Fundamentals of social protection of disabled people in the Russian Federation. Documents helping people with disabilities. Legal basis for social protection of disabled people in Russia

Topic 17. Technologies of social work with disabled people

1. The concept of disability and its types.

2. Legal basis for social protection of disabled people.

3. Medical and social aspects of the protection of disabled people.

4. Managerial aspects of caring for people with disabilities.

Technologies of social work with disabled people.

The concept of disability and its types

A disabled person is a person who has a health impairment with a persistent disorder of body functions, caused by a disease, the consequences of injuries or defects, leading to limited life activity and necessitating his social protection.

Limitation of life activity is a complete or partial loss of a person’s ability or ability to provide self-care, move independently, navigate, communicate, control one’s behavior, learn and engage in work.

Cripples, blind, deaf, dumb, people with impaired coordination of movement, completely or partially paralyzed, etc. are recognized as disabled due to obvious deviations from the normal physical condition of a person. Persons who have no external differences from ordinary people, but suffer from diseases that do not allow them to work in various fields as healthy people do, are also recognized as disabled. For example, a person suffering from coronary heart disease is not able to perform heavy physical work, but he is quite capable of mental activity.

All disabled people are divided into several groups for various reasons.

According to the age - disabled children, disabled adults.

By origin of disability: disabled since childhood, war disabled, labor disabled, disabled from general illness.

By degree of work ability: disabled people able to work and incapable of work, disabled people of group I (unable to work), disabled people of group II (temporarily disabled or able to work in limited areas), disabled people of group III (able to work in benign working conditions).

According to the nature of the disease disabled people may belong to the mobile, low-mobility or immobile groups.

Depending on membership in a particular group, issues of employment and organization of life for disabled people are resolved. Low mobility disabled people (able to move only with the help of wheelchairs or crutches) can work from home or have them transported to their place of work. This circumstance causes many additional problems: equipment of the workplace at home or at the enterprise, delivery of orders to the home and finished products to the warehouse or consumer, material, raw materials and technical supplies, repairs, maintenance of equipment at home, allocation of transport for delivering a disabled person to work and from work, etc.

The situation is even more complicated with immobile disabled people who are bedridden. They cannot move without assistance, but are able to work mentally: analyze socio-political, economic, environmental and other situations; write articles, works of art, create paintings, engage in accounting activities, etc.

If such a disabled person lives in a family, many problems can be solved relatively simply. What if he's lonely? Special workers will be required who would find such disabled people, identify their abilities, help receive orders, conclude contracts, purchase the necessary materials and tools, organize sales of products, etc. It is clear that such a disabled person also needs everyday care, starting with the morning toilet and ending with providing food. In all these cases, disabled people are helped by special social workers who receive wages. Blind but mobile disabled people are also assigned workers paid by the state or charitable organizations.

Legal basis for social protection of disabled people

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 legal international document:

“People 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”;

“Persons with disabilities 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.”

Fundamental legislative acts on disabled people have been adopted in Russia. The following legislative acts are of particular importance for determining the rights and responsibilities of people with disabilities, the responsibility of the state, charitable organizations, and individuals:

Law on Social Protection of Persons with Disabilities
Law on compulsory social insurance against accidents
Resolution on benefits for disabled people and families with disabled children
Law on Charitable Activities and Charitable Organizations
Disability examination
Rights and benefits

Social services are provided by decision of social protection bodies in institutions subordinate to them or under agreements concluded by social protection bodies with social service institutions of other forms of ownership.

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.

Various forms of social services are provided, 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 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 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%.

The sphere of social services for people with disabilities is divided into two main 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, including 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 bodies, enterprises and organizations, regardless of their form of ownership.

The law establishes payment terms medical services services provided to disabled people, reimbursement of expenses incurred by the disabled person himself, 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 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.

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 disabled people, 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 disabled people is set as a percentage of average number 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 disabled 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 work specialists 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” does not allow the production of vehicles that do not have adaptations for the free use of urban modes of 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. 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, 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. and so on.

These provisions of the Law “On Social Protection of Disabled Persons” 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 who has been deprived of everything necessary since childhood cannot live on a disability pension.

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 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 in better side 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 ones. strollers. For a social worker, this example is important because it suggests: among the disabled there are many talented master organizers.

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.

The purpose of training– providing assistance in professional development practical workers dealing with the problems of social protection of people with disabilities, the formation of specialists who will be able to apply scientifically based methods and means to solve managerial and other specific problems encountered in the everyday life of people with disabilities disabilities.

1. Theoretical and organizational foundations of social protection of disabled people

1.1 Disability as a social problem.

1.2 The structure of disability and the situation of disabled people in Russia.

2. Legal basis for social protection of the interests of people with disabilities

2.1 International legal framework for protecting the interests of persons with disabilities.

2.2 Federal legal framework for social work with disabled people.

2.3 Regional legal framework for social work with disabled people (using the example of the Moscow region).

3. Historical experience of social work with disabled people

3.1 Historical aspects of social work with disabled people in Russia.

3.2 Social work with disabled people in the context of social policy of the Russian Federation.

3.3 Foreign experience in social work with disabled people.

4. Technologies of social work with disabled people

4.1. Main directions of technology of social work with disabled people.

4.2. The essence and content of social rehabilitation of disabled people.

4.3. Technology of social diagnostics: goals, stages and methods of implementation.

4.5. Technology of psychological and pedagogical influence in working with disabled people.

4.6. Technology of social adaptation in working with disabled people.

4.7. Technology of social therapy and methods of its implementation in working with disabled people.

4.8. Technology of social work with disabled children.

4.9. Technology of social work with disabled people of working age and elderly.

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.
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(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 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 (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 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.

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.

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, 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, 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 of social work is to find these people, assist them in organizing their work, form a team around them and thereby help many.

Social and legal protection of disabled people

FEDERAL AGENCY FOR EDUCATION

named after K. E. TSIOLKOVSKY

INSTITUTE OF SOCIAL RELATIONS

Student's thesis

SOCIAL AND LEGAL PROTECTION OF DISABLED PEOPLE

Scientific supervisor: Ph.D. n. Kazakova S. P.

KALUGA 2001

Introduction

3. 2 Kaluga city public organization of disabled people "Muromets"

Bibliography

Introduction

The objective need to support disabled members of society has existed since ancient times. Over the centuries, this function has been performed by the church, charities, public charity organizations, mutual aid societies and others.

insurance, private charity, etc.

In modern socio-economic conditions, one of the most important tasks of society is state support and social protection of people with disabilities. In Russia, the rights of people with disabilities to participate in society and protect their interests are secured by federal legislation and a number of by-laws. They are aimed at providing people with disabilities equal opportunities with other citizens to realize civil, economic, political and other constitutional rights and freedoms. In the Basic Law of the state, the rights and freedoms of people with disabilities are not separately specified, but are provided along with all citizens of Russia, thereby ensuring their equality.

Currently in Russia there are 7284 million disabled people registered with the social protection authorities (data as of January 1, 2001). In the country, over one million people are recognized as disabled annually for the first time, of which more than 50% are of working age. There is also an annual increase in the number of disabled children. Since 1992, more than one million people are recognized as disabled annually, so everyone can estimate how many of them we actually have.

Several years ago, the UN General Association decided to celebrate the International Day of Persons with Disabilities on December 3 every year. The goal was the most humane - to attract the attention of the state and the public to their problems. Finally, we not only started talking about people with disabilities, but also began to take certain measures to support them.

The thesis shows in what ways our state helps this category of the population, that the state creates opportunities for people with disabilities that are different from other citizens in the implementation of citizens, economic, political and other rights in accordance with social principles and norms of international law, at least there is a shift in the problems of people with disabilities towards their solution.

Before the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” came into force, the implementation of the principle of equal rights of disabled and non-disabled people and the prohibition of discrimination against a person on the basis of disability were absent in the Russian Federation, which in reality made it difficult for disabled people to exercise a number of rights established for them by law. For example, the majority of disabled people, due to the conditions for movement in public transport not created by the state, the entry and exit of wheelchairs into residential and educational buildings, the absence or insufficiency of special training programs, could not fully use social infrastructure facilities. However, after the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” came into force in 1996, which, taking into account world practice, defined the concept and criteria of disability, the situation changed for the better. The law focuses not on complete or partial loss of ability to work, but on the need for social assistance due to a persistent disorder of body functions, the competence of federal bodies for social protection of this category of citizens was determined, and the rights and benefits provided to people with disabilities were established. But most importantly, questions were raised aimed at solving problems associated with the adaptation of objects of the physical and information environment to the normal life of a disabled person.

Currently, fundamental changes are taking place in approaches to defining and solving disability problems in accordance with international standards. Disabled persons began to be recognized not only by persons whose ability to work was reduced or lost, but also by citizens who had other limitations in their ability to live (self-care, movement, communication, orientation, control over their behavior, learning). This entailed a change in state policy towards people with disabilities: strengthening the rehabilitation focus, structural restructuring and reorganization of examination and rehabilitation services for people with disabilities, development of the rehabilitation industry system and the formation of a domestic market for technical means of rehabilitation, ensuring an accessible living environment for people with disabilities.

“A disabled person,” says the Law “On Social Protection of Disabled Persons in the Russian Federation, is a person who has a health disorder with a persistent disorder of body functions, caused by diseases, consequences of injuries or defects, leading to limitation of life activities and causing the need for his social protection.” “Limitation life activity,” the same law explains, “is a complete or partial loss of a person’s ability or ability to carry out self-care, move independently, navigate, learn and engage in labor activity.”

person.

Persons who have no external differences from ordinary people, but suffer from diseases that do not allow them to work in various fields as healthy people do, are also recognized as disabled. For example, a person suffering from coronary heart disease is not able to perform heavy physical work, but he is quite capable of mental activity. But all disabled people need social protection and rehabilitation

Social protection is a system of permanent and (or) long-term economic, social and legal measures guaranteed by the state, providing people with disabilities with conditions for overcoming, replacing (compensating) limitations in life and aimed at creating equal opportunities for them to participate in society with other citizens.

Currently, Russia is undergoing a reform of the state social security system in order to bring it into line with the new socio-economic reality. The legal basis for the reform is determined by the Constitution of the Russian Federation of 1993,

Relevance of the problem At the present stage of development of society, in the Russian Federation, these issues concern over 9 million of its citizens who are recognized as disabled in the prescribed manner and are registered with the social protection authorities - almost every third Russian.

Along with the growth in the number of disabled people, there are trends in qualitative changes in their composition. The number of disabled people among people of working age has increased; they make up 45% of the number of citizens initially recognized as disabled. Over the last decade, the number of disabled children has increased: if in the RSFSR in 1990 155.1 thousand such children were registered with the social protection authorities, then in the Russian Federation in 1995 this figure increased to 453.7 thousand, and in 1999 - up to 592.3 thousand children. Every year in Russia 50 thousand children are born who are disabled from childhood.

IN last years There is an increase in the number of disabled people due to war trauma. Currently, their number is almost 42.2 thousand people. In the general contingent of disabled people, men make up 55.2%, women - 44.8%, in each age group the level of general disability among men is higher than among women.

Persons of retirement age make up 80% of the total number of disabled people, disabled people of the Great Patriotic War - more than 15%, disabled people of group I - 12.7%, group II - 58%, group III - 29.3%.

in first place are diseases of the cardiovascular system (22.6%), followed by malignant neoplasms (20.5%), then injuries (12.6%), respiratory diseases and tuberculosis (8.06%), in fifth place there are mental disorders (2.7%).

Target

Object

Subject of study

Hypothesis- increasing the level and improving the quality of life is a factor in reducing social tension and strengthening the social security of Russia.

