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Types of social protection of persons with disabilities in the Russian Federation. Types of benefits and social assistance to disabled Social support for parents of children with disabilities |
This article discusses the social protection of disabled people in the Russian Federation. We offer you information about what measures takes the state to help people with limited features Successfully adapt in modern society. Social protection of persons with disabilities in the Russian FederationSocial protection of persons with disabilities is a set of events that the state is taking to fulfill obligations to citizens with disabilities. The events are registered in the Federal Law "On the Social Protection of Disabled in the Russian Federation" and are mandatory for all constituent entities of the Russian Federation. Rehabilitation and abilities of disabledRehabilitation - measures that will lead to the restoration of abilities lost by illness. Rehabilitation objectives:
The concept of abillation of people with health restrictions is measures to acquire new knowledge and skills. Ability is needed to return the skills and skills and skills. Medical assistance to disabledBy law, people with health restrictions receive medical care for free. Special medical facilities are built in the country, which are intended for their treatment. For those who are not able to serve themselves, the state has established guesthouses with a 24-hour stay. There is a list of medicines, medical equipment and products that can be obtained free on the prescription of the doctor. If the pharmacy does not have the right medication, the delivery request is drawn up, and it is obliged to bring it for 48 hours. People with disabilities seek the provision of free trips to the sanatorium 1 time in 3 years on the basis of the conclusion of the doctor. Ensuring unobstructed access of disabled informationAt the local level, local governments are trying to ensure the conditions for the unhindered access of persons with disabilities to information. They do:
Providing disabled housingThe state allocates housing to people with disabilities of all groups. To provide housing in needy, it takes time. Therefore, it is important to register on time. The provision of preferential housing is carried out in 2 ways:
The subsidy is provided in the form of a certificate that is used only for buying a housing. To do this, provide documents:
Education of disabledIn order for people with disabilities to receive formation on a par with other citizens, the state took measures:
People with health restrictions are important to get high-quality professional educationTo become popular in the labor market. Ensuring employment of persons with disabilitiesDisability often means a complete or partial loss of human professional working capacity. In cases where a person is able and wants to work, it is difficult for him to find a job suitable for qualifications. Not all employers agree to hire such a "problem" employee. Some unscrupulous employers evade the employment of people with disabilities. But if the level of qualification and the skills of the applicant with disabilities corresponds to the necessary, the employer is obliged to accept it. If you refuse, you need to justify the reasons in writing. If you do not agree with the findings of the employer and consider them biased, contact the court. The law "On the social protection of persons with disabilities in the Russian Federation" obliges the employer prepare for them jobs and adapt technological equipment so that the employee can work without risk to health. Material provision of disabledPeople with health restrictions get material support in the form:
Pension may be:
To make a pension, you need to send an application to the Pension Fund for registration. Socially domestic service of disabledHousehold service is carried out:
The programs provided at home include services:
Payments and benefitsTo increase the welfare of people with health restrictions, the state conducts cash payments:
It includes:
Not everyone has the need to receive these guarantees in kind. According to a written statement, the state compensates for their money. The program "Affordable Wednesday"The program "Affordable Wednesday" is created so that people with disabilities no longer felt outcasts, led a full-fledged life and were successful members of society. The program started in 2011. The program tasks include:
Where and how to protect your rights to disabledTo protect your rights, use the services of qualified lawyers. The law ensures that upon presentation of documents confirming the presence of 1 or 2 groups, you will be consulted for free. The same rule is valid for children - disabled people and people with disabilities living in boarding houses. Free legal services for the protection of the rights of persons with disabilities are provided only by lawyers who are involved in the activities of the State System of Free Legal Aid. The list of bureaus and lawyers working with disabled people are registered on the website of state bodies and lawyers. If you look at the level of social support for the rights of people with disabilities in the Russian Federation from a formal point of view, it seems quite high. But in reality, achieve all the benefits prescribed by law is very and very difficult. Legislative regulationOften disabled people can not freely choose their lifestyle, and some of them are simply deprived of the opportunity to learn, create a family, work, attend shops, cultural events, etc. Disabled people, like any other citizens, implement their rights through the application of legal norms through respect for them, execution and use. Disabled citizens, including can implement the rights as directly. Personally, and through its legal representatives (on the basis of a power of attorney issued or by virtue of incapacity, i.e. when the disabled person cannot independently acquire and exercise its rights and obligations). Currently, people with disabilities can implement and protect their rights. based on the following laws (List insecure):
