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Lyudmila Vinogradova. Social services law threatens to divide society


On December 10, in Pyatigorsk, in the form of a round table, a discussion took place on the legislation coming into force on January 1, 2015. Federal Law No. 442-FZ “On the fundamentals of social services for citizens in the Russian Federation.”

The “round table” in the capital of the North Caucasus Federal District, dedicated to a detailed discussion of some of the norms of the new law, as well as amendments to it, is the second event in the Stavropol Territory on this topic, which was actively covered by the local press.

The reason for the growing rhetoric on this topic lies in the serious concern of social activists, the parent community and specialists about the qualitative change in the essence of the concept of “social assistance to citizens”, and, accordingly, a change in the content of the social work, functions and tasks of social workers, which postulates new law.



The “round table” in Pyatigorsk took place on the initiative of the Stavropol regional branch of the LLC “Parental All-Russian Resistance” (“RVS”).

First of all, it is worth noting that about two years ago a press conference of the Stavropol delegates of the founding Moscow Congress of the LLC RVS took place in Pyatigorsk. At a press conference in Pyatigorsk at that moment, the result of the joint efforts of the parent community of Russia and the active expression of the opinions of citizens of the Russian Federation was discussed, when about 200 thousand signatures of Russian residents were collected in the name of the President of the Russian Federation V.V. Putin is against the adoption of the bill on the so-called “Social. patronage."

This bill according to an expert analysis of the legal department of the RVS, it contained legal instruments (including “vague” wording) that ran counter to the norms of the Constitution of the Russian Federation, allowing guardianship and supervisory authorities to establish control over virtually any family at their discretion, dictating to parents “norms” for raising their own children in these “controlled” families according to their subjective ideas.
As a result, this bill, due to the active opposition of the parent community and the personal intervention of the President of the Russian Federation V.V. Putin, who responded to the appeal of citizens of the Russian Federation in the form of almost two hundred thousand signatures, was rejected.

However, the participants of the round table in Pyatigorsk noted that the new law “On the fundamentals of social services for citizens in the Russian Federation”, in a number of its norms, is, in fact, a “legal successor” to the rejected bill on the so-called “Social patronage”.

The greatest concern among the participants of the event was caused by the norms introduced by paragraph 1 of Article 22 and subparagraph 1 of paragraph 1 of Article 29 of this Federal Law. Let's look at them.

1. Thus, the new law introduces the concept prevention of circumstances that determine the need for social services . Article 29 establishes that “prevention of circumstances” is carried out, inter alia, by “examining the living conditions of a citizen, identifying the reasons that influence the deterioration of these conditions.”
At the same time, the law does not indicate that the relevant authorities should take preventive measures only after a citizen applies for any help.
Therefore, the organs interdepartmental interaction will have the right to enter homes, conduct “inspections”, “identify causes” even before the circumstances giving the right to social services. What can be regarded as “collection, storage, use and dissemination of information about privacy person without his consent”, that expressly prohibited Part 1 of Article 24 of the Constitution Russian Federation.

2. In addition, Article 22 introduces the concept "social support"- this is “assistance in providing medical, psychological, pedagogical, legal, social assistance, not related to social services".
Article 22(1) reads: if necessary citizens<…>assistance is provided in the provision of medical, psychological, pedagogical, legal, social assistance not related to social services (social support).
However, not a single article of Federal Law No. 442 not mentioned that “social support” is established with the consent and at the request of the citizen or his representative. It is carried out “if necessary”, however The law does not specify who exactly determines it.
Moreover, measures regulated by Articles 22 and 29 to provide “social support” within the framework of interdepartmental interaction not related to social services in terms of Federal Law No. 442 (Article 3). That is, they are not subject to regulation by law. This means that for events regarding citizens carried out in accordance with these articles, the principle of voluntariness does not apply social services.
True, a citizen can (Article 18) refuse social services in writing, but, we repeat, the activities mentioned in Article 22, do not belong to social service, which means that the requirements of Article 18 do not apply to them, and they simply cannot be abandoned.
Thus, the basic principle is violated voluntary provision of social assistance.

In other words, according to these provisions of the new law, it turns out that under the declared plausible pretexts, total control over citizens is being introduced (i.e., the above-mentioned mechanism of “social patronage”).
Once again, an attempt is being made to legitimize this state of affairs, in which the bodies of interdepartmental interaction will have the right to examine the living conditions of citizens for the purpose of “prevention and prevention”, to identify the causes of “trouble” of citizens without their expression of will.
Which ultimately will lead not so much to meeting the diverse needs of citizens, but to expanding the field of activity of service providers, who are obliged, among other things, to deal with social services. support, and obtaining more funding for organizations providing these services.

