Article 181 of the Federal Law. Legislative framework of the Russian Federation

RUSSIAN FEDERATION

FEDERAL LAW

ON SOCIAL PROTECTION OF DISABLED PEOPLE IN THE RUSSIAN FEDERATION

State Duma

Federation Council

This Federal Law determines the state policy in the field of social protection of disabled people in the Russian Federation, the purpose of which is to provide disabled people with equal opportunities with other citizens in the implementation of civil, economic, political and other rights and freedoms provided for by the Constitution of the Russian Federation, as well as in accordance with generally recognized principles and norms of international law and international treaties of the Russian Federation.

The measures for social protection of disabled people provided for by this Federal Law are expenditure obligations of the Russian Federation, with the exception of measures of social support and social services related to the powers of the state authorities of the constituent entities of the Russian Federation in accordance with the legislation of the Russian Federation.

Chapter I. GENERAL PROVISIONS

Chapter II. MEDICAL AND SOCIAL EXAMINATION

Chapter III. REHABILITATION AND HABILITATION OF DISABLED PEOPLE

Chapter IV. ENSURING LIFE ACTIVITIES OF DISABLED PEOPLE

Chapter V. PUBLIC ASSOCIATIONS OF DISABLED PERSONS

Article 33. The right of disabled people to create public associations

Public associations created and operating in order to protect the rights and legitimate interests of people with disabilities, providing them with equal opportunities with other citizens, are a form of social protection for people with disabilities. The state provides assistance and assistance to these public associations, including material, technical and financial. Local government bodies have the right to provide support to public associations of people with disabilities at the expense of local budgets (with the exception of interbudgetary transfers provided from the budgets of the budgetary system of the Russian Federation).

Public organizations of disabled people are recognized as organizations created by disabled people and persons representing their interests, in order to protect the rights and legitimate interests of disabled people, provide them with equal opportunities with other citizens, solve problems of social integration of disabled people, among whose members are disabled people and their legal representatives (one of the parents , adoptive parents, guardian or trustee) constitute at least 80 percent, as well as unions (associations) of these organizations.

Federal executive authorities, executive authorities of constituent entities of the Russian Federation, local government bodies, organizations, regardless of organizational and legal forms and forms of ownership, attract authorized representatives of public associations of disabled people to prepare and make decisions affecting the interests of disabled people. Decisions made in violation of this rule may be declared invalid in court.

Public associations of disabled people may own enterprises, institutions, organizations, business partnerships and societies, buildings, structures, equipment, transport, housing, intellectual values, cash, shares, shares and securities, as well as any other property and land plots in accordance with the legislation of the Russian Federation.

Public associations of disabled people and organizations that were created by all-Russian public associations of disabled people, and whose authorized capital consists entirely of contributions from public organizations of disabled people, and the average number of disabled people in which in relation to other employees is no less than 50 percent, and the share of wages of disabled people in the fund wages - no less than 25 percent, state authorities and local governments can also provide support by providing free use of property (including buildings, non-residential premises) used by these associations and organizations legally for at least five years for the moment of provision of such property.

Providing support to public associations of disabled people can also be carried out in accordance with the Federal Law of January 12, 1996 N 7-FZ “On Non-Profit Organizations” in terms of socially oriented non-profit organizations.

For organizations that are created by all-Russian public associations of disabled people, and whose authorized capital consists entirely of contributions from public organizations of disabled people, and the average number of disabled people in relation to other employees is no less than 50 percent, and the share of wages of disabled people in the wage fund - no less than 25 percent, the Federal Law of July 24, 2007 N 209-FZ “On the development of small and medium-sized businesses in the Russian Federation” applies if these organizations comply with the requirements established by the said Federal Law, with the exception of paragraph 1 of part 1 of article 4 of the said Federal Law.

Article 34. Lost force. - Federal Law of August 22, 2004 N 122-FZ.

Chapter VI. FINAL PROVISIONS

Article 35. Entry into force of this Federal Law

This Federal Law comes into force on the date of its official publication, with the exception of articles for which other dates of entry into force are established.

Articles 21, 22, 23 (except for part one), 24 (except for paragraph 2 of part two) of this Federal Law come into force on July 1, 1995; Articles 11 and 17, part two of Article 18, part three of Article 19, paragraph 5 of Article 20, part one of Article 23, paragraph 2 of part two of Article 24, part two of Article 25 of this Federal Law come into force on January 1, 1996; Articles 28, 29, 30 of this Federal Law come into force on January 1, 1997 in terms of expanding the benefits currently in effect.

Articles 14, 15, 16 of this Federal Law come into force during 1995 - 1999. The specific dates for the entry into force of these articles are determined by the Government of the Russian Federation.

Article 36. Effect of laws and other normative legal acts

The President of the Russian Federation and the Government of the Russian Federation should bring their regulatory legal acts into compliance with this Federal Law.

Until laws and other regulatory legal acts in force on the territory of the Russian Federation are brought into compliance with this Federal Law, laws and other regulatory legal acts are applied to the extent that does not contradict this Federal Law.

President

Russian Federation

Moscow, Kremlin

Disabled people in Russia belong to one of the socially unprotected categories of citizens who need government support. Depending on the severity of the health condition, 3 groups of disability are distinguished. The category of the disabled person group affects the various government support measures provided. These measures are regulated by the Federal Law “On Social Protection of Disabled Persons in the Russian Federation”.

Definition of the Federal Law “On Social Protection and Support of Disabled Persons in the Russian Federation”

This law guarantees all citizens with disabilities equal rights with other citizens, as well as social support from the state. All government bodies are required to act on the basis of this law and respect the legal rights of people with disabilities.

The Law on Social Protection implies providing disabled people with the necessary conditions for their life activities, as well as the exercise of their right to rehabilitation.

General provisions of the law of the Russian Federation

This law applies to people recognized as disabled. Disabled people in Russia, according to Article 1 of the Federal Law “On Social Protection of Disabled Persons,” are considered to be those people who have been recognized by a special social medical examination.

The main parameters for determining disability are a person’s ability to independently perform the necessary actions to ensure life.

Depending on the degree of independence of a person, expert doctors establish.

Groups and types of disabilities

For children under the age of 18, the general category of disabled child is established. The disability group is determined only after reaching 18 years of age. This is due to the fact that in the process of child development it is quite difficult to determine the degree of independence based on the child’s developmental age.

The state undertakes obligations to protect the rights of each group of disabled people. These obligations are prescribed in Article 2 of this law, which are binding on all government bodies.

Legislative acts establish that in Russia every citizen has the right to be provided with equal living conditions, as well as to create additional auxiliary conditions if he needs them.

These rights are enshrined in the basic law of the Russian Federation Constitution, as well as in the Federal Law “On Social Protection of Disabled Persons”. Also, on the basis of Article 3.1 of this law, no one has the right to discriminate against people based on disability and infringe on their rights granted to them by law.

The competencies of federal bodies and local self-government bodies are distributed in Articles 4 and 5 of the Federal Law “On Social Protection of Disabled Persons”. All federal and local authorities are required to act on the basis of this distribution.

All disabled people are listed in the Pension Fund in a certain register, where basic data about each of them is entered. This register takes into account personal data, as well as information about a person’s work activity and the benefits he receives. The procedure for maintaining this register is regulated by Article 5.1 of this law.

Article 6 of the Federal Law “On Social Protection of Disabled Persons” defines liability for harm to the health of any person that leads to disability. Guilty people bear criminal, material, administrative and civil liability for causing harm to health.

You can find out what benefits disabled children are entitled to.

Medical and social examination

Chapter 2 of this law establishes a specific procedure for determining disability. This conclusion is issued by a social medical examination. It includes doctors who must determine the severity of the disease and its consequences, which lead to impaired functioning of the person. The definition and activities of this expert group are defined in Article 7 of the Federal Law “On Social Protection of Disabled Persons”.

Based on the determination of the person’s condition, this commission must also analyze and provide the following data:

• rehabilitation course for human recovery;
• analysis of the causes of disability and its nature in general among the Russian population;
• development of general comprehensive measures for disabled people of each group;
• causes of death of disabled people in situations where the family of the deceased has the right to receive government support;
• degree of disability of the disabled person;
• conclusion about the disability group.

These responsibilities are specified in Article 8 of this law. The decision of this commission is not subject to challenge by other authorities and is binding.

Rehabilitation and habilitation of disabled people

Habilitation is understood as the process of restoring a person’s missing abilities for everyday and professional activities. This definition is specified in Article 8 of this law.

Article 33 of the Federal Law “On Social Protection of Disabled Persons” – public associations

In Russia, public associations created for the purpose of providing assistance to people with disabilities are permitted by Article 33 of this legislative act.

The state is obliged to assist them in providing assistance to people with disabilities. This assistance is paid from the local budget of each subject.

In addition, disabled people themselves can create such associations. Their representatives must participate in government decisions concerning people with disabilities. These associations may have real estate, cars and other property on their balance sheet.

Organizations whose authorized capital consists of more than half percent of contributions from disabled people, and a quarter of their wage fund is provided to them, may be allocated buildings and non-residential premises for free use. In addition, such organizations participate in the small business support program.

Video

Conclusions

Russian legislation provides for a wide range of state support for people with disabilities. According to this law, they should not need paid medical care or paid aids. In addition, they receive support in the field of education and obtaining a profession, as well as assistance in further employment. Along with this, they receive financial support from the state. But read about which disability group is entitled to what benefits.

The entry into force of this law is regulated by its article 35, and its effect by article 36. Based on them, other laws cannot contradict this legislative act. And it comes into force from the moment of its publication.

In reality, this law does not work in full force, because local government bodies do not fully control the implementation of this law by all citizens and legal entities of Russia.

A disabled person is a citizen who, for certain reasons, is completely or partially unable to work. There are often cases when people with disabilities are not hired or are discriminated against. To protect such citizens, the state adopted Federal Law 181 “On Social Protection of Persons with Disabilities.” After reading the current article, you will learn the provisions of the presented legal act.

The rights of people with disabilities are also outlined in the law on social services for elderly citizens and people with disabilities. You can find out its main provisions

Federal Law 181 “On Social Protection of Persons with Disabilities” was adopted in 1995. Since its adoption, numerous changes have been made, and some articles have been deleted.

The fundamental provisions of Federal Law-181 are currently:

• A legal concept is provided for the word “disabled”;
• The degrees of disability are indicated and listed - groups I, II and III. Children are not assigned a group;
• The concept of social protection of disabled people is defined. The regulatory institution is obliged to improve the act, and the executive institution is obliged to implement its decisions;
• A definition of medical and social testing is introduced, which determines the degree of disability. It also establishes the fact that the citizen needs social assistance;
• Federal Law 181 states that discrimination on the basis of disability is unacceptable;
• The law establishes the need to register a government register of persons with disabilities;
• Measures to support people with disabilities are indicated. These include: cash payments; provision of necessary goods and certain services (medicines, food, recreation in a sanatorium). They also have the opportunity to receive free housing;
• The labor rights of disabled people are defined. A citizen of this social group must work no more than 35 hours a week. At the same time, he is paid full salary;
• Federal Law-181 introduces definitions of habilitation and rehabilitation of a citizen of a given social group;
• Other regulations.

Note! In the Russian Federation there is an important law with the same number dedicated to the issue of labor protection. More about the Federal Law on the basics of labor protection in the Russian Federation

Rights of people with disabilities

People with disabilities are the most vulnerable group of the population. For this reason, the state provides protection to the represented category.

As an example, let’s present a list of rights of disabled people of group 3 according to the law:

• Receive a disability pension. Today, its size is within 7 thousand rubles, while the minimum amount is from 3,625 thousand rubles, and it is calculated taking into account the length of service;
• Additional payment to pension taking into account family composition - 1919 rubles;
• Reduced payment for housing and communal services - up to 50 percent;
• Queuing for improvement of housing conditions;
• Purchase of land for construction on preferential terms with a 50% discount;
• Travel with a 50% discount on 1 trip on railway transport;
• According to Federal Law-181, it is possible to purchase drugs and medicines at a discount;
• Purchasing vouchers to sanatoriums with a 50% discount.

Thus, group 3 disability provides discounts on a number of housing and communal services, treatment, medicines, and travel.

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To control and regulate the rights of citizens with disabilities, the Law “On Social Protection of Persons with Disabilities” was created.

Legal acts of the Russian Federation regularly undergo changes; to obtain up-to-date information, you can use Federal Law-181 as amended.

Recent changes to the Federal Law “On Disabled Persons”

The latest edition of Federal Law 181 “On Social Protection of Persons with Disabilities” did not make significant changes. According to the amendments, citizens with disabilities have the opportunity to have priority repairs of the technical equipment they need (prostheses, wheelchairs).

Article 11

In Art. 11 of Federal Law 181 provides information about an individual rehabilitation or habilitation program for a citizen with disabilities. Information is provided on rehabilitation procedures for citizens with disabilities. About their types, volumes and timing.

The current article of the law has not undergone any changes.

Article 15

In Art. 15 Federal Law-181 indicates the need to ensure unimpeded access for a person with a degree of disability to social, engineering and transport infrastructure facilities. This article has not changed in the latest version of the law.

Article 17

In Art. 17 FZ-181 describes the process of providing a disabled person with housing. The legal provision states that such citizens and families with children with disabilities who need improved housing conditions have the right to register. As a result, they will be provided with the necessary living quarters, which comply with Russian legislation.

In the latest version of Law 17, Article 17 was not changed.

Article 23

In Art. 23 of Federal Law 181 describes the required working conditions for persons with a certain degree of disability. It states that any organization that employs a person with disabilities must create the necessary conditions for him. It is also noted that the working hours for disabled people of the first and second groups should not exceed 35 hours per week. In this case, the salary remains in full.

Article 23 of Federal Law-181 has not changed in the latest edition of the law.