If any of the listed norms contradict the Convention, they are not subject to use. The Convention in relation to any law of Russia, including in relation to the Constitution, is predominant (Article 15 of the Constitution of the Russian Federation). Convention on the Protection of Persons with DisabilitiesOn May 3, 2012, Russia ratified the UN Convention on the Rights of Persons with Disabilities, this means that the norms of the Convention apply to Russian citizens, legal entities and the state as a whole. The term "convention" is used to designate official international multilateral contractwhich is open to signing countries that are not parties to the Convention. This is the first international human rights treaty (disabled), which ratified the Superior International Organization of the European Union. The Convention has 147 signatures. The convention consists of a preamble, 50 articles and optional protocol To her. It is worth noting that the Russian Federation ratified only the text of the Convention itself, the protocol has remained undefected. What determines the Convention: As already noted, the Russians cannot contact this committee to illegal actions of the Russian Federation, in case of exhaustion of all internal means of protection. Violation of the rights of persons with disabilities is ...Violation of the rights of persons with disabilities, as well as any other violation is due to the following. This is an unlawful act of a citizen or an official abusing power or official position. The opposition has several signs:
For causing harm to the health of the citizens who led to disability or violation of other people's rights, perpetrators, carry material, civil law, administrative and criminal liability. In the event of an offense to the attitude of a disabled person, it should be understood whether it is a crime or offense.
If the rights of the disabled were violated, then directly disabled itself, or interested persons may apply to the court for restoring his rights. If the applicant failed to restore his rights in Russian courts, the plaintiff may contact the European Court of Human Rights. This court considers cases associated with violation of the rights enshrined in the Convention on the Protection of Human Rights and Fundamental Freedoms of 1950, provided that all domestic remedies have been exhausted within 6 months. FZ dated November 24, 1995 No. 181-FZ There is a creation of social protection for the disabled. These functions are assigned to public associations that are created and operated to protect the rights and legitimate interests of persons with disabilities. These unions provide disabled opportunities with other citizens. The state is obliged to such agencies to provide comprehensive assistance and assistance (material, technical) up to their financing. Representatives of public associations of persons with disabilities participate in the legislative process on issues affecting the interests of people with disabilities. ConclusionThe highest act of protecting the rights of disabled (see) is UN Convention "On the Rights of Disabled". Our state adopted concrete measures to implement this Convention, which were reflected in the Federal Program "Affordable Wednesday" for 2011-2015, which was extended until 2020. This program provides for the adoption of a large number of measures to create a "barrier-free environment", ensuring the mobility of persons with disabilities, the creation of special educational centers for them, involving them in labor and social life. Suitable
On additional measures of social support for disabled people and other persons with life limitations in the city of MoscowCities of Moscow About additional measures of social This Law on the basis of the Constitution of the Russian Federation, federal laws and other regulatory legal acts, laws and other legal acts of the city of Moscow regulates relations related to the provision of persons with disabilities and other persons with the limitations of the vital activity of additional measures of social support for medical, professional and social rehabilitation, agility, Providing technical means of rehabilitation, upbringing and education, promoting their employment (hereinafter - social support measures). Chapter 1. General Provisions (Articles 1 - 5)Article 1. Scope of this Law1. The effect of this Law applies to citizens of the Russian Federation, which have a residence in the city of Moscow, specified in paragraph 1 of Article 4 of this Law. 2. This law is not regulated by legal relations related to the provision of social support measures to foreign citizens, as well as stateless persons living in Moscow. Article 2. Basic principles for the implementation of social support measures1. Activities for the implementation of social support measures established by this Law are based on the principles: 1) the preservation of the previously achieved level of social protection of citizens and its constant increase; 2) providing citizens to adapt to new conditions in connection with changes in federal legislation governing the issues of social support of citizens. Article 3. The objectives of this LawThe objectives of this Law are: 1) the creation of conditions for the restoration of the abilities of persons with disabilities and other persons with livelihood restrictions on household, public and professional activities; 2) it is possible to complete the needs of the specified persons in rehabilitation or abliration; 3) improving the quality and standard of living of these persons. Article 4. Citizens who are provided with social support measures1. This law establishes social support measures to the following citizens: 1) disabled I, II, III groups (regardless of the cause of disability); 2) disabled children; 3) persons who are not recognized in the prescribed manner with disabled children and disabled I, II, III groups, but having temporary or constant limitations of life and in need of social support measures. 