The thesis stated the following: :

1. consider historical aspects of social protection of disabled people;

2. study foreign experience;

3. analyze the legal status of people with disabilities in the Russian Federation at the present stage of development of society;

4. conduct an analysis of the activities of Kaluga social centers for the protection of persons with disabilities

In the study we proceeded from hypotheses, according to which the mechanism of social and legal protection of disabled people in the Russian Federation and the Kaluga region in particular is at the initial stage of its development and meets the current socio-economic conditions.

The theoretical and methodological basis of the thesis consists of the works of leading experts in social law, sociology, theory of social technologies, theory and practice of social protection of the population.

methods analysis, comparison, modeling.

The work uses statistical data from the State Statistics Committee and statistical data for the Kaluga region, reflecting the dynamics of the number of disabled people, its structure, as well as data on providing disabled people with technical means of rehabilitation and sanatorium and resort vouchers.

The practical significance of the thesis lies in the fact that its results should show the real situation that has developed in our country regarding this problem, as well as that existing abroad.

1. History of the formation of social protection for people with disabilities

1. 1 History of the formation of social protection in Russian history

primitive culture and was satisfied to one degree or another at all stages of the development of civilization.

(i.e., charitable institutions for charity and maintenance of persons unable to work), less often mention is made of the ransom of prisoners, hospitals and schools. Back in 996, Grand Duke Vladimir, who showed great mercy towards orphans, entrusted the care and supervision of children left without parents to the clergy. From that time on, the state and the church developed a system of charity for orphans, the poor and the needy. But all these measures were episodic in nature.

In the middle of the 16th century. For the first time, the idea of providing assistance to those in need is formulated, and real prerequisites are created for the formation of a system of state charity. In 1551, the Hundred-Glavy Council of the Russian Orthodox Church decided to ask the “pious Tsar” to order “all lepers and the elderly to be described in all cities” and “to establish almshouses” in them, placing in the latter “those who cannot bow their heads anywhere.”

Gradually, specialized structures are being identified in the system of government bodies to provide assistance to those in need. Under Tsar Mikhail Fedorovich, all matters related to the charity of the poor were concentrated in the patriarchal order, which simultaneously exercised control over the maintenance of almshouses, orphanages and other charitable institutions; allocating for these purposes the remainder of the patriarchal and monastic incomes. At that time, issues related to the provision of medical care were dealt with by a special pharmacy order. The first attempts to legislate the remaining programs date back to this period of time. Under Tsar Alexei Mikhailovich, the Pilot's Book was published in 1650; which had legislative force and charged the church and clergy with caring for widows and orphans.

By the end of the 16th century. In Rus', three main areas of charity and social assistance to those in need have historically emerged and developed: state, zemstvo-church-parish and private (personal). The entire subsequent socio-historical period of time: until 1917, charity and trusteeship in the Russian Empire developed precisely within the framework of these three main directions, the forms and methods of providing assistance to those in need changed depending on the specific socio-economic conditions and characteristics of the socio-economic development of the state "

Peter I made a significant contribution to the creation of a system of state charity. Among his many services to Russia, it is necessary to include the fact that he was the first to recognize the state’s responsibility to provide charity to the poor, sick, crippled, orphans and other categories of needy people. By 1718, more than 90 almshouses had been established in Moscow alone, in which up to 4,500 poor, weak and crippled people lived, receiving support from the treasury.

Many decrees of Peter 1 were devoted to issues of state charity. Thus, the decree of 1712 obliged to organize networks of hospitals “for the most crippled” and “very elderly” people in all provinces. Their construction and maintenance were entrusted to the magistrates.

"shameful babies" (illegitimate).

A decree of 1724 ordered a census of all beggars, sick and disabled orphans, “who cannot feed themselves by working,” to be carried out within the empire.

The system of state charity of Peter 1 included several elements:

prohibition of the distribution of alms to professional beggars;

then, in any case, such national institutions as monasteries, and the allocation of funds for their charity that local institutions do not have at their disposal). This establishment can be considered as the beginning of the creation of a system of benefits for veterans in need of help and support from the state; "separation of the management of certain special types of assistance to those in need (mainly food and medical care);

recognition of the state's right to create mandatory norms in the field of charity and assistance to those in need and to demand their implementation.

Significant additions to this system were made during the reign of Catherine TT. In 1763, with her participation, the first educational home in Russia was opened - a specialized institution for the care and education of children. In each of the Russian provinces, special state charity bodies (orders) were created. They were entrusted with performing a wide range of tasks - caring for public education, provision of medical care, charity, moral education and overcoming vices. They were engaged in the establishment of public schools, orphanages, hospitals, shelters for the terminally ill, almshouses, restraining houses, and cared for the unemployed.

Under Catherine TT, specialized types of charitable institutions were created for the first time, which practically did not exist before the establishment of orders. Previously, hospitals often served as almshouses, homes for the terminally ill, and hospitals at the same time. Almshouses were replenished with both adults and children, healthy and sick. And only in the last quarter of the KhUNT century, the so-called pure types of charitable institutions were formed in our country: orphanages and children's shelters, almshouses and homes for the terminally ill, hospitals, workhouses, strait and for the insane. 4

In the conditions of the industrial revolution, which laid the foundation for capitalism and marked the transition to new forms of labor, social assistance is based mainly on the principles of public charity of a philanthropic nature.

In the future, this concept gives way to the ideas of providing sick and disabled people with a certain degree of economic independence. For the first time, the definition of the concept of “rehabilitation” appears, given by von Bus in the book “The System of General Care of the Poor” (1903). Rehabilitation at this time is understood as providing sick and disabled people with the opportunity to work. At the same

Nowadays, in scientific research and in practical work in foreign countries, the prevailing idea is that a sick or disabled person who has completed a rehabilitation course must prove his right to social fullness through his further activities.

By 1917, thousands of state and charitable institutions operated in Russia. These institutions did not function equally well everywhere. But the system worked, in these houses, brothels, hospitals and almshouses, poor people found help, a piece of bread, a roof over their heads, and kindness.

Three months after the October Revolution of 1917, the Soviet government, in place of the former network of almshouses and almshouses, established social welfare authorities, whose department created orphanages, homes for the disabled, and the elderly. The concept of "charity" was removed from the official lexicon as a Christian relic. At the same time, the state policy towards disabled people continued the tradition of considering disabled people as an object of charity and mainly amounted to assigning them a state pension or placing them in specialized homes for the disabled,

In the USSR, certain measures were taken to use the professional opportunities of persons with impaired ability to work in conditions of guaranteed social protection by the state. At the same time, work on vocational guidance, education, industrial adaptation and employment of disabled people was insufficient.

to realize a number of constitutional rights, primarily due to the unsuitability of vehicles and buildings for the movement of wheelchair users, the unpreparedness, for example, of educational institutions to train them, and the lack of educational programs that reflect the specifics of teaching disabled people.

On the other hand, the sense of compassion that remained among citizens often provided invaluable assistance to disabled people at the everyday level.

To influence public opinion regarding people with disabilities and develop recommendations to governments on this issue, the United Nations declared 1981 the Year of the Disabled Person, and the period 1983 - 1992. - A decade of disabled people. At the beginning of the UN Decade, the World Program of Action for Persons with Disabilities was also adopted.

In 1991, our country adopted the Law “On the Basic Principles of Social Protection of Disabled Persons in the USSR,” which established the basic principles and directions for solving the problem of disabled people.

Further Russian Federation, focusing on the achievements of Western civilization, proclaimed 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. Declaration of Social Progress and Development of 1969. Declaration of the Rights of Persons with Disabilities 1975, Standard Rules on the Equalization of Opportunities for Persons with Disabilities 1993. World Program of Action for Persons with Disabilities, etc.

aimed at a gradual solution to the problem of people with disabilities. In 1995, the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” was adopted, in which, for the first time in domestic legislation, the priority of the state’s social policy towards disabled people becomes rehabilitation, i.e. a system of medical, psychological, pedagogical, socio-economic measures aimed at elimination and possibly more complete compensation of limitations in life activity caused by health problems with persistent impairment of body functions. The goals of rehabilitation are the restoration of the social status of the disabled person, his achievement of financial independence and his social adaptation.

In pursuance of this 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 resolutions on the establishment of medical and social examination bodies, on recognizing a person as disabled, on an individual rehabilitation program for a disabled person, educational aspects of disabled people, etc.

1. 2 Foreign experience in social and legal protection of disabled people

In social practice, the idea of equal rights of citizens began to be widely implemented only in the 20th century, and primarily through the protection of equal rights with others for certain segments of society.

Disabled people were the last in a line of those who acquired equal rights with everyone else in the West. Society did not immediately realize that there is no point in democracy if there is social isolation of people with disabilities. Nowhere has the well-being of disabled people come on its own. They fought for him with pickets and rallies. The struggle went in two directions: for the right to have equal conditions and opportunities with other people and for the right to development

innate abilities of the individual, the right to live independently, meaningfully, actively.

The social protection systems for people with disabilities that have developed in developed countries include a number of interrelated elements, represented by the normative consolidation of the rights of people with disabilities, the rights and responsibilities of government bodies, public and charitable organizations, and the forms and methods of their activities in this area.

Constitutional and other normative enshrinement of the principle of equal rights of disabled and non-disabled people, the prohibition of discrimination against a person on a number of grounds, including due to disability, is typical for the legislation of a number of foreign countries.

Expressed and justified by the enlighteners of the 17th century in the concept of natural human rights, the idea of the equality of all people on Earth, as a legal principle, was enshrined in the Declaration of Independence of SITA in 1776. It was later reflected in the Declaration of the Rights of Man and Citizen of France in 1789, and in other acts .

The achievement of world civilization in the humanitarian sphere was the adoption by the UN of the Universal Declaration of Human Rights in 1948. It did not directly include sections on the treatment of people with disabilities, but it proclaimed the equality of rights of “all people without exception.”

This was followed by the adoption of the UN Declaration of the Rights of Persons with Disabilities in 1975. “Disabled persons,” it says, “whatever may be the origin, nature and severity of their impairment or disability, have the same fundamental rights as their fellow citizens of the same age, which primarily means the right to a satisfactory life that is as normal and full-blooded as possible."

The principle of equal rights for people with disabilities and non-disabled people assumes that the needs of all individuals without exception are equally important. The means available in society should be used in such a way as to create living conditions for disabled people in which they could carry out all human forms of activity characteristic of each person in a given society.

In the United States of America, the rights of people with disabilities are enshrined in law and included in the general system civil rights prohibiting discrimination against a person. The basic legal act in this matter is the 1990 Law “On Persons with Disabilities,” which protects at the federal level the rights of this social group and prohibits its discrimination in labor relations, in government agencies, in public places, trade, and transport. The law directs all levels of government to ensure that persons with disabilities have “equal access to the benefits of a variety of activities, programs and services.” This includes using public education, health care, social services, courts, polling places, and town meetings. The law requires that "reasonable changes in policies, practices and procedures be made to avoid discrimination against persons with disabilities." In addition, the corresponding public services and construction companies must take into account the characteristics of people with disabilities when constructing new and renovating existing buildings and structures in order to facilitate access to them for people using wheelchairs. Public transport administrations should not discriminate against people with disabilities when providing their services. It is supposed to provide disabled people with adequate facilities when boarding, disembarking and traveling, or to provide special vehicles for those disabled people who are unable to independently use conventional forms of public transport. The US Employment of Persons with Disabilities Act prohibits discrimination against them in hiring, promotion, vocational training, and remuneration.

An amendment was made to the Basic Law of Germany in 1994 with the following content: “No one should be disadvantaged because of their disabilities (mental or physical).” Currently, the Federal Republic of Germany has completed the procedure for the adoption of Section IX of the Code of Social Legislation (Rehabilitation and participation of persons with disabilities in society), which summarizes legal regulations relating to issues of rehabilitation and ensuring the rights of persons with disabilities. The amendment made to the Code came into force on July 1, 2001.

