covers a significant number of issues, such as rehabilitation and habilitation, participation of persons with disabilities in public and political life, the primacy of equality and the exclusion of discrimination, etc.

States that have ratified this Convention undertake to treat persons with disabilities as full-fledged subjects of legal relations. It is also necessary to adapt national legislation in accordance with innovations in international standards.

In modern social states, issues of protecting the rights of people with disabilities are significant and priority. This topic is especially important in the United States.

In the United States, a number of regulations have been adopted regulating the social protection of people with disabilities:

· in 1973 the law “On Rehabilitation” was adopted;

· in 1976, the Law “On Education for All Handicapped Children”;

· in 1988, the law “On assistance through technical means to persons with disabilities”;

· in 1997 the law “On the education of persons with developmental disabilities and health.”

Of particular importance in the United States is the Americans with Disabilities Act, adopted in 1990, which promoted anti-discrimination social policy towards people with disabilities. The law prohibits discrimination against people with disabilities in all spheres of social life: in labor relations, civil legal relations, in government bodies, in the field of transport accessibility, etc.

When constructing structures in the United States, construction companies and government agencies must take into account the peculiarities of movement of wheelchair users in them, and design appropriate devices for unimpeded access for people with disabilities. Public transport must also be equipped to transport disabled people.

A separate law regulating the employment relationship of people with disabilities in the United States is the Employment of Persons with Disabilities Act. It establishes the basic provisions on the employment of people with disabilities, training, remuneration, benefits, etc.

In Germany, the provisions of disabled people are enshrined in the Constitution and laws:

· “About people with disabilities”;

· “On assistance to disabled people in using public transport”;

· “On the uniformity of rehabilitation measures”;

· “On the fight against unemployment among disabled people”;

· special section of the Code of Social Legislation6.

Through the provision of social assistance in Germany, a disabled person gradually integrates into society, becoming less dependent on the provision of social assistance. The state social services in Germany provide two types of assistance: life support assistance and assistance in special life situations.

Since 1995, Germany has had social insurance for the care of the disabled, as well as payments for home care.

Rehabilitation measures for disabled people are carried out in the form medical rehabilitation and special assistance.

Regulates the implementation of various types of rehabilitation for people with disabilities, special reference and consulting services operating in accordance with the adopted agreement on the provision of this type of service. Legislation in Germany reliably guarantees the rights of disabled people and prohibits dismissal of them before they reach 30 years of age.

Great attention is paid to social policy regarding disabled people in the UK. The 1995 Law on Non-Discrimination of Persons with Disabilities enshrines the principle of equal rights for persons with disabilities and other citizens.

Various organizations provide assistance to disabled people here. Social services provide assistance in independent living for disabled people at home; if this is not possible, disabled people can visit day care centers that serve them. There are also social training centers that provide training in socialization skills.

Implemented in the UK complex scheme to help disabled people in their work activities: introduction to work, work from home, additional payments, necessary equipment in the workplace, etc.

Innovations in policies for protecting the rights of persons with disabilities are contained in the legislation of Asian and Pacific countries. States in this region proclaim the principles of full participation and equality of persons with disabilities at the constitutional level. Special funds regulate issues of rehabilitation and employment of disabled people.

The Persons with Disabilities Act in Japan ensures the independence of persons with disabilities and also regulates the plan for working with persons with disabilities.

The central body regulating disability issues in Cyprus is the Rehabilitation Council under the Ministry of Labor and Social Insurance.

In Finland there is a State Council for Disability Issues.

In Hungary, a government advisory body has been established under Act XXXVI, which concerns the rights and equality of persons with disabilities.

Jordan's Special Law for the Protection of Persons with Disabilities established the National Council for the Protection of Persons with Disabilities. The Council provides various programs for the protection and vocational training of persons with disabilities, and also supports organizations promoting this.

Mexico has established an Advisory Council for the Inclusion of Persons with Disabilities in Decision-Making and Coordination of Public Policy on Persons with Disabilities.

Thus, concern for the integration of people with disabilities into society, initiated all over the world, as a rule, by heads of state, includes not only the construction of ramps and ramps, but also a whole series of measures to eliminate all possible barriers, as well as the creation of separate state institutions, coordinating and monitoring the implementation of state policy in relation to people with disabilities.

The legislation of many modern countries is aimed at the rehabilitation of people with disabilities, their integration into society and the creation of all the necessary conditions for this. Laws prohibit any form of discrimination against persons with disabilities. Programs are being implemented to quota jobs for people with disabilities, encouraging employers to employ people with disabilities.

Many states are developing an early intervention program, which consists of identifying the child and providing him with the help he needs.

State policies towards people with disabilities should ensure that they financial situation and ensure their participation in full and equal social life, including through unhindered employment. Therefore, the legislation of many countries takes measures to guarantee the maximum participation of persons with disabilities in economic and social life.

The adopted international legal acts regulating certain spheres of life of people with disabilities are aimed at encouraging manifestations of non-discrimination against people with disabilities.

The integration of people with disabilities into social life is carried out by ensuring accessibility to all spheres of society, as well as by involving people with disabilities in the decision-making process.

The world community recognizes the importance of pursuing a state policy on working with people with disabilities; the World Committee on Disabled People has established the annual Franklin Roosevelt International Award for Caring for People with Disabilities, which is awarded to a state that has made great progress in addressing issues of socialization of people with disabilities.

International experience in social protection of disabled people is useful for our state, which is aimed at achieving success in the development of this area. The formed international model of the main directions for working with people with disabilities and the formation of the legislative framework can serve as a useful template for the development of the provisions of people with disabilities in the Russian Federation.

Chapter II. Legal status of disabled people in the Russian Federation

2.1 Rights of persons with disabilities under the legislation of the Russian Federation

The state social policy of the Russian Federation on working with people with disabilities is carried out in accordance with international standards, consisting of a number of legal acts. The most important legislative acts in this area are:

· Universal Declaration of Human Rights 1948

· International Covenant on Economic, Social and Cultural Rights 1966

· Declaration of Social Progress and Development 1969

· Declaration of the Rights of Mentally Retarded Persons 1971

· Declaration of the Rights of Persons with Disabilities 1975

· Convention on the Rights of the Child 1989

· World Declaration on the Survival, Protection and Development of Children, 1990.

· Standard Rules on the Equalization of Opportunities for Persons with Disabilities 1993

· Convention on the Rights of Persons with Disabilities 2006, etc.

The guiding international documents in the field of protecting the rights of persons with disabilities is the Declaration on the Rights of Persons with Disabilities, adopted by the UN General Assembly in 1975.

According to the Declaration, a disabled person is defined as any person who is unable to independently meet, in whole or in part, the needs of a normal personal and/or social life due to a deficiency, whether congenital or not, of his or her physical or mental abilities.8 The Declaration establishes that persons with disabilities have the inalienable right to respect for their human dignity, and regardless of the degree of their physical, mental or other limitations due to health, have rights on an equal basis with other citizens. That is, the principle of equality of disabled people is being implemented.

The Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of people.

Thus, the social state is a guarantor of social protection of the population, including the protection of persons with disabilities.

The Federal Law “On Social Protection of Disabled Persons in the Russian Federation” dated November 24, 1995, determined the state policy in the field of social protection of disabled people, the purpose of which is to provide disabled people with equal opportunities with other citizens in the implementation of all types of rights and freedoms that are provided for by the Constitution of the Russian Federation.

According to this law, a disabled person is a person who has a health impairment with a persistent disorder of body functions, caused by diseases, consequences of injuries or defects, leading to limitation of life activity and necessitating his social protection.

Limitation of the life activity of a disabled person means a complete or partial loss of his ability or ability to carry out self-care, move independently, navigate, communicate, control his behavior, study and engage in work. 10

Recognition of a person as a disabled person is regulated by Decree of the Government of the Russian Federation dated February 20, 2006 No. 95 “On the procedure and conditions for recognizing a person as a disabled person.”

The conditions for recognizing a citizen as disabled are:

a) health impairment with a persistent disorder of body functions caused by diseases, consequences of injuries or defects;

b) limitation of life activity (complete or partial loss by a citizen of the ability or ability to carry out self-service, move independently, navigate, communicate, control one’s behavior, study or engage in work);

c) the need for social protection measures, including rehabilitation and habilitation.

It is important to note that the basis for recognition of disability is the presence of all three conditions.

Recognition of a citizen as a disabled person is carried out through a special medical and social examination, consisting of a comprehensive assessment of the state of the body based on analyzes and further comparison with the criteria and classifications approved by the Ministry of Labor and Social Protection of the Russian Federation.

A citizen is sent for a medical and social examination by a medical organization, pension or social protection body.

Medical and social examination can be carried out:

· at the office at your place of residence;

· at home, if it is impossible to come to the office;

· in a hospital where the citizen is undergoing treatment;

· in absentia, by decision of the bureau.

The examination is carried out at the request of a citizen or his legal representative.

The decision to recognize a citizen as disabled is made by a majority vote of the specialists who took part in the examination. The decision is announced to the citizen in the presence of all specialists in case of clarification.

If a citizen is recognized as disabled, he is issued a certificate that confirms the determination of disability, indicating the group, and is also issued an individual program for his rehabilitation or habilitation. And the date of establishment of disability will be considered the day the citizen submitted an application for an examination.

The category of blind, deaf, mute, people with impaired coordination of movement, completely or partially paralyzed, etc. recognized as disabled due to obvious deviations from the normal physical condition person. Disability in such cases is usually established indefinitely.

Those recognized as disabled are assigned disability group I, II or III, depending on the degree of impairment of body functions. Minors are assigned the category “disabled child” until they reach the age of 18.

Disabled people can be classified according to for various reasons:

· age: disabled adults and disabled children;

· acquisition of disability: disabled people with general illness, disabled from birth, disabled people at work, disabled people at war;

· nature of the disease: mobile, low-mobility and immobile groups of disabled people;

· degree of ability to work: disabled, temporarily disabled, disabled.

When determining the disability group, various degrees of social disability are taken into account, which impair a person’s ability to live a full life.

The first disability group is the most difficult. It is established for persons with permanent or long-term disability who require ongoing assistance. The required assistance arises as a result of health problems with significant impairment of body functions, as a result of diseases, injuries and other defects that sharply limit a person’s life activity.

The second group is established for people with permanent or long-term disability, but who do not need constant assistance. It occurs as a result of a health disorder with a disorder of body functions, as a result of diseases, injuries and other defects that limit human life.

The third group is established for persons who, due to health conditions, cannot carry out certain activities. Occurs as a result of a minor health disorder with a disorder of body functions, as a result of diseases, injuries and other defects that slightly limit a person’s life.

As a result of treatment and provision of social assistance to disabled people, their degree of disability may change in one direction or another; for this purpose, re-examination periods have been established: for the first group - once every two years, and for the second and third - once a year.

The timing of re-examination is not specified in the following cases:

no later than 2 years after the initial recognition as disabled of a citizen who has diseases and other deviations according to the list defined by law;

no later than 4 years after the initial recognition of a disabled citizen, in cases where it is impossible to eliminate or reduce the degree of disability;

no later than 6 years after the initial establishment of the category “disabled child” in case of a complicated course malignant neoplasms in children;

upon initial recognition of a citizen as disabled, in the absence of positive results of the medical measures taken.

Upon reaching the age of 18, citizens classified as “disabled children” are subject to mandatory re-examination.

In accordance with the Government Decree “On the procedure and conditions for recognizing a person as disabled,” a citizen can appeal the decision of the bureau by means of a written application within a month. The application is submitted to the main bureau, which, no later than 1 month from the date of receipt of the application, conducts an examination of the citizen and makes its decision.

