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

The Federal Law 195 FZ “On the Fundamentals of Social Services for the Population in the Russian Federation”, which was previously in force in this area, became invalid with the adoption of a new law. Federal Law 442 was approved on December 28, 2013, entered into force on January 1, 2015, from that moment Federal Law 195 ceased to be valid.

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

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

In accordance with general provisions Law FZ 442 defines the following principles for providing required services to the population:

• observance of human rights;
• humanity;
• respect for human dignity and honor;
• equal and free access of citizens to social services;
• address orientation;
• proximity of suppliers to the place of residence of citizens;
• formation of a sufficient number of suppliers to meet the needs of the population;
• creation of a habitual and favorable environment for a person;
• voluntariness of the use of provided services;
• privacy and .

By Article 19 FZ 442 social services are provided at home, semi-stationary or in stationary form. In the first case, the supplier arrives at the place of residence of the applicant. Semi-stationary services imply the ability to access them at certain opening hours of the institution. Stationarity is the residence of the recipient on the territory of the institution that provides the services provided.

Types of social services under article 20 of the Federal Law 442 are defined in the following categories:

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

The types of social services include urgent help in emergencies and emergencies.

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

Download 442 FZ

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

Last changes

The Social Services Act has only been amended once - July 21, 2014 year, and entered into force together with the general text of the document January 1, 2015. The amendments affected the following provisions:

• part 1 Art. 7 And article 8 respectively supplemented by paragraphs 7.1 and 24.1 of the same content: “ creating conditions for organizing an independent assessment of the quality of services provided by social service organizations»;
• V article 13 Law 442 FZ in part 2 introduced paragraph 12.1 on an independent assessment of the quality of services provided; Part 4 was introduced on ensuring the technical possibility for citizens to express their opinion about the quality on official websites;
• added to the law article 23.1.

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

• openness and availability of information;
• comfort conditions;
• availability of required services;
• waiting time for social services;
• friendliness, courtesy and competence of employees;
• satisfaction of citizens in the services received.

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

1) minor children;

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

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

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

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

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

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

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

Kaliningrad Regional Court (Kaliningrad Region) - Civil

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

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

Seversky District Court (Krasnodar Territory) - Civil and administrative

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

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

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

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

Chaikovsky City Court (Perm Territory) - Civil and administrative

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

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

Kologrivsky district court (Kostroma region) - Civil and administrative

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

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

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

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

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

Social services are governed by the basics legal regulations the current federal law. Additionally, other regulatory legal acts of the Russian Federation, as well as laws of local subjects of the Russian Federation, are included.

Recent changes made to the 442-Law "On Social Services"

The new legislation states that institutions that provide citizens with social services become service providers. However, now they do not check citizens who need service. Now it is controlled by an authorized body consisting of a commission of experts.

Changes in the law also affect the method of individual approach. For example, social support is a new element in the service system. It allows you to provide citizens with the necessary types of services in the following areas:

• medical;
• legal;
• Psychological;
• Pedagogical;
• Social assistance, if it is not related to service.

The grounds due to which citizens are recognized as in need of services are also determined. Below are the changes in the following articles of the law:

Article 7

It supplemented part 1 of the law. To determine the assessment of the quality of the services provided, special conditions are created in service delivery organizations.

Article 8

It describes paragraph 24.1 of the law. We are talking about an independent assessment after the services rendered by social security institutions.

Article 13 442-FZ

This article has been supplemented by paragraph 2 in new edition. It refers to the conduct of an independent assessment of the quality of services provided by employees in social sphere. The indicators are determined by the Federal executive body.

Part 4 of the law has also been supplemented. It states that, regardless of the body that provides services, it must provide on the World Wide Web the possibility of expressing an opinion in writing. People who have used the service can write a comment or review after the service has been successfully provided.