Article 28

Article 28 of the Federal Law describes the process of social services for people with disabilities. It states that citizens with disabilities who need care and assistance are provided with medical and household assistance at home or in special organizations.

When last edited, the current article of the law was not changed.

Federal Law of November 24, 1995 N 181-FZ
“On social protection of disabled people in the Russian Federation”

(Information about changes)

With changes and additions from:

July 24, 1998, January 4, July 17, 1999, May 27, 2000, June 9, August 8, December 29, 30, 2001, May 29, 2002, January 10, October 23, 2003, August 22, December 29, 2004, December 31, 2005, October 18, November 1, December 1, 2007, March 1, July 14, 23, 2008, April 28, July 24, 2009, December 9, 2010 July 1, 19, November 6, 16, 30, 2011, July 10, 20, December 30, 2012, February 23, May 7, July 2, November 25, December 28, 2013, June 28, July 21, December 1, 2014

Information about changes:

Federal Law No. 122-FZ of August 22, 2004 amended the preamble of this Federal Law, which comes into force on January 1, 2005.

See the text of the preamble in the previous edition

This Federal Law determines the state policy in the field of social protection of disabled people in the Russian Federation, the purpose of which is to provide disabled people with equal opportunities with other citizens in the implementation of civil, economic, political and other rights and freedoms provided for by the Constitution of the Russian Federation, as well as in accordance with generally recognized principles and norms of international law and international treaties of the Russian Federation.

The measures for social protection of disabled people provided for by this Federal Law are expenditure obligations of the Russian Federation, with the exception of measures of social support and social services related to the powers of the state authorities of the constituent entities of the Russian Federation in accordance with the legislation of the Russian Federation.

GUARANTEE:

See comments to the preamble of this Federal Law

Chapter I. General provisions

Information about changes:

Federal Law No. 419-FZ of December 1, 2014 amended Article 1 of this Federal Law, which comes into force on January 1, 2016.

Federal Law No. 122-FZ of August 22, 2004 amended Article 1 of this Federal Law, which comes into force on January 1, 2005.

Article 1. The concept of “disabled person”, the basis for determining the disability group

Disabled person- 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 activity and necessitating the need for his social protection.

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

Depending on the degree of impairment of body functions and limitations of life activity, persons recognized as disabled are assigned disability group, and persons under the age of 18 are assigned a category "disabled child".

Recognition of a person as disabled is carried out by the federal institution of medical and social examination. The procedure and conditions for recognizing a person as disabled are established by the Government of the Russian Federation.

GUARANTEE:

See comments to Article 1 of this Federal Law

Information about changes:

Federal Law No. 122-FZ of August 22, 2004 amended Article 2 of this Federal Law, which comes into force on January 1, 2005.

See the text of the article in the previous edition

Article 2. The concept of social protection of disabled people

Social protection of disabled people- a system of state-guaranteed economic, legal and social support measures that provide disabled people with conditions for overcoming, replacing (compensating) limitations in their life activities and aimed at creating equal opportunities for them to participate in society with other citizens.

Social support for people with disabilities— a system of measures providing social guarantees for people with disabilities, established by laws and other regulatory legal acts, with the exception of pensions.

GUARANTEE:

See comments to Article 2 of this Federal Law

Article 3. Legislation of the Russian Federation on social protection of disabled people

The legislation of the Russian Federation on social protection of disabled people consists of the relevant provisions of the Constitution of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.

If an international treaty (agreement) of the Russian Federation establishes rules other than those provided for by this Federal Law, then the rules of the international treaty (agreement) apply.

GUARANTEE:

See comments to Article 3 of this Federal Law

Information about changes:

Federal Law No. 419-FZ of December 1, 2014 supplemented this Federal Law with Article 3.1, which comes into force on January 1, 2016.

Information about changes:

Federal Law No. 122-FZ of August 22, 2004 amended Article 4 of this Federal Law, which comes into force on January 1, 2005.

See the text of the article in the previous edition

Article 4. Competence of federal government bodies in the field of social protection of disabled people

The jurisdiction of federal government bodies in the field of social protection of disabled people includes:

1) determination of state policy regarding persons with disabilities;

2) adoption of federal laws and other regulatory legal acts of the Russian Federation on social protection of disabled people (including those regulating the procedure and conditions for providing disabled people with a single federal minimum of social protection measures); control over the implementation of the legislation of the Russian Federation on social protection of disabled people;

3) conclusion of international treaties (agreements) of the Russian Federation on issues of social protection of disabled people;

Information about changes:

Federal Law No. 419-FZ of December 1, 2014 amended paragraph 4 of Article 4 of this Federal Law, which comes into force on January 1, 2016.

4) establishment of general principles for the organization and implementation of medical and social examination and rehabilitation of disabled people;

5) defining criteria, establishing conditions for recognizing a person as disabled;

Information about changes:

Federal Law of July 19, 2011 N 248-FZ, paragraph 6 of Article 4 of this Federal Law is stated in a new wording, which comes into force ninety days after the day of official publication of the said Federal Law

6) establishment, in accordance with the legislation of the Russian Federation on technical regulation, of mandatory requirements for technical means of rehabilitation, means of communication and computer science, ensuring accessibility of the living environment for disabled people;

Information about changes:

Federal Law No. 419-FZ of December 1, 2014 amended paragraph 7 of Article 4 of this Federal Law, which comes into force on January 1, 2016.

See the text of the paragraph in the future edition

7) establishing a procedure for accreditation of organizations, regardless of organizational and legal forms and forms of ownership, carrying out activities in the field of rehabilitation of disabled people;

Information about changes:

Federal Law No. 419-FZ of December 1, 2014 amended paragraph 8 of Article 4 of this Federal Law, which comes into force on January 1, 2016.

See the text of the paragraph in the future edition

8) implementation of accreditation of enterprises, institutions and organizations that are federally owned and carry out activities in the field of rehabilitation of disabled people;

9) development and implementation of federal target programs in the field of social protection of disabled people, monitoring their implementation;

10) approval and financing of the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person;

11) creation of federal institutions of medical and social expertise, monitoring their activities;

GUARANTEE:

See the List of federal state institutions of medical and social examination - the main bureaus of medical and social examination, approved by order of the Government of the Russian Federation of December 16, 2004 N 1646-r

Information about changes:

See the text of paragraph 12 of article 4

13) coordination of scientific research, financing of research and development work on the problems of disability and people with disabilities;

14) development of methodological documents on issues of social protection of disabled people;

Information about changes:

See the text of paragraph 15 of Article 4

Information about changes:

Federal Law No. 110-FZ of July 10, 2012 amended paragraph 16 of Article 4 of this Federal Law

See the text of the paragraph in the previous edition

16) assistance in the work of all-Russian public associations of disabled people and providing them with assistance;

Information about changes:

See the text of paragraph 17 of Article 4

Information about changes:

See the text of paragraph 18 of Article 4

19) formation of federal budget indicators for expenditures on social protection of disabled people;

Information about changes:

Federal Law No. 419-FZ of December 1, 2014 amended paragraph 20 of Article 4 of this Federal Law, which comes into force on January 1, 2016.

See the text of the paragraph in the future edition

20) establishment of a unified system for registering disabled people in the Russian Federation, including disabled children, and organizing, on the basis of this system, statistical monitoring of the socio-economic situation of disabled people and their demographic composition;

Information about changes:

Federal Law No. 168-FZ of July 2, 2013 supplemented Article 4 of this Federal Law with paragraph 21

21) determination of the basic requirements for the equipment (equipment) of special workplaces for the employment of disabled people, taking into account the impaired functions and limitations of their life activities.

Information about changes:

Federal Law No. 419-FZ of December 1, 2014 supplemented Article 4 of this Federal Law with paragraphs 22 and 23, which come into force on January 1, 2016.

GUARANTEE:

See comments to Article 4 of this Federal Law

Information about changes:

Federal Law of December 31, 2005 N 199-FZ Article 5 of this Federal Law is stated in a new wording, which comes into force on January 1, 2006.

See the text of the article in the previous edition

Article 5. Participation of government bodies of the constituent entities of the Russian Federation in providing social protection and social support for people with disabilities

State authorities of the constituent entities of the Russian Federation in the field of social protection and social support for disabled people have the right:

1) participation in the implementation of state policy regarding people with disabilities in the territories of the constituent entities of the Russian Federation;

2) adoption, in accordance with federal laws, of laws and other regulatory legal acts of the constituent entities of the Russian Federation;

3) participation in determining priorities in the implementation of social policy regarding people with disabilities in the territories of the constituent entities of the Russian Federation, taking into account the level of socio-economic development of these territories;

4) development, approval and implementation of regional programs in the field of social protection of disabled people in order to provide them with equal opportunities and social integration into society, as well as the right to monitor their implementation;

5) exchange information with authorized federal executive bodies on the social protection of disabled people and on the provision of social support to them;

6) providing additional measures of social support to people with disabilities from the budgets of the constituent entities of the Russian Federation;

Information about changes:

Federal Law No. 419-FZ of December 1, 2014 amended paragraph 7 of Article 5 of this Federal Law, which comes into force on January 1, 2016.

See the text of the paragraph in the future edition

7) promoting the employment of disabled people, including stimulating the creation of special jobs for their employment;

8) carrying out activities for training personnel in the field of social protection of disabled people;

9) financing scientific research, research and development work in the field of social protection of disabled people;

10) assistance to public associations of disabled people;

Information about changes:

Federal Law No. 169-FZ of July 1, 2011 supplemented Article 5 of this Federal Law with paragraph 11, which comes into force on July 1, 2011.

GUARANTEE:

The provisions of paragraph 11 of Article 5 of this Federal Law (as amended by Federal Law No. 169-FZ of July 1, 2011) did not apply until July 1, 2012 in relation to documents and information used within the framework of public services provided by executive bodies of state power of the constituent entities RF or territorial state extra-budgetary funds, and municipal services, and in relation to documents and information at the disposal of state bodies of constituent entities of the Russian Federation, local governments, territorial state extra-budgetary funds or organizations subordinate to state bodies or local governments involved in the provision of state or municipal services

11) sending an interdepartmental request for the provision of documents and information necessary for the provision of state or municipal services and at the disposal of bodies providing public services, bodies providing municipal services, other state bodies, local government bodies or organizations subordinate to state bodies or local government bodies .

GUARANTEE:

See comments to Article 5 of this Federal Law

Information about changes:

Federal Law No. 419-FZ of December 1, 2014 supplemented this Federal Law with Article 5.1, which comes into force on January 1, 2016.

Article 6. Liability for causing harm to health leading to disability

For causing harm to the health of citizens resulting in disability, the persons responsible for this bear material, civil, administrative and criminal liability in accordance with the legislation of the Russian Federation.

GUARANTEE:

See comments to Article 6 of this Federal Law

Chapter II. Medical and social examination

Information about changes:

Federal Law No. 419-FZ of December 1, 2014 amended Article 7 of this Federal Law, which comes into force on January 1, 2016.

See the text of the article in the future edition

Federal Law No. 160-FZ of July 23, 2008 amended Article 7 of this Federal Law, which comes into force on January 1, 2009.

See the text of the article in the previous edition

Article 7. The concept of medical and social examination

Medical and social examination— determination in the prescribed manner of the needs of the examined person for social protection measures, including rehabilitation, based on an assessment of the limitations in life activity caused by a persistent disorder of body functions.

Medical and social examination is carried out on the basis of a comprehensive assessment of the state of the body based on the analysis of clinical, functional, social, professional, labor, psychological data of the person being examined using classifications and criteria developed and approved in the manner determined by the federal executive body authorized by the Government of the Russian Federation authorities.

GUARANTEE:

See comments to Article 7 of this Federal Law

Information about changes:

Federal Law No. 419-FZ of December 1, 2014 amended Article 8 of this Federal Law, which comes into force on January 1, 2016.

See the text of the article in the future edition

Federal Law No. 160-FZ of July 23, 2008 amended Article 8 of this Federal Law, which comes into force on January 1, 2009.

See the text of the article in the previous edition

Article 8. Federal institutions of medical and social examination

Medical and social examination is carried out by federal institutions of medical and social examination, subordinate to the authorized body determined by the Government of the Russian Federation. The procedure for organizing and operating federal institutions of medical and social expertise is determined by the federal executive body authorized by the Government of the Russian Federation.

Information about changes:

See the text of part two of Article 8

Federal medical and social examination institutions are responsible for:

1) establishing disability, its causes, timing, time of onset of disability, the need of a disabled person for various types of social protection;

2) development of individual rehabilitation programs for disabled people;

3) study of the level and causes of disability of the population;

4) participation in the development of comprehensive programs for the rehabilitation of disabled people, disability prevention and social protection of disabled people;

5) determination of the degree of loss of professional ability to work;

6) determining the cause of death of a disabled person in cases where the legislation of the Russian Federation provides for the provision of social support measures to the family of the deceased.

The decision to establish a medical and social examination is mandatory for execution by the relevant government bodies, local government bodies, as well as organizations, regardless of organizational, legal forms and forms of ownership.

GUARANTEE:

See Administrative Regulations for the provision of public services for medical and social examination, approved by Order of the Ministry of Labor of Russia dated January 29, 2014 N 59n

See comments to Article 8 of this Federal Law

Information about changes:

By Federal Law No. 419-FZ of December 1, 2014, the title of Chapter III of this Federal Law is set out in a new edition, which comes into force on January 1, 2016.

Chapter III. Rehabilitation of disabled people

Information about changes:

Federal Law No. 419-FZ of December 1, 2014 amended Article 9 of this Federal Law, which comes into force on January 1, 2016.

See the text of the article in the future edition

Federal Law No. 122-FZ of August 22, 2004 amended Article 9 of this Federal Law, which comes into force on January 1, 2005.