The 1995 “On Non-Discrimination of Persons with Disabilities” also includes the principle of equal rights for persons with disabilities and non-disabled persons.

"On the rights of persons with disabilities and ensuring equal opportunities for them" 1998.

There are 36 laws in China that guarantee the rights and interests of people with disabilities.

The availability of statistical data on the number of disabled people in the country, forecasting and identifying the dynamics of growth in the number of disabled people, the causes of disability, developing a system of measures to prevent it, and determining the possible costs of the state for these purposes are important.

million people) have congenital or acquired disabilities, one in ten people suffers from physical, mental or sensory defects and at least 25% of the total population suffers from health disorders. Approximately one in four families has a disabled person.

These figures speak eloquently of the scale of the problem and, in addition to its universal nature, indicate the widespread prevalence of this phenomenon in any country, especially in countries with large populations. According to the information and reference material of the Ministry of Foreign Affairs of the Russian Federation (ref. No. 653/dhpch dated April 25, 2001), there are more than 60 million disabled people in China, which is 5% of the population, in the USA there are 54 million disabled people, which is 19%.

The forecasts for the growth dynamics of the number of disabled people in the world, especially those of active working age, are alarming; for example, in Canada over the next 15 years, their number may more than double. The situation is assessed as the most unfavorable among the indigenous population, where almost 30% of the adult population suffers from mental and physical disabilities - a figure that is more than 2 times higher than the national average (information from the Russian Ministry of Foreign Affairs of April 25, 2001). 1 ()

The growth of people with disabilities on an international scale is explained both by the growth of the indicator itself, indicating the deterioration of the health of the planet’s inhabitants, and by the expansion of the criteria for defining disability, primarily in relation to the elderly and especially children. In the general contingent of disabled people, men make up more than 50%, women - more than 44%, 65-80% are elderly people.

diseases of the cardiovascular system (more than 25%);

malignant neoplasms (more than 22%);

injuries (more than 14%);

respiratory diseases and tuberculosis (about 8%);

mental disorders (about 3%).

Among the class of diseases of the circulatory system, the leading place is occupied by cerebrovascular diseases (more than 35%) and ischemic disease heart (more than 37%), the level of which is 15.1 and 14.8 cases per 10 thousand population.

The prevalence of disability is generally higher among urban populations compared to rural residents.

priorities of these countries is the problem of preventing disability and preventing childhood disability (information from the Russian Ministry of Foreign Affairs of April 25, 2001)."

The term “disability prevention,” according to the Standard Rules for the Equalization of Opportunities for Persons with Disabilities, means the implementation of a set of measures aimed at preventing the occurrence of physical, mental, mental and sensory defects (first-level prevention) or at preventing the transition of a defect into a permanent functional limitation or disability (prevention second level).

In the Federal Republic of Germany, according to the Code of Social Legislation, special attention from the state is paid to the rehabilitation of people with disabilities and measures for early detection of the disease using all available means to involve them as fully as possible in the full life of society, eliminating or reducing the consequences of the disease.

At the initial stage, as a rule, services are provided medical nature; treatment in hospitals, resort and sanatorium organizations and 19 special rehabilitation centers (with 3,200 beds) through therapeutic exercises and sports, massage, special therapy taking into account the nature of the disability. The centers manufacture prosthetics and provide orthopedic and other aids. In this case, preference is given, if possible, to outpatient treatment.

At the second stage of rehabilitation measures, assistance is provided (taking into account physical capabilities, inclinations, professional suitability and experience) in obtaining the necessary skills for subsequent work in the labor market, vocational training and retraining. These goals are served by 28 vocational education institutions for adults (for 15 thousand places), the curriculum of which includes the acquisition of professions in the field of trade, management, industry, technology, as well as in the field of health and social services. If necessary, accommodation in a boarding school is possible.

For people with mental disabilities, 8 special training centers with similar tasks have been established (for 457 places).

Young people who are under the supervision of doctors, psychologists and teachers and for whom industrial training is contraindicated for health reasons, learn the basics of professions suitable for them in one of 46 special educational institutions (12.3 thousand places in total).

In the USA, Great Britain, Canada, Germany, as a result of the implementation of national programs for the prevention of childhood disability, almost 100% of newborns are examined for hereditary diseases- phenylketonuria and congenital hypothyroidism, which allows for timely detection of these diseases, targeted treatment and avoid delays in the mental development of the child. Through the use of cytogenetic and perinatal studies, it is prevented

the birth of children with genetic and congenital diseases. Early audiological diagnostics makes it possible to identify children suffering from congenital deafness and carry out early rehabilitation.

The experience of these states in determining possible costs and the actual allocation of funds for the implementation of rehabilitation measures is positive. According to data for 1999, in Germany (6.6 million disabled people) 53 billion marks (about 675.2 billion Russian rubles) were allocated for these purposes alone, in Canada (4.2 million disabled people) - about 1, 5 billion Canadian. dollars (about 27 billion rubles), in the UK (5 million disabled people) - about 1 billion f. Art., which is 41 billion rubles. (information from the Russian Ministry of Foreign Affairs dated April 25, 2001). 13

them or coordinating issues of social protection of disabled people.

Since the mid-70s, a number of countries around the world have adopted special legislation on the problems of people with disabilities. They are of practical interest for Russia.

In Germany, for example, there are three forms of social protection for people with disabilities, namely social insurance, compensation and assistance.

About disabled people 1974;

On the Uniformity of Rehabilitation Measures, 1974;

On the fight against unemployment among disabled people in 2000;

Code of Social Legislation.

These acts contain legal regulations concerning issues of ensuring the rights and rehabilitation of people with disabilities, including guarantees of their voting rights, training, education, use of public transport, special equipment for workplaces, improving their position in the labor market, and reducing unemployment of this category of the population.

The legislative basis for the system of protecting the rights of people with disabilities in the UK is the laws:

National Assistance Act 1948;

About disabled people 1986;

Social Security Act 1994;

These laws, along with constitutional rights; proclaim the rights of people with disabilities to training and education, easier and more convenient access to consumer goods, social services, educational institutions and housing, and to get a job. Laws and regulations require that all railway trains put into service must be fully equipped for the carriage of disabled people, including easy access for wheelchairs. Since the end of 2000, these rules have been extended to new city and long-distance buses.

In the implementation of social protection programs for people with disabilities in developed countries of the world, along with government agencies, public organizations and charitable unions participate.

Ministry of Education (Department of Special Educational Programs);

Department of Health and Human Services (Office for Civil Rights);

Ministry of Labor (Office of Labor Agreement Programs);

Ministry of Transport (Federal Administration of Urban Transport under the Ministry);

Department of Veterans Affairs (disabled veterans);

Civil Rights Commission;

Equal Employment Opportunity Commission, etc.

Ministry of Human Resource Development (Bureau of Persons with Disabilities). The Bureau cooperates with others government institutions, is engaged in monitoring scientific research in this area. The main activities of the bureau are;

ensuring compliance with civil rights, training, employment, improving living conditions, solving problems of transporting people with disabilities, their access to all kinds of sources of information. Under the auspices of the Ministry of Human Resource Development there is the Opportunity Fund, the Federal-Provincial Program to Promote the Employment of Persons with Disabilities, and the Social Development in Partnership program.

Canadian Heritage is involved in working with people with disabilities through the Office of Sports, which coordinates Paralympic sports and the construction of specially equipped sports and recreation centers across the country, as well as through the National Parks Authority, which implements a program to improve access to parks and recreation areas for people with disabilities.

The Department of Transport is committed to ensuring the accessibility and safety of Canada's transportation system for people with disabilities.

and provides them with consular services.

The experience of the USA, Great Britain, Canada and other countries indicates that the payment of disability benefits provided for by their legislation is carried out through the implementation of a number of social protection programs for disabled people.

In the United States, disability benefits are provided through the Supplemental Security Benefits Program (SSBP). It is financed and controlled by a federal agency - the Administration for Other Insurance. PDAP is an assistance program that guarantees a minimum income level for people with disabilities in need. The system for calculating benefits is quite complex, it is determined by a number of factors (the degree of disability, marital status, the number of dependents, the level of income received) and is compiled in such a way that as income increases, the amount of the benefit decreases. In particular, the concept of “substantial salary” is introduced, which is currently determined at $740 (about 21,460 rubles) for most disabled people, and at $1,240 (about 36 thousand rubles) per month for those who have lost their sight. If earnings exceed this level, this is considered an indicator of the disabled person’s sufficient ability to work and the ability to independently provide for themselves financially.

For disabled veterans, the amount of benefits is constantly changing and currently ranges from $101 (for persons with 10% disability) to $2,100 (from 3 to 60 thousand rubles) per month for veterans recognized as completely disabled.

In Canada, the program to promote the employment of people with disabilities provides the opportunity for young people to receive special or higher education, and also takes into account their work experience for subsequent employment. Within the framework of the special program "Youth Employment Strategy" there are certain benefits for employers who employ disabled people under the age of 30, and the cost of special equipment necessary for them is compensated. In accordance with the program "Social Development in Partnership" educational institutions, social councils, Voluntary organizations, non-governmental organizations and non-profit agencies working with people with disabilities are assisted in organizing and funding special projects.

Direct organizations of people with disabilities can also use this program,

A disabled student enjoys a number of financial benefits and benefits under the Canada Student Loan Program. He is given an additional subsidy of 5,000 Canadian dollars. dollars (about 90 thousand rubles) for expenses related to training (for example, for the purchase of a special recording device or payment for the services of an assistant).

Persons who made contributions to the Canadian pension fund during their working career and stopped working due to disability are entitled to receive a preferential pension (until the age of 65).

Most social programs and benefits related to people with disabilities are administered by the provincial governments of Canada. However, since 1996, the federal and provincial governments have made disability issues a collective priority, and in 1998 the Government of Canada and its provincial and territorial governments signed the Together Canada Approach to Disability Plan, which outlines long-term policy directions in this area. which is built on the basis of three ideas:

1) people with disabilities are full members of Canadian society;

3) it is necessary to create conditions for turning disabled people into the most independent members of society. The emphasis is placed on the fact that, regardless of the nature of the programs adopted in the future, people with disabilities become their participants, and not completely dependent, passive recipients of government subsidies.

“New profession for disabled people”, created in April 2000 by the Public Commission on the Rights of Disabled People in cooperation with government agencies and employer associations and establishing that the main income for people who do not have a job due to their disability is disability benefits.

Since April 2000, three types of benefits have been in force:

1. Weekly benefits for the first 28 weeks from the moment of illness (for disabled people and those who do not receive sickness benefits) in the amount of 50.90 pounds. Art. (more than 2 thousand rubles);

2. Weekly benefits in the amount of 60.20 f. Art. (about 2.5 thousand rubles) from 29 to 52 weeks of illness;

3. Weekly benefits in the amount of 67.50 f. Art. (about 3 thousand rubles), paid after 52 weeks of illness.

In addition to this basic benefit, the following types of benefits are paid to various categories of disabled people: lifetime disability benefit - this is designed to provide additional financial assistance citizens with severe disabilities over 65 years of age, as well as those who received disability at an early age and did not have time to earn and accumulate capital for themselves. Eligibility for this benefit depends on the degree of the applicant's disability, the need for assistance in caring for him and is assigned if the applicant requires assistance for three months. The part of the benefit that is intended to pay for care assistance depends on the degree of disability and amounts to 53.55, 35.80 and 14.20 f., respectively. Art. (which is equal to 2200, 1500, 600 rubles) per week. The portion of the allowance intended to cover travel expenses is either £37.40. Art. (more than 1500 rub.), or 14.20 f. Art. (about 600 rub.) per week; Severe Disability Benefit is paid to UK citizens aged 16 to 65 years after the first 28 weeks of disability who are unable to receive disability benefits due to insufficient National Insurance contributions. The benefit does not depend on the amount of wages, is not taxed, amounts to 40.80 f. Art. (more than 1.6 thousand rubles) per week and, depending on the age of the recipient, can increase by up to 14 pounds. Art. (more than 560 rub.); Disability Income Guarantee benefit is valid from April 6

2001 for severely disabled people under 60 years of age, which depends on income, is paid in addition to other benefits and amounts to £134. Art. (about 5.5 thousand rubles) per week (information from the Russian Ministry of Foreign Affairs dated April 25, 2001).

