About the sphere of social services. Social services for citizens. Urgent social services
On January 1, 2015, the Federal Law of December 28, 2013 came into force. No. 442-FZ “On the basics of social services for citizens in Russian Federation"(hereinafter referred to as Federal Law No. 442-FZ).
According to Federal Law No. 442-FZ, social services are provided to citizens in the following forms:
- inpatient social services;
- semi-stationary social services;
- social services at home.
The procedure for providing social services in any of the three forms is similar with minor differences; to receive social services, follow the following algorithm:
Step 1. Collection necessary documents(for the recipient of social services and (or) his legal representative):
- photocopy of passport or other identification document (pages with photo and registration). For a minor under the age of 14 years - a birth certificate containing information about the place of residence in Moscow;
- a photocopy of a passport or other identification document of one of the legal representatives (for a minor or incapacitated citizen);
- a document containing information about circumstances that worsen or may worsen the living conditions of a citizen - for the purpose of recognizing a citizen as in need of social services;
- a document confirming circumstances that objectively prevent family members or relatives from fulfilling their responsibilities for caring for a citizen incapable of self-care - in the case of an application from a citizen living in the family or if he has close relatives;
- the original medical report on the citizen’s state of health, including the absence of contraindications to receiving social services (can be obtained at the clinic at the place of residence);
- photocopy of federal disability certificate government agency medical and social examination (in the case of a disabled person applying for social services);
- original report from the medical commission of a psychoneurological dispensary or hospital with a detailed diagnosis and indication of the recommended type of social service organization - for stationary form social services;
- the original conclusion of the psychological, medical and pedagogical commission - in case of an application for the provision of social services to a minor citizen suffering from mental disorders;
- a court decision declaring a citizen incompetent or partially capable - for an incapacitated or partially capable citizen;
- a certificate of release from places of imprisonment - for a citizen from among persons released from places of imprisonment, for whom administrative supervision has been established and who have partially or completely lost the ability to self-care;
- the original certificate containing information about the income of the citizen and his family members for the last 12 calendar months preceding the application (except for the information specified in clause 2.2.12 of Moscow Government Decree No. 829-PP dated December 26, 2014 “On social services for citizens in city of Moscow" (hereinafter referred to as the Procedure) - can be obtained at the department Pension Fund Russian Federation at place of residence;
12) an identification document and a power of attorney - for persons applying in the interests of the recipient of social services (legal representatives of a citizen can be both specific proxies and guardianship organizations).
Possible questions when implementing Step 1:
- “a document containing information about circumstances that worsen or may worsen the living conditions of a citizen - for the purpose of recognizing a citizen as in need of social services” - this means a list of information and documents on the relevant form of social services, requested as part of interdepartmental interaction and confirming circumstances that worsen (or capable of worsening) the living conditions of a citizen. Such documents may include a certificate of family composition, a certificate of pension amount, and a petition from the relevant authorities and institutions. For example, a citizen has partially lost the ability to self-care due to age and disability, it is difficult for him to take care of himself on his own and he wants to apply for social services at home so that he can be helped Social worker. In this case, the citizen must provide a certificate from his place of residence about the composition of his family (or an extract from the house register), which would contain information confirming that he lives alone or is lonely (and therefore there is no one to care for him). If a close relative (for example, a daughter) is registered with a citizen, but in fact she lives separately from her father (in another locality), and this is documented, in this case the citizen is also recognized as living alone.
- “a document confirming circumstances that objectively prevent family members or relatives from fulfilling their responsibilities for caring for a citizen incapable of self-care - in the case of an application from a citizen living in the family or if he has close relatives” - this means the following circumstances: prolonged illness (more than one month), disability, retirement age, remoteness of residence from a citizen in need of care, frequent and long business trips of close relatives and family members. Thus, the relevant documents may be extracts from the medical history, a certificate of disability, a certificate of actual residence of relatives.
Step 2. Submit an application for social services in writing or in electronic format
To submit a written application, contact in person (or through a legal representative) at your place of residence to the Territorial Division of the Department of Social Protection of the Population of Moscow or to the Multifunctional Center for Providing public services. To submit an application electronically, use the Internet portal of government and municipal services.
In the application, indicate the form of social services and the desired providers of social services from the Register of Providers (clause 1 of Order of the Ministry of Labor of Russia dated March 28, 2014 N 159n. If you find it difficult to choose providers of social services, contact a USZN employee for help).
Attach originals and photocopies to the application collected documents(See Step 1.) Your application is registered on the day you apply to the USZN.
Possible questions when submitting an application electronically:
- If a citizen is already registered on the Portal of State and Municipal Services, then to submit an application you need to log in to the system using your SNILS and password, then open the “Electronic Services” link, then “Ministry of Health and social development”, then – “Social Protection Department”, then – “Reception of citizens’ applications”, in the window that opens – click “Get a service”, fill out all the fields and send the application. Within three working days following the day of submission of the application, the fact of receipt of the application is confirmed by a response message to the applicant in electronic form indicating the list of necessary documents and the calendar date of his personal appeal to the Department of Social Protection of the Population or informs about a reasoned refusal to accept the application.