See the text of the article in the previous edition

Article 9. Concept of rehabilitation of disabled people

Rehabilitation of disabled people— a system and process of full or partial restoration of the abilities of disabled people for everyday, social and professional activities. Rehabilitation of disabled people is aimed at eliminating or, as fully as possible, compensating for life limitations caused by health problems with persistent impairment of body functions, for the purpose of social adaptation of disabled people, their achievement of financial independence and their integration into society.

The main areas of rehabilitation of disabled people include:

restorative medical measures, reconstructive surgery, prosthetics and orthotics, spa treatment;

vocational guidance, training and education, assistance in employment, industrial adaptation;

social-environmental, socio-pedagogical, socio-psychological and sociocultural rehabilitation, social and everyday adaptation;

GUARANTEE:

See Order of the Ministry of Health of the Russian Federation dated November 25, 2003 N 567 “On improving the medical, social and psychological rehabilitation of disabled children and people with disabilities since childhood”

physical education and health activities, sports.

The implementation of the main directions of rehabilitation of disabled people involves the use of technical means of rehabilitation by disabled people, the creation of the necessary conditions for unhindered access of disabled people to objects of engineering, transport, social infrastructure and the use of means of transport, communication and information, as well as providing disabled people and members of their families with information on the issues of rehabilitation of disabled people.

GUARANTEE:

See comments to Article 9 of this Federal Law

Information about changes:

Federal Law of August 22, 2004 N 122-FZ Article 10 of this Federal Law is stated in a new wording, which comes into force on January 1, 2005.

See the text of the article in the previous edition

Article 10. Federal list of rehabilitation measures, technical means of rehabilitation and services provided to disabled people

The state guarantees disabled people the implementation of rehabilitation measures, the receipt of technical means and services provided for by the federal list of rehabilitation measures, technical means of rehabilitation and services provided to the disabled person at the expense of the federal budget.

GUARANTEE:

See the Administrative Regulations for the provision by the Social Insurance Fund of the Russian Federation of state services to provide disabled people with technical means of rehabilitation and (or) services and certain categories of citizens from among veterans with prostheses (except dentures), prosthetic and orthopedic products, as well as for the payment of compensation for independently purchased by disabled people technical means of rehabilitation (veterans prosthetics (except dentures), prosthetic and orthopedic products) and (or) paid services and annual monetary compensation for the costs of disabled people for the maintenance and veterinary care of guide dogs, approved by order of the Ministry of Health and Social Development of Russia dated September 14, 2011 N 1041n

The federal list of rehabilitation measures, technical means of rehabilitation and services provided to disabled people is approved by the Government of the Russian Federation.

GUARANTEE:

See comments to Article 10 of this Federal Law

Information about changes:

Federal Law No. 419-FZ of December 1, 2014 amended Article 11 of this Federal Law, which comes into force on January 1, 2016.

See the text of the article in the future edition

Federal Law No. 351-FZ of December 9, 2010 amended Article 11 of this Federal Law, which comes into force on February 1, 2011.

See the text of the article in the previous edition

GUARANTEE:

See the form of the rehabilitation program for victims of an industrial accident and occupational disease, approved by Decree of the Ministry of Labor of the Russian Federation of July 18, 2001 N 56

Article 11. Individual rehabilitation program for a disabled person

An individual rehabilitation program for a disabled person is a set of optimal rehabilitation measures for a disabled person, developed on the basis of a decision of the authorized body that manages the federal institutions of medical and social expertise, which includes certain types, forms, volumes, terms and procedures for the implementation of medical, professional and other rehabilitation measures, aimed at restoring, compensating for impaired or lost body functions, restoring, compensating for the abilities of a disabled person to perform certain types of activities.

An individual rehabilitation program for a disabled person is mandatory for execution by the relevant government bodies, local government bodies, as well as organizations, regardless of organizational, legal forms and forms of ownership.

An individual rehabilitation program for a disabled person contains both rehabilitation measures provided to a disabled person with an exemption from fees in accordance with the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person, and rehabilitation measures, the payment for which is paid for by the disabled person himself or other persons or organizations independently on organizational and legal forms and forms of ownership.

The volume of rehabilitation measures provided for by the individual rehabilitation program for a disabled person cannot be less than that established by the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person.

An individual rehabilitation program is of a recommendatory nature for a disabled person; he has the right to refuse one or another type, form and volume of rehabilitation measures, as well as the implementation of the program as a whole. A disabled person has the right to independently decide on the issue of providing himself with a specific technical means of rehabilitation or type of rehabilitation, including wheelchairs, prosthetic and orthopedic products, printed publications with a special font, sound-amplifying equipment, signaling devices, video materials with subtitles or sign language translation, and other similar means.

GUARANTEE:

Disabled persons who, in accordance with this Federal Law, purchased a technical means of rehabilitation at their own expense and (or) paid for the service before February 1, 2011, are paid compensation in accordance with the Federal Law of November 24, 1995 N 181-FZ (as amended, valid until the date of entry into force of Federal Law of December 9, 2010 N 351-FZ) regardless of the date of application for this compensation

If a technical means of rehabilitation and (or) service provided for by an individual rehabilitation program cannot be provided to a disabled person, or if a disabled person has purchased an appropriate technical means of rehabilitation and (or) paid for the service at his own expense, he is paid compensation in the amount of the cost of the acquired technical means of rehabilitation and (or) the service provided, but not more than the cost of the corresponding technical means of rehabilitation and (or) services provided in the manner established by part fourteen of Article 11.1 of this Federal Law. The procedure for paying such compensation, including the procedure for determining its amount and the procedure for informing citizens about the amount of said compensation, is determined by the federal executive body responsible for developing state policy and legal regulation in the field of healthcare and social development.

GUARANTEE:

See the List of technical means used exclusively for the prevention of disability or rehabilitation of disabled people, the sale of which is not subject to value added tax, approved by Decree of the Government of the Russian Federation of December 21, 2000 N 998

See the Indicative list of technical and other means of rehabilitation for victims of industrial accidents and occupational diseases and their service life, sent by letter of the Federal Social Insurance Fund of the Russian Federation dated February 5, 2002 N 02-18/10-783

Refusal of a disabled person (or a person representing his interests) from an individual rehabilitation program as a whole or from the implementation of its individual parts releases the relevant government bodies, local government bodies, as well as organizations, regardless of organizational and legal forms and forms of ownership, from responsibility for its implementation and does not give a disabled person the right to receive compensation in the amount of the cost of rehabilitation measures provided free of charge.

GUARANTEE:

On the approval of the forms of an individual rehabilitation program for a disabled person, an individual rehabilitation program for a disabled child, issued by federal state institutions of medical and social expertise, the procedure for their development and implementation, see order of the Ministry of Health and Social Development of the Russian Federation dated August 4, 2008 N 379n

See comments to Article 11 of this Federal Law

Information about changes:

Federal Law No. 419-FZ of December 1, 2014 amended Article 11.1 of this Federal Law, which comes into force on January 1, 2016.

See the text of the article in the future edition

Federal Law No. 355-FZ of November 30, 2011 amended Article 11.1 of this Federal Law, which comes into force on January 1, 2012.

See the text of the article in the previous edition

Article 11.1. Technical means for rehabilitation of disabled people

Technical means of rehabilitation of disabled people include devices containing technical solutions, including special ones, used to compensate for or eliminate persistent limitations in the life of a disabled person.

Technical means of rehabilitation of disabled people are:

Information about changes:

See the text of paragraph two of part two of article 11.1

special means for self-service;

special care products;

special means for orientation (including guide dogs with a set of equipment), communication and information exchange;

special means for training, education (including literature for the blind) and employment;

prosthetic products (including prosthetic and orthopedic products, orthopedic shoes and special clothing, eye prostheses and hearing aids);

special training and sports equipment, sports equipment;

special means of transportation (wheelchairs).

The decision to provide disabled people with technical means of rehabilitation is made when medical indications and contraindications are established.

Medical indications and contraindications are established based on an assessment of persistent disorders of body functions caused by diseases, consequences of injuries and defects.

Based on medical indications and contraindications, the need is established to provide the disabled person with technical means of rehabilitation that provide compensation or elimination of persistent limitations in the disabled person’s life.

Information about changes:

See the text of parts six and seven of article 11.1

Financing of expenditure obligations to provide disabled people with technical means of rehabilitation, including the manufacture and repair of prosthetic and orthopedic products, is carried out from the federal budget and the Social Insurance Fund of the Russian Federation.

Information about changes:

See the text of parts nine - eleven of article 11.1

The technical means of rehabilitation provided for by individual rehabilitation programs for disabled people, provided to them at the expense of the federal budget and the Social Insurance Fund of the Russian Federation, are transferred to disabled people for free use.

Additional funds to finance the costs of the technical means of rehabilitation of disabled people provided for in this article may be obtained from other sources not prohibited by law.

Technical means of rehabilitation are provided to disabled people at their place of residence by authorized bodies in the manner determined by the Government of the Russian Federation, the Social Insurance Fund of the Russian Federation, as well as other interested organizations.

The list of indications and contraindications for providing disabled people with technical means of rehabilitation is determined by the federal executive body authorized by the Government of the Russian Federation.

GUARANTEE:

See Rules for providing disabled people with technical means of rehabilitation and certain categories of citizens from among veterans with prostheses (except dentures), prosthetic and orthopedic products, approved by Decree of the Government of the Russian Federation of April 7, 2008 N 240

See the Federal List of Rehabilitation Measures, Technical Rehabilitation Equipment and Services Provided to Disabled Persons, approved by Order of the Government of the Russian Federation of December 30, 2005 N 2347-r

Annual monetary compensation to disabled people for the costs of maintaining and veterinary care of guide dogs is set at 17,420 rubles.

The amount of annual monetary compensation to disabled persons for the costs of maintaining and veterinary care of guide dogs is increased (indexed) in accordance with the federal law on the federal budget for the corresponding year and for the planning period, taking into account the level of inflation (consumer prices). The decision to increase (indexate) the specified annual monetary compensation is made by the Government of the Russian Federation.

The procedure for paying annual monetary compensation to disabled persons for the costs of maintaining and veterinary care of guide dogs is determined by the Government of the Russian Federation.

GUARANTEE:

See comments to Article 11.1 of this Federal Law

Information about changes:

See text of Article 12

Chapter IV. Providing life support for people with disabilities

GUARANTEE:

See GOST R 53059-2008 “Social services for the population. Social services for people with disabilities”, approved by order of the Federal Agency for Technical Regulation and Metrology dated December 17, 2008 N 436-st

See GOST R 52884-2007 “Social services for the population. Procedure and conditions for the provision of social services to elderly citizens and disabled people”, approved by order of the Federal Agency for Technical Regulation and Metrology dated December 27, 2007 N 562-st

Information about changes:

Federal Law No. 122-FZ of August 22, 2004 amended Article 13 of this Federal Law, which comes into force on January 1, 2005.

See the text of the article in the previous edition

Article 13. Medical assistance for disabled people

The provision of qualified medical care to disabled people is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation within the framework of the program of state guarantees for the provision of free medical care to citizens of the Russian Federation.

Information about changes:

See the text of parts two and three of Article 13

GUARANTEE:

See comments to Article 13 of this Federal Law

Information about changes:

Federal Law No. 185-FZ of July 2, 2013 amended Article 14 of this Federal Law, which comes into force on September 1, 2013.

See the text of the article in the previous edition

Article 14. Ensuring unhindered access to information for people with disabilities

The state guarantees a disabled person the right to receive the necessary information. Ensuring the publication of literature for the visually impaired is an expenditure obligation of the Russian Federation. The acquisition of periodical, scientific, educational, methodological, reference, information and fiction literature for people with disabilities, including those published on tape cassettes and in embossed dot Braille, for educational organizations and libraries administered by the constituent entities of the Russian Federation and municipal educational organizations is expenditure obligation of the constituent entities of the Russian Federation, for municipal libraries - expenditure obligation of the local government body. The acquisition of literature specified in this part for federal state educational organizations and libraries is an expenditure obligation of the Russian Federation.

Russian sign language is recognized as a language of communication in the presence of hearing and (or) speech impairments, including in the areas of oral use of the state language of the Russian Federation. A system of subtitling or sign language translation of television programs, films and videos is being introduced. Translation of Russian sign language (sign language interpreting, sign language interpreting) is carried out by Russian sign language interpreters (sign language interpreters, sign language interpreters) who have the appropriate education and qualifications. The procedure for providing Russian sign language translation services (sign language translation, sign language translation) is determined by the Government of the Russian Federation.

Authorized bodies provide assistance to people with disabilities in obtaining services for sign language interpretation, sign language interpretation, provision of sign language equipment, and provision of sign language equipment.

GUARANTEE:

See the Rules for the provision of sign language interpretation services to people with disabilities at the expense of the federal budget, approved by Decree of the Government of the Russian Federation of September 25, 2007 N 608

State authorities and local governments create conditions in their subordinate institutions for people with hearing disabilities to receive translation services using Russian sign language.

Training, advanced training and professional retraining of teachers and translators of Russian sign language, development of Russian sign language are provided.

GUARANTEE:

See comments to Article 14 of this Federal Law

Information about changes:

Federal Law No. 267-FZ of July 21, 2014 supplemented this Federal Law with Article 14.1, which comes into force ninety days after the official publication of the said Federal Law

Article 14.1. Participation of visually impaired people in operations using facsimile reproduction of a handwritten signature

When a credit institution carries out operations to receive, issue, change, exchange cash, or when a legal entity that is not a credit institution or an individual entrepreneur (hereinafter referred to as a business entity) carries out operations to receive, issue cash, a visually disabled person has the right to use when participating in the implementation of these operations, a facsimile reproduction of his handwritten signature, affixed using a mechanical copying device.

In order to exercise this right, a visually impaired person, when a credit institution carries out operations to receive, issue, change, exchange cash, or when a business entity carries out operations to receive and issue cash, represents:

1) identification document;

2) a notarial certificate certifying the identity of the handwritten signature of a visually impaired person with a facsimile reproduction of his handwritten signature, issued in the manner established by the legislation on notaries;

3) a certificate confirming the fact of establishing a visual disability and issued by the federal state institution of medical and social examination, in the form approved by the authorized federal executive body.