Recognizing that the new law carries a potential danger, first of all, for the most vulnerable sections of society, including large families, those who gathered at the “ round table“Specialists and social activists carefully considered the proposals (amendments) formulated by member of the Public Chamber of the Russian Federation L.N. Vinogradova in the draft Federal Law “On amendments and additions to Federal Law 442 “On the fundamentals of social services for citizens in the Russian Federation”. These amendments completely exclude the possibility of turning the sphere of social services into a space of total control and supervision over citizens. All amendments at the round table in Pyatigsk were accepted.

The event participants also emphasized that any bills should be subject not only to broad public discussion, but also to scrupulous study and discussion in the expert community.

As a result of the meeting, a list of recommendations to the Public Chamber of the Russian Federation was compiled. In particular, it is proposed to discuss and correct its controversial issues before the new year and the entry into force of the law. And the conclusion of the examination of the law should be sent to the State Duma of the Russian Federation for the development of a bill on amendments to Federal Law-442.

Ticket No. 1

New principles and types of social services, the concept of social support.

Principles of social services

Targeting

Availability

Voluntariness

Humanity

Priority of providing social services to minors in difficult life situations

Privacy

Preventive focus

Types of social services:

Social and household

Socio-medical

Socio-psychological

Social and pedagogical

Social and labor

Social and legal (legal consultations)

Social advisory

Participation in cultural events

Social support

Social rehabilitation

Urgent social services

Services for increasing the communication potential of recipients of social services

1.2 Social support(at home, semi-stationary, stationary)

Social accompaniment- purposeful activities of specialists in comprehensive analysis and solution of the social complex. problems of elderly people, orphans, provision of services in order to improve conditions and solve their ability to independently provide for their basic life needs.

Social accompaniment- This is assistance in providing medical, psychological, pedagogical, social assistance not related to social services. services.

Social accompaniment carried out by involving organizations (clinics, theaters, Pension Fund etc).

New principles of social services - maintaining a stay in a familiar, favorable environment (preventing isolation from society).

Ticket No. 2

Need for social services.

1. A citizen is recognized as in need of social services if the following circumstances exist that worsen or may worsen his living conditions:

1) complete or partial loss of the ability or ability to perform self-care, move independently, provide basic life needs due to illness, injury, age or disability;

2) the presence in the family of a disabled person or disabled people, including a disabled child or disabled children who need constant outside care;

3) the presence of a child or children (including those under guardianship or guardianship) experiencing difficulties in social adaptation;

4) inability to provide care (including temporary care) for a disabled person, child, children, as well as lack of care for them;

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

6) lack of a specific place of residence, including for a person who has not reached the age of twenty-three and has completed his stay in an organization for orphans and children without parental care;

7) lack of work and livelihood;

8) the presence of other circumstances that are recognized by the regulatory legal acts of the constituent entity of the Russian Federation as worsening or capable of worsening the living conditions of citizens.

2. The authorized body of a constituent entity of the Russian Federation makes a decision to recognize a citizen as in need of social services or to refuse social services within five working days from the date of filing the application. The applicant is informed about the decision made in writing or electronic form. The decision to provide urgent social services is made immediately.

Prevention of circumstances that determine a citizen’s need for social services

The reason that not all of the draft provisions were included in the commented Law was that the prevention of difficult life situations is not included in the concepts of “social support and social services for citizens in difficult life situations” included in the provisions of subparagraph. 24 clause 2 art. 26.3 of the Federal Law "On general principles organizations of legislative (representative) and executive bodies state power subjects of the Russian Federation" to the powers of state authorities of the subject of the Russian Federation. Accordingly, we were talking about the introduction of new expenditure obligations of the constituent entities of the Russian Federation, which would be unacceptable without taking into account the requirements of Article 83 of the Budget Code of the Russian Federation, according to which the law providing for the introduction of new types of expenditure obligations, which up to its adoption was not implemented by any public legal entity, must contain rules defining the sources and procedure for the fulfillment of new types of expenditure obligations, including, if necessary, the procedure for transfer financial resources for new types of expenditure obligations in the corresponding budgets budget system RF. attention was drawn to the need to fulfill these requirements Legal Department The State Duma apparatus when working on a bill.

The provisions of Part 1 of the commented article define two groups possible ways implementation of prevention of circumstances that determine a citizen’s need for social services:

1) examination of the living conditions of a citizen, determination of the reasons influencing the deterioration of these conditions;

2) analysis of government data statistical reporting, conducting, if necessary, selective sociological surveys.

In accordance with clause 3, part 2, art. 7 of the commented Law to the powers of the authorized federal executive body, i.e. The Russian Ministry of Labor attributed methodological support social services in terms of preventing the circumstances that determine the need for social services.

