Federal authorities state power, government bodies of the constituent entities of the Russian Federation, bodies local government(in the sphere of established powers), organizations regardless of their organizational legal forms provide disabled people (including disabled people using wheelchairs and guide dogs):

Judicial practice under Article 15 of the Federal Law of November 24, 1995 No. 181-FZ

Decision of November 6, 2018 in case No. A33-18345/2018

Any copyright holder of a building, structure, premises in a building, structure may apply to the authority; 3) making a decision on the preliminary approval of the provision of a land plot in the manner established by Article 39. 15 of this Code, in the event that the land plot is to be formed or the boundaries of the land plot are subject to clarification in accordance with the Federal Law “On state registration real estate"; 4) providing interested...

Resolution of November 6, 2018 in case No. A46-211/2018

Arbitration Court of the West Siberian District (FAS ZSO)

Instances of substantive law, asks to cancel these judicial acts and satisfy the demands stated by him. In the opinion of the company, the courts did not take into account that the provisions of Part 1 of Article 15 of the Federal Law of November 24, 1995 No. 181-FZ “On social protection disabled people in the Russian Federation" (hereinafter referred to as Law No. 181-FZ) in terms of ensuring accessibility for disabled people to communication facilities, ...

Decision of October 26, 2018 in case No. A33-12080/2018

Arbitration court Krasnoyarsk Territory(AS of the Krasnoyarsk Territory)

And the administration of the city of Krasnoyarsk was notified of land relations by S.A. Voshchenko. about termination of the lease agreement after three months from the date of sending this notice. The notice was received by the defendant 15. 02.2013. 15 . On 11.2017, specialists from the Zheleznodorozhny district administration carried out a survey of the territory at the address: Krasnoyarsk, st. Zheleznodorozhnikov, 20B, as a result of which it was revealed that the temporary structure is a pavilion, ...

Decision of October 18, 2018 in case No. A33-18861/2018

Arbitration Court of the Krasnoyarsk Territory (AC of the Krasnoyarsk Territory)

Exactly from 09/10/2015; in agreement No. 1737, the parties agreed that the terms of this agreement apply to the legal relations of the parties that arose before the conclusion of the agreement, namely with 15. 09.2015. Additional agreements dated December 18, 2017 No. 5928-vs to lease agreement No. 1787, No. 5930-vs to lease agreement No. 1737, the validity of the lease agreement was extended to 30....

Decision of October 15, 2018 in case No. A51-13846/2018

Arbitration Court of Primorsky Krai (AC of Primorsky Krai)

ARBITRATION COURT OF PRIMORSKY TERRITORY 690091, Vladivostok, st. Svetlanskaya, 54 In the name of the Russian Federation DECISION Vladivostok Case No. A51-13846/2018 October 15, 2018 The operative part of the decision was announced on October 8, 2018. The full text of the decision was made on October 15, 2018. Arbitration Court of the Primorsky Territory composed of Judge Ovchinnikov...

It does not work Editorial from 24.11.1995



FEDERAL LAW of November 24, 1995 N 181-FZ "On SOCIAL PROTECTION OF DISABLED PEOPLE IN THE RUSSIAN FEDERATION"

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 international law and international treaties of the Russian Federation.

Chapter I. General provisions

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 limitation of life activity of persons, recognized as disabled, a disability group is established, and for persons under 16 years of age the category “disabled child” is established.

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

Social protection of disabled people is a system of state-guaranteed economic, social and legal 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 as other citizens.

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.

