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 Federal Law"About general principles organizations of legislative (representative) and executive bodies state power of subjects Russian Federation"to the powers of government bodies of the constituent entities 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 a law providing for the introduction of new types of expenditure obligations that, before its adoption, executed 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

On December 10, in Pyatigorsk, in the form of a round table, a discussion was held of Federal Law No. 442-FZ, “On the Fundamentals of Social Services for Citizens in the Russian Federation,” which will come into force on January 1, 2015.

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 of the 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, the experts and social activists gathered at the round table carefully considered the proposals (amendments) formulated by a 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 amend it before the new year and the entry into force of the law controversial issues. And the conclusion of the legal examination should be sent to State Duma RF for the development of a bill on amendments to Federal Law-442.

page 1

page 2

page 3

page 4

page 5

page 6

page 7

page 8

page 9

page 10

page 11

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 indicative list 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 referring persons in need of treatment in such institutions to specialized medical 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 the provision of medical care that is 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

12:46 — REGNUM On January 1, 2015, the Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation” comes into force in Russia. As is clear from the explanatory notes and comments, the provisions of the law “On the Fundamentals of Social Services for Citizens in the Russian Federation” systematize and regulate the actual practice of organizing social services for the population in the constituent entities of the Russian Federation.

This law is aimed at “development of the system of social services for the population in the Russian Federation, increasing its level, quality and efficiency. The law involves the recognition of existing laws as no longer in force and the formation of a single, integrated legislative act regulating relations in the field of social services for the population».

In essence, this law legitimizes a state of affairs in which social services and interdepartmental cooperation bodies will have the right to break into our homes for the purposes of “prevention and prevention.” Identify the reasons for our “trouble” without our expressing our will. Which will ultimately lead not so much to meeting the diverse needs of citizens, but to expanding the field of activity of service providers, who are also required to provide social support. And this, in turn, can lead to the mass removal of children on far-fetched and often completely incomprehensible pretexts.

The so-called “Regulations for interdepartmental interaction to identify family problems and organize work with families in a socially dangerous situation (difficult life situation)” also fits well within the framework of this concept. We will tell you in more detail about interdepartmental interaction next time, and now let’s return to our Federal Law No. 442.

I would like to immediately draw your attention to the fact that the law introduces unconstitutional norms that infringe on the inviolability of private life and the inviolability of the home (Part 1, Article 23 of the Constitution of the Russian Federation, Parts 1, 2, Article 137 of the Criminal Code of the Russian Federation), allowing arbitrary interference in family affairs (Article 1 of the Family Code of the Russian Federation). And, in addition, beyond the scope of the subject legal regulation of this Law, stated in Articles 1-3.

Now let's talk about everything in order, and we will start with the definitions used in the law.

Article 3 “Basic concepts used in this Federal Law” gives the following concept of prevention:

“Prevention of circumstances that determine the need for social services is a system of measures aimed at identifying and eliminating causes, which served as the basis for the deterioration of the living conditions of citizens, reducing their ability to independently provide for their basic life needs".

And Article 29 of the same law establishes that the prevention of circumstances that determine a citizen’s need for social services, including, is carried out by “examination of the living conditions of a citizen, determining the reasons influencing the deterioration of these conditions».

At the same time, there is no hint in the law that the relevant services should begin preventive measures after a citizen applies for any help to social service agencies. Consequently, bodies of interdepartmental interaction will have the right to enter homes, conduct an “inspection” and “identify the causes” even before the occurrence of circumstances giving the right to social services. Such actions can only be regarded as “collection, storage, use and dissemination of information about a person’s private life without his consent”, which directly contradicts the Constitution of the Russian Federation.

The validity of this kind of fear is confirmed, for example, by the Commissioner for Children’s Rights in the Komi Republic, Nelly Strutinskaya: “I believe that any family (not only at social risk) should be under the close attention of the relevant authorities in order to provide timely assistance.”

Meanwhile, in Article 15 “Recognition of a citizen in need of social services” there is not a single specific circumstance that could be prevented by the measure specified in subparagraph 1, paragraph one of Article 29.

Moreover, “by examining living conditions” it is impossible to prevent the occurrence of problems such as old age, disability, illness, loneliness, orphanhood, as well as to eliminate the causes of unemployment of parents and, as a consequence, the financial insecurity of families.

The proposed “survey of conditions” is unlikely to solve the problem of homelessness, neglect, conflicts, abuse, and difficulties in social adaptation. Everything that is commonly called social insecurity and lack of confidence in tomorrow, that is, problems generated by the self-removal of the state from the social sphere.