Social relations arising in the implementation of official statistical accounting are subject to regulation by Federal Law No. 282-FZ of November 29, 2007 “On official statistical accounting and the system of state statistics in the Russian Federation” * (63), which is enshrined in Part 2 his art. 1.

2. Part 2


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FEDERAL AGENCY FOR TECHNICAL REGULATION AND METROLOGY

NATIONAL

STANDARD

RUSSIAN

FEDERATION

Official publication


Standardinform

Preface

1 DEVELOPED by the Federal State unitary enterprise"Russian scientific and technical center information on standardization, metrology and conformity assessment" (FSUE "STANDARTINFORM")

2 INTRODUCED by the Technical Committee for Standardization TC 406 “Social Services for the Population”

3 APPROVED AND ENTERED INTO EFFECT by Order Federal agency on technical regulation and metrology dated October 28, 2015 No. 2164-st

4 This standard implements the norms of the Federal Law of the Russian Federation dated December 28, 2013 No. 442-FZ “On the fundamentals of social services for citizens in the Russian Federation” and the Decree of the Government of the Russian Federation dated November 24, 2014 No. 1236 “On approval of an approximate list of social services by type of social services"

5 INTRODUCED FOR THE FIRST TIME

The rules for applying this standard are established in GOST R 1.0-2012 (section 8). Information about changes to this standard is published in the annual (as of January 1 of the current year) information index “National Standards”, and the official text of changes and amendments is published in the monthly information index “National Standards”. In case of revision (replacement) or cancellation of this standard, the corresponding notice will be published in the next issue of the monthly information index “National Standards”. Relevant information, notices and texts are also posted in information system for general use - on the official website of the Federal Agency for Technical Regulation and Metrology on the Internet (www.gost.ru)

© Standardinform, 2016

This standard cannot be fully or partially reproduced, replicated or distributed as an official publication without permission from the Federal Agency for Technical Regulation and Metrology

Editor S.Sh. Sarukhanova Proofreader O.V. Lazareva Computer layout E.I. Mosur

Signed for publication on 02/08/2016. Format 60x84Vs.

Uel. oven l. 1.40. Circulation 32 copies. Zach. 404.

Prepared based on the electronic version provided by the developer of the standard

FSUE "STANDARTINFORM"

123995 Moscow, Granatny per., 4. www.gostinfo.ru [email protected]

GOST P 56831-2015

NATIONAL STANDARD OF THE RUSSIAN FEDERATION

SOCIAL SERVICES TO THE POPULATION

Services for the prevention of circumstances that determine the need of citizens for social services

Social services of the population. Services to prevent difficult life situations

Date of introduction - 2017-01-01

1 area of ​​use

This standard applies to social services aimed at preventing circumstances that determine the need of citizens for social services.

This standard establishes the main types, composition and scope of these services.

2 Normative references

This standard uses Normative references to the following standards:

4.3 This standard establishes the following social services aimed at preventing the circumstances that determine the need of citizens for social services and helping to prevent and eliminate the causes of deterioration in the living conditions of citizens:

Social and domestic, aimed at improving the living conditions of recipients of social services in everyday life;

Social and medical, aimed at improving the emerging deterioration in the health of recipients of social services by organizing care, providing assistance in carrying out health activities, systematic monitoring of recipients of social services to identify any deviations in their health;

Socio-psychological, providing assistance in correcting the psychological state of recipients of social services for adaptation to social environment, including providing psychological assistance anonymously using a helpline;

GOST P 56831-2015

Social and pedagogical, aimed at preventing deviations in the behavior and personality development of recipients of social services, developing their positive interests (including in the field of leisure), organizing their leisure time, providing assistance to the family in raising children;

Social and labor, aimed at assisting in employment and solving other problems related to labor adaptation;

Social and legal, aimed at providing assistance in obtaining legal services, including free of charge, in protecting the rights and legitimate interests of recipients of social services;

Services in order to increase the communicative potential of recipients of social services with disabilities, including disabled children;

Urgent social services.

4.4 Social services to prevent and (or) eliminate circumstances that determine the need of citizens for social services are established in this standard in accordance with the provisions and in accordance with GOST R 52143, GOST R 52885, GOST R 52888, GOST R 53058, GOST R 53059 .

5 Main types, composition and volume of preventive social services

Preventive social services are provided to citizens by social service providers in the types, composition and volume from those established by the Charter, Regulations, and other constituent documents of the social service provider.