The decision of the main bureau can also be appealed; in this case, the citizen will be asked to change the composition of the specialists of the main bureau for a re-examination, or to undergo a medical and social examination at the Federal Bureau.

Also, the decision of the medical and social examination can be appealed in court.

It is worth noting that the decision of the medical and social examination is mandatory for execution by state authorities and local governments, as well as organizations, regardless of their form of education.

The number of people with disabilities on the territory of the Russian Federation is growing. Several reasons can be identified: deteriorating public health and a decrease in the efficiency of the social sphere.

Causes of disability can be divided into:

· Biomedical

These are medical reasons associated with injuries, accidents, pathologies, poor health care, etc.

· Socio-psychological

The reasons are related to the low standard of living and, as a consequence, psychological disorders in families.

· Economic and legal

A number of reasons related to low financial status and ineffective exercise of one’s rights and freedoms.

Disability of the population mainly depends on two components: biological and social.

Biological predicts trends in the development of certain diseases and the corresponding consequences. And social forecasts the effectiveness of social rehabilitation of disabled people, as well as analyzes the possibility of creating the necessary conditions for its implementation.

Currently, there are 12.9 million disabled people living in the Russian Federation, and approximately 1.5 million people are recognized as disabled annually. There is also a growing trend in the number of disabled people of working age.

According to statistics, only 5% of the total number of disabled people regain their ability to work, and the rest remain disabled for life.

Almost 80% of all disabled people belong to the first and second disability groups, many of whom require constant assistance.

These figures make it clear that the issue of protecting the rights of people with disabilities is of great importance for our state and society as a whole.

The state task of protecting the rights of people with disabilities strives not to treat, but to prevent illnesses that limit the life of citizens. The results of work on the rehabilitation of disabled people should reflect not only medical indicators, but also social aspects.

2.2 Legal framework for social protection of disabled people in Russia

Disabled people, including disabled children and people disabled since childhood, have the right to medical and social assistance, rehabilitation, provision of medicines, prostheses, prosthetic and orthopedic products, means of transportation on preferential terms, as well as to vocational training and retraining.13

The legal basis for the social protection of persons with disabilities is an interconnected system of legal acts consisting of legal norms regulating the organization of social protection of persons with disabilities.

The system of the regulatory framework of the Russian Federation regulating the social protection of people with disabilities consists of: generally recognized international legal acts, the Constitution of the Russian Federation, laws and regulations, constitutions of republics, charters of constituent entities, collective agreements and agreements, etc.

As stated earlier, social protection of disabled people in the Russian Federation is implemented in accordance with international legislation. The UN Declaration on the Rights of Persons with Disabilities has formed the basic principles of the rights and protection of persons with disabilities:

· Persons with disabilities have the right to respect for their human dignity;

· Disabled people have equal rights as other citizens;

· Persons with disabilities have the right to medical and other treatment, education, employment and other necessary services.

· Disabled people have the right to measures to achieve maximum independence;

· Disabled people have the right to social and economic security;

· Disabled people have the right to unhindered life activities;

· Disabled people must be protected from discrimination;

· Disabled people should have the opportunity to obtain legal assistance to protect their rights;

· Disabled people must be informed of their rights.

The Russian Federation, based on international standards, has formed its regulatory framework for the social protection of people with disabilities.

First of all, the main law of the state - the Constitution of the Russian Federation - proclaims Russia as a social state and gives everyone a guarantee of social security, including people with disabilities.

Federal Law of July 17, 1999 N 178-FZ “On State Social Assistance” establishes the legal and organizational basis for the provision of state social assistance to those in need, including the category of disabled people. However, the subject of the federal law does not include relations related to the provision of benefits and social support measures established by the legislation of the Russian Federation.

In particular, the law establishes among the powers of the state in the field of providing social assistance - the procurement of therapeutic nutrition for disabled children, with the further organization of its provision.

In accordance with the law, the following have the right to receive state social assistance in the form of a set of social services:

· war invalids;

· disabled people;

· disabled children.

The range of social services related to social assistance for people with disabilities consists of:

1. Providing disabled children with special therapeutic nutrition.

2. Vouchers for sanatorium-resort treatment.

3. Free travel on suburban railway and intercity transport to and from the place of treatment.

Group I disabled people and disabled children have the right to receive a second voucher for sanatorium treatment and free travel for an accompanying person.

The duration of sanatorium-resort treatment is 18 days, for disabled children the period is increased to 21 days, and for disabled people with spinal cord and brain injuries - 24-42 days.

Determining state policy in the field of social protection of disabled people in the Russian Federation is the federal law dated

The law sets a goal for the state to provide disabled people with equal opportunities with other citizens in exercising their legal rights and freedoms.

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

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

Discrimination on the basis of disability is prohibited by law. Discrimination is understood as any difference, exclusion or restriction due to the presence of disabilities among citizens, resulting in unequal exercise of legal rights and freedoms by disabled people.

The law establishes a certain procedure for recognizing a person as disabled - a medical and social examination carried out by federal medical and social examination institutions. This examination was discussed in paragraph 2.1. and is regulated by Decree of the Government of the Russian Federation dated February 20, 2006 N 95 “On the procedure and conditions for recognizing a person as disabled.”

The law also defines the concepts of rehabilitation and habilitation of people with disabilities.

Rehabilitation of disabled people is a system and process of full or partial restoration of the abilities of disabled people for everyday, social, professional and other activities. Habilitation of disabled people is a system and process of developing the abilities that disabled people lack for everyday, social, professional and other activities.

Rehabilitation activities carried out for disabled people and approved in the federal list are carried out at the expense of the federal budget.

The Institute of Social Rehabilitation of Disabled Persons is implemented in complex activities, including organizational, economic, urban planning, and rehabilitation activities themselves. It is carried out by the entire set of state and municipal bodies and institutions of social protection, education, healthcare, and other areas, in cooperation with non-state bodies.

Needy disabled people have the right to receive special rehabilitation technical means used to prevent life limitations. These may include means for care, self-care, mobility, etc.

An annual compensation of 17,420 rubles has also been established for the maintenance of guide dogs.

Medical care plays an important role in ensuring the life of disabled people. In the Russian Federation, people with disabilities, like other citizens, are provided with free medical care. The law regulates the provisions on payment for medical services provided to disabled people, as well as provisions on reimbursement of necessary expenses for disabled people.

Persons with disabilities have the right to unhindered receipt of all necessary information. For the visually impaired, this is realized by publishing specialized literature for libraries and educational institutions. For people with hearing or speech impairments, there is a system of subtitles and sign language translation of video materials.

In order to protect the rights of the visually impaired, the law authorizes the subject of the right, in cases of credit transactions, to use a facsimile reproduction of his handwritten signature, affixed using a mechanical copying device.

Particular attention is paid in the law to ensuring unimpeded access for people with disabilities to social, transport and engineering infrastructure.

State bodies and all organizations are obliged to provide people with disabilities:

· Unimpeded access to social, transport and engineering infrastructure;

· Unhindered use of all types of public transport;

· Possibility of independent movement at the sites of the listed infrastructures;

· Accompanying disabled people;

· Installation of special equipment;

· Elimination of all possible obstacles to the movement and activities of disabled people of all groups and diseases.

In cases of failure to comply with these instructions without objective reasons, administrative liability arises.

The law regulates a certain procedure and system of benefits for providing disabled people with housing. Specially equipped housing is provided to disabled people and families with disabled children, taking into account the health status of the disabled person and other circumstances. Compensation of 50% of housing and utility costs is also provided. Single disabled children upon reaching 18 years of age are provided with housing out of turn. Priority for first receipt land plot for housing construction, have disabled people, as well as families with disabled people.

One of the areas of state social policy for protecting the rights of people with disabilities is providing education and vocational training for people with disabilities.

Educational institutions must create the necessary conditions to ensure the educational process among people with disabilities. Education is carried out in accordance with the characteristics of a particular disabled person, and can be expressed in the form of regular educational institutions, in educational institutions specialized for disabled people, or at home.

The law establishes provisions on guarantees of employment for people with disabilities. And for the successful implementation of the employment mechanism and further employment of disabled people, an important aspect is their professional training.

Vocational training of disabled people is carried out in accordance with an individual rehabilitation program in educational institutions of general and special types, as well as directly at enterprises. When entering secondary specialized or higher educational institutions, they enjoy certain benefits - their enrollment is carried out regardless of the admission plan.

Vocational training for people with disabilities is a tool for real employment, taking into account the characteristics of their health and ability to work.

The law includes the following as guarantees of employment for people with disabilities:

· Training of disabled people in new professions;

· Conditions for the development of entrepreneurship among people with disabilities;

· Guarantee of jobs suitable for professions;

· Quota for admission of disabled people;

· Stimulating employers to employ disabled people;

· Working conditions in accordance with rehabilitation and habilitation programs.

If the number of employees of the organization exceeds 100 people, then a quota for the employment of disabled people is established in the amount of 2-4% of the entire staff. If the number of employees is less than 100 and at least 35 people, then a quota of no more than 3% of the entire staff is established. The quota does not apply to public associations of disabled people and their organizations.

Quota places must be converted into special workplaces for employing disabled people that meet special requirements, according to the individual impairments of disabled people.

The reduced working day for disabled people of groups I and II is no more than 35 hours per week.

Annual leave for disabled people is set at no less than 30 calendar days.

The law prohibits the establishment of worse working conditions for disabled people compared to other workers.

The law reflects issues of social services for people with disabilities. For people with disabilities who need help, medical and consumer services are provided at home or in a hospital. Also disabled people are provided necessary means communications and other adaptive technical means.

The law establishes monthly payments for all categories of disabled people:

· Group I - 2,162 rubles;

· Group II and disabled children - 1,544 rubles;

· Group III - 1,236 rubles.

In accordance with the law, one of the forms of social protection of disabled people is public associations of disabled people. Such associations are created by disabled people themselves or interested parties to protect the rights of disabled people and their legitimate interests. The state and local governments support the manifestations of this form of social protection and provide various types of assistance to such associations in every possible way.

Legal regulation of social services for citizens, including disabled people, is carried out by Federal Law of December 28, 2013 No. 442-FZ “On the fundamentals of social services for citizens in the Russian Federation.” This law replaced the Federal Law of August 2, 1995 No. 122-FZ “On social services for elderly and disabled citizens.”

Social service refers to the provision of social services. Social services involve helping those in need to meet their vital needs and improve their living conditions.

The principles of social services include: non-discrimination; voluntariness; maintaining a familiar environment for those in need; targeting of service provision; the most convenient and effective providers of social services.

Social services are provided to the recipient of social services and carried out by the provider of social services.

Social service providers can be either government or non-government. These can be various commercial and non-profit organizations, individual entrepreneurs providing social services, etc.

The presence of disability is a circumstance in which a citizen is recognized as in need of social services.

Disabled people, as recipients of social services, have the right to: respect and humanity towards them; providing complete information about social service information; choosing a service provider; social support; refusal to receive services, etc.

After a citizen submits an application for the provision of social services, within 5 working days the authorized body makes a decision on recognizing or not recognizing the citizen as in need of receiving social services. If a citizen is recognized as needy, he is entered into the register of recipients of social services.

After providing the individual program to the provider, an agreement on the provision of social services is concluded between the provider and the recipient.

Social services, depending on the need, are provided in stationary and semi-stationary form, as well as at home.

According to the law, social services offer wide range social services for those in need:

· Medical

· Psychological

· Household

· Labor

· Educational

· Legal

· Urgent

Provisions on the types of social services are contained in Article 20 of Federal Law No. 442-FZ “On the fundamentals of social services for citizens in the Russian Federation”.