Since October 1999, a tax credit (essentially a benefit) for disabled people has been introduced, replacing the previously paid benefit to working disabled people, in order to increase their level of income. Since April 2001, the loan amount for one person per week has become 160 pounds. Art. (more than 6.5 thousand rubles) and 246 f. Art. (more than 10.0 thousand rubles) per week for a family with one child.

Since 2001, the British government has provided a one-time phant (cash loan) of £100 per job. Art. (more than 4.0 thousand rubles) for disabled people over 25 years of age who have received disability benefits for one year and want to move from the benefits system to work. Disabled people have the right to work if the work benefits their general condition and spends at least 16 hours a week on it. The salary in this case should not exceed 59.50 pounds. Art. (about 2.5 thousand rubles) per week.

Benefits for injuries sustained at work or work-related illnesses depend on the amount of income. Payments for work-related injuries are made if the employee has an accident at work and if he paid income taxes. Professionals and British military personnel are excluded from this scheme. Benefits in this category include: disability benefits resulting from an industrial injury; paid weekly for 90 days from the date of injury. Its size depends on the degree of disability. For 100 percent disability, 109.30 f. is paid. Art. (about 4.5 thousand rubles), at 90% - 98.37 f. Art. (more than 4.0 thousand rubles), 80% - 87.44 f. Art. (more than 3.5 thousand rubles), 70% - 76.51 f. Art. (more than 3.1 thousand rubles), 60% - 65.58 f. Art. (more than 2.6 thousand rubles), 50% - 54.65 f. Art. (more than 2.2 thousand rubles), 40% - 43.72 f. Art. (more than 1.7 thousand rubles), 30% - 32.79 f. Art. (more than 1.3 thousand rubles); supplement to reduced earnings (in addition to the main disability benefit, the maximum amount is 43.72 pounds sterling, or about 1.8 thousand rubles); child benefit (22.25 pounds sterling, or more than 900 rub);

allowance for caring for a disabled person if the applicant's age is from 16 to 6^ years, excluding full-time students whose salary does not exceed 50 pounds. Art. (more than 2.0 thousand rubles) per week. Since April 2001, the weekly amount has been £72. Art. (about 3.0 thousand rubles).

The state budget allocates a certain amount annually, which covers on average up to 10% of expenses.

In the UK, contributions plus budgetary contributions are kept in the National Insurance Fund.

Costs of non-contributory benefits, means-tested benefits and child benefits are fully covered by the general tax system Great Britain.

According to German law, social protection costs are mainly financed from insurance premiums. The basis of the contribution is formed from wages and labor income. The contribution income, together with other income, such as capital, is sufficient to cover the current year's expenses. Excluding the mandatory reserve, this system operates on the principle of current financing.

Basically, only the employee pays the contributions, since the employer subsequently withholds this amount from the employees’ wages for the amount of contributions he has made. The employer pays contributions towards its expenses only for workers with very low incomes and for insurance benefits for injuries.

In addition to income from contributions, government subsidies also play a role in the implementation of disability insurance schemes. All social protection benefits outside the insurance schemes are also financed by the state. The source of this funding is general taxation.

to have equal rights along with other citizens seems useful for Russia, which is at the initial stage of its development in this matter.

Theory and methodology of social work, part 1, Moscow, 1999, p. 139.

2. Legal status of disabled people in the Russian Federation

2. 1 Procedure for establishing disability

UN, ILO, UNESCO, UNICEF, etc.), legislative acts of the Interparliamentary Assembly of the CIS Member States, laws and regulations of the USSR, RSFSR and the Russian Federation.

The fundamental documents of the world community include

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 Persons with Disabilities (1971). Declaration of the Rights of Mentally Retarded Persons (1971). Convention on the Rights of the Child (1989, especially Articles 23-27), World Declaration on the Survival, Protection and Development of Children (1990), Convention and Recommendation on Vocational Rehabilitation and Employment of Persons with Disabilities (1983), etc.

The general basis and guidance for taking action nationally and internationally to protect the rights of persons with disabilities is the Declaration on the Rights of Persons with Disabilities, adopted by the UN General Assembly on December 9, 1971. 20

According to this Declaration, a disabled person is any person who is unable to provide independently, in whole or in part, the necessities of a normal personal or social life due to a deficiency, whether congenital or not, of his or her physical or mental capabilities,

According to the Declaration, persons with disabilities have the inherent right to respect for their human dignity; regardless of the origin, nature and severity of the injury or handicap, have the same fundamental rights as their fellow citizens of the same age, that is, first and foremost the right to a satisfactory life, which should be as normal and fulfilling as possible.

prosthetic and orthopedic devices, for the restoration of health and position in society, for education, vocational training and rehabilitation, assistance, consultation, employment services and other types of services that will allow them to maximize their capabilities and abilities and accelerate the process of their social integration or reintegration. Disabled people also have the right to live with their families or in conditions that replace them, and to participate in all types of social activities related to creativity or leisure. If the stay of a disabled person in a special institution is necessary, then the environment and living conditions in it should correspond as closely as possible to the environment and conditions of normal life of persons of his (her) age. 21

In order to attract the attention of the world community to the problems of disability and study the potential capabilities of this group of the population, as well as explore opportunities to most fully realize the contribution of people with disabilities to the development process, from 1983 to 1992. The United Nations International Decade of Disabled Persons was celebrated. According to the decision of the PLO, December 3 is considered the International Day of Persons with Disabilities.

In Russian legislation, the rights of people with disabilities are recorded in such important documents as the Declaration of Rights and Freedoms of Man and Citizen, adopted by the Supreme Council of the RSFSR on November 22, 1991, the Constitution of the Russian Federation, adopted by popular vote on December 12, 1993. The Law of the Russian Federation "On the Protection of Disabled Persons in Russian Federation" dated November 24, 1995, Fundamentals of legislation of the Russian Federation on the protection of the health of citizens, adopted by the Supreme Council of the Russian Federation on July 22, 1993. Decrees of the President of the Russian Federation "On additional measures of state support for people with disabilities" and "On measures to create accessible services for people with disabilities living environment" dated October 2, 1992. Decree of the Government of the Russian Federation "On approval of the "Regulations on recognizing a person as disabled" dated August 13, 1996, etc.

Article 7 of the Constitution of the Russian Federation proclaims our country a social state, the policy of which is aimed at creating conditions that ensure a decent life and free development of people. The welfare state acts as a guarantor and defender of the interests of the rights and freedoms of not just one social group or several groups of the population, but of all members of society.

Adopted on November 24, 1995, the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” 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 civil, economic, political and other rights and freedoms provided for by the Constitution Russian Federation.

The law introduces a new concept of a disabled person as a person who has a health disorder with a persistent disorder of body functions, caused by diseases, consequences of injuries or defects, and leading to a limitation of life activity and causing the need for social protection.

With the adoption of the law, fundamentally new criteria for determining disability appeared, characterizing a comprehensive assessment of a person’s health status, impairments in a person’s life, and also determining his need for certain social protection measures.

communication, training, control of one’s behavior, work activity.

The first disability group is established for persons with complete permanent or long-term disability who require constant care (assistance or supervision), including those who can be adapted to certain types of work in specially organized individual conditions (special workshops, work at home, etc.).

The second group of disability is given in case of complete or long-term loss of ability to work for persons who do not need constant outside help, care or supervision, as well as in cases where all types of work for a long period are contraindicated due to a possible worsening of the disease.

The third disability group is established when it is necessary to transfer persons for health reasons to a less qualified job due to the inability to continue working in their previous profession (specialty). And also, if necessary for health reasons, significant changes in the CONDITIONS of work in their profession leading to a reduction in the volume of production activities.

Since as a result of treatment, as well as under the influence of favorable social factors, the degree of disability may change, the terms for re-examination of disabled people have been established: for disabled people of the first group - once every two years, for disabled people of the second and third groups - once a year. Disability caused by anatomical defects or irreversible chronic diseases at any age - as well as for men over 60 years of age and women over 55 years of age. is installed indefinitely.

"On social protection in the Russian Federation" - a person who has a health impairment with a persistent disorder of body functions caused by a disease, the consequences of injuries or defects leading to limited life activity and necessitating his social protection."

“Limitation of life activity is a complete or partial loss of a person’s ability or ability to carry out self-care, move independently, navigate, communicate, behave, learn and engage in labor activity]

Cripples, blind, deaf, mute people with impaired movement, completely or partially paralyzed are recognized due to obvious deviations from the normal physical condition of a person. Persons who have no external differences from ordinary people, but suffer from diseases, are also recognized as disabled; they cannot work in various fields in the same way as healthy people do.

All disabled people are divided into several groups for various reasons.

disabled children; disabled people - adults;

by origin of disability -

by degree of ability to work - disabled people able to work, group 1 /unable to work/, disabled people of group 2 unable to work or able to work in limited areas/, disabled people of group 3 /able to work in benign working conditions/;

may refer to mobile, low-mobility or immobile groups.

Depending on membership in a particular group, issues of employment and organization of life for disabled people are resolved. Low-mobility disabled people (able to move only with the help of wheelchairs and crutches) can work from home or have them transported to their place of work. This circumstance causes many additional problems: equipment of the workplace at home or at the enterprise, delivery of orders to the home and finished products to the warehouse or consumer, material, raw materials and technical supply, repair, maintenance of equipment at home, etc. The situation with immobile disabled people bedridden. They cannot move without assistance, but are able to work mentally: analyze socio-political, economic, environmental and other situations, write articles,

If such a disabled person lives in a family, many problems can be solved relatively simply. What if he's lonely? Special workers will be needed to find such disabled people, identify their abilities, help identify orders, and conclude contracts. Such a disabled person also needs daily care, from the morning toilet to the provision of food. In all these cases, disabled people are helped by special workers who receive wages for their care. Blind but mobile disabled people are also assigned workers paid by the state or charitable organizations.

RF dated August 13, 1996 No. 965/. The procedure and conditions for recognizing a person as disabled, carried out by these institutions, have been determined.

The Regulations say: “Recognition of a person as a disabled person is carried out during a medical and social examination based on a comprehensive assessment of his state of health and the degree of disability. Depending on the degree of impairment of the body and limitation of life functions, a person recognized as disabled is assigned disability group 1, 2 or 3, and for a person under the age of 18 - the category “disabled child.” Corresponding classifications and criteria must be developed and approved.

either at home (if the person cannot come to the institution for health reasons), or in a hospital (if the citizen is there for treatment). Correspondence medical and social examination is also allowed based on the documents provided. This requires either the consent of the citizen undergoing the examination or his legal representative. They also have the right to involve any specialist to participate in the medical and social examination with the right of an advisory vote at their own expense.