In order to prevent the circumstances specified in the law, which are the basis for providing a citizen with social services, a set of measures is needed in the field of economics, culture, education, medicine, safety precautions and a number of others. In other words, a government strategy is required aimed at solving economic and social problems citizens born of uneven development modern Russia. However, in given by the government the financial and economic justification for this bill states that additional funding this initiative does not require.

The danger of the proposed norm is obvious, and its direction is also beyond doubt. Introduce, under a plausible pretext, total control over citizens, with the goal of even greater coverage of the population with social services, and, consequently, obtaining more funding for organizations providing these same services. This law shows not so much the state’s concern for us, the recipients of services, as for the providers of these same social services.

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

I would like to draw the attention of the authors of the law to the fact that through overcoming various conflicts in family interaction, both spouses and children develop the ability to overcome life’s difficulties, as well as the ability to bear responsibility for their behavior in the family and in society.

“There are no conflict-free families, because... Conflicts inevitably arise in the dynamics of marital and parent-child relationships. Without them, the development of the individual and the family as a whole is impossible. Family well-being does not depend on the absence of conflicts, but on the development of the ability to overcome and cope with them in all family members.

It should be concluded that there are conflicts in any family. Conflicts can both aggravate crises and resolve them, but social services should not interfere in them, because No measures taken by social workers can reduce conflict in the family, and outside intervention can only increase it.”(from the conclusion on Federal Law No. 442 of expert psychologist, candidate of psychological sciences Kunitsa M. Yu.).

In themselves, “conflicts” in the family, even with antisocial persons, cannot be the object of attention of anyone other than the parties to the conflict. Drug and alcohol addiction, gambling addiction, and mental illness cannot be eliminated by social service measures regulated in Federal Law No. 442. Patients, of course, need treatment from specialized specialists, whose actions are regulated by other laws.

In addition, medical diagnoses of diseases that citizens suffer are medical secrets, protected, among other things, by Article 137 of the Criminal Code of the Russian Federation (“Violation of privacy”) and Article 10 of the Federal Law “On Personal Data.” At the same time, neither the patient himself nor his family members are deprived of the opportunity, if necessary, to apply for medical care to the relevant organizations, and they may also be obliged to do this by the relevant authorities.

The article does not have a clear definition of domestic violence, which carries the risk of a broad interpretation of the law and violation of the rights of citizens. Meanwhile, in the psychological, pedagogical and forensic literature there are several classifications of various types of violence.

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

We should not forget that we live in a multinational and multi-religious country. Consequently, in every family, depending on the cultural, spiritual traditions and family rules brought by the spouses from parental relationships into their family, one of them takes on the role of head of the family and establishes new rules by which the married couple lives and raises their children.

IN raising children is built on demands, concessions, compromises, rewards and punishments and is based on the formation of responsibility in all family members through overcoming marital and child-parent conflicts and subordination to family authorities (father and mother)" (from the same conclusion of an expert psychologist).

Thus, psychological violence, which does not take into account the entire cultural, religious and national diversity of Russia, poses a potential threat to interference in family relations by bodies of interdepartmental interaction.

A legitimate question arises: what to do if you receive a message, for example, from neighbors or via a helpline, that a child is not being fed or is being killed? I note that in Russia in such cases, the Criminal Code of the Russian Federation is applied first of all, which establishes criminal liability under Art. 105 of the Criminal Code of the Russian Federation for murder, and under Art. 156 of the Criminal Code of the Russian Federation for cruelty to a child and improper performance of parental responsibilities.

Further, the Criminal Procedure Code of the Russian Federation, part 5 of Art. 165 of which explains in what cases and how investigative authorities can inspect a home without the consent of the citizens living in it. The regulations of the Ministry of Internal Affairs, in turn, clearly describe how and in what cases police can break down doors and enter a home to prevent a crime being prepared or committed.

Thus, there is no need for additional “prevention” provided for in subparagraph one of paragraph one of Article 29.

I would like to clarify that the implementation from January 1, 2015 of these rules, which allow intrusion into a home and collecting information about private life without the consent and application of a citizen or without a court decision, for “prevention purposes,” will entail a massive violation of the rights of citizens. Whereas Article 55 of the Constitution of the Russian Federation provides:

2. In the Russian Federation, no laws should be issued that abolish or diminish the rights and freedoms of man and citizen.

3. The rights and freedoms of man and citizen may be limited by federal law only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, to ensure the defense of the country and the security of the state.