When a credit organization carries out operations to receive, issue, change, exchange cash or when a business entity carries out operations to receive or issue cash, employees of the credit organization or employees of a business entity, determined by the administrative document of the credit organization or business entity and not those carrying out these operations bring to the attention of the visually impaired person, in the case of his using a facsimile reproduction of a handwritten signature, information about the nature of the operation being carried out and the amount of the operation in the manner established by the Central Bank of the Russian Federation.

Information about changes:

Federal Law of December 1, 2014 N 419-FZ Article 15 of this Federal Law is stated in a new wording, which comes into force on January 1, 2016.

See the text of the article in the future edition

GUARANTEE:

According to Article 35 of this Federal Law and Decree of the Government of the Russian Federation of December 7, 1996 N 1449, Article 15 comes into force on January 1, 1999.

Article 15. Ensuring unimpeded access for people with disabilities to social infrastructure facilities

The Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, local government bodies and organizations, regardless of organizational and legal forms, create conditions for people with disabilities (including people with disabilities using wheelchairs and guide dogs) for unimpeded access to social infrastructure facilities (residential, public and industrial buildings, structures and structures, sports facilities, recreational facilities, cultural, entertainment and other institutions), as well as for the unhindered use of railway, air, water, intercity road transport and all types of urban and suburban passenger transport, communications and information (including means that provide duplication of sound signals for light signals of traffic lights and devices regulating the movement of pedestrians through transport communications).

Planning and development of cities and other populated areas, formation of residential and recreational areas, development of design solutions for new construction and reconstruction of buildings, structures and their complexes, as well as the development and production of public transport vehicles, communications and information equipment without adapting these objects for access disabled people are not allowed to access them or use them.

State and municipal expenditures on the development and production of vehicles taking into account the needs of people with disabilities, the adaptation of vehicles, communications and information for unhindered access to them by people with disabilities and their use by people with disabilities, the creation of conditions for people with disabilities for unhindered access to engineering, transport and social infrastructure facilities are carried out in within the limits of allocations annually provided for these purposes in budgets of all levels. Expenses for carrying out these activities that are not related to state and municipal expenses are made from other sources not prohibited by the legislation of the Russian Federation.

GUARANTEE:

See Rules for reimbursement to telecom operators of expenses incurred by them in 2004 in connection with the provision of benefits for payment of communication services to veterans and disabled people, whose pension provision is carried out by the pension authorities of federal executive authorities, which provide for military and equivalent service, approved by government decree RF dated December 10, 2003 N 748

Information about changes:

See the text of part four of Article 15

In cases where existing facilities cannot be fully adapted to the needs of people with disabilities, the owners of these facilities must, in agreement with public associations of people with disabilities, take measures to ensure that the minimum needs of people with disabilities are met.

Enterprises, institutions and organizations providing transport services to the population provide special devices for stations, airports and other facilities that allow people with disabilities to freely use their services. Organizations of the mechanical engineering complex that produce vehicles, as well as organizations, regardless of organizational and legal forms, that provide transport services to the population, provide the equipment of the specified means with special devices and devices in order to create conditions for disabled people for the unhindered use of these means.

Places for the construction of a garage or parking for technical and other means of transportation are provided to disabled people out of turn near their place of residence, taking into account urban planning standards.

Information about changes:

See the text of part eight of article 15

At each parking lot (stop) of vehicles, including near trade enterprises, services, medical, sports and cultural and entertainment institutions, at least 10 percent of the spaces (but not less than one space) are allocated for parking special vehicles for disabled people who are not must be occupied by other vehicles. Disabled persons use parking spaces for special vehicles free of charge.

GUARANTEE:

See comments to Article 15 of this Federal Law

Information about changes:

Federal Law No. 419-FZ of December 1, 2014 stipulates the title of Article 16 of this Federal Law in a new wording, which comes into force on January 1, 2016.

See title text in future edition

Federal Law No. 122-FZ of August 22, 2004 amended Article 16 of this Federal Law, which comes into force on January 1, 2005.

See the text of the article in the previous edition

According to Article 35 of this Federal Law and Decree of the Government of the Russian Federation of December 7, 1996 N 1449, Article 16 comes into force on January 1, 1999.

Article 16. Responsibility for evading the requirements for creating conditions for people with disabilities for unhindered access to engineering, transport and social infrastructure facilities

Legal entities and officials for evading compliance with the requirements provided for by this Federal Law, other federal laws and other regulatory legal acts for creating conditions for people with disabilities for unhindered access to engineering, transport and social infrastructure facilities, as well as for unhindered use of railway, air, water, intercity road transport and all types of urban and suburban passenger transport, communications and information means bear administrative responsibility in accordance with the legislation of the Russian Federation.

Part two is no longer valid.

Information about changes:

See the text of part two of article 16

GUARANTEE:

See comments to Article 16 of this Federal Law

Information about changes:

Federal Law No. 419-FZ of December 1, 2014 amended Article 17 of this Federal Law, which comes into force on January 1, 2016.

See the text of the article in the future edition

Federal Law No. 124-FZ of July 20, 2012 amended Article 17 of this Federal Law

See the text of the article in the previous edition

Article 17. Providing people with disabilities with living space

Disabled people and families with disabled children in need of improved housing conditions are registered and provided with living quarters in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Providing, at the expense of federal budget funds, housing for disabled people and families with disabled children in need of improved housing conditions, registered before January 1, 2005, is carried out in accordance with the provisions of Article 28.2 of this Federal Law.

Disabled people and families with disabled children in need of improved housing conditions, registered after January 1, 2005, are provided with living quarters in accordance with the housing legislation of the Russian Federation.

Determining the procedure for providing residential premises (under a social tenancy agreement or ownership) to citizens in need of improved housing conditions who registered before January 1, 2005, is established by the legislation of the constituent entities of the Russian Federation.

Residential premises are provided to disabled people and families with disabled children, taking into account their state of health and other circumstances worthy of attention.

Disabled people may be provided with residential premises under a social tenancy agreement with a total area exceeding the norm for provision per person (but not more than twice), provided that they suffer from severe forms of chronic diseases provided for in the list established by the federal body authorized by the Government of the Russian Federation executive power.

GUARANTEE:

See the List of diseases that give disabled people suffering from them the right to additional living space, approved by Decree of the Government of the Russian Federation of December 21, 2004 N 817

Payment for residential premises (fee for social rent, as well as for the maintenance and repair of residential premises) provided to a disabled person under a social rental agreement in excess of the norm for the provision of residential premises area is determined based on the occupied total area of ​​residential premises in a single amount, taking into account the benefits provided.

Residential premises occupied by disabled people are equipped with special means and devices in accordance with the individual rehabilitation program of the disabled person.

Disabled people living in stationary social service institutions and wishing to obtain residential premises under a social tenancy agreement are subject to registration to improve their living conditions, regardless of the size of the occupied area and are provided with residential premises on an equal basis with other disabled people.

Disabled children living in stationary social service institutions, who are orphans or left without parental care, upon reaching the age of 18 years, are subject to being provided with residential premises out of turn, if the individual rehabilitation program for the disabled person provides for the opportunity to provide self-care and lead an independent lifestyle.

Residential premises of the state or municipal housing stock, occupied by a disabled person under a social tenancy agreement, when the disabled person is placed in a stationary social service institution, are retained by him for six months.

Specially equipped residential premises of the state or municipal housing stock, occupied by disabled people under a social tenancy agreement, upon their vacancy, are occupied first of all by other disabled people in need of improved housing conditions.

Disabled people and families with disabled children are provided with a discount of at least 50 percent on the cost of living quarters in state or municipal housing stock and payment for utilities (regardless of the ownership of the housing stock), and in residential buildings that do not have central heating - on the cost of fuel purchased within the limits established for sale to the public.

Disabled people and families that include disabled people are given the right to priority receipt of land plots for individual housing construction, farming and gardening.

GUARANTEE:

On providing benefits to disabled people and families with disabled children to provide them with living quarters, pay for housing and utilities, see Decree of the Government of the Russian Federation of July 27, 1996 N 901

See comments to Article 17 of this Federal Law

Information about changes:

See text of Article 18

Information about changes:

Federal Law No. 419-FZ of December 1, 2014 amended Article 19 of this Federal Law, which comes into force on January 1, 2016.

See the text of the article in the future edition

Federal Law of July 2, 2013 N 185-FZ Article 19 of this Federal Law is stated in a new wording, which comes into force on September 1, 2013.

See the text of the article in the previous edition

Article 19. Education for people with disabilities

The state supports the acquisition of education by people with disabilities and guarantees the creation of the necessary conditions for people with disabilities to receive it.

Support for general education, vocational education and vocational training for people with disabilities is aimed at:

1) their exercise of human rights and freedoms on an equal basis with other citizens;

2) development of personality, individual abilities and capabilities;

3) integration into society.

Bodies exercising management in the field of education and educational organizations, together with social protection authorities and health authorities, ensure that people with disabilities receive public and free pre-school, primary general, basic general, secondary general education and secondary vocational education, as well as free higher education.

General education, vocational education and vocational training for disabled people are carried out in accordance with adapted educational programs and individual rehabilitation programs for disabled people.

Bodies exercising management in the field of education and organizations carrying out educational activities provide disabled people and their parents (legal representatives) with information on the issues of obtaining general education, vocational education, vocational training and rehabilitation of disabled people.

State authorities and organizations engaged in educational activities provide psychological and pedagogical support when disabled people receive education, including when disabled children receive general education at home and in the form of family education.

Disabled people are provided with the necessary conditions for receiving education in organizations that carry out educational activities in the implementation of basic general education programs, in which special conditions have been created for students with disabilities to receive education, as well as in individual organizations that carry out educational activities in accordance with adapted basic general education programs.

If it is impossible to educate disabled children in basic general education programs in organizations engaged in educational activities, the bodies in charge of education, with the consent of the parents (legal representatives) of disabled children, ensure the organization of training for disabled children in basic general education programs at home. The basis for organizing education for disabled children at home is a written request from their parents (legal representatives) and a conclusion from a medical organization, issued in the manner and under the conditions determined by the federal executive body responsible for the development and implementation of state policy and legal regulation in healthcare sector.

The list of diseases, the presence of which gives the right to study in basic general education programs at home, is approved by the federal executive body authorized by the Government of the Russian Federation.

The procedure for regulating and formalizing relations between a state or municipal educational organization and parents (legal representatives) of disabled children in terms of organizing training in basic general education programs at home is established by a regulatory legal act of the authorized government body of a constituent entity of the Russian Federation. The amount of compensation for the expenses of parents (legal representatives) of disabled children for these purposes is determined by laws and other regulatory legal acts of the constituent entities of the Russian Federation and are the expenditure obligations of the constituent entities of the Russian Federation.

GUARANTEE:

See comments to Article 19 of this Federal Law

Information about changes:

Federal Law No. 419-FZ of December 1, 2014 amended Article 20 of this Federal Law, which comes into force on January 1, 2016.

See the text of the article in the future edition

Article 20. Providing employment for people with disabilities

Disabled people are provided with guarantees of employment by federal government bodies and government bodies of the constituent entities of the Russian Federation through the following special events that help increase their competitiveness in the labor market:

Information about changes:

See the text of paragraph 1 of Article 20

2) establishing in organizations, regardless of organizational and legal forms and forms of ownership, quotas for hiring disabled people and a minimum number of special jobs for disabled people;

3) reserving jobs in professions most suitable for employing people with disabilities;

4) stimulating the creation by enterprises, institutions, organizations of additional jobs (including special ones) for the employment of people with disabilities;

GUARANTEE:

5) creating working conditions for disabled people in accordance with individual rehabilitation programs for disabled people;

6) creating conditions for entrepreneurial activity of disabled people;

7) organizing training for disabled people in new professions.

GUARANTEE:

The procedure for the participation of elderly citizens and disabled people living in inpatient social service institutions in medical and labor activities was approved by Decree of the Government of the Russian Federation of December 26, 1995 N 1285

See the List of priority professions of workers and employees, the mastery of which gives disabled people the greatest opportunity to be competitive in regional labor markets, approved by Resolution of the Ministry of Labor of the Russian Federation of September 8, 1993 N 150

See comments to Article 20 of this Federal Law

Information about changes:

Federal Law No. 421-FZ of December 28, 2013 amended Article 21 of this Federal Law, which comes into force on January 1, 2014.

See the text of the article in the previous edition

Article 21. Establishing a quota for hiring disabled people

For employers whose number of employees exceeds 100 people, the legislation of the constituent entity of the Russian Federation establishes a quota for hiring disabled people in the amount of 2 to 4 percent of the average number of employees. For employers whose number of employees is no less than 35 people and no more than 100 people, the legislation of a constituent entity of the Russian Federation may establish a quota for hiring disabled people in the amount of no more than 3 percent of the average number of employees.

GUARANTEE:

See the certificate on quotas for hiring disabled people and other categories of workers whom the employer is obliged to employ in the organization

When calculating the quota for hiring disabled people, the average number of employees does not include workers whose working conditions are classified as harmful and (or) dangerous working conditions based on the results of certification of workplaces for working conditions or the results of a special assessment of working conditions.

If the employers are public associations of disabled people and organizations formed by them, including business partnerships and societies, the authorized (share) capital of which consists of the contribution of a public association of disabled people, these employers are exempt from complying with the established quota for hiring disabled people.