- If a citizen is NOT registered on the government services portal, then the procedure is supplemented: for initial registration the following documents are required: passport of a citizen of the Russian Federation, insurance certificate of state pension insurance, certificate of registration with the tax authority individual at your place of residence on the territory of the Russian Federation, as well as a mobile phone, Internet access and address Email. On home page Portal, click the “Login/Registration” link, then fill in information about yourself, check the accuracy of the entered data, then follow the instructions provided, then confirm your actions by clicking on the link provided in the email, or by entering the code sent in SMS to number mobile phone. The final stage of registration consists of confirming the citizen’s identity through municipal activation centers (these are social protection authorities, employment centers and MFCs). In this case, you must appear in person and have an identification document with you.
- Often, a citizen (his legal representative) has the opportunity to apply for the provision of social services directly to selected social service providers, bypassing the social protection department/MFC.
Step 3. Wait for a decision on your application
The waiting period usually does not exceed 5 working days from the date of filing an application for social services:
Within two days, the completeness and accuracy of the information provided is checked.
USZN no later than three working days from the date of registration of the application:
- establishes the amount of a citizen’s average per capita income for the purposes of providing social services;
- organizes an examination of the material, living and social conditions of residence of a citizen at his place of residence, based on the results of which a corresponding inspection report of the material, living and social conditions of living is drawn up (clauses 2.8, 2.9 of the Procedure).
After checking the documents and drawing up an inspection report, the USZN makes one of the following decisions no later than two working days:
- on recognizing a citizen as in need of social services (see Article 15 of Federal Law No. 442);
- about denial of social services (clauses 2.11, 2.12 of the Procedure).
Decisions regarding the semi-stationary form of social services and regarding the form of social services at home are made by the USZN, and regarding the stationary form of social services - by the Department of Labor and Social Protection of the Population of Moscow (clauses 2.13, 2.14 of the Procedure).
The decision to recognize a citizen as needing social services shall indicate (clause 2.17 of the Procedure):
- form of social services and terms of provision of social services;
- rules for the provision of social services free of charge, for a fee or partial payment;
- information about the legal representative (if necessary).
The citizen is notified of the decision made no later than two working days from the date of adoption of the specified decision in a way that provides confirmation of receipt of such notification with a copy of the decision attached (clause 2.20 of the Procedure).
Possible questions when implementing Step 3:
- If a citizen was refused social services, there could be the following reasons:
the presence of medical contraindications to social services (alcoholism, quarantine infectious diseases, severe mental disorders, active tuberculosis, sexually transmitted and other infectious diseases requiring hospital treatment);
non-compliance of documents submitted by a citizen or his legal representative with the requirements (including filing an application on behalf of the applicant by an unauthorized person);
failure by a citizen to submit documents (or incomplete submission);
submission by a citizen of knowingly false information and documents that do not comply in form or content with the requirements of current legislation;
There are no grounds for recognizing a citizen as needing social services according to the form of social services specified in the application for the provision of social services;
The absence of circumstances that objectively prevent family members or close relatives of a citizen from fulfilling their duties of caring for a citizen who is not capable of self-care, when the citizen lives in the family or has close relatives. - If the refusal is due to the impossibility of providing a specific form of social service or the provision of an incomplete (invalid) set of documents, then the citizen is explained the opportunity to submit a new application indicating a different form of social service or additional documentation (clauses 2.15, 2.16 of the Procedure).
e individual species payments from among the payments (specified in clause 5 of the Rules) are not included.
Step 4. Receipt individual program provision of social services
If a citizen is recognized as in need of social services, the next stage begins. Individual program for the provision of social services (IPSSU) for approved form drawn up no later than 10 working days from the date of submission of the application. The form of an individual program for the provision of social services, approved by Order of the Ministry of Labor of Russia No. 874n dated November 10, 2014.
An individual program is a document that provides for the form of social services, composition, volume, frequency, conditions, terms for the provision of social services and social support activities (clause 3.2 of the Procedure). An individual program is drawn up based on the citizen’s need for social services. Social services are divided into the following categories: social and domestic, social and medical, socio-psychological, social and labor, social and legal, services in order to increase the communicative potential of recipients of social services with disabilities, urgent social services. It also displays contact information for recommended social service providers.
A citizen has the right to participate in the preparation of the IPPSU.
The individual program is drawn up in two copies, one of which remains in the USZN database, and one is given to the recipient of social services. IPSSU is subject to revision in accordance with changes in the citizen’s needs for social services, but at least once every three years (clauses 3.3, 3.4 of the Procedure).
*Note: urgent social services are provided without drawing up an individual program.
Possible questions when implementing Step 4:
- A citizen, in order to provide him with social services, has the right to apply for the provision of social services to any provider - both an organization providing social services and an individual entrepreneur providing social services. A citizen is not obliged to contact only those providers of social services that were listed in his IPPS (the specified list of providers is advisory in nature for the citizen)
* If a citizen has changed his place of residence or moved to another region, in this case, according to the current legislation, the individual program drawn up at the previous place of residence remains valid within the scope of the list of social services established in the subject of the Russian Federation at the new place of residence. At the same time, in the region, a new individual program is drawn up for the citizen at the new place of residence. - A citizen or his legal representative has the right to refuse social services, social services, or several of the social services included in the individual program. The refusal must be made in writing and entered into the individual program.
- If at some point a citizen needs a social service that is not included in the IPSSU, in this case he has the opportunity to use this service on the terms of partial or full payment.
- The implementation period of the IPSSU cannot be indefinite, because According to current legislation, the approved IPSSU is subject to mandatory revision at least once every 3 years.