The need for urgent social services arises when an urgent vital need occurs. Urgent services include: free food, overnight accommodation, clothing, etc.

Federal Law No. 5-FZ of January 12, 1995 “On Veterans” guarantees social protection of veterans in the Russian Federation, including disabled people. The purpose of the law is to provide conditions for a decent life for these categories of citizens.

The law distinguishes several categories of disabled veterans: war invalids, veterans military service, veterans of public service. For each category, a definition has been established that explains who can belong to these categories of disabled people.

Providing conditions for a decent life for people with disabilities is implemented by this law by establishing certain guarantees and measures of social support for people with disabilities.

Social support measures for disabled veterans are expressed in:

· provision of certain pension benefits;

· providing needy disabled people with housing;

· compensation for housing and utility costs in the amount of 50%;

· domestic services;

· provision of prosthetic products;

· flexible annual leave and the possibility of 60 days without pay;

· professional education;

· special conditions priority in providing various services;

More details about measures of social support for disabled veterans are set out in Article 14 of Federal Law No. 5-FZ “On Veterans”.

One of the forms of social support for war invalids, in accordance with the Federal Law, is the establishment of a monthly payment in the amount of 3,088 rubles.

It is worth noting that the social protection measures provided for by the Federal Law are implemented not only in relation to the disabled themselves, but also in relation to members of their families.

The legislation of the Russian Federation, when implementing state policy in the field of social protection of the rights of people with disabilities, pays special attention to the pension aspect. In this regard, a number of legislative acts are in place.

Federal Law No. 400-FZ of December 28, 2013 “On Insurance Pensions” classifies the type of insurance pensions as the disability insurance pension. Insured citizens with one of three disability groups have the right to such a pension.

In previous legislation, the right to a disability retirement pension depended on the presence of one of three disability groups, the cause of disability (general illness, work injury, occupational disease, military injury, etc.), the presence and duration of total work experience.18 The new legislation establishes the right to receiving a disability insurance pension regardless of the listed factors, but only depending on the presence of a recognized disability. In the absence of insurance coverage, a disabled person has the right to a social disability pension.

The calculation of the size and payments of a disability insurance pension is regulated in accordance with Chapter 4 of the Federal Law “On Insurance Pensions”.

The law establishes certain cases of early assignment of a disability insurance pension:

1. Disabled war veterans - men over 55 years old and 25 years of insurance experience, women over 50 years old and 20 years of insurance experience.

2. For visually impaired people of group I - men over 50 years old and insurance experience over 15 years, women over 40 years old and insurance experience over 10 years.

Federal Law of December 15, 2001 No. 166-FZ “On State Pension Provision in the Russian Federation” will distinguish this type of pension for state pension provision as a disability pension.

A disability pension is established for disabled military personnel, World War II participants, those awarded the “Resident of Besieged Leningrad” badge, victims of radiation or man-made disasters, and cosmonauts.

The social disability pension is established for disabled citizens with disabilities.

In accordance with the law, war invalids have the right to receive two pensions at the same time - a disability pension and an old-age insurance pension.

The conditions for the assignment of disability pensions are specified in the articles of Chapter II “Conditions for the assignment of pensions for state pension provision” 166-FZ. And their size is in Chapter III “Amounts of pensions for state pension provision”.

Federal Law No. 167-FZ of December 15, 2001 “On Compulsory Pension Insurance in the Russian Federation” recognizes the disability insurance pension as mandatory insurance coverage for compulsory insurance. The insured event is the onset of disability.

INTRODUCTION

Attention to the situation of people with disabilities has increased significantly in the world in Lately. The relevance of the multifaceted problem of disability of the population and the organization of social protection of persons with special needs is determined by the presence in the social structure of society of a significant number of people of this category.

The World Disability Report estimates that at the beginning of 2011, there were more than a billion people with disabilities, which is about 15% of the total world population. Due to a number of economic, social, and demographic reasons, there is a steady increase in the number of persons with disabilities throughout the world, despite the improvement in the quality of life. The increase in this indicator is explained by the aging of the population, as older people are at increased risk of disability, as well as the global increase in chronic diseases. In addition, in a particular country, this indicator is influenced by trends in the development of pathological conditions, the impact environment and factors such as road traffic accidents, natural disasters, conflicts, nutrition and substance abuse.

There are currently more than 13 million disabled people in the Russian Federation, which is about 9% of the country's population. Every year, about 3.5 million people are recognized as disabled.

people, including more than 1 million people for the first time.

According to the Branch of the Pension Fund of the Russian Federation for the Komi Republic, as of December 31, 2011, the total number of citizens of the Komi Republic with disabilities was 76,331 people, or 8.5% of the total population of the republic.

Social statistics in Russia provide information mainly about people with disabilities who have received official status. The main sources of information on the number of disabled people are the Pension Fund, the State Service for Medical and Social Expertise (MSE) and social services (social service institutions and local executive bodies).

The problem of statistical recording and collection of information on issues related to disability has been relevant since the adoption of the Federal Law of November 24, 1995.

No. 181-FZ “On the social protection of people with disabilities in the Russian Federation” and includes tasks of a regulatory, methodological, organizational nature, as well as tasks of automating this process.

As an analysis of statistical data on the problems of this social group in Russia shows, the information collected largely reflects the structure of recipients of disability benefits and pensions, while fundamentally important aspects are not always addressed: the exact number of disabled people, level of education, employment. The reflection of environmental and attitudinal barriers within the existing system of information and statistical support is still at a low level, since the concept of “barriers”

Russian disability protection legislation has not yet been developed.

The lack of accurate and comparable data on disability, as well as experience in implementing effective programs, can hinder both understanding of the problems associated with people with disabilities and practical actions for this population. Awareness of the overall population and living conditions of people with special needs can help improve efforts to provide quality services and eliminate disability-related barriers, ultimately allowing people with disabilities to actively participate in public life.

Currently in Russia, work is underway to create electronic information databases on disability issues, including medical and social examination and rehabilitation of disabled people. Therefore, at this stage it is advisable to take into account the requirements of international law.

The UN Convention on the Rights of Persons with Disabilities, adopted by General Assembly resolution 61/106 on 13 December 2006, which enshrines fundamental individual rights and freedoms for people with disabilities, is the first comprehensive human rights treaty of the 21st century. This Convention marks a “paradigm shift”

in terms of attitudes and approaches towards people with disabilities. Its provisions are aimed at ensuring the full participation of people with disabilities in society, as well as eliminating discrimination against them.

At the end of 2011, the Convention had been signed by 153 and ratified by 107 states. This number also includes the Russian Federation.

The fact that Russian President Dmitry Medvedev signed the law on ratification of the Convention on April 25, 2012, adopted by the State Duma and approved by the Federation Council, indicates that in Russia much more attention has been paid to the rights of people with disabilities. According to the Senior Human Rights Adviser to the UN System in the Russian Federation, Ryszard Komenda, work towards bringing the norms of Russian legislation in accordance with the provisions of the Convention has noticeably intensified at the highest government level.

By ratifying this document, signed by Russia on September 24, 2008 in New York, the Russian Federation undertakes to take all appropriate legislative, administrative and other measures to implement the rights of people with disabilities, as well as ensuring their social protection and an adequate standard of living.

Russia also undertakes to consult with them when developing and applying legislation and policies regarding people with disabilities, including through public organizations representing the interests of citizens with disabilities.

All the efforts made by our country in recent years are intended to change general view on the problems of disabled people. Previously, a paternalistic attitude and a “medical” model of understanding disability dominated. Currently, the main focus is on a human rights-based “social” approach – recognizing the dignity and equality of people with disabilities. This model of understanding determines the cause of disability not in the disease itself, but in the physical, organizational and “attitude” barriers existing in society, based on stereotypes and prejudices. At the same time, a person with special needs is not a “problem carrier” requiring special training. Problems and barriers in the life of such a person are created by society and the imperfection of the social system, which in modern conditions is not ready to meet the diverse needs of all citizens.

Thus, disability is the result of interactions that occur between disabled people and attitudinal and environmental barriers that prevent them from fully and actively participating in society on an equal basis with others.

In June 2011, our country prepared a draft Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation on Social Protection of Persons with Disabilities in Connection with the Ratification of the United Nations Convention on the Rights of Persons with Disabilities”, which sets out in a new edition the articles of the Law “On Social Protection disabled people in the Russian Federation." The project intends to amend 21 legislative acts of the Russian Federation in order to ensure effective legal mechanisms for the unconditional implementation of the rights and freedoms of people with disabilities in accordance with the provisions of the Convention.

In January 2010, the Department for Persons with Disabilities was created in the Ministry of Health and Social Development of the Russian Federation, the main purpose of which is to work to achieve conventional standards in practice in Russia, which was reflected in the adoption of the state program of the Russian Federation “Accessible Environment” for 2011.”

Decree of the Government of the Komi Republic of November 21, 2011 No. 521 also approved the program of the Komi Republic “Accessible Environment” for 2011-2015, the goals of which

– creating by 2015 conditions for unhindered access to priority facilities and services in the main areas of life for people with disabilities and other groups of the population with limited mobility, as well as ensuring accessibility, increasing the efficiency and effectiveness of providing various services for people with disabilities, including ensuring equal opportunities in the exercise of voting rights .

An important task within the framework of the republican program is to assist the activities of public organizations of disabled people.

The use of a program-targeted method will allow for the long-term concentration of organizational and financial resources, to provide an integrated approach to solving the problems of people with disabilities living in the Komi Republic, and as a result to significantly improve their quality of life.

LEGAL FRAMEWORK OF SOCIAL PROTECTION

DISABLED PEOPLE

The problem of effectively ensuring human rights for people with disabilities is relevant both at the international level and at the level of individual states. By the beginning of the 21st century, the existence of a number of binding international human rights treaties and advisory documents in the field of the rights of persons with disabilities proved to be insufficient - despite these positive initiatives, persons with disabilities continue to face barriers to their participation in society as equal members and violations of their rights in all over the world.

On December 13, 2006, a binding international legal document in the field of human rights was adopted - the UN Convention on the Rights of Persons with Disabilities, which the Russian Federation signed on September 24, 2008, which was an indicator of the country’s readiness to create conditions aimed at complying with international standards of economic, social, legal and other rights of people with disabilities.

The signing of the Convention actually approved the principles on which state policy towards people with disabilities should be based.

The UN Convention on the Rights of Persons with Disabilities, according to many researchers, does not establish any new rights. However, measures aimed at realizing these rights may differ significantly from similar measures aimed at realizing the rights of persons without disabilities. In addition, the category “person with disabilities” itself is very heterogeneous. Thus, Article 1 provides that “persons with disabilities include persons with persistent physical, mental or sensory impairments which, in interaction with various barriers, may prevent their full and effective participation in society on an equal basis with others.” In addition to health impairments, disability can be characterized by varying degrees of severity of such impairments. It is obvious that the content and scope of measures taken by the state to realize the rights of persons with disabilities will vary. Consequently, the necessary statistical data must contain sufficient information about the structure of disability and the measures necessary for the effective integration of disabled people into society (for example, technical means of rehabilitation, medical and social services), depending on the nature of the health impairment and the severity.

The next requirement for statistical information relates to the concept of “barrier”. The term “barriers” is also present in the definition of disability. Unlike health disorders, which are subjective in nature, barriers characterize factors in the physical and social environment of the disabled person. However, it is precisely a certain “interaction” of barriers and health impairments that is considered in the Convention as a state of disability.