Article 15 FZ-442

The criteria of the law are described, on the basis of which a citizen is recognized as needing social security. To recognize it as such, it is required to analyze the circumstances that contribute to the deterioration of normal living conditions. He must also be declared incompetent. A citizen cannot:

• Impossible independent movement of disabled people (more about social protection disabled people in);
• serviced;
• Provide yourself with the necessities of life.

Describes methods for compiling an individual program. An individual program is a document that specifies:

• Types of services;
• Periodicity;
• Volume;
• Conditions;
• Timing.

The document is created based on the needs of a citizen in social services. The list of needs is reviewed once every 36 months. But only on the basis of an already created individual program. No changes were made in the latest version of the law.

A list of services that are urgently provided is listed.

In accordance with the law, the range of services is as follows:

• The necessary set of products or the provision of free hot meals;
• Citizens are provided with shoes, clothes or other essentials;
• Assistance in obtaining housing;
• Other urgent services.

No changes were made to the article in the latest edition.

Article 31 442

Persons who can receive social services for free are listed. This list includes:

• Minor children;
• Persons who have suffered as a result of an emergency or military (international) conflicts.

To analyze the law, changes and additions, download it from the link above.

Explanatory note
to the draft bill amending the
Federal Law of December 28, 2013 N 442-FZ
« On the basics of social services for citizens
In Russian federation"

(Edition dated 20.10.2014)

Federal Law No. 442-FZ of December 28, 2013 “On the Fundamentals of Social Services for Citizens in the Russian Federation”, in accordance with its Article 37, comes into force on January 1, 2015.

As it is clear from the explanatory notes and comments to it, the provisions of the Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation” systematize and regulate the practice of organizing social services for the population that has actually developed in the constituent entities of the Russian Federation.

At the same time, Federal Law No. 442 introduces unconstitutional norms that infringe on the inviolability of private life, the inviolability of the home (part 1 of article 23 of the Constitution of the Russian Federation, parts 1, 2 of article 137 of the Criminal Code of the Russian Federation), allowing arbitrary interference in family affairs (art. 1 of the Family Code of the Russian Federation), and, in addition, beyond the scope of the subject legal regulation of this Law, stated in its articles 1-3.

1. Article 3 « Basic concepts used in this Federal Law”, the concept of prevention is given:

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

Article 29 of the Federal Law No. 442 establishes that the prevention of circumstances that determine the need for a citizen in social services, including carried out by " surveysconditionslife-sustaining citizen, determining the causes,affecting the deterioration of these conditions".

The law does not specify that the relevant authorities should start preventive measures after a citizen applies for any assistance to the social service authorities. Consequently, the bodies of interdepartmental interaction, in accordance with the adopted law, will have the right to enter dwellings, conduct an “examination”, “identify the causes” even before the onset of circumstances giving the right to social services, which can be regarded in no other way than "collection, storage, use and dissemination of information about the private life of a person without his consent", and this is expressly prohibited by Part 1 of Article 24 of the Constitution of the Russian Federation.

The validity of this fear is confirmed by the statement of Nelly Strutinskaya, Commissioner for Children's Rights in the Komi Republic : “I believe that any family (not only social risk) should be under the close attention of the relevant authorities in order to provide timely assistance ( http://www.kzsrk.ru/news/3901/).

Meanwhile, article 15 « Recognition of a citizen in need of social services "there is not a single specific circumstance that could be prevent by means of the measure specified in subparagraph 1, paragraph one of Article 29. It is impossible to prevent old age, disability, illness, loneliness, orphanhood, low income, unemployment, lack of a certain place of residence, neglect, conflicts, abuse, difficulties in social adaptation.

To prevent these circumstances specified in the law, which are the basis for the provision of social services to a citizen, a set of measures is needed in the field of economics, culture, education, medicine, safety and others. However, in the conclusion of the Government of the Russian Federation it is said that this law does not require additional funding, which means that funding "for prevention" under the new law is not included.

The danger of the proposed norm is obvious: under a plausible pretext, total control over citizens is introduced, with the aim of greater coverage of the population with social services, and, consequently, obtaining more funding for organizations providing these services. One can see not so much the state's concern for the recipients of social services as for the providers of social services.