Step 5. Selecting a social service provider, concluding an agreement
Independently select a provider from the proposed Register of Social Service Providers in Moscow and contact him (in person or through a legal representative) with a copy of the decision recognizing a citizen as needing social services and IPSSU (clause 4.1 of the Procedure).
Important! A citizen must contact a social service provider to conclude an agreement no later than 180 calendar days from the date of the decision and no later than the expiration of half the period for the provision of social services, which is specified in the decision and the individual program (clause 4.2 of the Procedure).
The agreement is concluded no later than one working day following the day the citizen contacts the social service provider with a copy of the decision and an individual program (clause 5.2 of the Procedure).
The contract must contain prerequisites payment for services provided, suspension of social services, termination of the provision of social services (clause 5.3 of the Procedure).
* Note: urgent social services are provided without drawing up a contract and within the time frame determined by the citizen’s need.
Possible questions when implementing Step 5:
- A citizen, in order to provide him with social services, has the right to apply for the provision of social services to any provider - both an organization providing social services (as a rule, these are comprehensive social service centers) and an individual entrepreneur providing social services. A citizen is not obliged to contact only those providers of social services that were listed in his IPPS (the specified list of providers is advisory in nature for the citizen)
- A citizen may be refused by a provider to receive inpatient social services due to the presence of medical contraindications specified in the conclusion of the health care facility.
- In accordance with current legislation, if necessary, the terms of the agreement between the social service provider and the citizen (his legal representative) can be revised with the consent of the parties.
- Before concluding a contract, a citizen has the right to receive emergency assistance from the supplier if circumstances so require. The basis for the provision of urgent social services is an application from a citizen (his legal representative), as well as receipt from medical, educational or other organizations not included in the social service system, information about a citizen in need of urgent social services.
Urgent social services include:
- providing free hot meals or food packages;
- provision of clothing, shoes and other basic necessities;
- assistance in obtaining temporary housing;
- assistance in obtaining legal assistance in order to protect the rights and legitimate interests of recipients of social services;
- assistance in obtaining emergency psychological assistance with the involvement of psychologists and clergy in this work;
- other urgent social services.
- If a citizen requires a social service that is not provided for by the content of the IPPSU and the terms of the contract, he has the right to use it on a paid basis.
- A citizen does not have the right to demand that the provider provide social services on credit or to third parties (relatives, neighbors, etc.)
- In the case of providing social services to a child/minor, when concluding an agreement, the recipient of social services cannot also be the parents or the entire family, but only the person in respect of whom this agreement was drawn up. At the same time, if not only the child, but, for example, the whole family is recognized as needy, then in this case the IPPSU and the contract are drawn up separately for each family member.
Step 6. Payment of social services, execution of the contract
Social services are provided to citizens free of charge, for partial or full payment (clause 6.1 of the Procedure).
The amount of the monthly fee for the provision of social services and the procedure for its collection are established by the agreement (clause 6.6 of the Procedure). The calculation of monthly fees for social services depends on the level of average per capita income of the recipient of services.
Services are provided free of charge to categories of citizens specified in Part 1 of Article 31 of Federal Law No. 442-FZ, namely: 1. Minor citizens 2. Persons who have suffered as a result of emergencies, armed conflicts 3. Persons whose income is less than or equal to the average per capita income in the region (living wage).
Services that can be provided free of charge include social services included in the Territorial List of State-Guaranteed Social Services. Additional social services not included in the specified list are provided on the terms of full payment in accordance with the approved tariffs.
If a disabled person or an elderly citizen (women over 55, men over 60) lives with children/relatives of working age, social services are provided for a fee.
Payment for the provision of social services can be changed on the grounds specified in Federal Law No. 442 (clause 7.1 of the Procedure).
Possible questions when implementing Step 6:
- When calculating the average per capita income, pensions, benefits, scholarships and other similar payments are taken into account (monthly cash payments, one-time cash payments, payments compensatory nature, different kinds subsidies, financial assistance, pension supplements and other types of payments received by citizens in connection with their certain social status) received by a citizen in cash in accordance with the legislation of the Russian Federation or received from a foreign organization in connection with the activities of its separate division in the Russian Federation .
- The social service provider has the right to unilaterally change the amount of the monthly fee only in the following cases:
- changes in tariffs for social services approved by regulatory legal acts;
- changes in the cost of living;
- changes in the income of a citizen receiving social services.
- The provider is obliged to notify the recipient of social services in writing about all changes. In case of disagreement with the new terms of payment for social services, the citizen has the right to refuse further execution of the contract.
- In the event of an unreasonable refusal by the supplier to provide social services, the citizen has the right to terminate the contract unilaterally or seek protection of his rights in court.
- If improper execution of a social service is detected, a citizen has the right to demand that the deficiencies in the service be eliminated free of charge or a corresponding reduction in the price of the service provided. If the shortcomings of the service provided were not eliminated on time, the citizen (his legal representative) has the right to terminate the contract early and demand compensation for losses in accordance with current legislation.
- Social services at home can be provided temporarily, for up to 6 months, or permanently.
- If a citizen does not comply with the terms of the agreement on payment for services received (or other conditions provided for in the form of the agreement), the social service provider has the right to suspend the agreement until the debt is paid, or terminate the agreement unilaterally.
- The refusal of a citizen (his legal representative) from social services / social services releases the authorized body and social service providers from responsibility for the provision of social services, social services.
Social services are part of the social protection system.