GUARANTEE:

See comments to Article 21 of this Federal Law

Information about changes:

Federal Law No. 168-FZ of July 2, 2013 amended Article 22 of this Federal Law

See the text of the article in the previous edition

GUARANTEE:

Article 22. Special workplaces for employing disabled people

Special workplaces for employing disabled people are workplaces that require additional measures to organize work, including adaptation of main and auxiliary equipment, technical and organizational equipment, additional equipment and provision of technical devices, taking into account the individual capabilities of disabled people. Special workplaces for the employment of disabled people are equipped (equipped) by employers, taking into account the impaired functions of disabled people and the limitations of their life activities in accordance with the basic requirements for such equipment (equipment) of these workplaces, determined by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of labor and social protection of the population.

The minimum number of special jobs for employing disabled people is established by the executive authorities of the constituent entities of the Russian Federation for each enterprise, institution, organization within the established quota for hiring disabled people.

Information about changes:

See the text of parts three and four of Article 22

GUARANTEE:

On the requirements for organizing workplaces for people with disabilities, see also SP 2.2.9.2510-09, approved by Decree of the Chief State Sanitary Doctor of the Russian Federation dated May 18, 2009 N 30

See comments to Article 22 of this Federal Law

Information about changes:

Federal Law No. 419-FZ of December 1, 2014 amended Article 23 of this Federal Law, which comes into force on January 1, 2016.

See the text of the article in the future edition

Federal Law No. 74-FZ of June 9, 2001 amended Article 23 of this Federal Law

See the text of the article in the previous edition

Article 23. Working conditions for disabled people

GUARANTEE:

Disabled people employed in organizations, regardless of organizational and legal forms and forms of ownership, are provided with the necessary working conditions in accordance with the individual rehabilitation program for the disabled person.

It is not allowed to establish in collective or individual labor contracts working conditions for disabled people (wages, working hours and rest periods, duration of annual and additional paid leave, etc.) that worsen the situation of disabled people in comparison with other employees.

For disabled people of groups I and II, a reduced working time of no more than 35 hours per week is established while maintaining full pay.

Involvement of disabled people in overtime work, work on weekends and at night is allowed only with their consent and provided that such work is not prohibited for them due to health reasons.

Disabled persons are granted annual leave of at least 30 calendar days.

GUARANTEE:

See comments to Article 23 of this Federal Law

Information about changes:

Federal Law No. 419-FZ of December 1, 2014 amended Article 24 of this Federal Law, which comes into force on January 1, 2016.

See the text of the article in the future edition

Federal Law No. 11-FZ of February 23, 2013 amended Article 24 of this Federal Law

See the text of the article in the previous edition

Article 24. Rights, duties and responsibilities of employers in ensuring the employment of people with disabilities

Employers have the right to request and receive information necessary when creating special jobs for employing people with disabilities.

Employers, in accordance with the established quota for hiring disabled people, are obliged to:

1) create or allocate jobs for the employment of people with disabilities and adopt local regulations containing information about these jobs;

GUARANTEE:

Clause 2 of part two of Article 24 of this Federal Law comes into force on January 1, 1996.

2) create working conditions for disabled people in accordance with the individual rehabilitation program for a disabled person;

3) provide, in accordance with the established procedure, information necessary for organizing the employment of disabled people.

Information about changes:

See the text of part three of Article 24

GUARANTEE:

See comments to Article 24 of this Federal Law

Information about changes:

See text of Article 25

Information about changes:

See text of Article 26

Article 27. Material support for disabled people

Material support for disabled people includes monetary payments on various grounds (pensions, benefits, insurance payments for insuring the risk of health impairment, payments for compensation for harm caused to health, and other payments), compensation in cases established by the legislation of the Russian Federation.

Information about changes:

See the text of part two of Article 27

GUARANTEE:

See comments to Article 27 of this Federal Law

Information about changes:

Federal Law No. 160-FZ of July 23, 2008 amended Article 28 of this Federal Law, which comes into force on January 1, 2009.

See the text of the article in the previous edition

Article 28. Social services for disabled people

GUARANTEE:

On social services for people with disabilities, see also Federal Law of December 10, 1995 N 195-FZ

Social services for disabled people are provided in the manner and on the basis determined by government bodies of the constituent entities of the Russian Federation with the participation of public associations of disabled people.

The executive authorities of the constituent entities of the Russian Federation create special social services for disabled people, including the delivery of food and industrial goods to disabled people, and approve a list of diseases of disabled people for which they are entitled to preferential services.

Disabled people in need of outside care and assistance are provided with medical and household services at home or in inpatient institutions. The conditions of stay of disabled people in a stationary social service institution must ensure that disabled people can exercise their rights and legitimate interests in accordance with this Federal Law and help meet their needs.

GUARANTEE:

Disabled people are provided with the necessary means of telecommunications services, special telephone sets (including for subscribers with hearing impairments), and public call centers.

Information about changes:

See the text of part five of Article 28

Disabled people are provided with household appliances, tiflo-, surdo- and other means they need for social adaptation.

Maintenance and repair of technical means of rehabilitation of disabled people are carried out out of turn with exemption from payment or on preferential terms.

The procedure for providing services for the maintenance and repair of technical means of rehabilitation for disabled people is determined by the federal executive body authorized by the Government of the Russian Federation.

GUARANTEE:

See comments to Article 28 of this Federal Law

Information about changes:

Federal Law No. 122-FZ of August 22, 2004 (as amended by Federal Law No. 199-FZ of December 29, 2004) supplemented this Federal Law with Article 28.1, which comes into force on January 1, 2005.

Article 28.1. Monthly cash payment for disabled people

1. Disabled persons and disabled children have the right to a monthly cash payment in the amount and manner established by this article.

Information about changes:

Federal Law of July 24, 2009 N 213-FZ Part 2 of Article 28.1 of this Federal Law is stated in a new wording, which comes into force on January 1, 2010.

1. The monthly cash payment is set in the amount of:

1) disabled people of group I - 2,162 rubles;

2) disabled people of group II, disabled children - 1,544 rubles;

3) disabled people of group III - 1,236 rubles.

1. If a citizen simultaneously has the right to a monthly cash payment under this Federal Law and under another federal law or other regulatory legal act, regardless of the basis on which it is established (except for cases where a monthly cash payment is established in accordance with the Law of the Russian Federation “On Social Protection of Citizens”) exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant" (as amended by the Law of the Russian Federation of June 18, 1992 N 3061-1), Federal Law of January 10, 2002 N 2-FZ "On social guarantees for citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site"), he is provided with one monthly cash payment either under this Federal Law, or under another federal law or other regulatory legal act of the citizen’s choice.

Information about changes:

Federal Law No. 213-FZ of July 24, 2009 introduced amendments to Part 4 of Article 28.1 of this Federal Law, which come into force on January 1, 2010.

See the text of the part in the previous edition

1. The amount of the monthly cash payment is subject to indexation once a year from April 1 of the current year based on the forecast level of inflation established by the federal law on the federal budget for the corresponding financial year and for the planning period.
2. The monthly cash payment is established and paid by the territorial body of the Pension Fund of the Russian Federation.

Information about changes:

Federal Law No. 419-FZ of December 1, 2014 amended Part 6 of Article 28.1 of this Federal Law to come into force on January 1, 2016.

See the text of the part in the future edition

1. Monthly cash payments are made in the manner determined by the federal executive body responsible for developing state policy and legal regulation in the field of healthcare and social development.
2. Part of the monthly cash payment can be used to finance the provision of social services to a disabled person in accordance with Federal Law of July 17, 1999 N 178-FZ “On State Social Assistance”.

GUARANTEE:

See comments to Article 28.1 of this Federal Law

Information about changes:

Federal Law No. 200-FZ of June 28, 2014 amended Article 28.2 of this Federal Law

See the text of the article in the previous edition

Article 28.2. Providing social support measures for people with disabilities to pay for housing and utilities, as well as providing housing for people with disabilities and families with disabled children

The Russian Federation transfers to the government authorities of the constituent entities of the Russian Federation the authority to provide social support measures for people with disabilities to pay for housing and utilities and to provide housing for disabled people and families with disabled children in need of improved housing conditions, registered before January 1, 2005 .

Funds for the implementation of transferred powers to provide these social support measures are provided in the federal budget in the form of subventions.

The volume of subventions from the federal budget to the budgets of the constituent entities of the Russian Federation is determined:

for payment of housing and communal services based on the number of persons entitled to the specified social support measures; approved by the Government of the Russian Federation, the federal standard for the maximum cost of provided housing and communal services per 1 square meter of total housing area per month and the federal standard for the social norm of housing area, used to calculate interbudgetary transfers, as well as the minimum amount of contribution established by a specific subject of the Russian Federation for capital repairs of common property in an apartment building;

to provide housing for disabled people and families with disabled children, based on the number of persons entitled to the specified social support measures; the total housing area is 18 square meters and the average market value of 1 square meter of the total housing area in the constituent entity of the Russian Federation, established by the federal executive body authorized by the Government of the Russian Federation.

Subventions are credited in the manner established for the execution of the federal budget to the accounts of the budgets of the constituent entities of the Russian Federation.

The procedure for spending and accounting for funds for the provision of subventions is established by the Government of the Russian Federation.

The form of provision of these social support measures is determined by the regulatory legal acts of the constituent entity of the Russian Federation.

State authorities of the constituent entities of the Russian Federation quarterly submit to the federal executive body, which develops a unified state financial, credit, and monetary policy, a report on the expenditure of provided subventions indicating the number of persons entitled to the specified social support measures, categories of recipients of social support measures, and to the federal executive body responsible for developing a unified state policy in the field of healthcare, social development, labor and consumer protection - a list of persons who have been provided with social support measures, indicating the categories of recipients, the basis for receiving social support measures, the size of the occupied area and the cost provided or purchased housing. If necessary, additional reporting data is submitted in the manner determined by the Government of the Russian Federation.

Funds for the implementation of these powers are targeted and cannot be used for other purposes.

If funds are not used for their intended purpose, the authorized federal executive body has the right to collect these funds in the manner established by the legislation of the Russian Federation.

Control over the expenditure of funds is carried out by the federal executive body exercising control and supervision functions in the financial and budgetary sphere, the federal executive body exercising control and supervision functions in the field of healthcare and social development, and the Accounts Chamber of the Russian Federation.

State authorities of the constituent entities of the Russian Federation have the right to vest, by the laws of the constituent entities of the Russian Federation, local self-government bodies with the powers to provide social support measures specified in part one of this article.

GUARANTEE:

See comments to Article 28.2 of this Federal Law

Information about changes:

See text of Article 29

Information about changes:

See text of Article 30

Information about changes:

Federal Law No. 122-FZ of August 22, 2004 amended Article 31 of this Federal Law, which comes into force on January 1, 2005.

See the text of the article in the previous edition

Article 31. The procedure for maintaining social protection measures established for people with disabilities

Information about changes:

See the text of parts one and two of Article 31

In cases where other legal acts for disabled people provide for norms that increase the level of social protection of disabled people compared to this Federal Law, the provisions of these legal acts are applied. If a disabled person has the right to the same measure of social protection under this Federal Law and at the same time under another legal act, the measure of social protection is provided either under this Federal Law or under another legal act (regardless of the basis for establishing the benefit).

GUARANTEE:

See comments to Article 31 of this Federal Law

Information about changes:

Federal Law No. 419-FZ of December 1, 2014 amended Article 32 of this Federal Law, which comes into force on January 1, 2016.

See the text of the article in the future edition

Article 32. Responsibility for violation of the rights of persons with disabilities. Dispute resolution

Citizens and officials guilty of violating the rights and freedoms of people with disabilities bear responsibility in accordance with the legislation of the Russian Federation.

Disputes regarding the determination of disability, the implementation of individual rehabilitation programs for people with disabilities, the provision of specific social protection measures, as well as disputes concerning other rights and freedoms of people with disabilities are considered in court.

GUARANTEE:

See comments to Article 32 of this Federal Law

Chapter V. Public associations of disabled people

Information about changes:

Federal Law No. 110-FZ of July 10, 2012 amended Article 33 of this Federal Law

See the text of the article in the previous edition

Article 33. The right of people with disabilities to create public associations

Public associations created and operating in order to protect the rights and legitimate interests of people with disabilities, providing them with equal opportunities with other citizens, are a form of social protection for people with disabilities. The state provides assistance and assistance to these public associations, including material, technical and financial. Local government bodies have the right to provide support to public associations of people with disabilities at the expense of local budgets (with the exception of interbudgetary transfers provided from the budgets of the budgetary system of the Russian Federation).

GUARANTEE:

See Rules for the provision of subsidies from the federal budget for state support of all-Russian public organizations of disabled people, approved by Decree of the Government of the Russian Federation of December 20, 2010 N 1074

Public organizations of disabled people are recognized as organizations created by disabled people and persons representing their interests, in order to protect the rights and legitimate interests of disabled people, provide them with equal opportunities with other citizens, solve problems of social integration of disabled people, among whose members are disabled people and their legal representatives (one of the parents , adoptive parents, guardian or trustee) constitute at least 80 percent, as well as unions (associations) of these organizations.

Federal executive authorities, executive authorities of constituent entities of the Russian Federation, local government bodies, organizations, regardless of organizational and legal forms and forms of ownership, attract authorized representatives of public associations of disabled people to prepare and make decisions affecting the interests of disabled people. Decisions made in violation of this rule may be declared invalid in court.

Public associations of disabled people may own enterprises, institutions, organizations, business partnerships and societies, buildings, structures, equipment, transport, housing, intellectual values, cash, shares, shares and securities, as well as any other property and land plots in accordance with the legislation of the Russian Federation.

Public associations of disabled people and organizations that were created by all-Russian public associations of disabled people, and whose authorized capital consists entirely of contributions from public organizations of disabled people, and the average number of disabled people in which in relation to other employees is no less than 50 percent, and the share of wages of disabled people in the fund wages - no less than 25 percent; state authorities and local governments can also provide support by providing free use of property (including buildings, non-residential premises) used by these associations and organizations legally for at least five years. the moment of provision of such property.

Providing support to public associations of disabled people can also be carried out in accordance with the Federal Law of January 12, 1996 N 7-FZ “On Non-Profit Organizations” in terms of socially oriented non-profit organizations.