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

1) determination of state policy regarding people 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 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 state standards for social services, technical means of rehabilitation, means of communication and computer science, establishment of norms and rules to ensure accessibility of the living environment for disabled people; determining appropriate certification requirements;

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

8) implementation of accreditation and licensing 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 federal basic programs for the rehabilitation of disabled people;

11) creation and management of rehabilitation industry facilities that are federally owned;

12) determination of the list of specialties of workers engaged in the field of medical and social examination and rehabilitation of disabled people, organization of training in this area;

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) establishment of job quotas for disabled people;

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

17) establishment of federal benefits, including taxation, for organizations, regardless of organizational and legal forms and forms of ownership, that invest funds in the sphere of social protection of people with disabilities, produce special industrial goods, technical means and devices for people with disabilities, provide services to people with disabilities, as well as public associations disabled people and their owned enterprises, institutions, organizations, business partnerships and societies, authorized capital which consists of the contribution of a public association of disabled people;

18) establishment of federal benefits individual categories disabled people;

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

The jurisdiction of state authorities of the constituent entities of the Russian Federation in the field of social protection of disabled people includes:

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

2) adoption of laws and other regulatory legal acts of the constituent entities of the Russian Federation on the social protection of disabled people, monitoring their implementation;

3) 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 the territory of the constituent entity of the Russian Federation;

4) creation of enterprises, institutions and organizations Civil service medical and social examination, State Service for the Rehabilitation Industry, monitoring their activities;

5) accreditation and licensing of enterprises, institutions and organizations owned by constituent entities of the Russian Federation, carrying out activities in the field of rehabilitation of disabled people;

6) participation in implementation federal programs in the field of social protection of disabled people, development and financing regional programs in the specified area;

7) approval and financing of the list rehabilitation measures carried out in the territories of the constituent entities of the Russian Federation, taking into account socio-economic, climatic and other features in addition to the federal basic programs for the rehabilitation of disabled people;

8) creation and management of facilities in the field of social protection of disabled people, under the jurisdiction of the constituent entities of the Russian Federation;

9) organization and coordination of training activities in the field of social protection of disabled people;

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

11) development, within its competence, of methodological documents on issues of social protection of disabled people;

12) assistance in the work and assistance to public associations of people with disabilities in the territories of the constituent entities of the Russian Federation;

13) establishment of benefits, including taxation, for organizations, regardless of organizational and legal forms and forms of ownership, investing in the sphere of social protection of people with disabilities, producing special industrial goods, technical means and devices for people with disabilities, providing services to people with disabilities, as well as public associations disabled people and their owned enterprises, institutions, organizations, business partnerships and societies, the authorized capital of which consists of the contribution of a public association of disabled people;

14) establishment of benefits for disabled people or certain categories of disabled people in the territories of the constituent entities of the Russian Federation at the expense of funds from the budgets of the constituent entities of the Russian Federation;

15) formation of budgets of the constituent entities of the Russian Federation in terms of expenses for social protection of disabled people.

Federal government bodies and government bodies of the constituent entities of the Russian Federation may, by agreement, transfer to each other part of their powers in the field of social protection of disabled people.

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 expertise

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 based on comprehensive assessment state of the body based on an analysis of clinical, functional, social, professional, labor, and psychological data of the person being examined using classifications and criteria developed and approved in the manner determined by the Government of the Russian Federation.

1. Medical and social examination is carried out by the State Service for Medical and Social Examination, which is part of the system (structure) of social protection bodies of the Russian Federation. The procedure for organizing and operating the State Service for Medical and Social Expertise is determined by the Government of the Russian Federation.

2. Medical services when registering citizens for examination in institutions of the State Service for Medical and Social Expertise, rehabilitation measures are included in the federal basic program of mandatory health insurance citizens of the Russian Federation and are financed from the federal and territorial compulsory health insurance funds.

3. The State Service for Medical and Social Expertise is responsible for:

1) determination of the disability group, its causes, timing, time of onset of disability, the disabled person’s need for various types 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 prevention of disability, medical social rehabilitation and social protection of disabled people;

5) determination of the degree of loss of professional ability of persons who received a work injury or occupational disease;

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

The decision of the body of the State Service for Medical and Social Expertise is mandatory for execution by the relevant government bodies, local government bodies, as well as organizations, regardless of organizational and legal forms and forms of ownership.

Chapter III. Rehabilitation of disabled people

1. Rehabilitation of people with disabilities is a system of medical, psychological, pedagogical, socio-economic measures aimed at eliminating or, as fully as possible, compensating for life limitations caused by health problems with persistent impairment of body functions. The goal of rehabilitation is to restore social status disabled person, his achievement of material independence and his social adaptation.