A medical and social examination of any citizen is carried out upon a written application, which must be accompanied by either a referral from a health care institution or a social protection agency, as well as medical documents confirming the violation of his health.

the presence of data that strongly confirms the dysfunction of the body (caused by diseases, consequences of injuries and defects), it

sent for medical and social examination. As for the social protection body, it can refer to it only if there are clear signs of disability and the need for social protection, in the presence of medical documents confirming the impairment of body functions. Homeless people are accepted for such an examination upon the direction of the social protection authority.

Three criteria have been identified as necessary grounds for recognizing a citizen as disabled. This is a health disorder with a persistent disorder of body functions, limitation of life activity (complete or partial loss of a person’s ability or ability to carry out self-care, move independently, communicate, control one’s behavior, study or engage in work), the need to implement social protection measures. The presence of only one of these signs is not a sufficient condition for recognizing a person as disabled.

The date of determination of disability is the day of submission of the application with the necessary documents.

The period for which disability is established is determined. Disability of group 1 is established for two years, groups 2 and 3 - for a year.

Re-examination of disabled people of group 1 is carried out once every two years, groups 2 and 3 - once a year, and disabled children - within the time limits established by medical indications.

Disability is established without a re-examination period: for men - over 60 years old, for women - over 55 years old, for disabled people with irreversible anatomical defects.

If a person is recognized as disabled, a rehabilitation program is developed for him.

2. 2 Legal basis for social protection of disabled people

To influence public opinion regarding people with disabilities and develop recommendations to governments on this issue by the United Nations, the period 1983-1992. was proclaimed the Decade of Disabled People. At the beginning of the UN Decade, the World Program of Action for Persons with Disabilities was also adopted.

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 issues of social protection of disabled people received a legal basis in the Federal Law “On Social Protection of Disabled People in the Russian Federation”. The law defines the powers of government bodies (federal, 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 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, and move freely on the street and in public institutions.

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

hiring of disabled people by organizations, regardless of organizational and legal forms and forms of ownership, the number of employees of which is more than 30 people. Public associations of disabled people and their 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 installation of special workplaces, the creation of working conditions for disabled people, the rights, responsibilities and responsibilities of employers in ensuring the employment of disabled people, the procedure and conditions for recognizing a disabled person as unemployed, and state incentives for the participation of organizations in ensuring the livelihoods of disabled people.

The Law considers in detail the issues of material support for social and welfare services for people with disabilities.

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/.

servicing other forms of ownership /Article 5 of the Law/.

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.

Services provided free of charge:

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.

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 implementation 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 disabled people established by federal law creates the necessary prerequisites for the social adaptation of disabled people and their integration into society.

This federal law considers as one of the directions of 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 2.10.92. 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 12.08.94. 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 and estimate documentation 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 and

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 decree 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 Pharmacy organizations have become somewhat better able to dispense medicines according to doctors’ prescriptions to people with disabilities in our region in accordance with the List of Essential Medicines, approved by Order of the Ministry of Health of Russia dated January 26, 2000 No. 30 and agreed upon 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 international items generic names drugs, limit the prescription of drugs to disabled people on preferential terms with their territorial lists of drugs, 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 water, 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).

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

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 unhindered access of people with disabilities, their perception and assimilation of 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 their special 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 .

"On the social protection of disabled people 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 Ministry of Health and Social Development of the Russian Federation, the need of the constituent entities of the Federation for expenses to ensure 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 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 work injury or occupational disease - 716 rubles;

for disabled people due to military trauma - 627 rubles;

in disabled people due to Chernobyl disaster- 709 rub.;

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);

indexation 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.

By Decree of the Government of the Russian Federation dated 09.02.2001. 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).

3. Activities of Kaluga social centers for social protection of disabled people

3. 1 Kaluga Territorial Center for Professional Rehabilitation of Disabled People

Kaluga Territorial Center for Professional Rehabilitation of Disabled Persons (KTC PRI) is a state special educational institution of primary vocational education created on the basis of Decree of the Administration of the Kaluga Region N88 of March 20, 1995 "On the reorganization of the Kaluga vocational school-boarding school for the disabled" The center is the legal successor of the Kaluga Vocational Technical School - boarding school for disabled people. The founder of the Center is the Department of Social Policy of the Kaluga Region. The rights and obligations of the Founder and the Center in property, financial, legal and other matters are regulated by current legislation, this Charter and the Foundation Agreement. The Center has this Charter, based on the Model Regulations approved by the Government of the Russian Federation "On the center for medical and social rehabilitation of disabled people", "On the establishment of primary vocational education" "On special (correctional) educational institution for students, pupils with developmental disabilities", as well as an appendix to the Charter, approved by the director of the Center in agreement with the Founder, "Regulations on training and production workshops", "Regulations on the Council of the Center", "Rules of internal labor and educational regulations" and others .

In its activities, the Center is guided by the current legislation of the Russian Federation, Decrees of the President of the Russian Federation, Decrees and Directives of the Government of the Russian Federation, orders and instructions of the Ministry of Labor and Social Development of Russia, the Founder, the Government of the Kaluga Region, local administration, the Charter of the Center, the Founding Agreement, as well as other regulations . The Center is a legal entity. The Center is accountable to the Founder and the Committee for State Property Management of the Kaluga Region in terms of the state property assigned to it

GOALS, TASKS, FUNCTIONS OF THE CENTER.

The purpose of its activities is to provide highly qualified specialized comprehensive assistance to people with disabilities on issues of labor and medical rehabilitation and implements basic and additional correctional educational programs for primary and secondary vocational education in accordance with established State standards

education, on the basis of the State license for the right to carry out educational activities, including:

1. Implementation of measures for the professional rehabilitation of disabled people in the form of implementing basic correctional educational programs, including on a contractual and paid basis, namely: training young disabled people (15-30 years old) who have not previously had a working profession under primary vocational education programs;

training of disabled people under secondary vocational education programs; training of disabled children of preschool and school age according to adapted and specialized labor training programs in the form of home work and basic education for the purpose of career guidance and initial vocational rehabilitation;

retraining and retraining of disabled people who previously had a profession, as well as advanced training of working disabled people;

vocational training, retraining and retraining of citizens on a paid basis.

2. Implementation of social rehabilitation and vocational guidance for young disabled people on the basis of additional correctional educational programs “Social Rehabilitation” and “Post-Professional Rehabilitation”, including on a contractual and paid basis.

4. Implementation of psycho-correctional measures for social and professional orientation of disabled people and their adaptation to work.

activities with the provision of legal, practical, methodological, technical assistance in these matters.

6. Participation in research activities on the problems of rehabilitation of disabled people together with other educational and scientific institutions and practical implementation developments on this topic.

7. Carrying out cultural and educational work with disabled people, organizing communication and leisure for disabled people - rehabilitators.

9. Carrying out medical monitoring at all stages of rehabilitation measures, prosthetics, treatment, counseling of disabled people in cooperation with medical institutions of the city and region,

10. Creation and operation of a specialized transport service to provide transportation for disabled people.

organization of consumer services with the provision of housing with furniture and equipment, bedding;

organizing catering in accordance with established standards;

treatment and medical examination, advisory and emergency medical care, as well as hospitalization of those in need in medical and preventive institutions, carrying out appropriate sanitary and epidemiological measures:

providing students who are fully state-provided with clothing, shoes, toiletries and hygiene items, and fulfilling the benefits and payments provided for by law.

The center's structural divisions are united into a number of blocks, which are managed by the Center's deputy directors or chief specialists. List of blocks: administrative, children's rehabilitation, additional general education, etc. choice of profession, vocational school, medical and physical education and sports rehabilitation, social rehabilitation, economic and technical support.

The ADMINISTRATIVE BLOCK includes a management apparatus, a dispatch service, an economics and accounting department, and a computer database group.

CHILDREN'S REHABILITATION BLOCK includes a group of teachers, including educators, primary and labor education teachers, psychologists, who solve the problem of education, teaching labor skills and socio-psychological orientation of disabled children from 3-5 years of age, both at home and in special children's groups based on the "center, identifying opportunities for further education in accordance with medical indications, developing a long-term individual plan for rehabilitation measures. Has a social assistance group for the child's family -

disabled person on all issues related to the complex of rehabilitation measures using the capabilities of other units of the Center and other organizations.

THE BLOCK OF ADDITIONAL GENERAL EDUCATION AND PROFESSION CHOICE includes a group of teacher educators in general education school programs and the profession choice department. The block ensures equalization of the general educational level of disabled children who did not have the opportunity to attend a public school or who have education in the 7-9 grades of a auxiliary and public school in order to obtain the appropriate educational documents and create an educational base for further vocational training or further education. The department for choosing a profession operates in close cooperation with employment centers, provides socio-psychological and professional testing of rehabilitators at various stages in order to most accurately determine the psychophysical capabilities of a disabled person in mastering the professions offered by the Center or to issue recommendations to the relevant blocks of the Center for sending a rehabilitator for training to the appropriate educational institution.

VOCATIONAL SCHOOL BLOCK works on the basis of vocational training programs of various skill levels with differentiation of terms and methods of training in accordance with individual plans for the rehabilitation of a disabled person and trains qualified workers and specialists in a wide range of professions that are competitive in the labor market, including those providing self-employment upon completion rehabilitation course. Conducts training both on the basis of the Center and on rented educational bases of educational institutions of various profiles, creating the most favored nation treatment for the rehabilitator with the provision of social and psychological support for the individual, including providing a higher level of professional education for the most prepared rehabilitators on an individual basis, carries out preparation and assistance in the admission of disabled people to higher educational institutions at their request.

This block carries out all types of professional educational programs of the Center. Training of qualified workers is carried out in the following specialties:

shoemaker

shoe upper maker shoe repairer seamstress-machine operator

production pile

repairman of complex household appliances

diagnostics, treatment, advisory medical care, prosthetics, physical therapy classes and organization of sports and recreational work in contact with physical education organizations for the disabled.

and will provide all aspects of social, legal, psychological assistance, provide specialized assistance at home, organize creative activities for people with disabilities in various forms, conduct a variety of mass cultural events, and carry out international relations for people with disabilities.

THE HOUSEHOLD AND TECHNICAL SUPPORT BLOCK includes the Center’s life support services - economic, repair and technical, warehouse, transport services department for disabled people, etc.

PRODUCTION BLOCK: at the Center there are training and production workshops, which are a structural unit of the Center, have a special current account and operate on the principles of self-sufficiency. In case of insufficient funds received from the activities of training and production workshops to organize a full-fledged educational process, financing is carried out from budget funds provided for in the Center’s cost estimate. The workshops carry out practical work on professional rehabilitation programs in accordance with the statutory objectives of the Center, organize educational and production activities in areas corresponding to curricula and programs approved in the prescribed manner, and carry out other economic and commercial activities in the interests of the Center. In their activities, production training workshops are guided by the orders and instructions of the Center’s administration and the “Regulations on training and production workshops of the Vocational Rehabilitation Center” separately approved by the Founder.

The Kaluga Territorial Center for Professional Rehabilitation of Disabled People dates back to 1929 - it is one of the oldest special correctional educational institutions in Russia. Having begun its existence as educational sewing workshops for the disabled, it was for a long time called a vocational school - a boarding school. Today the Center continues its activities as a new type of social protection institution.

Created with the active support of the regional administration and the department of social policy in January 1996 on the basis of a vocational school - boarding school, KTCPRI became the first such institution in Russia out of 43 educational institutions for people with disabilities operating in the system of the Ministry of Labor and Social Development of Russia.

The problem of social and professional rehabilitation of disabled people in Russia is well known to everyone, but its presence has not yet led to the creation at the state level of a clear and precise program of action to solve it. The creation of the Kaluga Center indicates increased attention to this problem at the regional level in our region, and inspires hopes for further progress in matters of professional rehabilitation of young disabled people.

want and, in principle, can work in one specialty or another and in the future independently provide for themselves an adequate standard of living in modern society. The main task of the Center is professional educational specialization, which produces a qualified young worker who is fluent in his own, maybe even more than one profession and is able to work in the acquired specialty in any conditions - in production, in the field of individual entrepreneurship and even at home.

demand in the organized labor market and at the same time suitable for self-employment.