Social services are social activities aimed at meeting the social needs of various categories of the population.
This is the process of providing social services to the population.
The Federal Law “On the Fundamentals of Social Services for the Population in the Russian Federation” in Article 1 emphasizes that “social services represent the activities of social services in social support, provision of social, social, medical, psychological, pedagogical, social and legal services and financial assistance, carrying out social adaptation and rehabilitation of citizens in difficult life situations.”
The Law reveals the main content of the types of social services: financial assistance, social services at home, in inpatient settings, social patronage of citizens, etc.
The Federal Law “On Social Services for Elderly and Disabled Citizens” states that “social services are activities to meet the needs of these citizens for social services.”
The Federal Law “On the Fundamentals of Social Services for the Population in the Russian Federation” notes that “social services are enterprises and institutions, regardless of their form of ownership, that provide social services, as well as citizens who occupy entrepreneurial activity for social services for the population without the formation of a legal entity.”
Two groups of functions of the social service system are recognized:
1. Essentially active functions (preventive, social rehabilitation, adaptation, security and protective, social patronage).
2. Moral and humanistic functions (personal and humanistic, social and humanistic).
So, social services for the population include types, types, methods, organizational forms, procedures, technologies, subjects and objects of social services, the result of the provision of social services.
In the Russian Federation, a social service system is developing; social services are provided by more than 12 thousand institutions - stationary, semi-stationary and non-stationary. There are now more than a thousand inpatient facilities various types: 406 boarding houses (boarding houses) for war and labor veterans, 442 psychoneurological boarding schools, 30 special boarding houses for people with antisocial behavior who have served sentences for crimes, 151 orphanages for mentally retarded children, etc.
Various services are being created and developed: psychological and pedagogical assistance, socio-psychological, psychological, medical and social, social and leisure, career guidance, rehabilitation, etc.
Along with the formation of a network of social service institutions, the tasks of professionalism and high morality arise as indispensable qualities of social service workers. The development of a network of social service institutions encounters certain difficulties: 1.
Weak legal framework. 2.
Limited financial resources. 3.
Lack of coordination of the activities of ministries and departments in the field of social services. 4.
Lack of professional training of personnel.
Network status and development forecast
social service institutions for families and children
Name report assessment forecast 1994 1997 1998 1999 2000 2005 Territorial center social assistance family and children Social rehabilitation center for minors Center for assistance to children without parental care Rehabilitation center for children and adolescents with disabilities Social shelter for children and adolescents Center for psychological and pedagogical assistance to the population Center for emergency psychological assistance by telephone Others
institutions
Note. The numerator is the number of institutions, the denominator is the number of employees.
We need clear government support for the development of the material and technical base of social service institutions and the construction of new types of institutions.
A condition for the effective operation of social service institutions is their legal support and mechanism legal regulation social services.
Signs of legal support: 1.
A unified set of federal laws. 2.
Legal acts, including legal provisions for social services. 3.
By-laws and regulations. 4.
Regulatory regulation of the activities of social services. 5.
Legal acts to protect the rights of clients. 6.
High level of legal awareness of the population and social service workers, etc.
There is a need for legal regulation of the social service management system. In the Russian Federation, a collection of normative acts “Organization of Social Services for the Population” has been prepared, and collections of normative legal acts have been published for various categories of the population.
At the federal level, there are two main types of documents:
1. Laws as acts of supreme legal force(Constitution of Russia, Federal laws).
2. By-laws (decrees of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, orders, instructions of ministries and departments).
IN modern Russia The legal framework for social services for the population is being formed. First of all, this is the implementation of federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation.
A legal framework is being created for social service specialists that allows them to successfully solve the tasks of social support for people who find themselves in difficult life situations.
Social services to the population are considered as: 1)
modern paradigm social work; 2)
highly effective social technology that makes it possible to provide effective social support to citizens in a difficult socio-economic situation that objectively disrupts the life of a person or social group; 3)
a fundamentally important sector of the social sphere.
The possibility of providing social services to the population in the conditions of modern Russia becomes real and tangible as the network of territorial social services is organized and developed and the rapid formation of teams of social workers.
Social services are not understood in the same way in all countries of the world. Often this term has different meanings. For example, in Finland, the Social Services Act defines social services as “the totality of social services, livelihood support, social benefits and related activities that are designed to strengthen social security and contribute to the development of the individual, family, community”1 .
In R. Barker’s Dictionary of Social Work, social service is interpreted as the provision of specific social services to meet the needs necessary for their normal development to people who are dependent on others and who cannot take care of themselves.”2.
In modern domestic literature there is no sufficiently deep justification for the structure and functions of territorial complexes of social services.
Social services to the population as a system is characterized not simply by the sum of institutions with the dynamics of their development in certain territories of the Russian Federation, but by a set of components such as: a certain order of interaction between social service bodies and institutions, interdepartmental relationships, consistent and reasonable actions of all institutions aimed at supporting various layers of the population; financial, economic and logistical support for the activities of institutions providing social services to the population; multi-level scientific and methodological and staffing activities of territorial social services; the degree of formation of the regulatory and legal field that creates the necessary conditions for the formation and development of social services; correlation of efforts aimed at developing social services and the results of social services, expressed primarily in the degree of satisfaction of clients of social services, the effectiveness of social services.
A new understanding of the essence of social services for the population was introduced by the federal laws “On the Fundamentals of Social Services for the Population in the Russian Federation” and “On Social Services for Elderly and Disabled Citizens,” adopted in 1995.