2. Rehabilitation of disabled people includes:

1) medical rehabilitation, which consists of rehabilitation therapy, reconstructive surgery, prosthetics and orthotics;

2) vocational rehabilitation disabled people, which consists of vocational guidance, vocational education, vocational adaptation and employment;

3) social rehabilitation of disabled people, which consists of social-environmental orientation and social and everyday adaptation.

The Federal Basic Program for the Rehabilitation of Disabled Persons is a guaranteed list of rehabilitation measures, technical means and services provided to a disabled person free of charge at the expense of the federal budget.

The Federal Basic Program for the Rehabilitation of Disabled Persons and the procedure for its implementation are approved by the Government of the Russian Federation.

Rehabilitation technical means and services are provided to people with disabilities, as a rule, in kind.

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 State Service for Medical and Social Expertise, which includes: individual species, forms, volumes, timing and procedure for the implementation of medical, professional and other rehabilitation measures aimed at restoring, compensating for impaired or lost body functions, restoring, compensating for a disabled person’s ability to perform certain types 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 free of charge in accordance with the federal basic program for the rehabilitation of disabled people, and rehabilitation measures in the payment of which the disabled person himself or other persons or organizations participate, regardless of organizational, 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 basic program for the rehabilitation of disabled people.

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 or type of rehabilitation, including cars, 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.

If a technical or other means 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 the technical or other means or services that should be provided to the disabled person.

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.

The State Service for the Rehabilitation of Disabled People is a set of government bodies, regardless of departmental affiliation, local government bodies, institutions at various levels that carry out measures for medical, professional and social rehabilitation.

Coordination of activities in the field of rehabilitation of disabled people is carried out by the Ministry of Social Protection of the Population of the Russian Federation.

Rehabilitation institutions are institutions that carry out the process of rehabilitation of disabled people in accordance with rehabilitation programs.

Federal executive authorities, executive authorities of the constituent entities of the Russian Federation, taking into account regional and territorial needs, create a network of rehabilitation institutions and ensure the development of a system of medical, professional and social rehabilitation of people with disabilities, organize the production of technical means of rehabilitation, develop services for people with disabilities, promote the development of non-state rehabilitation institutions with whether they have licenses for this type of activity, as well as funds various forms property and interact with them in the implementation of rehabilitation of disabled people.

Financing of rehabilitation activities is carried out from the federal budget, funds from the budgets of the constituent entities of the Russian Federation, federal and territorial compulsory health insurance funds, the State Employment Fund of the Russian Federation, Pension Fund Russian Federation (in accordance with the provisions on these funds), other sources not prohibited by the legislation of the Russian Federation. Financing of rehabilitation activities, including the maintenance of rehabilitation institutions, is allowed on the basis of cooperation of budgetary and extra-budgetary funds.

The procedure for organizing and operating the State Service for the Rehabilitation of Disabled Persons is determined by the Government of the Russian Federation.

Chapter IV. Providing life support for people with disabilities

Providing qualified medical care to people with disabilities, including drug provision, is carried out free of charge or on preferential terms in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

The procedure and conditions for providing qualified medical care to various categories of disabled people are determined by the Government of the Russian Federation.

Medical rehabilitation of disabled people is carried out within the framework of the federal basic program of compulsory health insurance for the population of the Russian Federation at the expense of federal and territorial compulsory health insurance funds.

The state guarantees a disabled person the right to receive necessary information. For these purposes, measures are being taken to strengthen the material and technical base of editorial offices, publishing houses and printing enterprises that produce special literature for people with disabilities, as well as editorial offices, programs, studios, enterprises, institutions and organizations that produce recordings, audio recordings and other sound products, film and videos and other video products for people with disabilities. The publication 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, is carried out at the expense of the federal budget.

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.

Social protection authorities provide assistance to people with disabilities in obtaining sign language translation services, providing sign language equipment, and providing typhoid medications.

The Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, local government bodies, organizations, regardless of organizational and legal forms and forms of ownership, create conditions for disabled people (including disabled people using wheelchairs and guide dogs) for free access to social infrastructure facilities: residential, public and industrial buildings, recreational facilities, sports facilities, cultural, entertainment and other institutions; for unhindered use public transport and transport communications, means of communication and information.

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.

Carrying out measures to adapt social and industrial infrastructure facilities for access to them by disabled people and their use by disabled people is carried out in accordance with federal and territorial target programs approved in the prescribed manner.

The development of design solutions for the new construction of buildings, structures and their complexes without coordination with the relevant executive authorities of the constituent entities of the Russian Federation and taking into account the opinions of public associations of people with disabilities is not allowed.

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 adaptations for vehicles, stations, airports and other facilities that allow people with disabilities to freely use their services.

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.

Disabled persons are exempt from rent for land and premises for storing vehicles for their personal use.

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.

Organizations, regardless of organizational and legal forms and forms of ownership, that do not comply with the measures provided for by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation to adapt existing means of transport, communications, information and other social infrastructure facilities for access and use by people with disabilities their disabled people, allocate to the appropriate budgets the funds necessary to meet the needs of disabled people, in the manner and amounts established by the Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, local government bodies with the participation of public associations of disabled people. These funds are used for the intended purpose only for the implementation of measures to adapt social infrastructure facilities for access to them by disabled people and their use by disabled people.

Disabled people and families with disabled children in need of improved housing conditions are registered and provided with living quarters, taking into account the benefits provided for by the legislation of the Russian Federation and 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 have the right to additional living space in the form of separate room in accordance with the list of diseases approved by the Government of the Russian Federation. This right is taken into account when registering for the improvement of living conditions and the provision of residential premises in houses of the state or municipal housing stock. Additional living space occupied by a disabled person (regardless of whether in the form of a separate room or not) is not considered excessive and is subject to payment in a single amount, taking into account the benefits provided.

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

Disabled people living in residential institutions social services and those wishing to obtain residential premises under a rental or lease agreement are subject to registration for improvement of 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 deprived of parental care, upon reaching the age of 18 years, are subject to being provided with residential premises out of turn, if individual program rehabilitation of a disabled person provides the opportunity to provide self-care and lead an independent lifestyle.

Residential premises in the houses of the state, municipal and public housing stock, occupied by a disabled person under a rental or rental 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, municipal and public housing stock, occupied by disabled people under a rental or rental 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 given a discount of at least 50 percent on rent (in state, municipal and public housing) and payment utilities(regardless of the ownership of the housing stock), and in residential buildings that do not have central heating - from 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.

The procedure for providing these benefits is determined by the Government of the Russian Federation. Executive authorities of the constituent entities of the Russian Federation and local governments have the right to establish additional benefits for people with disabilities.

Educational institutions, social protection bodies, communications, information, physical culture and sports institutions ensure continuity of upbringing and education, social adaptation of disabled children.

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 education for disabled people. general education, secondary vocational and higher vocational education in accordance with the individual rehabilitation program for a disabled person.

Disabled children of preschool age are provided with the necessary rehabilitation measures and conditions are created for staying in children's preschool institutions general type. 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 educational institutions Education authorities and educational institutions provide, with the consent of parents, the education of disabled children according to a full general education or individual program at home.

The procedure for raising and educating disabled children at home, in non-state educational institutions, as well as the amount of compensation for parents' expenses for these purposes are determined by the Government of the Russian Federation.

The state guarantees disabled people the necessary conditions for education and training.

General education of disabled people is provided free of charge 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.

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 people with disabilities in educational institutions various types and levels is carried out in accordance with the legislation of the Russian Federation, 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 professional education disabled people in special vocational educational institutions for disabled people are carried out in accordance with state educational standards based on educational programs adapted for teaching people with disabilities.

Organization educational process in special vocational educational institutions for people with disabilities is regulated by regulatory legal acts, organizational and methodological materials of the relevant ministries and other federal executive bodies.