The Kaluga Territorial Center for Professional Rehabilitation of Disabled Persons carries out its activities on the basis of a number of legislative acts of the Russian Federation, one of the main ones being the federal law “On the remaining protection of disabled people in the RUSSIAN Federation”.

In pursuance of this Law (Article 9), a modular structure has been created and is functioning at the Center, which has no analogues among educational institutions for people with disabilities.

The modular structure of the Center consists of the following blocks:

administrative, economics and finance, vocational training, social rehabilitation, child rehabilitation, economic support. The staffing standards of the Center with the full scope of activities are 216 units, and the current staffing of the Center consists of 106 employees who directly implement vocational guidance and vocational rehabilitation activities, serve and train 130 students.

and school age at home, in the family of a child with disabilities, providing training for such children in adapted and specialized labor training programs in the form of home-based and basic education for the purpose of career guidance and initial vocational rehabilitation. The work of this block should compensate for the shortcomings of school home-based education, during which a child with disabilities is deprived of a real opportunity to study creative development personality, labor training and socially useful work. In this work, it was planned to attract the existing system of home-based social services in the regions to work with children, where the Center would perform the functions of methodological support and development of curricula and programs, and then become a guide for such children through life, including assistance in obtaining vocational education for any level and their further labor and social structure.

We are losing members of the human community only because no one was able to initially suggest and help the family of a sick child on ways and means of dealing with the disease, no one supported him in the development of those abilities and opportunities that in the future would become the basis for acquiring this or that education , profession, skills and abilities.

The implementation of measures for the social and professional orientation of children with disabilities for their adaptation to work continues, which is currently the focus of the adaptation course, open since September 2001, which provides a special preparatory program for graduates of correctional educational boarding schools who are not ready for full professional rehabilitation. The classes on social and everyday orientation provided for in the special curriculum developed by the Center’s specialists create a sense of confidence in everyday life and teach them to make the right and quick decisions in the environment. The skills of providing first aid and adequately assessing one’s own well-being give the rehabilitator the opportunity to overcome the factors of his existing disease and correct his health status.

and social development of Russia and the Ministry of Labor and Social Policy of the Federal Republic of Germany. The department for choosing a profession is a high-tech and modernly equipped structure with qualified personnel trained in Germany, which makes it possible to determine with a high degree of reliability the professional suitability of a person with disabilities for training and work in a number of professions. The most important element in this course is the classes, which provide for the initial familiarization of rehabilitators with all the professions of the Center, conducting trial professional tests and training sessions. In the classroom, the vocational training master can assess the capabilities and prospects of each of the rehabilitation students in relation to their profession and reasonably give an opinion on the professional suitability of a particular child. Such a conclusion from the master becomes, along with the desires and interests of the rehabilitator, subsequently the basis for transferring to the main course of professional rehabilitation. The proposal to create a department for choosing a profession in KTSPRI was actively supported by the leadership of the Federal Social Security Service in the Kaluga region, which undoubtedly allows us to hope for successful work on this project.

The work of the profession selection department at the KTSPRP is based on the experience of the Vollmarstein Rehabilitation Center for Disabled People in North Rhine-Westphalia, which provided the Center with numerous methodological materials.

Vocational rehabilitation is carried out at the Center on the basis state standards primary vocational education. KTCPRI has a license to conduct educational activities in the following specialties:

shoemaker for shoe repair;

shoe upper maker;

sewing equipment repairman;

sewing equipment operator (seamstress);

Graduates are assigned the appropriate ranks and issued a state Certificate of initial vocational education.

Among the tasks facing the Center in vocational training activities should be noted not only the implementation of educational programs for youth, but also retraining and retraining of persons with disabilities who previously had a profession, as well as improving the qualifications of working disabled people and retraining citizens in the direction of employment centers under contracts .

In 1997, as part of the further development of the Center, another structure was created and is successfully operating - a post-professional training and production group. And rehabilitation and contract work, which enrolls graduates of the basic vocational training course who have acquired good knowledge, skills and abilities in their chosen profession. They can work independently, but issues of their social structure for one reason or another have not been resolved.

The result of the work of all Center services with the rehabilitator is his employment and employment. Considering that all the specialties for which training is carried out at the Center allow you to work in any conditions, employment is carried out mainly through self-employment. A number of graduates are employed through the employment service. According to available information, up to 60% of graduates are employed within a year after graduation in one form or another, including more than two-thirds in the specialty they received.

Some rehabilitators remain to live in social protection institutions, where they work in their specialty in boarding homes.

The center actively cooperates with regional and city employment services. There is a long-term cooperation program between KTC PRI and the Federal Social Security Service in the Kaluga region. The center is included in all databases of city and district services in the region, receives and advises on referrals from the employment service for people with disabilities on possible initial vocational training and retraining. The first priority is to select jobs for CTC PRI graduates. The plans for this cooperation provide for the creation at the CTC PRI, at the expense of the employment service, of two modern workplaces for a psychologist - a professional consultant for the city central labor center and a psychologist at the Center and a room for psychological influence. The special need for such jobs is justified, firstly, by the fact that a professional consultant-psychologist of the city I [ZN, working within our walls with rehabilitation workers 5-7 days a month, is assigned to the CTC PRI on a permanent basis, and, secondly, by the need carrying out daily corrective psychological impact on students according to the work plan of the Center's teacher-psychologist; the long-term cooperation program includes issues of assistance to the Center from the employment service, provision of financial and methodological support for the creation and development of an educational base in order to open new promising areas of rehabilitation, as well as equipment of individual workplaces for graduates. Unfortunately, the implementation of the cooperation program is currently difficult due to problems with financing employment services.

The future of the Center is also seen in coordinating the activities of public and state enterprises, organizations, foundations in matters of vocational training, social, medical and labor rehabilitation of young disabled people, advisory activities with the provision of legal, practical, methodological and technical assistance in these matters so that the Center becomes indeed the focus of many problems associated with the disabilities of children and adolescents.

The further development of the social rehabilitation block is absolutely necessary. So far, the specialists of this unit work mainly with students of the Center and provide cultural and educational work with students, organization of communication and leisure for rehabilitators, carrying out physical education and health work, sports events, and creating a base for the development of foreign sports in the region. In the course of the development of the institution, this unit must expand the scope of its efforts and extend them equally to both students and those children who, in a year or two, may come to a rehabilitation course. For this purpose, the database areas being created in many municipalities will be used, with the help of which channels of direct informing people with disabilities about events and promotions carried out within the Center will be supported in order to attract them to active participation. "The social rehabilitation block plays a major role in resolving issues of communication between the Center and the cultural, leisure and sports infrastructure of the city. Thanks to such connections, the Center actively cooperates with the Kaluga Regional Philharmonic, the Drama Theater, the Youth Theater, Kaluga cinemas on free visits to these cultural institutions by students of the Center, as well as with the regional library for the blind named after Ostrovsky. The work plan of the social rehabilitation unit provides for at least one event per week, in the preparation of which not only its employees, but also vocational training masters and, of course, students are involved.

Today we have in our team a specialist in physical education with higher education and specialization in physical therapy. The center receives serious results from physical education and sports rehabilitation programs. Disabled athletes have repeatedly won prizes in city and regional competitions for disabled people, and took part in the All-Russian Spartakiad for students of educational institutions of the Russian Ministry of Labor in Essentuki. In general, physical therapy and sports are inseparable from the general rehabilitation process, in which improvement general condition the health of the rehabilitator becomes the key to successful professional training.

In this context, special attention is paid to the activities of the medical service, which includes a deputy director for medicine, a general practitioner, a psychoneurologist, a group of nurses with round-the-clock operation, a dietician, and a physiotherapist. The center successfully implements the task of medical monitoring at all stages of rehabilitation activities.

In order to monitor the rehabilitation process, the Center has developed and implemented an Individual Dynamic Rehabilitation Card, which allows, on the basis of modern computer technologies, to keep records of all appointments and measures in relation to the rehabilitator, to monitor their implementation and the result of the rehabilitation measures taken. The development of the technology for maintaining the Map was borrowed from the experience of the Center for the Rehabilitation of Disabled People in the city of Upisala (111vecia), in which the Center’s specialists worked as part of a cooperation program between the Department of Social Policy of the Kaluga Region and the Swedish Agency for International Cooperation and Development SIDA.

During the implementation of this program of international cooperation in the field of social policy, the Center presented in 2000 for consideration by the leadership of SIDA a project for organizing modular systems of vocational education, which was approved and accepted for financing and implementation in the period 2000 - 2001. During this time, within the framework of the project, the Center received modern computer and copying equipment to carry out editorial, publishing and printing work on the production of educational modular materials. The center’s specialists and teachers were trained under the guidance of leading specialists from the UN RSKO on the issues of modular educational systems. The use of modular education in the process of vocational training for people with disabilities has very great prospects, because it allows you to completely individualize training in accordance with the degree of limitations of each rehabilitator, and significantly improve the level of professional training of future specialists. Already in 2001 - 2002 academic year More than 30 modular training units will be prepared in 4 professions of the professional block and 2 subjects of the adaptation course.

This program is not the only international project in which KTCPRI participates. In 1999, with the help of the Ministry of Labor and Social Development, very promising cooperation began with the representative office of the Italian Ministry of Foreign Affairs in Russia. The basis for this joint work was the project proposed by the Center to create a new educational department in the vocational rehabilitation block for training in the profession of “Computer Operator” with the specialization “Computer layout of printed publications.” The Italian side supplied 2 powerful graphic stations from the company, and trained specialists. However, unfortunately, to date the development of this extremely interesting project has not been continued. Meanwhile, this profession would provide unlimited opportunities for a young disabled person both in the form of work activity and in terms of demand in the labor market. And mastering modern computer technologies should already take its rightful place among people with disabilities, thereby expanding other, new - informational, educational and cultural opportunities for people who are not spoiled by attention to themselves.

From year to year, the volume of provision of shoe repair services to the population is increasing, the sale of souvenirs and unique artistic products made of wicker and wood is steadily progressing, and the volume of services for knitting knitwear on individual orders is growing. Despite the difficulties, the total volume of sales of products and services of training and production workshops in 1999 amounted to more than 40 thousand rubles. The further provision of the Center’s vocational rehabilitation programs today, unfortunately, falls on the shoulders of the Center itself, and the further growth of its educational production. The center sets the task of preventing interruptions in the provision of educational and production activities with materials and raw materials, meeting its own needs for manufactured products and providing maximum assistance to social security institutions of the region in providing them with sewing and knitwear, repair services for refrigeration equipment and sewing machines, and so on.

it should be recognized that the material resources at his disposal do not provide the disabled student with a living environment that meets the standards; sanitary standards for residential and production premises. A project to add 2 floors over the existing extension to the main building of the center is awaiting implementation; the issue of designing a new educational building and auxiliary premises needs to be resolved.

Until 1995, up to 50 percent of nonresident citizens studied at this educational institution. In recent years, due to a number of reasons, including financial ones, the recruitment of disabled people from other regions has ceased. The Center was faced with an urgent need for social, everyday life and vocational training for graduates of special correctional institutions in the Kaluga region. The situation in the region, and in Russia as a whole, is such that the existing vocational education system is not able to provide orphans with food, housing, necessary medical care, or special adapted educational programs. Therefore, the Kaluga Center for Vocational Rehabilitation turned out to be practically the only institution of primary vocational education, neither a hostel, nor the necessary medical care, nor special adapted training programs. Therefore, the Kaluga Center for Vocational Rehabilitation turned out to be practically the only institution of primary vocational education capable of socially protecting orphans with disabilities. This became possible only due to the fact that the Center operates with regional funding under the leadership of the Department of Social Policy, and is still able to provide orphans with all the benefits provided for by law. However, the main condition for enrollment in the center was, and remains, the presence of an established disability as a medical and social status, and the main task at the end of the rehabilitation course is to recognize the graduate-rehabilitator as able to work in the prescribed manner through the medical and social examination bodies.