For organizations that are created by all-Russian public associations of disabled people, and whose authorized capital consists entirely of contributions from public organizations of disabled people, and the average number of disabled people in relation to other employees is no less than 50 percent, and the share of wages of disabled people in the wage fund is - no less than 25 percent, the Federal Law of July 24, 2007 N 209-FZ “On the development of small and medium-sized businesses in the Russian Federation” applies if these organizations comply with the requirements established by the said Federal Law, with the exception of paragraph 1 of part 1 of article 4 of the said Federal Law.

GUARANTEE:

See comments to Article 33 of this Federal Law

Information about changes:

See text of Article 34

Chapter VI. Final provisions

Article 35. Entry into force of this Federal Law

This Federal Law comes into force on the date of its official publication, with the exception of articles for which other dates of entry into force are established.

Articles 21, 22, 23 (except for part one), 24 (except for paragraph 2 of part two) of this Federal Law come into force on July 1, 1995; Articles 11 and 17, part two of Article 18, part three of Article 19, paragraph 5 of Article 20, part one of Article 23, paragraph 2 of part two of Article 24, part two of Article 25 of this Federal Law come into force on January 1, 1996; Articles 28, 29, 30 of this Federal Law come into force on January 1, 1997 in terms of expanding the benefits currently in effect.

Articles 14, 15, 16 of this Federal Law come into force during 1995 - 1999. The specific dates for the entry into force of these articles are determined by the Government of the Russian Federation.

GUARANTEE:

See comments to Article 35 of this Federal Law

Article 36. Effect of laws and other regulatory legal acts

The President of the Russian Federation and the Government of the Russian Federation should bring their regulatory legal acts into compliance with this Federal Law.

Until laws and other regulatory legal acts in force on the territory of the Russian Federation are brought into compliance with this Federal Law, laws and other regulatory legal acts are applied to the extent that does not contradict this Federal Law.

GUARANTEE:

See comments to Article 36 of this Federal Law

Moscow, Kremlin

　

RUSSIAN FEDERATION

FEDERAL LAW

ON SOCIAL PROTECTION OF DISABLED PEOPLE IN THE RUSSIAN FEDERATION

Accepted

State Duma

Approved

Federation Council

(as amended by Federal Laws of July 24, 1998 N 125-FZ,

dated 01/04/1999 N 5-FZ, dated 07/17/1999 N 172-FZ,

dated May 27, 2000 N 78-FZ, dated June 9, 2001 N 74-FZ,

dated 08.08.2001 N 123-FZ, dated 29.12.2001 N 188-FZ,

dated December 30, 2001 N 196-FZ, dated May 29, 2002 N 57-FZ,

dated 10.01.2003 N 15-FZ, dated 23.10.2003 N 132-FZ,

dated August 22, 2004 N 122-FZ (as amended on December 29, 2004), dated December 29, 2004 N 199-FZ,

dated December 31, 2005 N 199-FZ, dated October 18, 2007 N 230-FZ,

dated 01.12.2007 N 309-FZ, dated 01.03.2008 N 18-FZ,

dated July 14, 2008 N 110-FZ, dated July 23, 2008 N 160-FZ,

dated December 22, 2008 N 269-FZ, dated April 28, 2009 N 72-FZ,

dated July 24, 2009 N 213-FZ)

This Federal Law determines the state policy in the field of social protection of disabled people in the Russian Federation, the purpose of which is to provide disabled people with equal opportunities with other citizens in the implementation of civil, economic, political and other rights and freedoms provided for by the Constitution of the Russian Federation, as well as in accordance with generally recognized principles and norms of international law and international treaties of the Russian Federation.

The measures for social protection of disabled people provided for by this Federal Law are expenditure obligations of the Russian Federation, with the exception of measures of social support and social services related to the powers of the state authorities of the constituent entities of the Russian Federation in accordance with the legislation of the Russian Federation.

(paragraph introduced by Federal Law of August 22, 2004 N 122-FZ)

Chapter I. GENERAL PROVISIONS

Article 1. The concept of “disabled person”, grounds for determining the disability group

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

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

Depending on the degree of disorder of body functions and limitations in life activity, persons recognized as disabled are assigned a disability group, and persons under the age of 18 are assigned the category “disabled child.”

(as amended by Federal Law dated July 17, 1999 N 172-FZ)

Recognition of a person as disabled is carried out by the federal institution of medical and social examination. The procedure and conditions for recognizing a person as disabled are established by the Government of the Russian Federation.

Article 2. The concept of social protection of disabled people

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

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

ConsultantPlus: note.

For some measures of social support for people with disabilities, see Decree of the President of the Russian Federation dated May 6, 2008 N 685.

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

(Part two was introduced by Federal Law No. 122-FZ of August 22, 2004)

Article 3. Legislation of the Russian Federation on social protection of disabled people

The legislation of the Russian Federation on social protection of disabled people consists of the relevant provisions of the Constitution of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.

If an international treaty (agreement) of the Russian Federation establishes rules other than those provided for by this Federal Law, then the rules of the international treaty (agreement) apply.

Article 4. Competence of federal government bodies in the field of social protection of disabled people

The jurisdiction of federal government bodies in the field of social protection of disabled people includes:

1) determination of state policy regarding persons with disabilities;

2) adoption of federal laws and other regulatory legal acts of the Russian Federation on social protection of disabled people (including those regulating the procedure and conditions for providing disabled people with a single federal minimum of social protection measures); control over the implementation of the legislation of the Russian Federation on social protection of disabled people;

3) conclusion of international treaties (agreements) of the Russian Federation on issues of social protection of disabled people;

4) establishment of general principles of organization and implementation of medical and social examination and rehabilitation of disabled people;

5) defining criteria, establishing conditions for recognizing a person as disabled;

6) establishing standards for technical means of rehabilitation, means of communication and computer science, establishing norms and rules that ensure accessibility of the living environment for disabled people; determining appropriate certification requirements;

7) establishing a procedure for accreditation of organizations, regardless of organizational and legal forms and forms of ownership, carrying out activities in the field of rehabilitation of disabled people;

8) implementation of accreditation of enterprises, institutions and organizations that are federally owned and carry out activities in the field of rehabilitation of disabled people;

(as amended by Federal Law No. 15-FZ of January 10, 2003)

ConsultantPlus: note.

Resolution of the Government of the Russian Federation dated December 29, 2005 N 832 approved the federal target program “Social support for disabled people for 2006 - 2010”.

9) development and implementation of federal target programs in the field of social protection of disabled people, monitoring their implementation;

10) approval and financing of the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person;

(Clause 10 as amended by Federal Law dated August 22, 2004 N 122-FZ)

11) creation of federal institutions of medical and social expertise, monitoring their activities;

(Clause 11 as amended by Federal Law No. 122-FZ of August 22, 2004)

12) has become invalid. - Federal Law of August 22, 2004 N 122-FZ;

13) coordination of scientific research, financing of research and development work on the problems of disability and people with disabilities;

14) development of methodological documents on issues of social protection of disabled people;

15) has become invalid. - Federal Law of August 22, 2004 N 122-FZ;

16) assistance in the work of all-Russian public associations of disabled people and providing them with assistance;

17) - 18) are no longer valid. - Federal Law of August 22, 2004 N 122-FZ;

19) formation of federal budget indicators for expenditures on social protection of disabled people;

20) establishment of a unified system for registering disabled people in the Russian Federation, including disabled children, and organizing, on the basis of this system, statistical monitoring of the socio-economic situation of disabled people and their demographic composition.

(Clause 20 introduced by Federal Law dated July 17, 1999 N 172-FZ)

Article 5. Participation of state authorities of the constituent entities of the Russian Federation in ensuring social protection and social support for people with disabilities

(as amended by Federal Law dated December 31, 2005 N 199-FZ)

State authorities of the constituent entities of the Russian Federation in the field of social protection and social support for disabled people have the right:

1) participation in the implementation of state policy regarding people with disabilities in the territories of the constituent entities of the Russian Federation;

2) adoption, in accordance with federal laws, of laws and other regulatory legal acts of the constituent entities of the Russian Federation;

3) participation in determining priorities in the implementation of social policy regarding people with disabilities in the territories of the constituent entities of the Russian Federation, taking into account the level of socio-economic development of these territories;

4) development, approval and implementation of regional programs in the field of social protection of disabled people in order to provide them with equal opportunities and social integration into society, as well as the right to monitor their implementation;

5) exchange information with authorized federal executive bodies on the social protection of disabled people and on the provision of social support to them;

6) providing additional measures of social support to people with disabilities from the budgets of the constituent entities of the Russian Federation;

7) promoting the employment of disabled people, including stimulating the creation of special jobs for their employment;

8) carrying out activities for training personnel in the field of social protection of disabled people;

9) financing scientific research, research and development work in the field of social protection of disabled people;

10) assistance to public associations of disabled people.

Article 6. Liability for causing harm to health leading to disability

For causing harm to the health of citizens resulting in disability, the persons responsible for this bear material, civil, administrative and criminal liability in accordance with the legislation of the Russian Federation.

Chapter II. MEDICAL AND SOCIAL EXAMINATION

Article 7. The concept of medical and social examination

Medical and social examination is the determination, in the prescribed manner, of the needs of the examined person for social protection measures, including rehabilitation, based on an assessment of the limitations in life activity caused by a persistent disorder of body functions.

Medical and social examination is carried out on the basis of a comprehensive assessment of the state of the body based on the analysis of clinical, functional, social, professional, labor, psychological data of the person being examined using classifications and criteria developed and approved in the manner determined by the federal executive body authorized by the Government of the Russian Federation authorities.

Article 8. Federal institutions of medical and social examination

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Medical and social examination is carried out by federal institutions of medical and social examination, subordinate to the authorized body determined by the Government of the Russian Federation. The procedure for organizing and operating federal institutions of medical and social expertise is determined by the federal executive body authorized by the Government of the Russian Federation.

(as amended by Federal Laws dated August 22, 2004 N 122-FZ, dated July 23, 2008 N 160-FZ)

Federal medical and social examination institutions are responsible for:

(as amended by Federal Laws dated October 23, 2003 N 132-FZ, dated August 22, 2004 N 122-FZ)

1) establishing disability, its causes, timing, time of onset of disability, the need of a disabled person for various types of social protection;

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

2) development of individual rehabilitation programs for disabled people;

3) study of the level and causes of disability of the population;

4) participation in the development of comprehensive programs for the rehabilitation of disabled people, disability prevention and social protection of disabled people;

(Clause 4 as amended by Federal Law dated October 23, 2003 N 132-FZ)

5) determination of the degree of loss of professional ability to work;

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

6) determining the cause of death of a disabled person in cases where the legislation of the Russian Federation provides for the provision of social support measures to the family of the deceased.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

The decision to establish a medical and social examination is mandatory for execution by the relevant government bodies, local government bodies, as well as organizations, regardless of organizational, legal forms and forms of ownership.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Chapter III. REHABILITATION OF DISABLED PERSONS

Article 9. Concept of rehabilitation of disabled people

Rehabilitation of disabled people is a system and process of full or partial restoration of the abilities of disabled people for everyday, social and professional activities. Rehabilitation of disabled people is aimed at eliminating or, as fully as possible, compensating for life limitations caused by health problems with persistent impairment of body functions, for the purpose of social adaptation of disabled people, their achievement of financial independence and their integration into society.

The main areas of rehabilitation of disabled people include:

restorative medical measures, reconstructive surgery, prosthetics and orthotics, spa treatment;

vocational guidance, training and education, assistance in employment, industrial adaptation;

social-environmental, socio-pedagogical, socio-psychological and sociocultural rehabilitation, social and everyday adaptation;

physical education and health activities, sports.

The implementation of the main directions of rehabilitation of disabled people involves the use of technical means of rehabilitation by disabled people, the creation of the necessary conditions for unhindered access of disabled people to objects of engineering, transport, social infrastructure and the use of means of transport, communication and information, as well as providing disabled people and members of their families with information on the issues of rehabilitation of disabled people.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Article 10. Federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

The state guarantees disabled people the implementation of rehabilitation measures, the receipt of technical means and services provided for by the federal list of rehabilitation measures, technical means of rehabilitation and services provided to the disabled person at the expense of the federal budget.

The federal list of rehabilitation measures, technical means of rehabilitation and services provided to disabled people is approved by the Government of the Russian Federation.

Article 11. Individual rehabilitation program for a disabled person

Individual rehabilitation program for a disabled person - developed on the basis of a decision of the authorized body that manages federal institutions of medical and social expertise, a set of optimal rehabilitation measures for a disabled person, including certain types, forms, volumes, terms and procedures for the implementation of medical, professional and other rehabilitation measures, aimed at restoring, compensating for impaired or lost body functions, restoring, compensating for the abilities of a disabled person to perform certain types of activities.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

An individual rehabilitation program for a disabled person is mandatory for execution by the relevant government bodies, local government bodies, as well as organizations, regardless of organizational, legal forms and forms of ownership.

An individual rehabilitation program for a disabled person contains both rehabilitation measures provided to a disabled person with an exemption from fees in accordance with the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person, and rehabilitation measures, the payment for which is paid for by the disabled person himself or other persons or organizations independently on organizational and legal forms and forms of ownership.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

The volume of rehabilitation measures provided for by the individual rehabilitation program for a disabled person cannot be less than that established by the federal list of rehabilitation measures, technical means of rehabilitation and services provided to a disabled person.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

An individual rehabilitation program is of a recommendatory nature for a disabled person; he has the right to refuse one or another type, form and volume of rehabilitation measures, as well as the implementation of the program as a whole. A disabled person has the right to independently decide on the issue of providing himself with a specific technical means of rehabilitation or type of rehabilitation, including wheelchairs, prosthetic and orthopedic products, printed publications with a special font, sound-amplifying equipment, signaling devices, video materials with subtitles or sign language translation, and other similar means.