State educational authorities provide students with special education free of charge or on preferential terms. teaching aids and literature, and also provide students with the opportunity to use the services of sign language interpreters.

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) implementation of preferential financial and credit policies in relation to specialized enterprises employing the work of disabled people, enterprises, institutions, organizations of public associations of disabled people;

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 disabled people;

7) organizing training for disabled people in new professions.

Organizations, regardless of organizational and legal forms and forms of ownership, the number of employees in which is more than 30 people, are set a quota for hiring disabled people as a percentage of average number employees (but not less than three percent).

Public associations of disabled people and enterprises, institutions, organizations owned by them, business partnerships and companies whose authorized capital consists of the contribution of a public association of disabled people are exempt from mandatory quotas of jobs for disabled people.

The executive authorities of the constituent entities of the Russian Federation have the right to establish a higher quota for hiring people with disabilities.

The procedure for determining the quota is approved by the specified bodies.

In case of non-fulfillment or impossibility of fulfilling the quota for hiring disabled people, employers pay a mandatory fee in the established amount for each unemployed disabled person within the established quota in State Fund employment of the population of the Russian Federation. The funds received are spent specifically on creating jobs for people with disabilities.

By submission Federal service Employment of Russia The State Employment Fund of the Russian Federation transfers the indicated amounts to organizations, regardless of organizational and legal forms and forms of ownership, for the creation of jobs for disabled people in excess of the approved quota, as well as public associations of disabled people for the creation of specialized enterprises (shops, sites) employing the work of disabled people.

Special jobs for employing disabled people - jobs that require additional measures on labor organization, 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 people with disabilities.

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.

Special jobs for employing disabled people are created at the expense of the federal budget, funds from the budgets of the constituent entities of the Russian Federation, the State Employment Fund of the Russian Federation, with the exception of jobs for disabled people who have received a work injury or occupational disease. Special workplaces for the employment of disabled people who received illness or injury while performing their duties military service or as a result of natural disasters and ethnic conflicts, are created at the expense of the federal budget.

Special jobs for the employment of disabled people who have received a work injury or occupational disease are created at the expense of employers who are obliged to compensate for damage caused to employees as a result of injury, occupational disease or other damage to health associated with the performance of work duties by employees.

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 employment contracts working conditions of disabled people (wages, working and rest hours, duration of annual and additional paid leave, etc.), worsening the situation of disabled people compared to other workers.

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.

Involving people with disabilities 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 people are provided annual leave at least 30 calendar days based on a six-day work week.

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

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

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. Heads of organizations, regardless of organizational and legal forms and forms of ownership, who violate the procedure for making mandatory payments to the State Employment Fund of the Russian Federation, are liable in the form of paying a fine: for concealing or understating the mandatory payment - in the amount of the hidden or underpaid amount, and in in case of refusal to hire a disabled person within the established quota - in the amount of the cost of the workplace determined by the executive authorities of the constituent entities of the Russian Federation. The amounts of fines are collected in an indisputable manner by the bodies of the State tax service Russian Federation. Paying a fine does not relieve them from paying the debt.

Unemployed is a disabled person who has a work recommendation, a conclusion on the recommended nature and conditions of work, which is issued in the prescribed manner, who does not have a job, is registered with the Federal Employment Service of Russia in order to find a suitable job and is ready to start it.

To make a decision on recognizing a disabled person as unemployed, he submits to the Federal Employment Service of Russia, along with the documents established by the Law of the Russian Federation “On Employment of the Population in the Russian Federation,” an individual rehabilitation program for a disabled person.

Governmental support(including the provision of tax and other benefits) of enterprises and organizations producing industrial goods, technical means and devices for disabled people, providing employment for disabled people, providing medical care, services in the field of education, providing sanatorium-resort treatment, consumer services and creating conditions for classes physical culture and sports, organizing leisure activities for people with disabilities, investing more than 30 percent of profits in projects that ensure the livelihoods of people with disabilities, in scientific and experimental development of technical means for the rehabilitation of people with disabilities, as well as prosthetic and orthopedic enterprises, medical and industrial (labor) workshops and auxiliary rural farms institutions of social protection bodies, state enterprise The “National Fund for Assistance to Disabled Persons of the Russian Federation” is carried out in the manner and under the conditions provided for by the legislation of the Russian Federation.