It should be noted that barriers within the meaning of the Convention on the Rights of Persons with Disabilities include not only imperfections in the architecture of the physical environment (buildings, institutions, workplaces), but also attitudes towards people with disabilities based on negative stereotypes and prejudices, as well as restrictions on the accessibility of transport, information and communications services and services openly provided to the public. Thus, statistical information should reflect environmental factors that negatively affect the enjoyment of human rights by persons with disabilities.

The right to an adequate standard of living and social protection without discrimination on the basis of disability must be ensured and promoted so that people with special needs and their families continuously improve the conditions and quality of their lives, have adequate food, clothing, and housing.

Law of the Russian Federation of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation” (as amended on November 30, 2011) defines state policy in the field of social protection of disabled people in the Russian Federation, the purpose of which is to provide disabled people with equal treatment with other citizens opportunities in the implementation of civil, economic, political and other rights and freedoms provided for by the Constitution of the Russian Federation.

On January 1, 2005, the Federal Law of August 22, 2004 No. 122-FZ “On Amendments to Legislative Acts of the Russian Federation in Connection with the Adoption of Federal Laws “On Amendments and Additions to the Federal Law “On General Principles of Organization of Legislative Acts” came into force (representative) and executive bodies of state power of the constituent entities of the Russian Federation" and "On the general principles of organizing local self-government in the Russian Federation" (hereinafter referred to as Law No. 122-FZ of August 22, 2004).

According to this law, the financing of individual social support measures provided to citizens is improved by establishing a monthly cash payment while maintaining the right to receive state social assistance in the form of a set of social services.

To ensure the realization of citizens' rights to receive social services, a federal register is maintained.

In accordance with Order of the Ministry of Health and Social Development of the Russian Federation dated September 30, 2004 No. 143 “On the body maintaining the Federal Register of persons entitled to receive state social assistance,” including software and technologies for reconciling information received from executive bodies authorities of the constituent entities of the Russian Federation, with the database of the Pension Fund of the Russian Federation, the register is maintained by the Pension Fund of the Russian Federation and its territorial bodies in relation to citizens specified in articles 6.1 and 6.7 of the Federal Law of July 17, 1999 No. 178-FZ “On State Social help."

Order of the Ministry of Health and Social Development of the Russian Federation dated November 30, 2004 No. 294 approved the “Procedure for making monthly cash payments to certain categories of citizens in the Russian Federation.”

Pension provision for disabled people is carried out in accordance with the norms of the Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation” and the Federal Law of December 15, 2001 No. 166-FZ “On State Pension Provision in the Russian Federation”.

Federal Law No. 196-FZ of November 25, 2006 “On Amendments to the Federal Law “On State Pensions” established the right to receive two types of pensions for citizens awarded the “Resident of Siege Leningrad” badge and for disabled people.

Disabled people (including disabled children) who need permanent or temporary assistance, in accordance with the Federal Law of the Russian Federation dated 02.08.1995 No. 122-FZ “On social services for elderly citizens and disabled people” and the Federal Law dated 10.12. 1995 No. 195-FZ “On the fundamentals of social services for the population in the Russian Federation” have the right to social services.

Taking into account individual need, they are provided with social services in accordance with Decree of the Government of the Komi Republic of June 24, 2005 No. 150 “On the republican list of guaranteed social services and the list of additional social services provided to the population of the Komi Republic by social services”, as well as state standards of social services , approved by the Decree of the Government of the Republic of Kazakhstan dated September 25, No. 242 “On state standards of social services for the population in the Komi Republic.”

The procedure and conditions for social services are approved by Decree of the Government of the Komi Republic of October 12, 2011 No. 458 “On measures to implement the Law of the Komi Republic “On social services for the population in the Komi Republic”.

Law of the Komi Republic of November 12, 2004 No. 55-RZ “On social support of the population in the Komi Republic” establishes legal guarantees, including additional ones to those established by the legislation of the Russian Federation for social protection of certain categories of the population, including disabled people and families raising children - disabled people living in the Komi Republic, in order to create conditions that provide them with a decent life and respect in society. Social support measures and social payments established by this law and the regulatory legal acts of the Government of the Komi Republic adopted in accordance with it are expenditure obligations of the Komi Republic.

On August 1, 2009, Law No. 68-RZ “On some issues related to care and assistance for elderly citizens and disabled people in the territory of the Komi Republic” came into force. This Law, in order to improve the quality of life of elderly citizens and people with disabilities, strengthen the traditions of mutual assistance, and prevent social loneliness, establishes a procedure for organizing care and assistance for these citizens and an additional social guarantee in the form of monthly remuneration for those providing care and assistance.

Resolution of the Government of the Komi Republic dated February 28, 2011 No. 3 approved the program of the Komi Republic “I can live independently (2011-2013)”, aimed at maximizing the potential of children with intellectual disabilities raised in a boarding school for disabled children of the social protection system Republic of Komi. This program provides for the development of various forms of life arrangement for graduates of boarding schools and their social support and includes the development and implementation of models of social rehabilitation work that will help teach children with developmental disabilities (mental disabilities) self-care skills in everyday life and professional and work activities.

Right to health. The right to habilitation and rehabilitation. People with disabilities have the right to the highest attainable standard of health without discrimination on the basis of disability. They need to be provided with access to gender-sensitive health services, including health-related rehabilitation.

In order to achieve and maintain maximum independence, full physical, mental, social and vocational abilities and full inclusion of people with disabilities in all aspects of life, the establishment, strengthening and expansion of comprehensive habilitation and rehabilitation services and programs, especially in the areas of health and social services, is necessary.

In accordance with Art. 61 of the Law of the Russian Federation of November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”, a medical and social examination is carried out in order to determine the needs of the examined person for social protection measures, including rehabilitation, by federal institutions of medical and social examination based on an assessment of restrictions vital activity caused by a persistent disorder of body functions.

According to the Decree of the Government of the Russian Federation of February 20, 2006 No. 95 “On the procedure and conditions for recognizing a person as disabled” (as amended on December 30, 2009), the Federal State Institution “Main Bureau of Medical and Social Expertise in the Komi Republic” draws up an individual rehabilitation program (IRP) for each disabled person, which includes all rehabilitation measures necessary for a disabled person (disabled child), including the provision of educational services.

One of the areas of medical rehabilitation is the provision of medicines to people with disabilities, which is regulated by Decree of the Government of the Russian Federation of July 30, 1994 No. 890 “On state support for the development of the medical industry and improving the provision of the population and healthcare institutions with medicines and medical products” (as amended on 14 February 2002).

In December 2008, the Ministry of Health of the Republic of Kazakhstan prepared and sent to all heads of municipalities of the republic the “Agreement between the Ministry of Health of the Komi Republic and the municipality on interaction in the field of implementation of the Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens,” in accordance with which interaction and coordination of activities to organize the provision of medicines to citizens with disabilities.

The right to education is one of the fundamental and inalienable constitutional rights of citizens of the Russian Federation. In order to realize this right without discrimination and on the basis of equality of opportunity, it is necessary to ensure inclusive education for people with special educational needs at all levels and their lifelong learning. Education in the Russian Federation is carried out in accordance with the legislation of the Russian Federation and international law.

Education in the Law of the Russian Federation of July 10, 1992 No. 3266-1 “On Education” is understood as a purposeful process of education and training in the interests of an individual, society, and state, accompanied by a statement of the achievement by a citizen (student) of educational levels established by the state (educational qualifications).

The receipt of education by a citizen (student) is understood as the achievement and confirmation of a certain educational qualification, which is certified by the appropriate document.

For children with special educational needs, educational authorities create special (correctional) educational institutions (classes, groups) that provide treatment, education and training, social adaptation and integration of “special” children into society.

The categories of students and pupils sent to the specified educational institutions, as well as those kept on full state support, are determined by the federal executive body authorized by the Government of the Russian Federation.

Children with special educational needs are sent to the specified educational institutions by the bodies exercising management in the field of education only with the consent of the parents (legal representatives) based on the conclusion of the psychological and medical-pedagogical commission, the regulations of which are approved by the federal executive body authorized by the Government of the Russian Federation.

Distance learning is carried out in the Komi Republic. In accordance with the order of the Ministry of Education of the Komi Republic dated March 1, 2010 No. 49 “On approval of the approximate Regulations on distance learning children with disabilities in the Komi Republic" the regulation on distance learning for children with disabilities in the Komi Republic regulates the organization of the learning process using distance learning educational technologies for children in this category who, due to health reasons, cannot attend educational institutions and need home education.

No. 39 “On the measure of social support for children with visual disabilities”, a measure of social support is established for children with visual disabilities upon completion of their education and upon reaching the age of 18 in the form of indefinite free use of computer equipment provided to them during the period of distance learning.

The right of disabled people to work and employment is exercised in accordance with the current regulatory framework: the Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ (Labor Code of the Russian Federation), the Law of the Russian Federation dated April 19, 1991 No. 1032-1 “On employment of the population in the Russian Federation", Articles 20-24 of the Federal Law "On Social Protection of Disabled Persons in the Russian Federation", Decree of the Government of the Komi Republic of December 30, 2004 No. 276 "On establishing a quota for hiring disabled people", (as amended. Decrees of the Government of the Republic of Kazakhstan dated August 16, 2010 No. 260, dated September 28, 2011 No. 415), Decree of the Government of the Komi Republic dated December 20, 2011 No. 593 “On approval of the regional program “Promotion of employment of unemployed disabled people, parents raising disabled children, parents of large families” in the Komi Republic (2012)” and other legal acts aimed at creating real opportunities for people with disabilities to engage in useful, income-generating activities and providing specific mechanisms for its implementation.

Issues of realizing the right to accessibility and creating a living environment accessible to people with disabilities are regulated by the Town Planning Code of the Russian Federation dated December 29, 2004 No. 190-FZ.

In accordance with Art. 15 of the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of people with disabilities in the Russian Federation”, the joint Resolution of the State Construction Committee of Russia and the Ministry of Labor of the Russian Federation No. 74/51 of December 22, 1999 approved the “Procedure for implementing accessibility requirements for objects for people with disabilities” social infrastructure", regulating the conditions and levels of interaction between participants in the investment process in the field of construction in the preparation of initial permitting documentation, development, coordination, approval and implementation of project documentation for the construction, expansion, reconstruction or technical re-equipment of social infrastructure facilities on the territory of the Russian Federation, taking into account the needs people with disabilities.

Territorial bodies of architecture and urban planning of the Ministry of Architecture, Construction and Public Utilities of the Komi Republic and local government bodies authorized for architecture and urban planning adhere to the above Procedure: draw up and issue initial permitting documentation, including architectural and planning assignments for design, construction and reconstruction of social infrastructure facilities, in compliance with the requirements of relevant building codes and regulations, as well as in agreement with municipal social protection authorities.

According to Article 15 of the Federal Law of November 24, 1995 No. 181-FZ “On Social Protection of Disabled Persons in the Russian Federation,” the creation of conditions for accessibility for disabled people to engineering, transport, and social infrastructure facilities is ensured by the owners of these facilities (the Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, local government bodies and organizations, regardless of organizational and legal forms) within the limits of allocations annually provided for these purposes in budgets of all levels.

In order to ensure unimpeded access for people with disabilities to social infrastructure facilities of state institutions subordinate to the Agency of the Republic

Komi on social development, the following regulations have been published and are being implemented:

Order No. 01-12/492 of December 31, 2009 “On creating conditions for people with disabilities for unhindered access to administrative buildings and sports facilities”;

Order No. 01-12/45 of February 15, 2011 “On creating conditions for people with disabilities for unhindered access to administrative buildings and sports facilities”;

Order No. 01-12/195 of October 5, 2011 “On creating unimpeded access for people with disabilities to social infrastructure facilities.”