(as amended by Federal Laws dated October 23, 2003 N 132-FZ, dated August 22, 2004 N 122-FZ)

If a technical means of rehabilitation or service provided for by an individual rehabilitation program cannot be provided to a disabled person, or if a disabled person has purchased the appropriate means or paid for the service at his own expense, then he is paid compensation in the amount of the cost of a technical means of rehabilitation or services that should be provided to the disabled person.

(as amended by Federal Laws dated October 23, 2003 N 132-FZ, dated August 22, 2004 N 122-FZ)

Refusal of a disabled person (or a person representing his interests) from an individual rehabilitation program as a whole or from the implementation of its individual parts releases the relevant government bodies, local government bodies, as well as organizations, regardless of organizational and legal forms and forms of ownership, from responsibility for its implementation and does not give a disabled person the right to receive compensation in the amount of the cost of rehabilitation measures provided free of charge.

Article 11.1. Technical means for rehabilitation of disabled people

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

(introduced by Federal Law dated October 23, 2003 N 132-FZ)

Technical means of rehabilitation of disabled people include devices containing technical solutions, including special ones, used to compensate for or eliminate persistent limitations in the life of a disabled person.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Technical means of rehabilitation of disabled people are:

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

the paragraph is no longer valid. - Federal Law of August 22, 2004 N 122-FZ;

special means for self-service;

special care products;

special means for orientation (including guide dogs with a set of equipment), communication and information exchange;

special means for training, education (including literature for the blind) and employment;

prosthetic products (including prosthetic and orthopedic products, orthopedic shoes and special clothing, eye prostheses and hearing aids);

special training and sports equipment, sports equipment.

The decision to provide disabled people with technical means of rehabilitation is made when medical indications and contraindications are established.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Medical indications and contraindications are established based on an assessment of persistent disorders of body functions caused by diseases, consequences of injuries and defects.

For medical reasons, it is established that it is necessary to provide a disabled person with technical means of rehabilitation that provide compensation or elimination of persistent limitations in the disabled person’s life.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Parts six - seven are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Financing of expenditure obligations to provide disabled people with technical means of rehabilitation, including the manufacture and repair of prosthetic and orthopedic products, is carried out from the federal budget and the Social Insurance Fund of the Russian Federation.

Parts nine through eleven are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

The technical means of rehabilitation provided for by individual rehabilitation programs for disabled people, provided to them at the expense of the federal budget and the Social Insurance Fund of the Russian Federation, are transferred to disabled people for free use.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Additional funds to finance the costs of the technical means of rehabilitation of disabled people provided for in this article may be obtained from other sources not prohibited by law.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Technical means of rehabilitation are provided to disabled people at their place of residence by authorized bodies in the manner determined by the Government of the Russian Federation, the Social Insurance Fund of the Russian Federation, as well as other interested organizations.

(Part fourteen as amended by Federal Law No. 122-FZ of August 22, 2004)

The list of indications for providing disabled people with technical means of rehabilitation and the procedure for providing disabled people with technical means of rehabilitation are determined by the federal executive body authorized by the Government of the Russian Federation.

(Part fifteen as amended by Federal Law No. 160-FZ of July 23, 2008)

The amount and procedure for paying annual monetary compensation to disabled people for the costs of maintaining and veterinary care of guide dogs are determined by the Government of the Russian Federation.

(Part sixteen as amended by Federal Law No. 122-FZ of August 22, 2004)

Article 12. Lost force. - Federal Law of August 22, 2004 N 122-FZ.

Chapter IV. ENSURING LIFE ACTIVITIES OF DISABLED PEOPLE

Article 13. Medical assistance to disabled people

The provision of qualified medical care to disabled people is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation within the framework of the program of state guarantees for the provision of free medical care to citizens of the Russian Federation.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Parts two and three are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Article 14. Ensuring unhindered access to information for people with disabilities

The state guarantees a disabled person the right to receive the necessary information. Ensuring the publication of literature for the visually impaired is an expenditure obligation of the Russian Federation. The acquisition of periodical, scientific, educational, methodological, reference, information and fiction literature for people with disabilities, including those published on tape cassettes and in embossed dot Braille, for educational institutions and libraries run by the constituent entities of the Russian Federation and municipal educational institutions is expenditure obligation of the constituent entities of the Russian Federation, for municipal libraries - expenditure obligation of the local government body. The acquisition of literature specified in this part for federal educational institutions and libraries is an expenditure obligation of the Russian Federation.

Sign language is recognized as a means of interpersonal communication. A system of subtitling or sign language translation of television programs, films and videos is being introduced.

Authorized bodies provide assistance to people with disabilities in obtaining sign language interpretation services, providing sign language equipment, and providing typhoid medications.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Article 15. Ensuring unimpeded access for people with disabilities to social infrastructure facilities

The Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, local government bodies and organizations, regardless of organizational and legal forms, create conditions for people with disabilities (including people with disabilities using wheelchairs and guide dogs) for unimpeded access to social infrastructure facilities (residential, public and industrial buildings, structures and structures, sports facilities, recreational facilities, cultural, entertainment and other institutions), as well as for the unhindered use of railway, air, water, intercity road transport and all types of urban and suburban passenger transport, communications and information (including means that provide duplication of sound signals for light signals of traffic lights and devices regulating the movement of pedestrians through transport communications).

(Part one as amended by Federal Law dated 08.08.2001 N 123-FZ)

Planning and development of cities and other populated areas, formation of residential and recreational areas, development of design solutions for new construction and reconstruction of buildings, structures and their complexes, as well as the development and production of public transport vehicles, communications and information equipment without adapting these objects for access disabled people are not allowed to access them or use them.

State and municipal expenditures on the development and production of vehicles taking into account the needs of people with disabilities, the adaptation of vehicles, communications and information for unhindered access to them by people with disabilities and their use by people with disabilities, the creation of conditions for people with disabilities for unhindered access to engineering, transport and social infrastructure facilities are carried out in within the limits of allocations annually provided for these purposes in budgets of all levels. Expenses for carrying out these activities that are not related to state and municipal expenses are made from other sources not prohibited by the legislation of the Russian Federation.

(Part three as amended by Federal Law dated 08.08.2001 N 123-FZ)

Part four is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

In cases where existing facilities cannot be fully adapted to the needs of people with disabilities, the owners of these facilities must, in agreement with public associations of people with disabilities, take measures to ensure that the minimum needs of people with disabilities are met.

Enterprises, institutions and organizations providing transport services to the population provide special devices for stations, airports and other facilities that allow people with disabilities to freely use their services. Organizations of the mechanical engineering complex that produce vehicles, as well as organizations, regardless of organizational and legal forms, that provide transport services to the population, provide the equipment of the specified means with special devices and devices in order to create conditions for disabled people for the unhindered use of these means.

Places for the construction of a garage or parking for technical and other means of transportation are provided to disabled people out of turn near their place of residence, taking into account urban planning standards.

Part eight is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

At each parking lot (stop) of vehicles, including near trade enterprises, services, medical, sports and cultural and entertainment institutions, at least 10 percent of the spaces (but not less than one space) are allocated for parking special vehicles for disabled people who are not must be occupied by other vehicles. Disabled persons use parking spaces for special vehicles free of charge.

Article 16. Responsibility for evading the requirements for creating conditions for people with disabilities for unhindered access to engineering, transport and social infrastructure facilities

(as amended by Federal Law dated 08.08.2001 N 123-FZ)

Legal entities and officials for evading compliance with the requirements provided for by this Federal Law, other federal laws and other regulatory legal acts for creating conditions for people with disabilities for unhindered access to engineering, transport and social infrastructure facilities, as well as for unhindered use of railway, air, water, intercity road transport and all types of urban and suburban passenger transport, communications and information means bear administrative responsibility in accordance with the legislation of the Russian Federation.

Funds received from the collection of administrative fines for evading the requirements for creating conditions for people with disabilities to have unhindered access to the specified objects and means are credited to the federal budget.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Article 17. Providing disabled people with living space

(as amended by Federal Law dated December 29, 2004 N 199-FZ)

Disabled people and families with disabled children in need of improved housing conditions are registered and provided with living quarters in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Providing, at the expense of federal budget funds, housing for disabled people and families with disabled children in need of improved housing conditions, registered before January 1, 2005, is carried out in accordance with the provisions of Article 28.2 of this Federal Law.

Disabled people and families with disabled children in need of improved housing conditions, registered after January 1, 2005, are provided with living quarters in accordance with the housing legislation of the Russian Federation.

Determining the procedure for providing residential premises (under a social tenancy agreement or ownership) to citizens in need of improved housing conditions who registered before January 1, 2005, is established by the legislation of the constituent entities of the Russian Federation.

Residential premises are provided to disabled people and families with disabled children, taking into account their state of health and other circumstances worthy of attention.

Disabled people may be provided with residential premises under a social tenancy agreement with a total area exceeding the norm for provision per person (but not more than twice), provided that they suffer from severe forms of chronic diseases provided for in the list established by the federal body authorized by the Government of the Russian Federation executive power.

(as amended by Federal Law dated July 23, 2008 N 160-FZ)

Payment for residential premises (fee for social rent, as well as for the maintenance and repair of residential premises) provided to a disabled person under a social rental agreement in excess of the norm for the provision of residential premises area is determined based on the occupied total area of ​​residential premises in a single amount, taking into account the benefits provided.

Residential premises occupied by disabled people are equipped with special means and devices in accordance with the individual rehabilitation program of the disabled person.

Disabled people living in stationary social service institutions and wishing to obtain residential premises under a social tenancy agreement are subject to registration to improve their living conditions, regardless of the size of the occupied area and are provided with residential premises on an equal basis with other disabled people.

Disabled children living in stationary social service institutions, who are orphans or left without parental care, upon reaching the age of 18 years, are subject to being provided with residential premises out of turn, if the individual rehabilitation program for the disabled person provides for the opportunity to provide self-care and lead an independent lifestyle.

Residential premises in the houses of the state or municipal housing stock, occupied by a disabled person under a social tenancy agreement, when the disabled person is placed in a stationary social service institution, are retained by him for six months.

Specially equipped residential premises in houses of the state or municipal housing stock, occupied by disabled people under a social tenancy agreement, upon their vacancy, are occupied primarily by other disabled people in need of improved housing conditions.

Disabled people and families with disabled children are provided with a discount of at least 50 percent on payment for housing (in houses of state or municipal housing stock) and payment for utilities (regardless of the ownership of the housing stock), and in residential buildings that do not have central heating, - on the cost of fuel purchased within the limits established for sale to the public.

Disabled people and families that include disabled people are given the right to priority receipt of land plots for individual housing construction, farming and gardening.

Article 18. Education and training of disabled children

Part one is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Educational institutions, together with social protection authorities and health authorities, provide pre-school, out-of-school education and education for disabled children, and the receipt of secondary general education, secondary vocational and higher vocational education for disabled people in accordance with the individual rehabilitation program for the disabled person.

Disabled children of preschool age are provided with the necessary rehabilitation measures and conditions are created for their stay in general preschool institutions. For disabled children whose health condition precludes their stay in general preschool institutions, special preschool institutions are created.

If it is impossible to educate and educate disabled children in general or special preschool and general education institutions, education authorities and educational institutions, with the consent of parents, provide education for disabled children according to a full general education or individual program at home.

The procedure for raising and educating disabled children at home, as well as the amount of compensation for parents' expenses for these purposes, are determined by laws and other regulations of the constituent entities of the Russian Federation and are expenditure obligations of the budgets of the constituent entities of the Russian Federation.

(Part five as amended by Federal Law No. 122-FZ dated August 22, 2004)

The upbringing and education of disabled children in preschool and general education institutions are expenditure obligations of a constituent entity of the Russian Federation.

(Part six as amended by Federal Law No. 122-FZ dated August 22, 2004)

Article 19. Education of disabled people

The state guarantees the necessary conditions for people with disabilities to receive education and professional training.

General education of disabled people is carried out with exemption from fees both in general educational institutions, equipped, if necessary, with special technical means, and in special educational institutions and is regulated by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

The state ensures that disabled people receive basic general, secondary (complete) general education, primary vocational, secondary vocational and higher vocational education in accordance with the individual rehabilitation program for the disabled person.

Vocational education of disabled people in educational institutions of various types and levels is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

For disabled people who need special conditions for receiving vocational education, special vocational educational institutions of various types and types or corresponding conditions in general vocational educational institutions are created.

Vocational training and vocational education of people with disabilities in special vocational educational institutions for people with disabilities are carried out in accordance with federal state educational standards on the basis of educational programs adapted for training people with disabilities.

(as amended by Federal Law dated December 1, 2007 N 309-FZ)

The organization of the educational process in special professional educational institutions for people with disabilities is regulated by regulatory legal acts, organizational and methodological materials of the relevant federal executive authorities.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Providing disabled people with exemption from payment or on preferential terms with special teaching aids and literature, as well as the opportunity to use the services of sign language interpreters, is an expense obligation of the constituent entity of the Russian Federation (with the exception of students in federal state educational institutions). For disabled people studying in federal state educational institutions, the provision of these activities is an expenditure obligation of the Russian Federation.

(Part eight as amended by Federal Law No. 122-FZ dated August 22, 2004)

Article 20. Ensuring employment of disabled people

Disabled people are provided with guarantees of employment by federal government bodies and government bodies of the constituent entities of the Russian Federation through the following special events that help increase their competitiveness in the labor market:

1) has become invalid. - Federal Law of August 22, 2004 N 122-FZ;

2) establishing in organizations, regardless of organizational and legal forms and forms of ownership, quotas for hiring disabled people and a minimum number of special jobs for disabled people;

3) reserving jobs in professions most suitable for employing people with disabilities;

4) stimulating the creation by enterprises, institutions, organizations of additional jobs (including special ones) for the employment of people with disabilities;

5) creating working conditions for disabled people in accordance with individual rehabilitation programs for disabled people;

6) creating conditions for entrepreneurial activity of disabled people;

7) organizing training for disabled people in new professions.