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.

Receiving compensation and other monetary payments of one type does not deprive disabled people of the right to receive other types of monetary payments if they have grounds for this, provided for by the legislation of the Russian Federation.

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

Executive authorities of the constituent entities of the Russian Federation and local self-government bodies create special social services for disabled people, including the delivery of food and industrial goods, 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.

Disabled people have the right to manufacture and repair prosthetic devices orthopedic products and other types of prosthetic products (except for dentures made of precious metals and other expensive materials equal in cost to precious metals) at the expense of the federal budget in the manner established by the Government of the Russian Federation.

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

Disabled persons receive a 50 percent discount for using telephones and radio broadcasting points.

Disabled people are provided with household appliances, typho-, sign- and other means they need for social adaptation; Repair of these devices and facilities is carried out for disabled people free of charge or on preferential terms.

The procedure for providing disabled people with technical and other means that make their work and life easier is determined by the Government of the Russian Federation.

Disabled people and disabled children have the right to sanatorium-resort treatment in accordance with an individual rehabilitation program for a disabled person on preferential terms. Group I disabled people and disabled children in need of spa treatment, have the right to receive a second voucher under the same conditions for the person accompanying them.

Non-working disabled people, including those in inpatient social service institutions, health resort vouchers are issued free of charge by social protection authorities.

Working disabled people are provided with sanatorium and resort vouchers at their place of work on preferential terms at the expense of social insurance funds.

Disabled persons who have received a work injury or occupational disease are provided with vouchers for sanatorium-resort treatment at the expense of employers who are obliged to compensate for harm caused to employees as a result of injury, occupational disease or other damage to health associated with the performance of work duties by employees.

Disabled children, their parents, guardians, trustees and social workers caring for disabled children, as well as disabled people enjoy the right free travel on all types of public transport in urban and suburban transport, except taxis.

Disabled persons are given a 50 percent discount on the cost of travel on intercity lines by air, rail, river and road transport from October 1 to May 15 and once (round trip) at other times of the year. Disabled people of groups I and II and disabled children are given the right to free travel once a year to the place of treatment and back, unless more preferential conditions are established by the legislation of the Russian Federation.

These benefits apply to a person accompanying a disabled person of group I or a disabled child.

Disabled children and their accompanying persons are given the right to free travel to the place of treatment (examination) on buses on suburban and intercity intraregional routes.

Disabled people who have appropriate medical indications, provided by car vehicles free of charge or on preferential terms. Disabled children who have reached the age of five and suffer from dysfunction of the musculoskeletal system are provided with motor vehicles under the same conditions with the right to drive these vehicles by adult family members.

Technical support and repair of vehicles and other rehabilitation equipment belonging to disabled people are carried out out of turn on preferential terms and in the manner established by the Government of the Russian Federation.

Disabled persons and parents of disabled children are compensated for expenses associated with the operation of special vehicles.

Disabled persons who have appropriate medical indications for receiving a free vehicle, but have not received it, and also at their request, instead of receiving a vehicle, are provided with an annual financial compensation transport costs.

The procedure and conditions for the provision of vehicles and payment of compensation for transportation costs are determined by the Government of the Russian Federation.

Organizations, regardless of organizational and legal forms and forms of ownership, provide disabled people with benefits for paying for medications and sanatorium and resort treatment; on transport services, lending, acquisition, construction, receipt and maintenance of housing; for payment of utilities, services of communication institutions, trade enterprises, cultural, entertainment and sports and recreational institutions in accordance with the legislation of the Russian Federation.

This Federal Law preserves the benefits established for disabled people legislation former Union SSR. The benefits provided for disabled people are preserved regardless of the type of pensions they receive.