In the Federal Law “On the Fundamentals of Social Services for the Population in the Russian Federation” in Art. 1 emphasizes that “social services are the activities of social services for social support, provision of social, social, medical, psychological, pedagogical, socio-legal services and material assistance, social adaptation and rehabilitation of citizens in difficult life situations” . An important role is played by the articles of the Law, which reveal the main content of types of social services - financial assistance, social services at home, social services in inpatient settings, provision of temporary shelter, organization day stay in social service institutions, advisory assistance, social patronage of citizens and families, etc.
The Federal Law “On Social Services for Elderly Citizens and Disabled Persons” significantly complements and concretizes our ideas about social services for individual social groups our society. It is intended to regulate relations in the field of social services for elderly citizens and the disabled, which is one of the areas of activity for social protection of the population. At the same time, the Law defines its subject as follows: “Social services are activities to meet the needs of these citizens for social services.” Social services include a set of social services that are provided to elderly citizens and the disabled at home and in social service institutions, regardless of their form of ownership.
Social services are based on the principles: targeting, accessibility, voluntariness, humanity, priority of providing social services to minors, elderly people and disabled people in difficult life situations; confidentiality; preventive focus; respect for human and civil rights; continuity of all types of social services.
Social service is a type social activities, carried out mainly through a network of social services that interact with each other to provide social services to clients.
Therefore, from a methodological point of view, it is of cognitive and practical interest to understand the essence of such a concept as “social services”. On the one hand, there are family services, social and medical assistance services, psychological assistance services, social security, legal assistance services, educational services, environmental services, employment services, social services for children and youth, on the other - territorial social services (interdepartmental), municipal, etc.
In the Federal Law “On the Fundamentals of Social Services for the Population in the Russian Federation,” the concept of “social service” is included among the main ones. “Social services are enterprises and institutions, regardless of their form of ownership, that provide social services, as well as citizens engaged in entrepreneurial activities to provide social services to the population without forming a legal entity.”
The essence of social services as a social system is revealed by identifying and understanding: the structure of types, forms and methods of social services; structures of social services and individual institutions of social services for the population; subsystems and elements of the system of territorial and departmental social services (state, municipal, public, church, private and others); social service organizations (institutions and enterprises); social service management; resource support for social services (property, financial, personnel, scientific and methodological, information).
As a result of studying this chapter, the student should:
know
- concept, principles and forms of social services;
- the procedure for financing social services;
- terms of payment for social services;
- rehabilitation services for people with disabilities;
be able to
- determine the range of legal sources regulating social services for citizens in the Russian Federation;
- identify various categories citizens entitled to one or another form of social services;
- identify categories of citizens to whom social services are provided free of charge and for a fee;
have skills
- operating with the basic concepts used in legislation establishing the right to social services;
- applying the acquired knowledge to solving specific professional problems.
The concept of social service and the legislation governing it
Social services are one of the main and significant institutions of modern Russian social security law.
Among the current legislation on social services, the leading place is given to the Federal Law of December 28, 2013 No. 442-FZ “On the Fundamentals of Social Services for Citizens in the Russian Federation” (hereinafter referred to as the Law on Social Services), which came into force on January 1, 2015. It establishes legal, organizational and economic fundamentals social services for citizens in the Russian Federation; powers federal bodies state authorities and state authorities of constituent entities of the Russian Federation in the field of social services for citizens; rights and obligations of recipients and providers of social services; defines the basic principles of social services.
This Law replaced the previously in force Federal Laws of 08/02/1995 No. 122-FZ “On Social Services for Elderly and Disabled Citizens” and of 12/10/1995 No. 195-FZ “On the Fundamentals of Social Services for the Population in the Russian Federation” and made significant adjustments to legal organization social services for citizens.
The Federal Law “On the Fundamentals of Social Services for the Population in the Russian Federation” defined social services as “the activities of social services for social support, provision of social, social, medical, psychological, pedagogical, socio-legal services and material assistance, social adaptation and rehabilitation citizens in difficult life situations."
A different definition of the concept of social service is set out in the new Law on Social Services.
In accordance with Art. 3 of the said Law under social services for citizens refers to “activities to provide social services to citizens.”
The same article formulates a number of key concepts used in this Law:
- social service- action or actions in the field of social services to provide constant, periodic, one-time assistance, including urgent assistance, to a citizen in order to improve his living conditions and (or) expand his ability to independently provide for his basic life needs;
- recipient of social services- a citizen who is recognized as in need of social services and to whom a social service or social services are provided;
- social service provider- a legal entity, regardless of its organizational and legal form, and (or) an individual entrepreneur providing social services;
- social service standard- basic requirements for the volume, frequency and quality of provision of social services to the recipient of social services, established by type of social services;
- prevention of circumstances that determine 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 living conditions of citizens, reducing their ability to independently provide for their basic life needs.
So, the Law on Social Services introduced new concepts of “recipient of social services”, “provider of social services”, “prevention of circumstances that determine the need for social services”. And the concept of “social service standard” is set out in new edition(basic requirements for the volume, frequency and quality of provision of social services), while the standard of social services is integral part procedure for the provision of social services.
Thus, based on the meaning of the new legislation, under social services The activities of social service providers should be understood as an action or actions in the field of social services to provide constant, periodic, one-time assistance, including urgent assistance to citizens who are recipients of social services (services) in need of social services in order to improve their living conditions and (or ) expanding their ability to independently provide for their living needs.