5.1 Social services

Social services may include:

Assistance in the implementation of social support measures for citizens in accordance with the legislation of the Russian Federation;

Assistance in resolving issues of self-sufficiency, development of family entrepreneurship, cottage industries and other issues of improving one’s financial situation and level of wealth;

Raising funds to help low-income families;

Assistance in improving housing and living conditions, first of all large families, young families and families with minor parents;

Providing social and domestic services at home to families with disabled or long-term ill members (assistance in caring for children who are disabled or seriously and long-term ill);

Social services for families with disabled children and children with limited mental and physical capabilities raised at home (assisting parents in organizing the life of children, taking into account their physical and mental condition, accompanying children outside the home, etc.);

Assistance in the provision of services by trade, public utilities, communications and other enterprises providing services to the population;

Assistance in providing families (citizens) with fuel for those living in residential premises without central heating and (or) water supply, water delivery;

Social patronage of citizens (families);

Assistance (if necessary) to citizens in the provision of social assistance that is not related to social services (social support).

5.2 Social and medical services

Social and health services may include:

Providing assistance in obtaining social and medical services provided for by the legislation of the Russian Federation;

Social and medical patronage of recipients of social services;

Assistance in referral to specialized medical institutions health care of persons requiring treatment in such institutions;

Sanitary education work with citizens (families);

Assistance in carrying out activities aimed at preventing exacerbations of chronic diseases and preventing infectious diseases;

Providing assistance in carrying out recreational activities;

Consulting on social and medical issues (family planning, modern safe means of contraception, food and housing hygiene, getting rid of bad habits, psychosexual development of children);

Preparing children for conscious fatherhood and motherhood;

Training relatives of patients in practical skills of general care for them;

Assistance in providing children in need of health improvement with appropriate services and in sending them to health camps and sanatorium-resort treatment;

Providing emergency medical, psychological and pre-medical assistance to families and individual citizens who find themselves in extreme situations (those affected by natural disasters and similar events), families of refugees and internally displaced persons;

Assistance (if necessary) to citizens in providing medical care, not related to social services (social support).

5.3 Social and psychological services

Social psychological services may include:

Psychological diagnostics, examination and personality correction of adults and children for the purpose of psychological support of vitality;

Psychological counseling on the prevention of family conflicts leading to disruption of existing living and living conditions;

Assistance (if necessary) to citizens in providing psychological assistance that is not related to social services (social support).

5.4 Social and pedagogical services

Social and pedagogical services may include:

Social and pedagogical consultation on overcoming family conflicts, early career guidance for children and their employment, according to family education methods;

Pedagogical correction of inappropriate forms of behavior of parents and their attitudes when raising children, assistance to parents in overcoming pedagogical neglect or pedagogical errors;

Prevention of deviations in the behavior of citizens, the formation of positive interests in them, including in the field of leisure, organization of leisure (excursions, meetings with literary and artistic figures, visits to exhibitions, theaters, amateur art concerts, holidays, anniversaries, games, club and circle work , other cultural events);

Providing pedagogical assistance to families with children with mental and physical disabilities in the upbringing, education and professional training of children, taking into account their mental and physical condition, training parents in the basics of rehabilitation of such children at home;

Assistance to families who find themselves in extreme situations (those affected by natural disasters or similar events), families of refugees and internally displaced persons in adapting children to the current situation, providing parents with pedagogical assistance in raising children, assistance in placing children in school or other educational institution;

Teaching Children Skills family life(skills for building adequate relationships in the family and positive conflict resolution skills) for young families and families with minor spouses;

Providing pedagogical assistance to parents in families with orphans and children left without parental care in the upbringing of adopted children, taking into account their physical and mental condition, character and inclinations;

Assistance (if necessary) to citizens in providing pedagogical assistance that is not related to social services (social support).

5.5 Social and labor services

Social and labor services may include:

5.5.1 Promoting the employment of citizens (through employment services), which involves targeted activities to select jobs for them that ensure that the work performed corresponds to their professional training.

The employment assistance process includes the following social services:

Consulting and informing citizens on employment issues;

Assistance in finding a suitable job;

Employment at open market labor;

Employment at a specialized enterprise that employs disabled people (workshop, site, workplace);

Employment at home.

5.5.1.1 Consulting citizens on employment issues includes:

Forecasting various options for work activity;

Drawing up an employment plan, including the necessary psychological support;

Social adaptation in the labor market;

Bibliography

Federal Law of the Russian Federation of December 28, 2013 No. 442-FZ “On the fundamentals of social services for citizens in the Russian Federation”

Decree of the Government of the Russian Federation of November 24, 2014 No. 1236 “On approval of an approximate list of social services by type of social services”

UDC 658.382.3:006.354 OKS 03.080.30 T50

Key words: social services, social and domestic services, social and medical services, social and psychological services, social and pedagogical services, social and labor services, social and legal services, urgent social services, need for social services, prevention of circumstances that determine neediness in social services