Article 21. Establishing a quota for hiring disabled people

(as amended by Federal Law dated December 29, 2001 N 188-FZ)

For organizations with more than 100 employees, the legislation of the constituent entity of the Russian Federation establishes a quota for hiring disabled people as a percentage of the average number of employees (but not less than 2 and not more than 4 percent).

(Part one as amended by Federal Law No. 122-FZ dated August 22, 2004)

Public associations of disabled people and organizations formed by them, including business partnerships and societies, the authorized (share) capital of which consists of the contribution of a public association of disabled people, are exempt from mandatory quotas of jobs for disabled people.

Article 22. Special workplaces for employing disabled people

Special workplaces for employing disabled people are workplaces that require additional measures to organize work, including adaptation of main and auxiliary equipment, technical and organizational equipment, additional equipment and provision of technical devices, taking into account the individual capabilities of disabled people.

The minimum number of special jobs for employing disabled people is established by the executive authorities of the constituent entities of the Russian Federation for each enterprise, institution, organization within the established quota for hiring disabled people.

Parts three and four are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Article 23. Working conditions for disabled people

Disabled people employed in organizations, regardless of organizational and legal forms and forms of ownership, are provided with the necessary working conditions in accordance with the individual rehabilitation program for the disabled person.

It is not allowed to establish in collective or individual labor contracts working conditions for disabled people (wages, working hours and rest periods, duration of annual and additional paid leave, etc.) that worsen the situation of disabled people in comparison with other employees.

For disabled people of groups I and II, a reduced working time of no more than 35 hours per week is established while maintaining full pay.

Involvement of disabled people in overtime work, work on weekends and at night is allowed only with their consent and provided that such work is not prohibited for them due to health reasons.

Disabled persons are granted annual leave of at least 30 calendar days.

(as amended by Federal Law dated 06/09/2001 N 74-FZ)

Article 24. Rights, obligations and responsibilities of employers in ensuring the employment of disabled people

Employers have the right to request and receive information necessary when creating special jobs for employing people with disabilities.

(as amended by Federal Law dated October 23, 2003 N 132-FZ)

Employers, in accordance with the established quota for hiring disabled people, are obliged to:

(as amended by Federal Law dated October 23, 2003 N 132-FZ)

1) create or allocate jobs for the employment of disabled people;

2) create working conditions for disabled people in accordance with the individual rehabilitation program for a disabled person;

3) provide, in accordance with the established procedure, information necessary for organizing the employment of disabled people.

3. Lost power. - Federal Law of December 30, 2001 N 196-FZ.

Articles 25 - 26. Lost force. - Federal Law of August 22, 2004 N 122-FZ.

Article 27. Material support for disabled people

Material support for disabled people includes monetary payments on various grounds (pensions, benefits, insurance payments for insuring the risk of health impairment, payments for compensation for harm caused to health, and other payments), compensation in cases established by the legislation of the Russian Federation.

Part two is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Article 28. Social services for disabled people

　

ConsultantPlus: note.

On the issue concerning social services for elderly citizens and the disabled, see Federal Law No. 122-FZ of 02.08.1995.

Social services for disabled people are provided in the manner and on the basis determined by government bodies of the constituent entities of the Russian Federation with the participation of public associations of disabled people.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

The executive authorities of the constituent entities of the Russian Federation create special social services for disabled people, including the delivery of food and industrial goods to disabled people, and approve a list of diseases of disabled people for which they are entitled to preferential services.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

ConsultantPlus: note.

On the issue concerning the payment of compensation payments to persons caring for a disabled person of group 1, as well as a disabled child under 18 years of age, see Decree of the President of the Russian Federation dated December 26, 2006 N 1455.

Disabled people in need of outside care and assistance are provided with medical and household services at home or in inpatient institutions. The conditions of stay of disabled people in a stationary social service institution must ensure that disabled people can exercise their rights and legitimate interests in accordance with this Federal Law and help meet their needs.

Part four has been removed. - Federal Law of October 23, 2003 N 132-FZ.

Disabled people are provided with the necessary means of telecommunications services, special telephone sets (including for subscribers with hearing impairments), and public call centers.

Part five is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

Disabled people are provided with household appliances, tiflo-, surdo- and other means they need for social adaptation.

(as amended by Federal Law dated October 23, 2003 N 132-FZ)

Maintenance and repair of technical means of rehabilitation of disabled people are carried out out of turn with exemption from payment or on preferential terms.

(as amended by Federal Laws dated October 23, 2003 N 132-FZ, dated August 22, 2004 N 122-FZ)

The procedure for providing services for the maintenance and repair of technical means of rehabilitation for disabled people is determined by the federal executive body authorized by the Government of the Russian Federation.

(Part eight was introduced by Federal Law dated October 23, 2003 N 132-FZ, as amended by Federal Laws dated August 22, 2004 N 122-FZ, dated July 23, 2008 N 160-FZ)

　

Paragraph 7 of Article 154 of the Federal Law of August 22, 2004 N 122-FZ establishes that until the entry into force of the relevant federal law, the amount of monthly cash payment is not taken into account when calculating the amount of the total income of a family (a citizen living alone) to assess their need when determining the right to receiving subsidies for housing and utilities.

Article 28.1. Monthly cash payment for disabled people

(introduced by Federal Law dated August 22, 2004 N 122-FZ (as amended on December 29, 2004))

1. Disabled people and disabled children have the right to a monthly cash payment in the amount and manner established by this article.

ConsultantPlus: note.

On the procedure for establishing the amount of monthly cash payments to citizens recognized in the prescribed manner as disabled before January 1, 2010, see Part 4 of Article 37 of Federal Law No. 213-FZ of July 24, 2009.

2. The monthly cash payment is set in the amount of:

1) disabled people of group I - 2,162 rubles;

2) disabled people of group II, disabled children - 1,544 rubles;

3) disabled people of group III - 1,236 rubles.

(Part two as amended by Federal Law dated July 24, 2009 N 213-FZ)

3. If a citizen simultaneously has the right to a monthly cash payment under this Federal Law and under another federal law or other regulatory legal act, regardless of the basis on which it is established (except for cases where a monthly cash payment is established in accordance with the Law of the Russian Federation "On Social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant" (as amended by the Law of the Russian Federation of June 18, 1992 N 3061-1), Federal Law of January 10, 2002 N 2-FZ "On social guarantees for citizens exposed to radiation due to nuclear tests at the Semipalatinsk test site"), he is provided with one monthly cash payment either under this Federal Law, or under another federal law or other regulatory legal act at the choice of a citizen.

4. The amount of the monthly cash payment is subject to indexation once a year from April 1 of the current year based on the forecast inflation rate established by the federal law on the federal budget for the corresponding financial year and for the planning period.

(as amended by Federal Law dated July 24, 2009 N 213-FZ)

5. The monthly cash payment is established and paid by the territorial body of the Pension Fund of the Russian Federation.

6. Monthly cash payments are made in the manner determined by the federal executive body responsible for developing state policy and legal regulation in the field of healthcare and social development.

7. Part of the amount of the monthly cash payment may be used to finance the provision of social services to a disabled person in accordance with Federal Law of July 17, 1999 N 178-FZ “On State Social Assistance”.

Article 28.2. Providing social support measures for people with disabilities to pay for housing and utilities, as well as providing housing for people with disabilities and families with disabled children

(introduced by Federal Law dated December 29, 2004 N 199-FZ)

The Russian Federation transfers to the government authorities of the constituent entities of the Russian Federation the authority to provide social support measures for people with disabilities to pay for housing and utilities and to provide housing for disabled people and families with disabled children in need of improved housing conditions, registered before January 1, 2005 .

Funds for the implementation of transferred powers to provide these social support measures are provided as part of the Federal Compensation Fund, formed in the federal budget, in the form of subventions.

The amount of funds provided for in the Federal Compensation Fund for the Budgets of the Subjects of the Russian Federation is determined:

for payment of housing and communal services based on the number of persons entitled to the specified social support measures; approved by the Government of the Russian Federation, the federal standard for the maximum cost of provided housing and communal services per 1 square meter of total housing area per month and the federal standard for the social norm of housing area, used to calculate interbudgetary transfers;

to provide housing for disabled people and families with disabled children, based on the number of persons entitled to the specified social support measures; the total housing area is 18 square meters and the average market value of 1 square meter of the total housing area in the constituent entity of the Russian Federation, established by the federal executive body authorized by the Government of the Russian Federation.

Subventions are credited in the manner established for the execution of the federal budget to the accounts of the budgets of the constituent entities of the Russian Federation.

The procedure for spending and accounting for funds for the provision of subventions is established by the Government of the Russian Federation.

The form of provision of these social support measures is determined by the regulatory legal acts of the constituent entity of the Russian Federation.

State authorities of the constituent entities of the Russian Federation quarterly submit to the federal executive body, which develops a unified state financial, credit, and monetary policy, a report on the expenditure of provided subventions indicating the number of persons entitled to the specified social support measures, categories of recipients of social support measures, and to the federal executive body responsible for developing a unified state policy in the field of healthcare, social development, labor and consumer protection - a list of persons who have been provided with social support measures, indicating the categories of recipients, the grounds for receiving social support measures, the size of the occupied area and the cost provided or purchased housing. If necessary, additional reporting data is submitted in the manner determined by the Government of the Russian Federation.

Funds for the implementation of these powers are targeted and cannot be used for other purposes.

If funds are not used for their intended purpose, the authorized federal executive body has the right to collect these funds in the manner established by the legislation of the Russian Federation.

Control over the expenditure of funds is carried out by the federal executive body exercising control and supervision functions in the financial and budgetary sphere, the federal executive body exercising control and supervision functions in the field of healthcare and social development, and the Accounts Chamber of the Russian Federation.

State authorities of the constituent entities of the Russian Federation have the right to vest, by the laws of the constituent entities of the Russian Federation, local self-government bodies with the powers to provide social support measures specified in part one of this article.

(Part eleven was introduced by Federal Law No. 230-FZ of October 18, 2007)

Articles 29 - 30. Lost force. - Federal Law of August 22, 2004 N 122-FZ.

Article 31. The procedure for maintaining social protection measures established for people with disabilities

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Parts one and two are no longer valid. - Federal Law of August 22, 2004 N 122-FZ.

In cases where other legal acts for disabled people provide for norms that increase the level of social protection of disabled people compared to this Federal Law, the provisions of these legal acts are applied. If a disabled person has the right to the same measure of social protection under this Federal Law and at the same time under another legal act, the measure of social protection is provided either under this Federal Law or under another legal act (regardless of the basis for establishing the measure of social protection).

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Article 32. Responsibility for violation of the rights of persons with disabilities. Dispute resolution

Citizens and officials guilty of violating the rights and freedoms of people with disabilities bear responsibility in accordance with the legislation of the Russian Federation.

Disputes regarding the determination of disability, the implementation of individual rehabilitation programs for people with disabilities, the provision of specific social protection measures, as well as disputes concerning other rights and freedoms of people with disabilities are considered in court.

Chapter V. PUBLIC ASSOCIATIONS OF DISABLED PERSONS

Article 33. The right of disabled people to create public associations

Public associations created and operating in order to protect the rights and legitimate interests of people with disabilities, providing them with equal opportunities with other citizens, are a form of social protection for people with disabilities. The state provides assistance and assistance to these public associations, including material, technical and financial.

(as amended by Federal Law No. 5-FZ dated January 4, 1999)

Public organizations of disabled people are recognized as organizations created by disabled people and persons representing their interests, in order to protect the rights and legitimate interests of disabled people, provide them with equal opportunities with other citizens, solve problems of social integration of disabled people, among whose members are disabled people and their legal representatives (one of the parents , adoptive parents, guardian or trustee) constitute at least 80 percent, as well as unions (associations) of these organizations.

(Part two was introduced by Federal Law No. 5-FZ dated January 4, 1999)

Federal executive authorities, executive authorities of constituent entities of the Russian Federation, organizations, regardless of organizational and legal forms and forms of ownership, attract authorized representatives of public associations of disabled people to prepare and make decisions affecting the interests of disabled people. Decisions made in violation of this rule may be declared invalid in court.

Public associations of disabled people may own enterprises, institutions, organizations, business partnerships and societies, buildings, structures, equipment, transport, housing, intellectual values, cash, shares, shares and securities, as well as any other property and land plots in accordance with the legislation of the Russian Federation.

Article 34. Lost force. - Federal Law of August 22, 2004 N 122-FZ.

Chapter VI. FINAL PROVISIONS

Article 35. Entry into force of this Federal Law

This Federal Law comes into force on the date of its official publication, with the exception of articles for which other dates of entry into force are established.

Articles 21, 22, 23 (except for part one), 24 (except for paragraph 2 of part two) of this Federal Law come into force on July 1, 1995; Articles 11 and 17, part two of Article 18, part three of Article 19, paragraph 5 of Article 20, part one of Article 23, paragraph 2 of part two of Article 24, part two of Article 25 of this Federal Law come into force on January 1, 1996; Articles 28, 29, 30 of this Federal Law come into force on January 1, 1997 in terms of expanding the benefits currently in effect.

Articles 14, 15, 16 of this Federal Law come into force during 1995 - 1999. The specific dates for the entry into force of these articles are determined by the Government of the Russian Federation.

Article 36. Effect of laws and other normative legal acts

The President of the Russian Federation and the Government of the Russian Federation should bring their regulatory legal acts into compliance with this Federal Law.

Until laws and other regulatory legal acts in force on the territory of the Russian Federation are brought into compliance with this Federal Law, laws and other regulatory legal acts are applied to the extent that does not contradict this Federal Law.

President

Russian Federation

B.YELTSIN

Moscow, Kremlin

November 24, 1995

N 181-FZ