It is noteworthy that the Law on Social Services does not contain the concept of “difficult life situation”, previously provided for Federal law“On the basics of social services for the population in the Russian Federation.” Instead, it is clearly stated circumstances in the presence of which citizens are recognized as in need of social services
Such circumstances include, in particular:
- - complete or partial loss of the ability or ability to perform self-care, move independently, provide basic life needs due to illness, injury, age or disability;
- - presence in the family of a disabled person or disabled people, including a disabled child or disabled children who need constant outside care;
- - the presence of a child or children (including those under guardianship or guardianship) experiencing difficulties in social adaptation;
- - lack of opportunity to provide care (including temporary care) for a disabled person, child, children, as well as lack of care for them;
- - the presence of 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;
- - lack of a specific place of residence, including for a person who has not reached the age of 23 and has completed his stay in an organization for orphans and children without parental care;
- - lack of work and livelihood.
Other circumstances, the presence of which may be recognized as worsening or capable of worsening the living conditions of citizens, are established by the regulatory legal acts of the constituent entity of the Russian Federation.
Social services are based on the application principle. Provision of social services and refusal of them are possible only taking into account the will of the recipient. A citizen (his legal representative) can apply for the provision of social services himself or, at his request, other citizens, government bodies, organs local government, public associations, both to the authorized government body of the constituent entity of the Russian Federation, and directly to the provider of social services with a written or electronic application.
The law presupposes an individual approach to identifying recipients of the social services they need based on the citizen’s need for such services. Taking into account the grounds on which a citizen was recognized as in need of social services, the government body authorized to perform functions in the field of social services
of a subject of the Russian Federation, determines the individual need for social services and draws up an individual program for the provision of social services.
A novelty is the concept of social support (Article 22 of the Law on Social Services). Social support for citizens in the provision of social services involves assistance in the provision of medical, psychological, pedagogical, legal, social assistance not related to social services, and is based on interdepartmental interaction of organizations providing this assistance. It seems that such a distinction is useful from the point of view of providing the widest range of services.
The Law on Social Services contains rules providing for control (supervision) in the field of social services, including public control.
Public control in the field of social services is required to be carried out in accordance with legislation on the protection of consumer rights. Authorities should assist in its implementation.
The law provides for the creation of boards of trustees in all state social service organizations, the approximate regulations of which are approved by the Russian Ministry of Labor.
Social services are provided free of charge and on a paid basis. Tariffs for social services are based on per capita financing standards. The maximum per capita income for the provision of social services is set by a constituent entity of the Russian Federation: it cannot be lower than one and a half times the subsistence level in the region (Article 31 of the Law on Social Services). The procedure for determining this value is established by the Government of the Russian Federation.
The Law on Social Services defines terms of provision social services on a free and paid basis, as well as categories of citizens to whom social services are provided free of charge and for a fee at home, in semi-stationary and stationary conditions.
This Law applies to citizens of the Russian Federation, foreign citizens and stateless persons permanently residing in the territory of the Russian Federation, refugees, as well as legal entities regardless of their organizational and legal form and individual entrepreneurs providing social services to citizens.
The Law on Social Services (Chapter 2) clearly delineates the powers of bodies at different levels in the field of social services.
The law defines a list powers of federal government bodies, which also include: establishing the foundations of state policy and the foundations of legal regulation in the field of social services; approval of methodological recommendations for calculating per capita standards for financing social services; approval of an approximate list of social services by type of social services.
Ministry of Labor of Russia such powers as the development and implementation of state policy in the field of social services are exercised, as well as the preparation of a system of measures to improve social services, its methodological support. This also applies to the prevention of circumstances that determine the need for social services. The Ministry approves an approximate nomenclature of social service organizations, various guidelines, including an approximate procedure for the provision of social services, the procedure for the activities of social service organizations, their structural divisions, which include recommended staffing standards, a list necessary equipment for equipping social service organizations, their structural divisions, etc.
The Law on Social Services has clarified the list powers of the subjects of the Russian Federation: determination of the authorized body of the constituent entity of the Russian Federation, including the recognition of citizens in need of social services, the drawing up of an individual program, the implementation of regional state control(supervision) in the field of social services.
As an instrument of legal regulation of the organization of social services, state authorities of the constituent entities of the Russian Federation provide, in particular: approval by the law of the constituent entity of the Russian Federation of a list of social services based on an approximate list of social services by type of social services established by the Government of the Russian Federation; approval of the procedure for organizing the implementation of regional state control (supervision) in the field of social services; determining the amount of fees for the provision of social services and the procedure for collecting them; approval of the nomenclature of social service organizations in a constituent entity of the Russian Federation, nutrition standards in social service organizations of a constituent entity of the Russian Federation, etc. The law introduces the obligation of constituent entities of the Russian Federation to monitor social services; the monitoring procedure and document forms are approved by the Russian Ministry of Labor.
Features of social services for certain categories of citizens are reflected in other federal laws. For example, the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” provides as a priority social policy the state in relation to disabled people, their rehabilitation as a system of measures (a system of economic, legal and social support measures guaranteed by the state). These measures are aimed at eliminating or compensating as fully as possible for disabilities in order to restore the social status of a disabled person, achieve financial independence, and provide him with equal opportunities to participate in the life of society as other citizens. This law establishes special types of social services for people with disabilities: vocational training, employment, provision of vehicles and mobility aids, prosthetics, creation of urban infrastructure adapted to normal life.