2. Under the restriction of vital activity, the full or partial loss of the face of the ability or the ability to carry out self-service, independently move, orientate, communicate, control their behavior, to study, engage in labor activity. Article 5. Implementation of social support measures1. Social support measures established by this Law are provided without payment or on preferential terms. 2. The procedure and conditions for the provision of social support measures are established by the Government of Moscow. 3. Social support measures established by this Law are provided to citizens at their place of residence on the basis of a personal statement or application of their legal representatives. Chapter 2. Provision of social support measures (Articles 6 - 15)Article 6. Social support measures provided to disabled people and other persons with life limitationsCitizens listed in paragraph 1 of Article 4 of this Law, in addition to the federal list of rehabilitation measures approved by the Government of the Russian Federation, the following social support measures are provided: 1) services for medical, professional and social rehabilitation or services for the abillation (including the creation of the necessary conditions for the education and training of children with disabilities, training), including providing technical means of rehabilitation and prosthetic and orthopedic products, according to the list approved by the Moscow Government ; 2) assistance in ensuring employment; 3) ensuring access to the objects of social, transport and engineering infrastructures of the city of Moscow; 4) other state guarantees established by the legislation of the city of Moscow. Article 7. Providing disabled people and other persons with restrictions on the livelihoods of rehabilitation services and broadcast services(The name in the editorial office entered into force on January 4, 2016 by the law of the city of Moscow dated December 16, 2015 N 71. 1. In order to ensure the needs of persons with disabilities and other persons with restrictions on life in comprehensive rehabilitation or abbreviation, the authorized executive authorities of the city of Moscow guarantee the provision of services to them by the organizations in the field of medical, professional and social rehabilitation, and avibilization services, and also attract organizations, if necessary, carrying out activities on the rehabilitation and agility of persons with disabilities. 2. Coordination of activities in the city of Moscow in the field of medical, professional and social rehabilitation, the halitation of persons with disabilities and other persons with life limitations is carried out by the authorized body of the executive authority of the city of Moscow in the field of social protection of the population. 3. Organization and provision of disabled and other persons with livelihood restrictions qualified medical care, including medical rehabilitation and abbilitation, are carried out by the authorized bodies of the executive power of the city of Moscow in the field of health and the organizations subordinate to them in accordance with the federal legislation and the legislation of the city of Moscow on the basis of medical care standards approved by the authorized federal executive authority in the manner prescribed by the Federal Law of 21 November 2011 N 323-FZ "On the basics of the health of citizens in the Russian Federation". Article 8. Providing disabled and other persons with restrictions on the livelihoods of technical means of rehabilitation and prosthetic and orthopedic products1. Technical means of rehabilitation and prosthetic and orthopedic products are provided with disabled people and other persons with life limitations based on medical testimony, taking into account social criteria. 2. Disabled medical testimony is defined in the manner prescribed by federal legislation, other persons with livelihood restrictions - therapeutic and preventive institutions. 3. Social criteria are: 1) the degree of vital limitations; 2) the level of rehabilitation capabilities; 3) the possibility of social integration. 4. Social criteria are determined by the authorized body of the executive authority of the city of Moscow in the field of social protection of the population based on the needs of the disabled person or persons with restrictions on the restoration of the previous or acquisition of new social status by receiving professional knowledge, skills and skills, social adaptation, physical education and sports , satisfying spiritual needs. 5. The decision to ensure the disabled person or other person with the restrictions on the vital activity by technical means of rehabilitation and prosthetic and orthopedic products is adopted by the authorized bodies of the executive power of the city of Moscow. Article 9. Education and education of persons with disabilities and other persons with life limitations1. The executive authorities of the city of Moscow create special conditions with disabilities, including children with disabilities, in accordance with individual program Rehabilitation or ability and other persons with livelihood restrictions (on the basis of medical detention) for education, education and training, taking into account the individual characteristics of their psychophysical development, health and restrictions of life in the manner established by federal legislation and legal acts of the city of Moscow. 