The bill proposes to exclude subparagraph 1 of paragraph 1 of Article 29 from Federal Law No. 442.

2. Subparagraph 5 of paragraph one of Article 15 “Recognition of a citizen in need of social services” will also contribute to total control over the population, which, as a circumstance worsening or capable of worsening the living conditions of a citizen, entailing the need for social services, indicates

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

But " hthrough overcoming variousconflicts in family interaction, both spouses and children develop the ability to overcome life's difficulties, as well as the ability to take responsibility for their behavior in the family and in society. There are no conflict-free families, becauseconflicts inevitably arise in the dynamics of marital and parent-child relationships. Without them, the development of the individual and the family as a whole is impossible. Family well-being does not depend on the absenceconflicts but from developing the ability to overcome them and cope with them in all family members. It should be concluded that there are conflicts with any family. Conflicts can both exacerbate crises and resolve them, but social services should not interfere with them, because no measures of social workers can reduce the conflict in the family, and intervention from the outside can only increase it"(from the conclusion of an expert psychologist, Candidate of Psychological Sciences Kunitsa M.Yu.).

By themselves, “conflicts” in the family, even with antisocial persons, cannot be the object of attention of anyone other than the parties to the conflict. And drug and alcohol addiction, gambling addiction, mental illness cannot be eliminated by social service measures regulated in Federal Law 442, patients need treatment. Besides, medical diagnoses diseases that citizens suffer from are a medical secret (Article 13 of the Law of November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”), protected by laws, including Article 137 of the Criminal Code of the Russian Federation (violation of privacy ), Article 10 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”. Dissemination of information about diseases by family members without the consent of the patient in the absence of any threat to the life and health of others may also be punishable by law. At the same time, neither the patient himself nor his family members are deprived of the opportunity, if necessary, to seek medical help from the appropriate organizations.

The concept of violence is not deciphered in the article, which carries the risk of a broad interpretation of the law and violation of the rights of citizens. Meanwhile,

« in the psychological, pedagogical, forensic literature, there are several classifications of various types of violence.

Psychological violence in the family is any requirement or rule that is fulfilled without desire, as well as everything that leads to coercion and submission - the forced execution of the will of another person. In the family, in marital and parent-child relationships, situations inevitably arise that require the implementation of family and social norms, rules and agreements, which are often carried out without desire, forcedly or through concessions and compromises.

In each family, depending on the cultural, spiritual traditions, family rules introduced by the spouses from parental relations into their family, one of them takes on the role of the head of the family and establishes new rules by which the married couple lives, are brought up
children. The upbringing of children is built on demands, concessions, compromises, rewards and punishments and is based on the formation of responsibility for all family members through overcoming marital and child-parent conflicts and subordination to family authorities (father and mother) "(from the same expert opinion) .

Thus, psychological violence should be excluded from the scope of Federal Law No. 442, as carrying a potential threat to interference in family relations by the bodies of interdepartmental interaction.

Since physical or sexual violence in the family may be circumstances requiring social services, such as providing shelter to mother and child, subparagraph 5 of paragraph one of Article 15 should be reworded, leaving them among the circumstances that worsen or may worsen the living conditions of a citizen.

3. As unnecessary and unjustified, contrary to the second paragraph of Article 3, infinitely expanding the scope of interference in the personal space of a citizen, subparagraph 8 of paragraph one of Article 15 is subject to exclusion, since not every deterioration in the living conditions of a citizen (for example, a decrease in wages, reduction of living space, etc.) is directly related to the inability to independently provide for their basic living needs and requires the provision of social services.

The implementation from January 1, 2015 of these norms, which allow intruding into a home and collecting information about private life without the consent and application of a citizen, or without a court decision, for “prevention purposes”, will entail a massive violation of the rights of citizens. Whereas Article 55 The Constitution of the Russian Federation provides.