The specifics of social services for children are established in a number of federal laws, regulations and other regulations, among which the following should be highlighted:
- - Federal Law of July 24, 1998 No. 124-FZ “On the Basic Guarantees of the Rights of the Child in the Russian Federation”;
- - Federal Law of December 21, 1996 No. 159-FZ “On additional guarantees on social support for orphans and children left without parental care";
- - Federal Law of December 29, 2006 No. 256-FZ “On additional measures state support families with children";
- - Decree of the President of the Russian Federation dated June 1, 2012 No. 761 “On the national strategy of action in the interests of children for 2012-2017”;
- - Decree of the President of the Russian Federation dated December 28, 2012 No. 1688 “On some measures to implement state policy in the field of protection of orphans and children without parental care”;
- - Decree of the Government of the Russian Federation dated April 15, 2014 No. 296 “On approval of the state program of the Russian Federation “Social support for citizens”;
- - Order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012n “On approval of the Procedure and conditions for the appointment and payment of state benefits to citizens with children”, etc.
These documents, along with general measures to solve the priority problems of children’s livelihoods, provide for special measures to improve the situation of children in particularly difficult conditions, which include primarily orphans and homeless children, disabled children, and refugee children. The number of children in these categories is very significant. In order to ensure full rehabilitation, the legislation defines as priority tasks the protection of the rights and interests of children who find themselves in particularly difficult circumstances; reducing the negative consequences of orphanhood; providing immediate assistance to children in extreme situations. Measures are also provided for the development of social shelters for children and the creation in them of living conditions close to family ones.
Thus, in accordance with Federal Law No. 124-FZ of July 24, 1998 “On the Basic Guarantees of the Rights of the Child in the Russian Federation,” social services are provided to children if they find themselves in a difficult life situation that they cannot overcome on their own (Article 1) .
The legislator includes the following children:
- - children left without parental care;
- - disabled children;
- - children with disabilities (having deficiencies in physical and (or) mental development);
- - children are victims of armed and ethnic conflicts, environmental and man-made disasters, and natural disasters;
- - children from families of refugees and internally displaced persons;
- - children who find themselves in extreme conditions;
- - children are victims of violence;
- - children serving a sentence of imprisonment in educational colonies;
- - children in educational organizations for students with deviant (socially dangerous) behavior who need special conditions education, training and requiring a special pedagogical approach (special educational institutions of open and closed type);
- - children living in low-income families;
- - children with behavioral problems;
- - children whose life activity is objectively disrupted as a result of current circumstances and who cannot overcome these circumstances on their own or with the help of their family.
For such children, current legislation establishes special types of social service organizations: social rehabilitation centers for minors, social shelters for children and adolescents, assistance centers for children without parental care, etc.
Features of social services for refugees and forced migrants are determined by the Federal Law of February 19, 1993 No. 4528-1 “On Refugees” and the Russian Federation Law of February 19, 1993 No. 4530-1 “On Forced Migrants”, which established special types of social services for such persons (placement in temporary residence centers, employment, food, medical services, etc.).
SOCIAL SERVICE
activities for social support, provision of social, social, medical, psychological, pedagogical, social and legal services and material assistance, carrying out social adaptation and rehabilitation of citizens in difficult life situations. S.o. is based on the following principles: a) targeting;
b) accessibility; c) voluntariness: d) humanity; e) priority of providing social services to minors. for those in difficult life situations: e) confidentiality;
g) preventive orientation. S.o. includes a set of social services (care, catering, assistance in obtaining medical, legal, socio-psychological and natural types of assistance, assistance in vocational training, employment, leisure activities. assistance in organizing funeral services, etc.), which are provided to citizens at home or in S.O. institutions. regardless of the form of ownership.
The federal list of state-guaranteed social services is determined by the Government of the Russian Federation and is revised annually; however, reduction of their volume is not allowed. On its basis, a territorial list is established, approved by the authority
executive power of a constituent entity of the Russian Federation.
One of the main directions of S.o. in the Russian Federation - S.o. elderly citizens and disabled people. The main act regulating S.o. these categories of the population is the Federal Law of the Russian Federation of August 2, 1995 No. 122-FZ “On social services for elderly citizens and the disabled”.
S.o. elderly citizens and disabled people is carried out in the form of:
a) S.o. at home, including social and medical services; b) semi-stationary S.o. in day (night) departments of S.O. institutions;
c) stationary S.o.v inpatient institutions S.o.; d) urgent S.O.; e) social advisory assistance.
The right to S.O., exercised in the state, municipal and non-state sectors of the S.O. system, is enjoyed by elderly citizens (women over 55 years old, men over 60 years old) and disabled people (including disabled children) who are in need in permanent or temporary outside assistance due to partial or complete loss of the ability to independently satisfy one’s basic life needs due to limited ability for self-care and (or) movement.
Shcherbakov I.I.
Encyclopedia of Lawyer. 2005 .