2. Ensuring the receipt of persons specified in paragraph 1 of Article 4 of this Law, preschool, primary general, basic general, secondary, secondary vocational, higher and additional education is carried out in accordance with the federal legislation and regulatory legal acts of the city of Moscow. 3. Taking into account the needs and possibilities of persons with disabilities, including children with disabilities, and other persons with life limitations, education can be obtained in organizations engaged in educational activities (in full-time, part-time, absentee forms of training), and outside of such organizations (in shape family education and self-education) in accordance with federal legislation. For children with disabilities and other persons with livelihoods, which, according to health, cannot attend organizations engaged in educational activities, training on basic general education programs can be organized at home. 4. For persons listed in paragraph 1 of Article 4 of this Law, developing educational programs of the initial general, the main general, secondary, secondary vocational, higher education and additional educational programs, the conditions for learning using various educational technologies, including remote educational technologies, e-learning. 5. The procedure for regulation and registration of relations between the state or municipal educational organization and parents (legal representatives) of children with disabilities in terms of the organization of training on basic general education programs at home (in accordance with the individual program of rehabilitation or abillation) and the amount of compensation for parents (legal representatives) These goals are determined by legal acts of the city of Moscow and are consumable obligations of the city of Moscow. Article 10. Ensuring Disabled Employment1. The state authorities of the city of Moscow within their competence provide additional guarantees of employment of persons with disabilities by developing and implementing state programs of the city of Moscow in the field of employment facilitation, the creation of additional jobs and specialized organizations (including organizations for the work of disabled people), reservations of jobs by profession, The most suitable for the employment of persons with disabilities, the establishment of quotas for the employment of persons with disabilities, the provision of professional orientation and adaptation services, the organization of training on special programs, determining the procedure for conducting special activities to provide disabled labor employment guarantees and other measures to ensure the employment of persons with disabilities. 2. Disabled people in priority receive vocational training and additional professional education in accordance with individual programs of rehabilitation or abbilitation by profession (specialties) in demand in the labor market 3. Disabled in order to ensure labor employment guarantees, work is provided with the creation of the necessary working conditions in accordance with its individual program of rehabilitation or abillation. Article 11. Access of persons with disabilities to the objects of social, transport and engineering infrastructures of the city of Moscow1. Legal, organizational and economic relations related to the creation of conditions for the use of disabled people and other persons with restrictions on the life of the social, transport and engineering infrastructures of the city of Moscow are regulated by federal legislation, the law of the city of Moscow of January 17, 2001 N 3 "On ensuring unhindered Access of disabled people and other towel citizens to the objects of social, transport and engineering infrastructures of the city of Moscow "and other legal acts of the city of Moscow. 2. The part has lost its strength from January 4, 2016. The law of the city of Moscow of December 16, 2015 N 71 .. Article 12. The mechanism for the implementation of measures of social support for disabled people and other persons with life limitationsIn order to implement the social support measures established by this Law with disabled people and other persons with the limitations of life, the executive authorities of the city of Moscow provide: 1) the further development of the network of subordinate organizations engaged in the field of medical, professional and social rehabilitation, the abillation of persons with disabilities; 2) the development and implementation of state programs of the city of Moscow on the issues of social integration of persons with disabilities; 3) functioning and further development of complex automated information system on rehabilitation, happiness of persons with disabilities and other persons with restrictions of vital activity; 4) facilitating the production of technical means of rehabilitation and the development of non-state organizations engaged in rehabilitation, having disabled people and other persons with life limitations; 5) promoting the activities of public associations of persons with disabilities and their enterprises, including by providing them with the necessary premises for the implementation of statutory purposes. Article 13. Citywide Special Register of Recipients of Social Support Measures of Disabled and Other Life Restrictions1. The citywide special register of recipients of social support measures of disabled people and other persons with life limitations (hereinafter referred to as the Register) contains the following personified information about citizens who have residence in the city of Moscow and with the right to receive social support measures established by this Law: 1) surname, name, patronymic; 2) date of birth; 4) address of the place of residence; 5) series and number of the passport or identity card, the date of issuing these documents, on the basis of which the register includes relevant information, the name of the authority issued; 6) Date of inclusion in the register; 7) information on documents confirming the right to receive a citizen of social support measures; 8) information about the volume and date of obtaining social support measures; 9) other information determined by the Government of Moscow. 