To create conditions for unhindered access to priority facilities and services in priority areas of life for people with disabilities, the state program “Accessible Environment” for 2011-2015 was approved by Decree of the Government of the Russian Federation dated March 17, 2011 No. 175 “On state program RF “Accessible Environment” for 2011-2015”, and the program of the Komi Republic “Accessible Environment” for 2011-2015 was approved by Decree of the Government of the Komi Republic of November 21, 2011 No. 521 “On approval of the program of the Komi Republic “Accessible Environment” for 2011 -2015.”

The right of people with disabilities to play sports, as well as to participate in cultural life, leisure and recreation, ensures the opportunity for people with special needs to participate on an equal basis with others in sports activities, to develop and use their creative, artistic and intellectual potential not only for their own benefit, but also for the benefit of the whole society.

In addition, people with disabilities have the right to have their distinct cultural and linguistic identities recognized and supported, including sign languages and the culture of people with hearing and visual disabilities.

Federal Law No. 329-FZ of December 4, 2007 “On Physical Culture and Sports in the Russian Federation” regulates relations in the field of physical culture and sports. The Government of the Komi Republic is carrying out targeted work to create a regulatory framework for this area of activity.

Article 8 of this Federal Law defines the powers of the constituent entities of the Russian Federation in the field of physical culture and sports, including paragraph 7 of Article 8 determines the implementation of measures to develop physical culture and sports for persons with disabilities, as well as adaptive physical culture and adaptive sports.

On September 29, 2008, Law of the Komi Republic No. 91-RZ “On some issues in the field of physical culture and sports in the Komi Republic” was adopted. Clause 8 art. 3 of this law defines the powers of the Government of the Komi Republic to implement measures for the development of physical culture and sports for people with disabilities and persons with special needs physical development, adaptive physical culture and adaptive sports in the Komi Republic.

The Law of the Komi Republic of March 5, 2007 “On lifetime monthly financial support for athletes of the Komi Republic for special services to the Komi Republic” provides Honored Masters of Sports with lifetime monthly financial support.

Order of the Government of the Komi Republic dated March 4, 2011 No. 53-r approved the “Concept for the development of physical culture and sports in the Komi Republic for the period until 2020”, developed on the basis of the Strategy for the development of physical culture and sports in the Russian Federation for the period until 2020, which is a complex of regulatory, legal, organizational, material and technical, information and propaganda activities, united by design and purpose, designed to ensure the solution of main problems in the field of physical culture and sports (including for people with disabilities). It determines the content and main ways of development of physical culture and sports on the territory of the Komi Republic and is aimed at the formation of a modern sports industry capable of providing conditions for the development of mass sports and sports in the period until 2020 highest achievements, modernization of the system of physical culture and sports education for residents of the republic, training of high-class republican athletes, further development of infrastructure aimed at covering the disabled and persons with special needs.

The rehabilitation role of the cultural sector is not defined in the Federal Law “On Social Protection of Disabled Persons in the Russian Federation”. However, the advisability of including it in this system is due to both the significance of cultural values for the development and self-realization of the individual, proclaimed in the Law of the Russian Federation of October 9, 1992 No. 3612-1 “Fundamentals of the legislation of the Russian Federation on culture” (as amended on May 8, 2010), and and the practice of cultural institutions working with people with disabilities.

In addition, all appropriate measures must be taken at the national level to ensure that persons with disabilities can enjoy the right to freedom of expression and belief, including the freedom to seek, receive and impart information and ideas on an equal basis with others, through all forms of communication of their choice.

The right to participate in political and public life ensures that persons with disabilities have political rights and the opportunity to enjoy them on an equal basis with others.

People with disabilities are actively involved in public activities, advocating for the recognition and implementation of their civil rights. The subject of regulation of Federal Law No. 82-FZ of May 19, 1995 “On Public Associations” is social relations arising in connection with the exercise by citizens of the right to association, with the activities, reorganization and (or) liquidation of public associations. This Federal Law applies to all public associations, including people with disabilities, created on their initiative.

Providing people with disabilities equal opportunities with other citizens to exercise their voting rights is an important component of state policy, the development of civil society and helps to increase civic activity and responsibility of the population.

Conditions must be created for citizens with disabilities to ensure opportunities to exercise their voting rights. To this end, a lot of work is being done in the Komi Republic, including:

1) the “Road to the Polling Station” project is being implemented, promoting the creation of a barrier-free environment for voters with disabilities;

2) a set of activities is carried out for legal training and legal education of voters with disabilities;

3) optimal conditions are created for citizens of this category to exercise their electoral rights in the voting premises and outside the voting premises during the preparation and conduct of election campaigns;

5) polling stations are determined, in the voting premises of which it is necessary to equip special voting booths for voters who have difficulty moving and use wheelchairs;

6) thematic audiovisual products are created, thematic printed publications for the purpose of informing about elections, about political parties and candidates, about the voting procedure for citizens with disabilities, as well as for the purpose of improving the legal culture of voters in this category;

7) a special information resource has been created for visually impaired voters on the websites of the Election Commission of the Komi Republic;

8) additional furniture is installed in voting rooms at polling stations in order to ensure the voting process for voters with disabilities, and additional lighting is organized for the blind and visually impaired;

9) polling stations are determined, in the voting premises of which it is necessary to place materials in large print and (or) using raised dot font Braille;

10) on voting day, citizens with visual impairments are provided with magnifying glasses, which are also placed in secret voting booths, and special stencils with slots for ballot papers.

This work in the Komi Republic is carried out by election commissions jointly with government bodies of the Komi Republic, local government bodies, and public organizations of disabled people.

Thus, improving the regulatory framework, effective government regulation in social sphere, the application of the program-target method (implementation of federal and regional target programs) are control tools for resolving the problems of people with disabilities.

MAIN SOCIO-DEMOGRAPHIC CHARACTERISTICS

Social assistance to people with disabilities is provided by various services, which keep records of them as their clients in accordance with their tasks. Citizens who have officially received a disability are not always subject to uniform registration in the future. Regional medical and social examination institutions, whose decisions indicate whether a citizen is a disabled person, most often take into account those citizens who contacted them during the calendar year. These could be people receiving disability for the first time, or disabled people being sent to an institution for re-examination.

A citizen who becomes disabled may leave the region or die, so the number of citizens who become disabled for the first time does not mean that the same number of disabled people has increased in the region.

The number and structure of citizens with serious illnesses who have not received official disabled status can only be estimated tentatively on the basis of indirect data. Since medical statistics may provide different numbers of patients with a severity of illness that meets the criteria for disability, this causes disagreement about the true number of people with a particular type of disease.

On the other hand, people with disabilities who apply to ITU bodies for re-examination make up only a portion of the disabled people living in the region, because

the rest are citizens who have permanent disabilities or a long interval of re-examination, and who are not in all cases re-registered with ITU bodies.

The variability of data on the number of people with disabilities living even in the same locality is affected by four multidirectional factors (primary disability, mortality, emigration and immigration), which are extremely difficult to keep track of. According to rough estimates, the error in determining the number of disabled people is within 10%, which is quite acceptable in order to establish general patterns and trends in fluctuations based on statistics from Pension Funds, assess the possible potential for the participation of disabled people in public life and make predictions. social change and the efforts required to support these citizens.

Recognition of a person as a disabled person is carried out by state institutions of medical and social examination based on a comprehensive assessment of the state of the citizen’s body based on an analysis of his clinical, functional, social, professional, labor and psychological data using classifications and criteria approved by the Ministry of Health and Social Development of the Russian Federation.

The conditions for recognizing a citizen as disabled are:

a) health impairment with a persistent disorder of body functions caused by diseases, consequences of injuries or defects;

c) the need for social protection measures, including rehabilitation.

Depending on the degree of disability caused by a persistent disorder of body functions resulting from diseases, consequences of injuries or defects, a citizen recognized as disabled is assigned disability group I, II or III, and a citizen under the age of 18 is assigned the category “disabled child.” “, which is determined in the presence of limitations in life activity of any category and any of the three degrees of severity (which are assessed in accordance with the age norm), causing the need for social protection.

If a citizen is recognized as disabled, the following is indicated as the cause of disability:

General illness;

Work injury;

Occupational Illness;

Disability since childhood;

Disability from childhood due to injury (concussion, mutilation) associated with combat operations during the Great Patriotic War;

Military injury, illness received during military service;

Disability associated with the disaster at the Chernobyl nuclear power plant, the consequences of radiation exposure and direct participation in the activities of special risk units;

Other reasons established by the legislation of the Russian Federation.

The date of determination of disability is the day the bureau receives a citizen’s application for a medical and social examination.

In a comprehensive assessment of various indicators characterizing persistent dysfunctions of the human body, four degrees of their severity are distinguished:

1st degree - minor violations,

2nd degree - moderate violations,

3rd degree - severe disturbances,

4th degree - significantly pronounced violations.

According to the Territorial Body of the Federal State Statistics Service for the Komi Republic, the number and structure of the adult population of the republic is presented in the following table:

Adult population in the Komi Republic in 2008 – 2010

– – –

It should be noted that the share of people of retirement age has increased, which in 2010 amounted to 20.4% of the total adult population.

According to the Federal State Institution “Main Bureau of Medical and Social Expertise for the Komi Republic”, as of December 31, 2011, the number of disabled people over 18 years of age was 71,120 people (2009 – 70,941 disabled people, 2010 – 71,093 disabled people). The adult disability rate at the end of 2011 was 75.7 per 10 thousand population (2010 – 81.2; 2009 – 78.4), which is lower than the indicators for the Russian Federation (76.4 per 10 thousand adult population).

It should be noted that compared to the same period in 2009, the number of disabled people increased by 179 people, or 0.3%.

Number of disabled people aged 18 years and older in the Komi Republic in 2009 – 2011

– – –

The prevalence rate of disability among people in this age category is 933.1 per 10 thousand adults (in 2007 – 933.2, in 2008 – 921.6, in 2009 – 924.6, in 2010 – 932.7).

The highest rates of disability prevalence in the Komi Republic among the adult population were registered in the Priluzsky district - 1312.3; Sosnogorsk district – 1220.3; Sysolsky district - 1215.1; Syktyvkar – 1160.7.

Low rates are observed in the Usinsk region - 375.4; Ukhta – 625.6; Ust-Kulomsky district - 716.0.

– – –

15 Usinsky Sosnogorsky TOTAL Indicators of primary disability The most objective statistical indicator reflecting the dynamics of the state of disability in a particular territory is the intensive indicator of primary disability (hereinafter - IP), that is, the ratio of the number of persons first recognized as disabled to the size of the corresponding population living in a given area territories.

According to the ITU Main Bureau for the Komi Republic, in 2011, 5,768 people over 18 years of age were recognized as disabled for the first time (hereinafter referred to as VPI) (2010 - 6,191; 2009 - 6,012). The IP amounted to 75.7 per 10 thousand adults, including those of working age – 46.9;

at retirement age – 187.6 (see Table 4).

In general, in the Komi Republic the level of primary disability among the adult population decreased by 6.7% compared to 2010. The decrease in the primary disability rate occurred for the first time after its increase over the previous two years. Compared to 2005, when the PI level peaked (158.2), the overall decrease was 52%.

In the Russian Federation, the number of persons recognized as disabled for the first time in a year decreased by 5.2% compared to 2009.