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 benefit under this Federal Law and at the same time under another legal act, the benefit is provided either under this Federal Law or under another legal act (regardless of the basis for establishing the benefit).

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 people

In order to represent and protect their rights and legitimate interests, disabled people and persons representing their interests have the right to create public associations, movements and funds in the manner established by the legislation of the Russian Federation. Public associations of disabled people and their divisions, which are legal entities, may be participants in business companies created for the purpose of carrying out entrepreneurial activities. Federal executive authorities and executive authorities of the constituent entities of the Russian Federation provide assistance and assistance, including material, technical and financial, to public associations of disabled people, their movements and funds.

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, funds, shares, shares and securities, as well as any other property and land plots in accordance with the legislation of the Russian Federation.

The state guarantees the provision of benefits for the payment of federal taxes, fees, duties and other payments to budgets of all levels to all-Russian public associations of disabled people, their organizations, enterprises, institutions, organizations owned by them, business companies and partnerships, the authorized capital of which consists of the contribution of the specified public associations of disabled people.

Decisions on providing benefits to public associations of disabled people for the payment of regional and local taxes, fees, duties and other payments are made by government bodies at the appropriate level.

Decisions on providing benefits for the payment of federal taxes, fees, duties and other payments to regional and local public associations of people with disabilities can be made by government bodies at the appropriate level within the limits of amounts credited in accordance with the legislation of the Russian Federation to their budgets.

The Zakonbase website presents the FEDERAL LAW of November 24, 1995 N 181-FZ "ON SOCIAL PROTECTION OF DISABLED PEOPLE IN THE RUSSIAN FEDERATION" in the most recent edition. It is easy to comply with all legal requirements if you read the relevant sections, chapters and articles of this document for 2014. To find the necessary legislative acts on a topic of interest, you should use convenient navigation or advanced search.

On the Zakonbase website you will find the FEDERAL LAW of November 24, 1995 N 181-FZ "ON SOCIAL PROTECTION OF DISABLED PEOPLE IN THE RUSSIAN FEDERATION" in the latest and complete version, in which all changes and amendments have been made. This guarantees the relevance and reliability of the information.

At the same time, you can download the FEDERAL LAW of November 24, 1995 N 181-FZ “ON SOCIAL PROTECTION OF DISABLED PEOPLE IN THE RUSSIAN FEDERATION” completely free of charge, both in full and in separate chapters.

MOSCOW AND MOSCOW REGION:

SAINT PETERSBURG AND LENIGRAD REGION:

REGIONS, FEDERAL NUMBER:

Federal Law on Persons with Disabilities in Russia

A disabled person is a person who, due to certain reasons, has partially or completely lost his ability to work. Disabled people are a vulnerable group of the population - they are less likely to be hired, they are more often discriminated against, their social adaptation is difficult, and so on. To protect the rights of people with disabilities, 181 Federal Law on the protection of the rights of people with disabilities was adopted. Below we will learn the main provisions of this law, and also consider some related issues.

Federal Law No. 181

181 of the Federal Law on Disabled Persons, effective in 2019, was adopted in 1995. Since then it has been introduced a large number of changes, and some articles of the law have lost force. Let's find out the main provisions of this law that are in force today:

• A legal definition of the term “disabled person” is given.
• It is established that there are several degrees of disability (groups I, II and III). a disability group is not assigned.
• The concept of social protection of disabled people is introduced. The country's legislative body is obliged to improve legislation on people with disabilities, and the executive body is obliged to implement the decisions of the legislative body.
• The concept of medical and social examination is introduced, which determines the degree of disability, and also establishes the fact that a person needs social assistance.
• The inadmissibility of discrimination on the basis of disability is established.
• Created State Register about people with disabilities.
• A large number of measures are being introduced to support people with disabilities. These measures include cash payments (pensions, benefits), provision of disabled people with various goods (medicines, food, repairs). household appliances and so on), provision of certain services (for example, vacation in a sanatorium) and so on. Also, people with disabilities have the opportunity to receive free housing if they urgently need it. It is thanks to this part of the law that other federal laws on pensions and disability benefits are created.
• The specifics of the labor rights of disabled people are discussed (for example, the law on a shortened working week for disabled people of groups I and II, according to which these disabled people must work no more than 35 hours a week while maintaining full wages).
• The concept of habilitation and rehabilitation of disabled people is introduced.
• Some other provisions and regulations.