2. Register maintained by the social protection authorities of the city of Moscow in the manner prescribed by the legal acts of the city of Moscow. These bodies provide in accordance with federal legislation the level and mode of protection, processing and use of information. 3. The register is an integral part of the information resource of the city of Moscow - the disabled data bank, which has the status of an official source of urban information. Article 14. Financing of social support measuresSocial support measures provided for in this Law are consumables of the city of Moscow. Article 15. Entry into force of this Law1. This law comes into force 10 days after its official publication. 2. The action of this Law applies to the legal relations arising from January 1, 2005. Mayor of Moscow Editorial Document Taking into account On additional measures of social support for disabled people and other persons with restrictions on life in the city of Moscow (as amended on December 16, 2015)
According to statistics, today in Russia about 15 million people with disabilities are registered, in fact, every 10 resident of the country receives a special benefit. At the same time, more than half of this number are citizens of working age. The number of children with disabilities is also increasing annually. Persons who have lost disability are completely or partially, are protected by the state that makes their material support. The budget pays for benefits, pensions and benefits, and other types of disabled assistance are provided. Who can be classified as disabled?A disabled person is a man who has mental, mental, sensory, or physical deviations that do not allow him to fully live in society. People with disabilities have different degrees of health violations, in connection with this, gradation in disability groups was introduced:
Assistance to persons with disabilities is carried out by all the above categories of citizens. At the same time, each group provides a certain list of benefits, which may differ in different regions of the country, depending on local regional assistance assistance programs. Types of disability paymentsDepending on the conditions for the establishment of disability, the following types of benefits are provided in the Russian Federation:
The size of these benefits is approved by the federal budget. To obtain disability benefits, the Medical and Social Commission at the place of residence is necessary to establish a group of disability. Payments are made by the bodies on the payment of pensions and benefits. Social servicesThe Ministry of Health regularly updates the list of drugs that have been supplied free of charge with disabilities. Medications Appointed according to the main disease and are approved by the attending physician. In addition, medical supplements should be allocated for free, as well as special food to disabled children. As aid, disabled is provided for annual spa treatment, free travel on suburban transport, as well as paid fare to the place of rehabilitation and back. Assistance to persons with disabilities 1 groups and children with disabilities includes a paid ticket for the accompanying person. Help disabled 3 groups that are officially unemployed is 50% discount on drugs discharged. Recipients assistance can independently decide which of the social services they need, or abandon them at all by choosing monetary compensation, the size of which is also fixed. Help social workersHelp persons with disabilities 2 groups, as well as the first, alone residents provide social workers. They are carried out: buying products and medicines, accompaniment in medical institutions, cleaning in apartments, provision of legal assistance, fuel delivery and water with disabilities living in homes without utilities. Also, one-time material assistance may be provided to disabled and poor in the event of unforeseen situations (fire, flood, the death of close), as well as if necessary, acquiring expensive medical preparations in other situations. All kinds of help can be found in sobes. Material assistance can be rendered only once a year. Specific help disabled is also provided. For example, repair of wheelchairs and other rehabilitation funds, survival services, content and treatment of guide dogs. People with violation motor functions They have the right to take advantage of the social taxi, the cost of which is significantly lower than the city services. Disabled for free all necessary technical means are provided:
Housing benefitsA discount on housing and communal services of 50% is provided, regardless of a group of disability. Family, where a disabled child is growing, we take off the benefits when applying for the improvement of housing conditions. It is also taken into account that the disabled person needs a large living space than with conventional calculation standards. Disabled out of turn are provided by land under construction or agricultural activities. Benefits on educationDisabled children have the right to receive secondary education. A child can attend educational institutions in which an inclusive education has been introduced, or a child can learn at home, and teachers will come from a micro-school school, or from the one to which a child is attached. If parents themselves are engaged in teaching children, they pay compensation. Help disabled lies in education benefits. Thus, people with disabilities 1 and 2 groups can enter educational institutions. When setting through the passing points on the exams, they are credited to the faculty without a contest. When passing the exams, they can be extended to prepare. In addition to the main scholarship paid in the educational institution, disabled is a social scholarship subject to successful studies. Benefits for working disabledThe state protects the interests of working disabled. So, persons with 1 and 2 groups have the right to the 35-hour working week with full wage. They are given an extended vacation, as well as the opportunity to take leave without content up to 60 days for a good reason. Tax breaksDisabled disabled from paying property tax registered on them. Discounts on transport tax up to 50%. Releases are also provided when paying land tax. The state has various types of assistance to disabled to support people who have found themselves in a difficult life situation. In addition to state assistance, which extends to all registered persons with disabilities, various public organizations and charitable funds can also assist disabled people. 2,342 Total Views, 33 Views Today When is a person considered a disabled person?According to the law, the disabled person is considered a person who has a persistent violation of the physiological state of his body. Failure to perform a number of mandatory functions for this reason, as well as the presence of defects acting as a limiter of full-fledged life, are the reason for providing social support. Disability must be confirmed, and it is also necessary to identify the reasons for its appearance. These are:
There are still a number of reasons that are combined into a standard list and are listed in the legislation of the Russian Federation. Disability is assigned after medical and Social Examination or ITUwhich is held in a medical institution where a citizen is being treated, commission. If a person is recognized with disabilities, it is provided with an appropriate certificate, which is later the basis for the provision of benefits and other species social assistance.
Regulation of issues and situations related to the presence of restrictions on health restrictions in the form of disabilities occurs in accordance with federal legislation, as well as on the basis of local regulations, orders and separate provisions. Social support for disabled It is expressed in providing a specific set of benefits and surcharges, which depends on a number of factors:
Along with the individual set of benefits and target help provided by a number of funds, support for disabled It is also carried out on general reasons and applies to all citizens with such a problem. Social support for people with disabilities 1 groupRestrictions on the health of the first category includes the most complex, heavy and pronounced violations. Next:
As benefits and pensions, the following types of payments can be noted:
Obtaining the first group of disability occurs in a standard manner, subject to a persistent disorder of the basic functions of the body and the impossibility of a citizen independently serve himself and perform any actions. Social support for disabled people 2 groupsDisabled in the second group Also can count on. It should be said that there are no special differences between the benefits provided by the disabled people of the first group and the citizens of this category are not except for the amount of benefits and pensions:
IN this group It includes people with restrictions on health in the form of deafness, blindness and other similar violations. For such citizens, separate types of assistance are provided: Surdo and Typhroperer services, as well as auditing and complete exemption from the payment of the radio. The second group of disability is drawn up only in the presence of strictly pronounced disorders of the body functioning, as well as injuries and damage, negatively affecting a certain degree of complexity and severity. Social support for people with disabilities 3 groupsWith disabilities of the Third Group are citizens who have passed medical and social expertisewhich confirmed the presence of a persistent violation of the physiological state of a person, but a moderate type.
Also law is also provided 50% reimbursement of fundsExpendable for paying medicines for those citizens who work out work. Social support for children with disabilitiesThe legislation of the Russian Federation provides a number of benefits that are provided for health restrictions. It is expressed in the following:
Social support for parents of disabled childrenIf there is in the family child with disabilitiesHis parents can also count on obtaining some species. All measures can be divided into several categories:
Rehabilitation and abilities of disabledFrom the beginning of 2016, the law entered into force, the content of which determined the boundaries between the concepts. Despite the fact that the terms are consonant, the difference between them is essential. Rehabilitation - This is a set of measures aimed at restoring the functions of the body after receiving injuries or lost as a result of the disease. ABILITY It implies the formation of initial skills in children who have deviations or disorders in development. As rehabilitation measures can be noted:
As part of these measures, people with disabilities are provided by technical means, transportation, communication devices. In addition, it turns out information Support Service. As for the ability, such types of assistance are provided within this procedure:
ConclusionAs a result, you can make several conclusions:
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