The intensive indicator of primary disability in some years tended to decrease and increase in different age categories. Thus, in 2003, there was a decrease in the level of primary disability among the adult population to 85.3 per 10 thousand population, then in 2004 and 2005 there was a significant increase. In 2006, the PI of primary disability decreased, and in all age groups; in 2007, its noticeable decrease continued to take place; in 2009-2010. again there was, albeit a slight, increase in this indicator. In 2011, there was a slight decrease in the primary disability indicator (hereinafter referred to as PDI) in all age groups (however, this may be due to the lack of data on the population in 2011).

If we compare the PPI for the Komi Republic with indicators for the Russian Federation, it can be noted that the level of primary disability in the republic is higher due to people of retirement age, which is apparently due to the trend of aging of the population of the republic.

Among the districts of the republic, the rate of primary disability ranges from 112.4 in the Knyazhpogostsky and 112.1 in the Sosnogorsk districts to 31.5 in the Usinsky district.

The rates of primary disability are higher than the republican average in the Troitsko-Pechora district - 104.6, in the Koygorod district - 101.5 per 10 thousand adults. In working age, this indicator exceeds the republican average (46.9) in the Knyazhpogost district - 79.0, in the Koygorod district - 73.7 per 10 thousand of the corresponding population.

Indicators of primary disability in the Komi Republic for 2005 – 2011.

– – –

Lower than the national average indicators of primary disability are observed among the adult population in the city of Ukhta - 54.2. In working age, these indicators are the lowest in Usinsk (25.7) and Ukhta (33.1).

Share of the female population from the total number of VPIs for 2008 – 2011. (V %)

– – –

According to the data presented in Table 5, the percentage of women recognized as disabled for the first time (hereinafter referred to as VPI) at retirement age is twice as high as at working age, which is explained by the longer life expectancy of the female population.

The ratio of the urban and rural population in the Komi Republic remains at the same level (3.2:1) compared to previous years, and the number of urban residents applying to the Bureau of Medical and Social Expertise to determine the disability group is 3 times higher than that of rural residents.

The share of rural residents among those recognized as disabled for the first time was 24.2% (in 2008 - 21.5%, 2009 - 23.5%, 2010 - 24.7%).

For the second time in recent years, the rates of primary disability among the rural population, although slightly, exceeded the rates of disability among the urban population (see Diagram 1).

Indicators of primary disability in rural areas exceed indicators of primary disability among the urban population due to the disability of the working age population (see Diagram 2).

According to the Federal Institution “Main Bureau of Medical and Social Expertise for the Komi Republic”, the main reasons for establishing primary disability are identified:

a) due to a general illness - 95.8% (in 2010 - 96.7%);

b) due to work injury and occupational disease - 2.4% (in 2010, disabled former military personnel accounted for 0.9% (in 2010 - 0.7%));

disabled since childhood - 0.8% (2010 - 0.5%).

It should be noted that relative stability in the listed indicators has been maintained for a number of years.

As a percentage, in 2011, people in age category I (18 – 44 years old) made up 17.3% (in 2010 – 16.9%); Age category II (45-54 years – women, 45-59 years – men) – 32.0% (in 2010 – 33.0%); III age category (women over 55 years old, men over 60 years old) – 50.7% (in 2010 – 50.0%) (see diagram 3).

– – –

207,4 193,6 182,4 175,4

– – –

The share of people of retirement age in the structure of primary disability in 2006 exceeded the share of people of working age by 24%; in 2007, the difference in these indicators decreased and amounted to less than 10%; since 2008, these indicators have practically become equal and remain in the same ratio in 2011. The number of people in the older age category who applied to the ITU office to determine disability also amounted to approximately half of all applications (in 2009 - 47.7%, 2010 - 48%, 2011 - 48.5%).

One of important indicators characterizing the contingent of disabled people is their distribution according to the severity of disability. In accordance with the indicators of primary disability by group in 2011, the largest share is represented by disabled people of group III, the smallest - by group I, as in 2010 (see diagram 4)

– – –

16,20% 46,50% 37,30%

– – –

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It is extremely important for a social worker to know the legal and departmental documents that determine the status of a disabled person. The general rights of persons with disabilities are formulated in the UN Declaration of the Rights of Persons with Disabilities. Here are some excerpts from this international legal document: “Persons with disabilities have the right to respect for their human dignity”; ʼʼDisabled people have the same civil and political rights as other personsʼʼ; “Persons with disabilities have the right to measures designed to enable them to gain as much independence as possible”; ʼʼDisabled people have the right to

medical, technical or functional treatment, including prosthetic and orthopedic devices, for the restoration of health and status in society, for education, vocational training and rehabilitation, for assistance, consultation, for employment services and other types of services; ʼʼDisabled people must be protected from any kind of exploitationʼʼ.

Fundamental legislative acts on disabled people have been adopted in Russia. Of particular importance for determining the rights and responsibilities of people with disabilities, the responsibility of the state, charitable organizations, and individuals are the laws “On social services for elderly citizens and disabled people” (1995), “On social protection of people with disabilities in the Russian Federation” (1995).

Even earlier, in July 1992. The President of the Russian Federation issued a Decree “On scientific support for the problems of disability and disabled people.” In October of the same year, decrees “On additional measures of state support for people with disabilities” and “On measures to create an accessible living environment for people with disabilities” were issued.

These rule-making acts determine the relations of society and the state towards disabled people and the relations of disabled people with society and the state. It should be noted that many provisions of these rule-making acts create a reliable legal framework for the life and social protection of people with disabilities in our country.

The Law “On Social Services for Elderly and Disabled Citizens” formulates the basic principles of social services for elderly and disabled citizens: respect for human and civil rights; provision of state guarantees in the field of social services; equal opportunities to receive social services; continuity of all types of social services; orientation of social services to the individual needs of elderly citizens and people with disabilities; responsibility of authorities at all levels for ensuring the rights of citizens in need of social services, etc.
Posted on ref.rf
(Article 3 of the Law).

Social services are provided to all elderly citizens and people with disabilities, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership of public associations and other circumstances (Article 4 Law).

Social services are provided by decision of social protection authorities in institutions subordinate to them or under agreements concluded by social protection authorities with social service institutions of other forms of ownership (Article 5 of the Law).

Social services are provided exclusively with the consent of people who need them, especially when it comes to placing them in stationary social service institutions. In these institutions, with the consent of those served, labor activity must be organized under the terms of an employment contract. Persons who have concluded employment contract, receive the right to annual paid leave of 30 calendar days.

The law provides for various forms of social services, including:

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

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

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

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

social counseling assistance.

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

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

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

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

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

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

It should be emphasized that as of January 1, 1996 ᴦ. All elderly citizens and people with disabilities in 21 constituent entities of the Federation, where wages for the entire working-age population were below 150% of the subsistence level, needed full or partial payment for social services. These are regions such as Novgorod, Pskov, Ivanovo, Kirov, Penza, Saratov, Orenburg, Chita regions; Republics of Mari El, Chuvashia, Kalmykia, Adygea, Dagestan, Ingushetia, Kabardino-Balkarian, Karachay-Cherkess, North Ossetia, Udmurtia, Altai Republic, Tyva. Over 20 million people live here.

It is clear that the administrations of these regions of the country are not able to provide not only payment for social services for the elderly and disabled, but also social benefits for unemployment, poverty and others provided for by law. The entire population of these regions, young and old, receives income below the subsistence level and needs social benefits. All expenses for social services for the elderly and disabled are forced to be borne by federal authorities.

In the Law “On Social Services for Elderly Citizens and Disabled People,” the social service system is divided into two basic sectors - state and non-state. Government sector form federal and municipal social service bodies.

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

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

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

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

The law provides for benefits for priority receipt of appropriately equipped housing. In particular, disabled people and families with disabled children are given a discount of at least 50% on rent and payment utilities, and in residential buildings that do not have central heating - from the cost of fuel. Disabled people and families that include disabled people are given the right to priority receipt of land plots for individual housing construction, gardening, and farming (Article 17 of the Law).

national-legal forms and forms of ownership, the number of employees in which is more than 30 people (the quota for hiring disabled people is set as a percentage of the average number of employees, but not less than 3%). Public associations of disabled people and their enterprises, organizations, authorized capital which consists of the contribution of a public association of disabled people, are exempt from mandatory quotas of jobs for disabled people.

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

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

In addition to federal laws, it is extremely important for social workers to know departmental documents that provide reasonable interpretations of the application of certain laws or their individual articles.

It is also extremely important for a social worker to know problems that have not been resolved by legislation or that have been resolved but not implemented in practice. For example, the Law “On Social Protection of Disabled Persons in the Russian Federation” does not allow the production of vehicles that do not have adaptations for the free use of urban transport by persons with disabilities, or the commissioning of housing that does not provide adaptations for the free use of this housing by persons with disabilities (Article 15 of the Law ). But are there many buses and trolleybuses on the streets of Russian cities equipped with special lifts, with the help of which disabled people in wheelchairs could climb onto a bus or trolleybus independently? Just like decades ago, so today, residential buildings are put into operation

at home without any devices that would allow a disabled person to freely leave his apartment in a wheelchair, use an elevator, go down a ramp onto the sidewalk adjacent to the entrance, etc. and so on. These provisions of the Law “On Social Protection of Disabled Persons in the Russian Federation” are simply ignored by everyone who is legally obliged to create the necessary conditions for the normal life of disabled people.

The current legislation practically does not protect the rights of children with disabilities to a decent and secure existence. The legislation provides for such amounts of social assistance for children with disabilities that directly push them to any job, since a person deprived of everything extremely important since childhood is not able to live on a disability pension.

The average size of pensions in Russia as of January 1, 1996. was equal to 185.5 thousand rubles, and the living wage was 345 thousand rubles. It is impossible to live on such pensions if you do not have any additional sources of income.

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

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

* See: Russian disabled person. - 1992. t- no. 4. 195

master organizers. One of the tasks social work- find these guys, assist them in organizing the business, form a team around them and thereby help many.

The Russian Federation, focusing on the achievements of Western civilization, declared itself a legal and social state, brought the country's constitution and federal legislation into line with international standards of respect for human rights, and primarily with the Universal Declaration of Human Rights of 1948 adopted by the UN General Assembly, the Declaration of Social Progress and development, the Declaration of the Rights of Persons with Disabilities 1975, the Standard Rules on the Equalization of Opportunities for Persons with Disabilities 1993, the World Program of Action regarding Disabled Persons.

“disabled people have the right to respect for their human dignity”;

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

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

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

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

Fundamental legislative acts on disabled people in Russia have been adopted. Of particular importance for determining the rights and responsibilities of people with disabilities, the responsibility of the state, charitable organizations, and individuals are the laws: “On social protection of disabled people in the Russian Federation” /1995/, “On social services for elderly citizens and disabled people” /1995/.

In July 1992, the President of the Russian Federation signed the Decree “On scientific support for the problems of disability and people with disabilities.” In October of the same year, decrees “On additional measures of state support for people with disabilities” and “On measures to create an accessible living environment for people with disabilities” were issued.

These regulations determine the relationship of society and the state towards people with disabilities and vice versa. Many provisions of these documents create a reliable legal framework for the life and social protection of people with disabilities in our country.

Significant benefits and discounts are provided for the payment of utilities, for the purchase of disabled devices, tools, and payment for sanatorium and resort vouchers.

The Federal Law "On Social Services for Elderly Citizens and Disabled Persons" establishes the basic principles of social service for elderly citizens and disabled persons:

respect for human and civil rights;
provision of state guarantees in the field of social services;
equal opportunities to receive social services;
continuity of all types of social services to meet the individual needs of elderly citizens and the disabled;
responsibility of authorities at all levels for ensuring the rights of citizens in need of social services, etc. /Article 3 of the Law/.