Analyzing the work of the Center, we see that in order to ensure a greater percentage of employment of Center graduates, it is necessary to expand the list of professions acquired by students - to add specialties that are in demand on the labor market such as computer operator, programmer, etc. And due to the fact that the Center is designed With only 130 places, it does not meet the needs of all disabled people who need vocational training, so there is a need to expand it. In general, the activities of the Center are relevant in the current socio-economic conditions, since disabled people, having received a profession, adapt to society, become full members of it and significantly improve their financial situation through employment.

"Muromets"

Kaluga city public organization of disabled people "Muromets" (KGOOI "Muromets") was registered on February 9, 2001. As of May 1, 2001, the organization had 35 members.

KGOOI "Muromets" was formed in order to protect the rights and legitimate interests of people with disabilities with musculoskeletal disorders, providing them with equal opportunities with other citizens, solving the problems of social integration of people with disabilities and achieving other goals specified in the organization's Charter.

designed to benefit persons with disabilities, were designed to favor persons with disabilities and promote their dependence and isolation rather than promoting independence and integration into society.

For many people with disabilities, public transport is inaccessible, and often it is impossible for them to simply get out of the house. People with disabilities face barriers to employment and education. Due to the fact that organizations do little to serve the interests of their members, people with disabilities are little involved in the activities of these organizations and cannot communicate with older and more experienced people who can serve as role models and mentors for young people with disabilities. Due to these factors, people with disabilities suffer from low levels of isolation. self-esteem and face barriers that prevent them from participating in society, learning, working, raising a family and being able to live the life they want.

But a person with a disability has equal rights to participate in all aspects of society. To achieve this, it is necessary to create conditions that equalize limited opportunities as a result of injury or illness. After all, disability is a problem of unequal opportunities. If there were service services to which a person with a disability could delegate his limited capabilities, he would become an equal member of society, independently making decisions and taking responsibility for his actions, benefiting the state.

The Kaluga city public organization of disabled people "Muromets" cannot solve all the problems of all disabled people, but for members of its organization it offers the following ways to solve these problems:

This requires individual work with members of the Muromets State Public Organization:

determining the availability of professional skills;

degree of efficiency and training in obtaining new work skills;

Creation of your own production.

To implement the tasks solved by the organization, material and financial resources are needed. To obtain them, you need to create your own production so as not to be dependent on the sentiments of philanthropists. In addition, these are additional jobs for disabled members of the organization. Such productions include:

making products from clay, including pottery, wood, and metal; organization and work on a cable television network as a means of communication and jobs for people with disabilities (concierges, service personnel); organization of production of expanded polystyrene products.

3. 3 Kaluga Center for Children with Disabilities "Dobrota"

The Dobrota Center for Social Rehabilitation for People with Disabilities was founded in 1995.

The regulatory document regulating the activities of the Kindness Center is the Model Regulations on the Rehabilitation Center for Children and Adolescents with Disabilities, approved by Order of the Ministry of Social Protection of Russia dated December 14, 1994 No. 249.

The legal basis for the creation of the Center is the Federal Law "On the Fundamentals of Social Services for the Population in the Russian Federation", signed by the President of the Russian Federation on December 10, 1995, No. 195. Article 14 of which states that social services provide assistance in professional, social, psychological rehabilitation to people with disabilities, persons with disabilities, and the organizational form of social services are the relevant institutions and enterprises, regardless of their form of ownership (Article 17), included in the system of social services ( article 4).

The main objectives of the Center are:

studying, together with advisory and diagnostic services of health care and education, the causes and timing of the onset of disability of a child or adolescent, determining the initial level of health and psyche of the child, predicting the restoration of impaired functions (rehabilitation potential);

development based on standard basic programs individual program rehabilitation of children and adolescents with disabilities;

ensuring the implementation of these programs and coordination for these purposes of joint actions of medical, educational, social, physical education, sports and other institutions that promote the rehabilitation of children and adolescents with disabilities;

providing assistance to families raising children and adolescents with developmental disabilities in their social rehabilitation and carrying out rehabilitation activities at home;

social rehabilitation work with parents of children with mental or mental disabilities physical development. (11)

Order No. 249 established the responsibility of society to a disabled child and his parents, regulating the mechanism for implementing the process of socialization of the child. The opening of the Dobrota Rehabilitation Center provided parents with the opportunity not to hide their child from society, to leave the child at home, or to send them to a boarding school or orphanage.

Order No. 249 legalized: “Every child has the right to live in a family, and the family has the right to help.”

In 1995, at the time of opening, the Kindness Center had the following structure:

social and psychological assistance service;

"Kindness",

preceded by the work of social work specialists, social and psychological assistance services, to systematize and describe the category of disabled children.

A file of disabled children in the city of Kaluga living in families with the following parameters has been collected: gender, age, family composition, nature of education, illness.

Working with special registration forms allows us to describe the entire population of disabled children.

At this point, this work becomes simply formal.

Generalized data indicate a predominance of boys compared to girls (Appendix 2, Diagram 2).

The forms of emotional response and social interaction characteristic of boys, the life and professional values of this significant part of the sample are the starting points in the analysis of the requests, problems and expectations of the category under consideration.

10% (from birth to 3 years), this indicates the problem of early detection of deviations in the development of children. And as a consequence of this, there is a lack of assistance system for children at an early age.

"Kindness". Diagram 2. 1 reflects the need to organize recreational activities for children during the holidays, and to organize additional cultural and leisure activities at this time. The study emphasizes the need to expand the functioning of specialists in the field of career guidance, since the age group of children over 15 years old is 34.1%.

An analysis of the statistical results showed that in terms of the family composition of the examined disabled children, more than half of the percent of cases come from single-parent families (Appendix 2, Diagram 2. 2).

Within the framework of general social policy in relation to this less protected category of the population, an interesting question is whether disability is the cause of family breakdown, or whether disabled children are largely a consequence of single-parent families? The composition of the family determines the priority areas of work for a social work specialist with families.

According to the nature of the disease, the category of children with mental disorders and behavioral disorders is most represented among the surveyed population; congenital anomalies (malformations), deformations and chromosomal disorders; diseases of the nervous system.

An analysis of the nature of education for children with disabilities in the age group of 8 years and older showed that 95.4% of children are educated in one form or another, and only 4.6% are not educated.

The general characteristics of disabled children in the city of Kaluga and the description of certain narrower analytical sections indicate unfavorable social trends that determine life positions, as well as forms and methods of adaptation and integration into society of the examined group of disabled children.

Social and psychological isolation associated with the nature of education, the predominance of neuropsychic diseases that disrupt adequate forms of interaction with the world - all this forms a special type of disabled child, requiring selective forms and methods of professional influence, the formation of positive life strategies built on the principles of self-realization and a harmonious relationship with the world and with oneself.

Most children with disabilities, one way or another, are able to acquire knowledge, skills and new experiences of social interaction. This is a necessary condition for psychological counseling, built on establishing contact with the client, mechanisms of self-analysis and reflection.

Sociological data about children with disabilities serve as the basis for the functioning of the Kindness Center and for drawing up a plan for its further development.

and members of their families.

An important component of the comprehensive rehabilitation of children and adolescents with various types of developmental disorders is speech therapy rehabilitation, which is considered in the context of creating new speech capabilities, normalizing communicative activities, building social potential, i.e. increasing the individual’s ability to realize himself in a given community. In the first years of life, any deviation in the child’s development is accompanied by underdevelopment of speech. Speech is the basis for the formation of a child’s social connections with the outside world, therefore, if there is a delay in the development of speech or other disorders of speech function, the child has problems associated with verbal communication, and the objectively existing relationships between the individual and society, manifested in verbal communication, are upset.

The originality and difficulties in mastering their native speech, speech disorders, and peculiarities of communicative activity are noted in almost all types of deviations in the development of children: with intellectual underdevelopment, with delay mental development, with cerebral palsy, with hearing and vision impairments, emotional disorders- and require a special system of corrective action.

Speech therapy rehabilitation is a complex, integrated process aimed primarily at the correction and compensation of speech impairments. In the process of speech therapy rehabilitation, the development of sensory functions is provided; motor skills, especially articulatory motor skills; development cognitive activity, first of all, thinking, memory, attention; formation of the child’s personality with simultaneous regulation of social relationships; impact on the social environment. (24)

In parallel with speech therapy rehabilitation, the following forms of work developed in the service:

psychological correction.

irritability of family members, disruption of relationships between spouses, which has an extremely adverse effect on the mental health of the child. In such a situation, incorrect options for raising a child are most often formed, which aggravates his condition and contributes to the formation of secondary neurotic disorders.

Increased sensitivity and anxiety, internal inconsistency, and self-doubt of parents adversely affect the emotional and personal development of the child. Therefore, a doctor, psychologist and teacher must treat and teach not only the child, but also all family members and, above all, parents.

The goal of psychological counseling of family members is to optimize intra-family relationships through parents adopting adequate role positions in relation to the child and each other, teaching parents the skills of making contact with the child and raising him in accordance with social norms of behavior.

establishing contact with the child, overcoming his sensory and emotional discomfort, anxiety, worry, fears, as well as negative affective forms of behavior. One of the main tasks is to focus on the preserved reserves of the affective sphere in order to achieve general relaxation, relieve pathological tension, reduce anxiety and fears while simultaneously increasing the child’s voluntary activity.

The Culture and Creativity Service organized socio-cultural rehabilitation.

type of activity (artistic, technical, applied creativity, amateur collecting, information and educational services, socio-cultural design, physical education and sports activities);

the purpose of a specific type of activity, service (acquisition of knowledge, skills, abilities, development of intellectual, physical capabilities, creative abilities, formation of experience of communication and behavior in everyday, public, professional spheres, integration, career guidance);

location of the lesson and number of participants (in a rehabilitation center, at home, individually, in a group of children with disabilities in a group with healthy children);

mode and conditions of the lesson (frequency, duration, work at a table, sitting, standing, possibility of changing position);

The goal of the specific type of activity offered to the child is the content side of the rehabilitation process - the acquisition of knowledge, skills, and abilities that enable a child with disabilities to lead an independent lifestyle. The development of intellectual and physical capabilities is necessary for every child to navigate the spatial conditions of society and use the communication system; development of creative abilities for self-realization, satisfaction with life, intransigence to a state of helplessness.

"Kindness" - "Program of social adaptation of preschool children."

human activity.

Any human activity begins with needs, but its flow in a certain direction is controlled by motive. The appearance of a motive changes the type of behavior. Thanks to the motive, the child becomes active.

So, in the complex process of personality formation, stimulating its activity and determining its direction, motives play a leading role. Motivation serves as a stimulus for behavior, guides it, and gives it personal meaning and significance. Hence it is obvious that in the holistic process of education and social rehabilitation of the personality of a child with disabilities, the formation of the need-motivational sphere should become the main direction.

The formation of the need-motivational sphere in children with disabilities occurs more successfully when implementing medical and social activities.

The need to carry out medical and social activities led to a change in the structure of the Kindness Center in 2000 (Appendix 3, Diagram 1). A medical and social rehabilitation department is opening at the Center. The opening of the department of medical and social rehabilitation made it possible to create a system of social rehabilitation, consisting of components: medical and social, socio-pedagogical, socio-psychological and creative rehabilitation.