See what “SOCIAL SERVICE” is in other dictionaries:
Provision of social services by society to categories of the population in need. See also: Social protection of the population Financial Dictionary Finam... Financial Dictionary
- (social services) Part of the social security system that requires direct contact with the recipient, rather than just cash payments. A minimum level of human consumption can be achieved through cash payments to those who... Economic dictionary
Legal dictionary
Social service Official terminology
Social service- represents the activities of social services for social support, provision of social services, socio-medical, psychological-pedagogical, social-legal services and material assistance, social adaptation and rehabilitation... ... Dictionary of legal concepts
Social service- (English social service) in the Russian Federation, the activities of social services for social support, provision of social welfare, social medical, psychological pedagogical, social legal services and material assistance, social adaptation and... ... Encyclopedia of Law
SOCIAL SERVICE Legal encyclopedia
social services- 2.1.1 social services: Activities of social services aimed at providing social services, implementing social rehabilitation and adaptation of citizens in difficult life situations. Source: GOST R 52495 2005:… … Dictionary-reference book of terms of normative and technical documentation
Activities of social services for social support, provision of social, social, medical, psychological, pedagogical, social and legal services and material assistance, social adaptation and rehabilitation of citizens,... ... Encyclopedic Dictionary of Economics and Law
social services- as defined by the Federal Law On the Fundamentals of Social Services for the Population in the Russian Federation dated November 15, 1995, the activities of social services for social support, provision of social services, social medical, psychological and pedagogical,... ... Large legal dictionary
Books
- Social services to the population: values, theory, practice. Textbook for university students. Vulture UMO Ministry of Defense of the Russian Federation
- Social services for the population. Values, theory, practice. Textbook for university students, Topchiy Leonid Vasilievich. The work analyzes current issues formation and development of the social service system for the population in the Russian Federation. As objects and subjects of social services...
Social service represents the activities of social services for social support, provision of social, social, medical, psychological, pedagogical, socio-legal services and material assistance, social adaptation and rehabilitation of citizens in difficult life situations.
Social services– enterprises and institutions, regardless of their form of ownership, providing social services, as well as those engaged in entrepreneurial activities for social services to the population without forming a legal entity.
Difficult life situation– a situation that objectively disrupts the life of a citizen (disability, inability to self-care due to old age, illness, orphanhood, neglect, poverty, unemployment, lack of a specific place of residence, conflicts and abuse in the family, loneliness, etc.), which he cannot overcome on his own.
Principles of social service:
- targeting;
- accessibility;
- voluntariness;
- humanity;
- priority of providing social services to minors in difficult life situations;
- confidentiality;
- preventative.
Social service institutions regardless of ownership:
- comprehensive social service centers for the population;
- territorial centers for social assistance to families and children;
- social service centers;
- social rehabilitation centers for minors;
- assistance centers for children left without parental care;
- social shelters for children and adolescents;
- centers for psychological and pedagogical assistance to the population;
- emergency psychological assistance centers by telephone;
- social assistance centers (departments) at home;
- overnight stay homes;
- special homes for lonely elderly people;
- stationary social service institutions (boarding homes for the elderly and disabled, psychoneurological boarding schools, orphanages, boarding schools for mentally retarded children, boarding homes for children with physical disabilities);
- gerontological centers;
- other institutions providing social services.
Social services are provided by social services free of charge and for a fee.
Free social services V state system social services in the amounts determined state standards social services are provided:
- citizens who are incapable of self-care due to old age, illness, disability, who do not have relatives who can provide them with help and care, if the average per capita income of these citizens is below the subsistence level established for the subject of the Russian Federation in which they live;
- citizens who are in difficult life situations due to unemployment, natural disasters, catastrophes, victims of armed and interethnic conflicts;
- minor children in difficult life situations.
Foundations of social services
Social services are provided on the basis of an appeal:
- citizen;
- his guardian, trustee, other legal representative;
- public authority;
- local government body;
- public association.
Every citizen has the right to receive free information from the state system of social services about the possibilities, types, procedures and conditions of social services.
Types of social services
- material aid;
- social services at home;
- social services in stationary social service institutions;
- temporary shelter in a specialized social service institution;
- advisory assistance;
- rehabilitation services;
- organization of day care in social service institutions.
Material aid turns out to be:
· Money;
· food products;
· sanitation and hygiene products;
· child care products;
· clothes, shoes and other essential items;
· fuel;
· special Vehicle;
· technical means of rehabilitation for people with disabilities and people in need of care.
Social services at home carried out by providing social services to citizens in need of permanent or temporary non-stationary social services.
Social services in inpatient institutions social service is carried out by providing social services to citizens who have partially or completely lost the ability to self-care and need constant outside care, and ensures the creation of living conditions appropriate to their age and health status, carrying out medical, psychological, social activities, nutrition and care, as well as organizing as feasible labor activity, rest and leisure.
Temporary shelter in a specialized institution social services are provided:
· orphans;
· children left without parental care;
· neglected minors;
· children who find themselves in difficult life situations;
· citizens without a specific place of residence and certain occupations;
· citizens who have suffered from physical or mental violence, natural disasters, as a result of armed and interethnic conflicts;
· other social service clients in need of temporary shelter.
Advisory assistance provided in social service institutions on issues of social, social and medical support of life, psychological and pedagogical assistance, social and legal protection.
Rehabilitation services are to provide assistance in professional, social, psychological rehabilitation to disabled people, persons with disabilities, juvenile offenders, and other citizens who find themselves in difficult life situations.
Day stay in social service institutions organized in social service institutions in daytime. Social, social, medical and other services are provided to elderly and disabled citizens who have retained the ability for self-care and active movement, as well as other persons, including minors, who are in difficult life situations.