“Social services are provided to all elderly citizens and people with disabilities, regardless of gender, race, nationality and official status, place of residence, attitude to religion, beliefs, membership of public associations and other circumstances /Article 4 of the Law/.

Social services are provided by decision of social protection bodies in institutions under their jurisdiction or under agreements concluded by social protection bodies with social service institutions of other forms of ownership /Article 5 of the Law/.

Social services are provided exclusively with the consent of people who need them, especially when it comes to placing them in stationary social service institutions. In these institutions, with the consent of those served, labor activities can be organized under the terms of an employment contract. Persons who have entered into an employment contract receive the right to annual paid leave of 30 calendar days.

The law provides for various forms of social services, including:

social services, at home /including social and medical services/;
semi-stationary social services in departments of day/night/ stay of citizens in social service institutions;
stationary social services in boarding houses, boarding houses and other stationary social service institutions;
urgent social services;
social and consulting assistance.

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

Services provided free of charge:

1. single citizens / single married couples / and disabled people receiving a pension below the subsistence level;

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

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

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

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

The Law "On Social Services for Elderly Citizens and Disabled Persons" divides the social service system into two main sectors - state and non-state.

The public sector forms federal and municipal social service bodies.

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

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

The current legislation practically does not protect children with disabilities from a decent and secure existence. But even if financial problems are solved and the living environment of disabled people is completely reorganized, they will not be able to take advantage of the benefits without the appropriate technology and devices. We need a special industry for the production of disabled equipment and equipment. There are such enterprises in the country. In Moscow, disabled people themselves organized the “Overcoming” rehabilitation center, which not only provides moral, educational, and organizational assistance, but also launched the production of wheelchairs that are superior in many respects to Swedish wheelchairs in the world. There are many talented craftsmen and organizers among disabled people. One of the tasks of social work is to find these people, assist them in organizing their work, form a team around them and thereby help many.

Adopted on November 24, 1995, the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” laid the foundation for modern legal social protection of disabled people, defining as state policy in this area - providing disabled people with equal opportunities with other citizens in the realization of civil, economic, political and other rights and freedoms provided for in the Constitution of the Russian Federation. It received legislative formalization of a new concept of social protection of people with disabilities, which is based on the principles and norms of international law adopted in relation to persons with disabilities. The system of social protection measures for people with disabilities established by federal law creates the necessary preconditions for social adaptation disabled people and their integration into society.

This federal law considers creating a living environment accessible to people with disabilities as one of the directions for their rehabilitation. In particular, it contains a provision on the obligation of bodies and organizations, regardless of organizational and legal forms and forms of ownership, to provide people with disabilities with conditions for free access to social infrastructure and for unhindered use of public transport, means of communication and information. The first document of this series was the Decree of the President of the Russian Federation dated October 2, 1992. No. 1156 "On measures to create an accessible living environment for people with disabilities." In pursuance of this Decree, by a resolution of the Council of Ministers - the Government of the Russian Federation with a similar name and a resolution of the Government of the Russian Federation dated 08.12.94. No. 927 “On ensuring the formation of an accessible living environment for people with disabilities” provides for the introduction into legislative acts on construction issues of requirements for conducting a mandatory examination of design estimates for the development of cities and other settlements, construction and reconstruction of buildings and structures from the point of view of ensuring accessibility for people with disabilities. These acts establish penalties for violation of these requirements.

In the regions of Russia, local expert bodies should establish control over the quality of design documentation for the construction and reconstruction of buildings and structures in terms of ensuring access for people with disabilities to buildings and structures for unhindered receipt of the necessary range of services.

Despite the obvious priority and relevance of the problem of social support for people with disabilities, the current situation in Russia in this area is critical.

Airports, railway and bus stations, sidewalks and road crossings should also be equipped with special devices to make life easier for people with disabilities. There should be separate parking lots and rooms for disabled vehicles, and special toilets, which is common in many countries around the world.

In recent years, in a number of constituent entities of the Russian Federation, trends have emerged in resolving this problem. For example, the Moscow City Duma adopted the Moscow Law of January 17, 2001. No. 3 “On ensuring unimpeded access for people with disabilities to social, transport and engineering infrastructure facilities in the city of Moscow.”

This Law defines trends towards the integration of people with disabilities into society, eliminating the discriminatory impact of architectural, transport and communication barriers that infringe on the rights and freedoms of people with limited mobility.

Similar laws have been adopted and are in force in other constituent entities of the Russian Federation.

The state provides for the provision of disabled people qualified medical care free of charge or on preferential terms, as well as free provision of medicines and medical products. The procedure for providing various types of medical care to people with disabilities is determined by a number of regulations of the Government of the Russian Federation. However, in violation of Article 13 of the Federal Law "On Social Protection of Disabled Persons in the Russian Federation" the Government of the Russian Federation long time did not determine the procedure for financing qualified medical care provided to disabled people, including drug provision. Because of this, many were deprived of the opportunity to receive specialized assistance in the federal medical centers, their rights to free or preferential drug coverage are violated.

A positive point is that since January 2001, the procedure for financing the constituent entities of the Russian Federation began to be determined to restore lost income to organizations providing benefits to disabled people.

Thus, in the Kaluga region, by resolution of the Regional Government dated January 19, 2001. No. 19 “On the procedure for reimbursing organizations for expenses associated with providing benefits to residents of the Kaluga region, provided for by the federal laws “On Veterans”, “On Social Protection of Disabled Persons in the Russian Federation”, “On the Status of Military Personnel”, the procedure for reimbursing organizations for expenses associated with providing benefits is determined . Some better than steel pharmacies dispense medicines according to doctors' prescriptions to disabled people in our region in accordance with the List of vital medicines, approved by order of the Russian Ministry of Health dated January 26, 2000. No. 30 and agreed with the Ministry of Finance and the Ministry of Economy of Russia.

But, nevertheless, in most subjects of the Russian Federation, in violation of the above List, which includes more than 400 items of international non-proprietary names of drugs, they limit the prescription of medicines to disabled people on preferential terms to their territorial lists of medicines, which do not include the most important items. This happens despite the fact that a subject of the Federation does not have the right to adopt a list that does not correspond to the federal one.

One of the stages of the process of medical provision for disabled people is Spa treatment . The health resort complex of our country has no analogues in the world. However, some internationally recognized resorts, for example, Caucasian Mineral Waters, which have been formed over centuries, are currently experiencing serious difficulties. Health resorts are empty due to the events in the Chechen Republic, high prices for passenger transport, treatment, food, and the reduction of preferential vouchers (paid for by enterprises and trade unions).

Today, in general, the situation in the country regarding the provision of disabled people and people suffering from various diseases with sanatorium and resort vouchers is complex.

According to the Ministry of Health and Social Development of the Russian Federation, the need for expenses for sanatorium-resort treatment of disabled people and participants of the Great Patriotic War in 2001, according to requests from constituent entities of the Federation, is 2 billion 233.3 million rubles, and actual financing is planned in the amount of 995.8 million rubles.

One of the constitutional rights of citizens proclaimed by the state is the right to education. The Federal Law “On Social Protection of Disabled Persons in the Russian Federation” and “On Education” secures the right of disabled people to pre-school and out-of-school education, to receive basic general and secondary education, primary, secondary and higher vocational education.

For practical implementation by disabled people rights to education Currently in Russia there are educational institutions of various levels, provided with special programs and auxiliary technical means that allow joint education of healthy and disabled people. However, the provision of regular schools with special aids for the unhindered access of people with disabilities, their perception and assimilation educational material, as well as the psychological readiness of students and teachers for joint learning is still insufficient. According to the Ministry of Education of the Russian Federation, only in preschool educational institutions of general and compensatory type, 360.5 thousand disabled children are isolated from healthy children and another 279.1 thousand children are in special (correctional) educational institutions.

Currently, work continues on the next version of the draft law “On the education of persons with disabilities.”

The social protection system of the Russian Federation has its own specialized institutions that provide students with secondary vocational education. These are 30 vocational schools and technical schools. By agreement with Germany, two centers were opened in St. Petersburg and Novokuznetsk, where training is carried out at a higher quality level.

However, along with the positive aspects of reforming the system of vocational education for people with disabilities, it should be noted that the necessary amount of funding for the institutions included in it is not provided, and a system for employment and social adaptation of people with disabilities from childhood upon graduation from correctional educational institutions has not been created.

Inalienable the universal human right of a disabled person is the right to work, despite the fact that his ability to work is limited, the right to work is established by the Federal Laws “On Social Protection of Disabled Persons in the Russian Federation” and “On Employment of the Population in the Russian Federation”, which are aimed at creating real opportunities for disabled people to engage in useful, income-generating activities and provide specific mechanisms for their implementation. To implement

This right requires a clearly expressed state policy to promote the employment of people with disabilities, due to the fact that the position of people with disabilities in the labor market in Russia remains inconsistent with their potential capabilities, and their employment is unreasonably low. Working disabled people make up less than 10% of their total number (5-6 years ago they were 16-18%), employment among disabled people of working age does not exceed 15%. It is especially low for disabled people of groups I and II (8%).

One of the main measures aimed at solving the problem of employment of people with disabilities is the establishment by executive authorities of the constituent entities of the Russian Federation for organizations, regardless of organizational and legal forms, of quotas for employment of this category of citizens. According to the Ministry of Health and Social Development of the Russian Federation, in 2000, about 12 thousand disabled people were employed within the established quota. During 2000, about 86 thousand people applied to the employment service for assistance in finding employment, and assistance was provided in finding employment for 42.7 thousand citizens with limited ability to work.

The most problematic issue of providing disabled people with technical means of rehabilitation in the Russian Federation is free provision of special vehicles. According to the Ministry of Health and Social Development of the Russian Federation and social protection authorities of the constituent entities of the Russian Federation, the number of disabled people in need of vehicles is 156 thousand people, of which 80 thousand disabled people need a car, 76 thousand people need motorized wheelchairs .

Inadequate funding has led to a long waiting list for special vehicles in the constituent entities of the Federation and gives rise to numerous appeals from disabled people to various government agencies.

In violation of Article 30 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation,” the Government of the Russian Federation has not developed a procedure for assigning and paying certain categories of disabled people (excluding war invalids) monetary compensation for expenses on gasoline or other types of fuel, repairs, Maintenance vehicles and spare parts.

For war invalids, the procedure under consideration has been determined by the Government of the Russian Federation. However, its financing leaves much to be desired. According to the information of the Ministry of Health and Social Development of the Russian Federation, the need of the constituent entities of the Federation for expenses on providing vehicles in 2001, while the need for expenses for these purposes for war invalids is 4 million 195.5 thousand rubles, and it is planned to allocate 1 million 247, 9 thousand rubles.

One of the most important components of social protection for people with disabilities is pension provision. Pension provision for disabled people is carried out in accordance with the Federal Law of the Russian Federation “On State Pensions in the Russian Federation”, which contains for them, in comparison with old-age pensioners, seemingly significant advantages. The law stipulates that the disability pension of groups I and II, if they have the necessary length of service, including for those disabled since childhood, is set at 75% of the earnings from which it is calculated. For disabled people, depending on their age, the length of service required is significantly shorter than for old-age pensioners. The latter are entitled to 75% of the rate, according to general rules, with 40 years of experience for women and 45 years for men.

The required length of service for disabled people is determined on a single scale for both men and women. The longest duration of such experience is 15 years.

But although the highest rate of calculation (75%) has been established for disabled people, in practice it does not work, since the pension is limited to three minimum old-age pensions, and as a result, in percentage terms, the actual pension is no higher than 25-30% of earnings.