Comprehensive rehabilitation with its social, medical, psychological, pedagogical, career guidance elements, aimed both at a child with developmental disabilities and his family, contributes to the socialization of the child and members of the problem family. It is not for nothing that the founder of family counseling, Virginia Satir, believes that if we want to change the world, we need to change the family.

Bibliography

2. World Declaration on the Survival, Protection and Development of Children (1990).

3. Universal Declaration of Human Rights (adopted at the third session of the UN General Assembly on December 10, 1948).

7. Dementyeva N. F., Boltenko V. V., Dotsepko N. M. et al. “Social services and adaptation of elderly people in boarding homes.” / Methodological recommended - M, 2002. (CIETIN).

8. Dementyeva N, F., Modestov A. A, Boarding houses: from charity to rehabilitation. - Krasnoyarsk, 2001.

9. Dementyeva N.F., Ustinova E.V. - Forms and methods of medical and social rehabilitation of disabled citizens. - M., 2000.

10. Dementieva N. F., Shatalova B. K., Sobol A. Ya. Organizational and methodological aspects of the activities of a social worker. In the book; Social work in health care institutions. - M., 2003, (Department of Family Problems, Women and Children of the Ministry of Health of the Russian Federation. Center for Universal Human Values).

11. Igumnova N. S. The Light of Good, Tyumen, 1999.

15. Lectures on social work technology. In 3 parts. Part Sh M., Socio-Technological Institute, 1999.

17. Malofeev N. N. The current stage in the development of the special education system in Russia. (Research results as a basis for constructing a development problem) // Defectology. No. 4, 2001.

"Parents and Children" M., "Enlightenment", 2003.

19. International Covenant on Economic, Social and Cultural Rights (1966).

20. Mudrik A.V. Introduction to social pedagogy. M., 2001.

21. Nemov R. S. “Psychology” Book 1. M” 2000.

22. Report for the first half of 2003 of the Department of Social Care of the Population of Kaluga.

23. Pavlenok P. D. Theory and methodology of social work. - K., 1999.

24. Pavlenok P. D. Fundamentals of social work. - K.: INFRA-M, 2001.

26. Decree of the Government of the Russian Federation "On the federal list of state-guaranteed social services provided to elderly citizens and disabled people by state and municipal institutions social services" dated November 25, 95 No. 1151. As amended on April 17, 2002 No. 244.

27. Rights and opportunities of disabled people in the Russian Federation: Special report of the Commissioner for Human Rights in the Russian Federation, - M.: Legal. Lit., 2001.

28. The role and place of social workers in serving disabled people N. F. Dementieva, E-V. Ustinova; Tyumen 2002.;

29. Social services for the population and social work abroad. - M., 2002, 78 p. (Institute of Social Work of the Association of Social Workers).

30. Social pedagogy. // Ed. Yu. V. Vasilkova, T. A. Vasilkova. M. 1999.

32. Social work with disabled people, - Moscow, 2000;

33. Theory and methodology of social work. part-1, Moscow, 1999.

34. Theory and methodology of social work. // Under general ed. Academician of the Academy of Social Sciences Zhukov V.I. - M.: Publishing house. "Union". 1999.

35. Territorial social services: theory and practice of functioning. M., 2000.

36. Technologies of social work. // Textbook for general ed. prof. E. I. Kholostova. - M.: INFRA - M, 2001.

37. Instruction “On the interaction of social protection bodies and the charity service of the Russian Red Cross in matters of social protection of low-income groups of the population dated May 15, 2000. No. 1-32-4.

39. Federal target program "Social support for people with disabilities for

2000-2005." Approved by the Decree of the Government of the Russian Federation "On the Federal Target Program for Social Support of Disabled People for 2000-2005" dated January 14, 2000 No. 36.40. Federal Law of the Russian Federation "On Employment of the Population in the Russian Federation" dated April 19. 91 No. 1032 - 1, As amended on January 10, 2003 No. 15-FZ

Course work

Socio-legal mechanism

Protection of disabled people in the Russian Federation

Ziganshina Daria Maratovna,

specialty 40.02.01

Law and organization of social security,

Supervisor ______________________________________ Abashina A.D., Ph.D.

Introduction….…………………………………………………………………………………..3

Chapter 1. Theoretical foundations for studying the socio-legal mechanism for protecting people with disabilities in the Russian Federation.

1.1.Disabled person as an object of social security in the Russian Federation……………………….5

1.2.Regulatory framework for regulating issues related to disability………………………………………………………………………………………. 9

Chapter 2. Social and legal mechanism for the protection of disabled people in the Russian Federation

2.1. System of state social support for citizens with disabilities………………………………………………………………………………….17

2.2. Social rehabilitation of disabled people in the social service system in the Russian Federation………………………………………………………………………………….25

Conclusion…………………………………………………………………………………….33List of sources used…..……………………………………………………… ….…35

INTRODUCTION

The objects of social policy regarding people with disabilities are all citizens with the appropriate status and people potentially at risk of becoming disabled. At the same time, in a narrow sense, the emphasis is on the social protection of citizens who, for certain reasons, are unable to provide themselves with a decent standard of living. For all citizens, the state creates a common system of interaction in society, common principles. At the same time, it carries out a differentiated targeted (priority) social policy in relation to people with disabilities, taking into account the capabilities of the state and society, a specific person.

Solving the problem of disability is a priority, urgent direction in the implementation of the state’s social obligations. Policy towards people with disabilities affects all aspects of society and is primarily related to the areas of health care (prevention, medical and social services, treatment), employment (labor organization, vocational guidance), education (training and upbringing, obtaining a profession), social protection (insurance, assistance, services, etc.), culture, sports, etc. An effective condition for its functioning will be the development of a unified concept of state disability policy as an integral system of measures aimed at solving specific social problems of disabled people in accordance with the level of socio-economic development of the country in the current perspective.

Limitation of a person’s life activity is expressed in the complete or partial loss of his ability to carry out self-care, movement, orientation, communication, control over his behavior, as well as engage in labor activity.

Purpose of the course research: study the social and legal mechanism for the protection of disabled people in the Russian Federation.

Object of study: social assistance to disabled people in the Russian Federation

Subject of study: social and legal mechanism of social protection of disabled people in the Russian Federation.

Tasks:

1. Find out the basics of studying the social and legal mechanism for the protection of people with disabilities in the Russian Federation

2. Analyze the legal status of people with disabilities in the Russian Federation

3. To study the provision of social support to disabled people in the Russian Federation

4. Present the research results in the form of a final report course work

Chapter 1 Theoretical foundations for studying the socio-legal mechanism for protecting people with disabilities in the Russian Federation.

Disabled people as an object of social security in the Russian Federation

According to Russian legislation, 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”

The goal of state policy is to “provide disabled people with equal opportunities with other citizens to realize civil, political, economic and other rights and freedoms provided for by the Constitution of the Russian Federation of 1993, as well as in accordance with generally recognized principles and norms of international law, treaties of the Russian Federation.”

Disability, no matter how it is defined, is known in any society, and each state, in accordance with its level of development, priorities and capabilities, forms social and economic policies regarding people with disabilities.

Basic principles for formulating policies regarding people with disabilities:

1. The state is responsible for eliminating the conditions leading to disability and resolving issues related to the consequences of disability.

2. The state provides disabled people with the opportunity to achieve the same standard of living as their fellow citizens, including in the areas of income, education, employment, healthcare, and participation in public life.

3. Disabled people have the right to live in society; society condemns the isolation of disabled people. To achieve this, society strives to create conditions for the independent life of disabled people (barrier-free environment).

4. Persons with disabilities are recognized as having the rights and responsibilities of citizens of a given society. The state is competent to recognize, ensure and implement the rights and responsibilities of people with disabilities as members of society.

5. The state strives for equal access to social policy measures for people with disabilities throughout the country, regardless of where the disabled person lives (in rural or urban areas, the capital or the province).

6. When implementing policies regarding people with disabilities, the characteristics of an individual or groups of people with disabilities must be taken into account: all people with disabilities, due to the specifics of their disease, are in different starting conditions, and to ensure the rights and responsibilities of citizens of the country, their own set of measures is carried out in relation to each group of people with disabilities.

State policy currently remains the primary public mechanism in defining, categorizing, and legalizing disability and continues to be an essential element in constructing and maintaining the dependent status of people with disabilities.

Recognition of a person (hereinafter - a citizen) as a disabled person is carried out by federal state institutions of medical and social examination: the Federal Bureau of Medical and Social Expertise (hereinafter - the Federal Bureau), the main bureaus of medical and social examination (hereinafter - the main bureaus), as well as the bureau of medical and social examination in cities and districts (hereinafter referred to as bureaus), which are branches of the main bureaus of the Government of the Russian Federation of February 20, 2006 No. 95 “On the procedure and conditions for recognizing a person as disabled.”

In other words, disability is not a problem of one person, or even a part of society, but of the whole society as a whole.

Recognition of a citizen as a disabled person is carried out during a medical and social examination. Resolution of the Government of the Russian Federation No. 805 of December 16, 2004 “On the procedure for organizing and operating federal state institutions of medical and social examination” is based on a comprehensive assessment of the state of the citizen’s body based on an analysis of its clinical, functional, social -household, professional, labor and psychological data using classifications and criteria approved by the Ministry of Health and Social Development of the Russian Federation. Medical and social examination (MSE) – determination in the established order of the needs of the examined person for social protection measures, including rehabilitation, based on an assessment of the limitations in life activity caused by a persistent disorder of body functions.

A medical and social examination is carried out to establish the structure and degree of limitation of a citizen’s life activity (including the degree of limitation of the ability to work) and his rehabilitation potential.

Specialists of the bureau (main bureau, Federal Bureau) are obliged to familiarize the citizen (his legal representative) with the procedure and conditions for recognizing a citizen as disabled, and also provide explanations to citizens on issues related to the determination of disability.

Disabled people in Russia also face problems such as loneliness, since their communication is limited to their parental family or immediate relatives, the inability to continue their education, and more.

The Russian Federation is a state in which social policy occupies an important place. Identifying the causes of social inequality and ways to overcome it is an important condition for social policy, which at the present stage has become a pressing issue that is associated with the prospects for the development of the entire Russian society. Problems such as poverty, disability, orphanhood become the object of research and practice of social work. The organization of modern society largely contradicts the interests of women and men, adults and children with disabilities. Symbolic barriers built by society are sometimes much more difficult to break than physical barriers; This requires the development of such cultural values of civil society as tolerance, respect for human dignity, humanism, and equality of rights.

In a number of foreign countries and in Russia, children and adults with disabilities are portrayed as objects of care - as a kind of burden that those close to them, society and the state are forced to bear. At the same time, there is another approach that draws attention to the life activity of disabled people themselves. It is about developing a new concept of independent living while emphasizing mutual assistance and support in coping together with the challenges of disability.

The object of this study is a complete and comprehensive analysis of the provisions of the current legislation on the social protection of people with disabilities.

Disability issues are complex and multifaceted. Providing comprehensive assistance to people with disabilities involves the implementation of comprehensive programs and technologies for their rehabilitation, including medical, professional and social sections, as well as timely and adequate provision of targeted social assistance. The set of these measures should pursue one goal - expanding the scope of independence of people with disabilities, reintegrating them into the usual intellectual, professional, and social circle.

Social policy in relation to persons with disabilities is carried out in two directions:

From a public point of view, global problems- changes in public opinion towards the problem disability, creating a living environment, creating a system of social and rational employment, etc.;

From an individual's point of view individual- creating the necessary conditions for adaptation to new living conditions, taking into account individual characteristics.