New regulations and amendments to Law No. 181

Have there been any changes to the federal disability law in 2019? Only one small point was introduced, according to which disabled people receive the right to priority repair of technical equipment that disabled people need (wheelchairs, prostheses, and so on). There is also a special resolution on benefits for people with disabilities under 44 Federal Laws, which should help people with disabilities. Its main provisions:

• During government procurement, in some cases the customer must give preference to goods produced by people with disabilities.
• The customer is obliged to provide preferences not to disabled entrepreneurs, but to various all-Russian organizations of disabled people, where disabled people and their representatives make up at least 80%; preference should also be given to subsidiaries of these organizations, where the number of disabled people is at least 50%.
• If an organization of disabled people wins the tender, the customer is obliged to conclude a contract with it at a price that exceeds the declared value by 1-15%.
• Preference should be given to organizations of disabled people only if disabled people produce strictly regulated goods and services (gloves, jackets, some metal and concrete products, educational services, and so on).

19.04.2019


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. Regulatory agency is obliged to improve the act, and the executive 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: payments Money; provision of necessary goods and certain services (medicines, food, recreation in a sanatorium). They also have the opportunity to receive free housing;
• Defined labor rights disabled people. A citizen of this social group must work no more than 35 hours a week. In this case, he is paid in full wage;
• Federal Law-181 introduces definitions of habilitation and rehabilitation of a citizen of a given social group;
• Other regulations.

On a note! In the Russian Federation there is 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.

Download

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 FZ-181 with modifications is possible.

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.

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 chronic diseases provided for in the list established by the authorized Government of the Russian Federation federal body executive power.

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 program of rehabilitation or habilitation of the disabled person.

Disabled people living in social service organizations that provide social services in a stationary form, 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 social service organizations that provide social services in a stationary form and 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 or habilitation program for a disabled person provides for the opportunity to carry out self-care and lead him an independent life.

Residential premises of a state or municipal housing stock occupied by a disabled person under a social tenancy agreement, when the disabled person is placed in a social service organization that provides social services in a stationary form, is 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 primarily by other disabled people in need of improved housing conditions.

Disabled people and families with disabled children are provided with compensation for the cost of living quarters and utilities in the amount of 50 percent:

Rental fees and fees for the maintenance of residential premises, including fees for services, work on managing an apartment building, for the maintenance and current repairs of common property in apartment building, based on the occupied total area of ​​residential premises of state and municipal housing funds;

Fees for cold water, hot water, electrical energy consumed during the maintenance of common property in an apartment building, as well as for the removal Wastewater for the purpose of maintaining common property in an apartment building, regardless of the type of housing stock;

Payments for utilities, calculated based on the volume of consumed utilities, determined by meter readings, but not more than consumption standards approved in the manner established by the legislation of the Russian Federation. In the absence of the specified metering devices, fees for utility services are calculated based on standards for the consumption of utility services, approved in accordance with the procedure established by the legislation of the Russian Federation;

Payment of the cost of fuel purchased within the limits established for sale to the public, and transport services for the delivery of this fuel - when living in houses that do not have central heating.

Disabled people of groups I and II, disabled children, citizens with disabled children are provided with compensation for the costs of paying a contribution for major repairs of common property in an apartment building, but not more than 50 percent of the specified contribution, calculated based on minimum size contribution for major repairs per one square meter of total residential area per month, established by a regulatory legal act of a constituent entity of the Russian Federation, and the size of the regional standard for the normative area of ​​residential premises used to calculate subsidies for the payment of residential premises and utilities.

Social support measures for paying utility bills are provided to persons living in residential premises, regardless of the type of housing stock, and do not apply to cases established by the Government of the Russian Federation of applying increasing coefficients to utility consumption standards.

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