Federal Law of July 21, 1997 No. 113-FZ “On the procedure for calculating and increasing state pensions” introduced a different method of calculating pensions using the individual pensioner coefficient. However, the new procedure does not introduce significant changes to the financial situation of disabled people. The pensions of most of them today remain below the subsistence level established by the Government of the Russian Federation.

As follows from the information of the Ministry of Health and Social Development of the Russian Federation dated March 7, 2001. and the Pension Fund of Russia dated March 26, 2001. The average size of a disability pension per month is:

for disabled people due to a general illness - 698 rubles;

for disabled people due to a work injury or occupational disease - 716 rubles;

for disabled people due to military trauma - 627 rubles;

for disabled people due to the Chernobyl disaster - 709 rubles;

The average pension for a war disabled person receiving two pensions is 1,652 rubles.

As part of the reform of the Russian pension system, the President of the Russian Federation in June 2001 adopted two new federal laws “On Labor Pensions” and “On State Pension Security in the Russian Federation”, which proposed the following innovations:

it is proposed to consider the disability pension as consisting of a basic, insurance and funded part;

such a pension can be assigned to disabled people with complete (100%) or partial (at least 50%) loss of ability to work (the causes of disability and the time of its onset, except for disability caused by unlawful actions, do not matter);

a prerequisite for her appointment is the presence of work experience;

It is proposed to establish the basic pension amount for disabled people of groups 1, P, III, respectively, 900, 450, 225 rubles. (the specified basic pension amount increases depending on the presence and number of persons dependent on the disabled person);

the size of the basic part of the labor pension in the event of an increase in prices for consumer goods and services is indexed within the limits of funds allocated in the federal budget for the corresponding year for these purposes (the indexation coefficient is determined by the Government of the Russian Federation);

disabled people (disabled from childhood, disabled children) who are not entitled to a labor pension are proposed to be assigned a social pension in the following amounts: disabled children, disabled children of groups I and II, disabled people of group I - 125% of the basic part of the labor pension; disabled people of group II - 100%; disabled people of group III - 85%.

However, the draft laws do not take into account the requirement of Article 2 of the Federal Law “On the Subsistence Wage in the Russian Federation”, according to which a subsistence minimum is determined to justify the established minimum wages, pensions, and the provision of necessary state social assistance to low-income citizens.

Decree of the Government of the Russian Federation dated 02/09/2001. No. 99 "On establishing the cost of living per capita and for the main socio-demographic groups of the population in the Russian Federation as a whole for the fourth quarter of 2000." The minimum subsistence level per capita has been established - 1285 rubles. (for the working population - 1406 rubles, pensioners - 962 rubles, children - 1272 rubles).

A social worker needs to know the legal and departmental documents that determine the status of a disabled person. The general rights of persons with disabilities are formulated in the UN Declaration on the Rights of Persons with Disabilities. Here are some excerpts from this international legal document: “Persons with disabilities have the right to respect for their human dignity”; “Disabled persons have the same civil and political rights as other persons”; “Persons with disabilities have the right to measures designed to enable them to acquire the greatest possible independence”; “Disabled persons have the right to medical, technical or functional treatment, including prosthetic and orthopedic devices, to restoration of health and status in society, to education, vocational training and rehabilitation, to assistance, consultation, employment services and other services.” ; “People with disabilities must be protected from any kind of exploitation.”

Even earlier, in July 1992, the President of the Russian Federation issued a Decree “On scientific support for the problems of disability and disabled people.” In October of the same year, decrees “On additional measures of state support for people with disabilities” and “On measures to create an accessible living environment for people with disabilities” were issued.

The Law “On Social Services for Elderly and Disabled Citizens” formulates the basic principles of social services for elderly and disabled citizens:

respect for human and civil rights; provision of state guarantees in the field of social services; equal opportunities to receive social services; continuity of all types of social services; orientation of social services to the individual needs of elderly citizens and people with disabilities; responsibility of government bodies at all levels for ensuring the rights of citizens in need of social services, etc. (Article 3 of the Law).

Social services are provided to all elderly citizens and people with disabilities, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations and other circumstances (Article 4 of the Law).

Social services are provided by decision of social protection authorities in institutions under their jurisdiction or under agreements concluded by social protection authorities with social service institutions of other forms of ownership (Article 5 of the Law).

Social services are provided exclusively with the consent of people who need them, especially when it comes to placing them in stationary social service institutions. In these institutions, with the consent of those served, labor activities can be organized under the terms of an employment contract.

Persons who have entered into an employment contract receive the right to annual paid leave of 30 calendar days.

The law provides for various forms of social services, including:

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

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

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

Urgent social services (usually in urgent situations: catering, provision of clothing, shoes, overnight accommodation, urgent provision of temporary housing, etc.);

Social counseling assistance.

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

Social services are provided free of charge:

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

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

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

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

The Law “On Social Services for Elderly and Disabled Citizens” divides the social service system into two main sectors - state and non-state. The public sector is formed by federal and municipal social service agencies.

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

The law provides for benefits for priority receipt of appropriately equipped housing. In particular, disabled people and families with disabled children are given a discount of at least 50% on rent and utility bills, and in residential buildings that do not have central heating - on the cost of fuel. Disabled people and families that include disabled people are given the right to priority receipt of land plots for individual housing construction, gardening, and farming (Article 17 of the Law).

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

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

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

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

A social worker also needs to know problems that have not been solved by legislation or have been solved but not implemented in practice. For example, the Law “On Social Protection of Disabled Persons in the Russian Federation” does not allow the production of vehicles that do not have adaptations for the free use of urban modes of transport by disabled people, or the commissioning of housing that does not provide adaptations for the free use of this housing by disabled persons (Art. 15 of the Law). But are there many buses and trolleybuses on the streets of Russian cities equipped with special lifts, with the help of which disabled people in wheelchairs could climb onto a bus or trolleybus independently? Both decades ago and today, residential buildings are put into operation without any devices that would allow a disabled person to freely leave his apartment in a wheelchair, use an elevator, go down a ramp onto the sidewalk adjacent to the entrance, etc., etc. Data The provisions of the Law “On Social Protection of Disabled Persons in the Russian Federation” are simply ignored by everyone who is legally obliged to create the necessary conditions for the normal life of disabled people.

The current legislation practically does not protect the rights of children with disabilities to a decent and secure existence. The legislation provides for such amounts of social assistance for children with disabilities that directly push them to any work, since a person deprived of everything necessary since childhood is not able to live on a disabled pension.

The average pension in Russia as of January 1, 2000 was 640 rubles. And in many regions these pensions are not paid on time, with delays of up to a year. Under such conditions of pension provision, pensioners are doomed to extinction.

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

21. Medical and social aspects of working with people with disabilities .

A disabled person is a person who has a health impairment with a persistent disorder of body functions caused by a disease, the consequence of injuries or defects. This definition of the concept of “disabled person” assumes that in the complex of measures for social care for the employment and life of a person with disabilities, a significant place is given to the medical and social direction.

A complete or partial loss of the ability or ability to carry out self-care, move independently, or participate in work activities is caused in a disabled person, as a rule, by a previous illness or injury, which leads to a limitation of his life activity.

Previous illnesses that lead to disability even before starting work rank second among other causes of disability. A significant proportion of disabled people have a history of such serious diseases as cerebral palsy (CP), organic lesions of the central and peripheral nervous system, damage to the musculoskeletal system, visual impairment, congenital defects and other pathologies. All this indicates that caring for a disabled person should be considered in conjunction with the provision of medical and social assistance to each individual patient.

A social worker must be ready to provide assistance to a disabled person on a number of issues of a legal, psychological, pedagogical and, very important, medical and social nature.

In the fundamentals of the legislation of the Russian Federation on protecting the health of citizens, the article on the rights of people with disabilities states: “Disabled people, including disabled children and people with disabilities since childhood, have the right to medical and social assistance, rehabilitation, provision of medicines, prostheses, prosthetic and orthopedic products , means of transportation on preferential terms, as well as for vocational training and retraining. Disabled and disabled people have the right to free medical and social care in institutions of the state or municipal health care system, to care at home, and in case of inability to satisfy the basic needs of life - to maintenance in institutions of the social protection system."

The guaranteed rights of this category of citizens come into force upon receipt of the official status of a disabled person, and therefore a social worker must know the procedure for sending citizens for a medical and social examination, which, however, often becomes a complex and difficult procedure for disabled people.

Medical and social examination establishes the cause and group of disability, the degree of disability of citizens, determines the types, scope and timing of their rehabilitation and social protection measures, and gives recommendations on the employment of citizens.

Citizens who have signs of persistent disability and disability and are in need of social protection are sent for medical and social examination: with an obvious unfavorable clinical and work prognosis, regardless of the duration of temporary disability, but not more than 4 months; with a favorable labor prognosis in case of continuing disability for up to 10 months (in some cases: injuries, conditions after reconstructive operations, tuberculosis - up to 12 months) to decide on continuing treatment or establishing a disability group; working disabled people to change the work recommendation in case of worsening clinical and work prognosis.

A special role in providing assistance to people with disabilities is assigned to a social worker in health care institutions.

The task of a medical and social specialist who has knowledge of the psychophysiological characteristics of people with disabilities, according to the reason that led a person to this condition, is to determine the degree of possibility of his participation in work, assistance in adapting to new conditions, determining a diet and creating an appropriate lifestyle.

When providing medical and social assistance to disabled people, a social worker is guided both by the needs of the disabled person himself and by the appropriateness and usefulness of the activities carried out in the specific conditions of residence and stay of the patient (in a boarding home, in other institutions). The interest of the disabled person himself in carrying out social programs is of great importance.

It should be noted that medical and social services satisfy those needs of a disabled person that do not find their solution in reality, in the conditions of the economic crisis and emerging market relations in our country. A social worker, providing medical and social assistance, eliminates the dissatisfaction of this category of the population with the activities of practical health care bodies and thereby creates a certain balance in matters of medical support.

Caring for disabled people and, to a certain extent, solving medical issues, a social worker influences the patient’s lifestyle and contributes to his mental rehabilitation.

During patronage work, the social worker takes special care of families with disabled children. It is important not only to register a disabled child, but also to analyze the social situation in the family. Disabled children need constant care and supervision, which poses considerable difficulties for parents when everyday communication with them, providing for their vital needs (feeding, dressing, bathing, etc.).

The duties of a social worker include organizing medical care for people with disabilities. A social worker, together with medical workers of a territorial clinic or dispensary, provides organizational assistance during medical and social rehabilitation in a hospital setting or at home, helps in organizing sanatorium-resort treatment, facilitates the acquisition of necessary exercise equipment, vehicles, corrective devices, and organizes medical treatment according to indications. genetic consultation for parents of sick children. There is often a need to provide dietary nutrition to disabled children suffering from diabetes, kidney failure and other diseases.

One of the important activities of all organizations and services that provide assistance to people with disabilities is the creation of conditions for maintaining the health and well-being of those who temporarily find themselves in difficult situations of an economic or social nature. Such measures include providing additional jobs for people with disabilities, organizing production at home for them, etc.

Legal basis for social protection of disabled children. Thesis: Social and legal protection of people with disabilities. social protection disabled person

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Introduction

Chapter I. Historical and comparative analysis of social protection of disabled people

1.2 Foreign experience in social and legal protection of disabled people

Chapter II. Legal status of disabled people in the Russian Federation

2.1 Rights of persons with disabilities under the legislation of the Russian Federation

2.2 Legal framework for social protection of disabled people in Russia

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INTRODUCTION

LEGAL FRAMEWORK OF SOCIAL PROTECTION

DISABLED PEOPLE

MAIN SOCIO-DEMOGRAPHIC CHARACTERISTICS