Another novelty that requires clarification is “social support”.

Article 22. “Assistance in the provision of medical, psychological, pedagogical, legal, social assistance not related to social services (social support)”.

If necessary, citizens, including parents, guardians, trustees and other legal representatives of minor children, are provided with assistance in providing medical, psychological, pedagogical, legal, social assistance not related to social services (social support).

According to subparagraph 5 of paragraph two of Article 28, the “Regulations for Interdepartmental Cooperation” establishes “mechanism for implementing social support measures, including the procedure for involving organizations in its implementation”.

Not a single article of Federal Law 442 mentions that “social support” is established with the consent and at the request of a citizen or his representative (Article 7, paragraph 2, paragraph 11; Article 8, paragraph 23; Article 12, clause 1, clause 7; article 28, clause 2, clause 5). It is said that it is carried out “if necessary,” but it is not indicated by whom and how such a need is determined. The issue is proposed to be resolved at the level of interdepartmental interaction, which means that support can be imposed on the citizen. At its core, this norm is an additional way of establishing control over the family.

The very concept of “social support” is not disclosed in the law, since the essence of “assistance provided” is not deciphered.

The activities regulated by Articles 22 and 29 are not related to social services in the terms of Federal Law No. 442 (Article 3). That is, they do not relate to the subject of regulation of the law, and therefore the principle of voluntariness of social services does not apply to events regarding citizens carried out in accordance with these articles (Article 4, paragraph 5). A citizen can refuse social services in writing (Article 18), but the activities mentioned in Art. 22 do not relate to social services, which means that the requirements of Art. 18 does not apply to them.

In my opinion, the establishment of social support for persons in need is possible only upon applications of citizens, including parents, guardians, trustees, and other legal representatives of minor children, as well as upon a court decision that has entered into legal force on restricting parental rights.

In connection with the upcoming entry into force of Federal Law No. 442, round tables were held in a number of regional public chambers of Russia with the participation of experts and representatives of the parent community, where a number of additional claims to the proposed federal law were formulated.

According to some participants round tables, future executors of Federal Law No. 442, the idea of ​​the authors of the law is that the main thing is not working with patients suffering from various diseases, but working with codependents, that is, with people living next to alcoholics and drug addicts. Officials rightly note that social services and NGOs will not have a license to conduct medical activities, and addicted people need treatment.

In this case, a logical question arises: in whose interests will services be provided to codependents (for their own money) if the cause of their distress is not eliminated? Obviously, such “work” can become an inexhaustible source for “non-profit” organizations.

Representatives of social services and guardianship authorities pretend or really do not understand that interference in intra-family conflicts according to reports from any third parties (which is allowed by Article 14 - “or the appeal in his interests of other citizens, the appeal government agencies, organs local government, public associations directly to the authorized body of the constituent entity of the Russian Federation") will destroy families, since it is impossible to forcibly correct the situation with social support imposed against the will of family members, which is assigned to citizens by decision of interdepartmental interaction bodies. Psychologists also talk about this.

The implementation of Federal Law No. 442 “On the fundamentals of social services for citizens in the Russian Federation” in the adopted version, from my point of view, will cause an increase in social tension in society. After all, the most precious thing a person has and what he will protect to the end is his family and his own view of how and in what traditions he should raise his children.

Lyudmila Nikolaevna Vinogradova - member of the Public Chamber of the Russian Federation, honorably retired judge, especially for.

The mechanism for implementing social support measures, including the procedure for involving organizations in its implementation;

Social services in the subject

Quality indicators and assessment of delivery results social services;

Per capita standard for financing social services;

Rules for the provision of social services free of charge or for a fee (partial payment);

4) requirements to activities social service provider in the field of social services;

5) list of documents required for the provision of social services, with indicating document ov and information that the recipient of social services must provide, and the document ov, which are subject to submission within the framework of the interdepartmental information interaction or are represented by the recipient of social services according to own initiative;

6) other provisions depending on forms of social services, types social services.

3. The social service standard includes into yourself:

1) description of the social service, including its volume;

2) deadline And provision of social services;

5) conditions for the provision of social services, including conditions for the accessibility of the provision of social services for disabled people and other persons, taking into account the limitations of their life activities;

6) other provisions necessary for the provision of social services.

Article 28. Interdepartmental interaction during organization

Russian Federation

1. Interdepartmental interaction in organizing social services in a constituent entity of the Russian Federation and social support carried out on the basis of regulations interdepartmental interactions, defining content and procedure for actions of state authorities of a constituent entity of the Russian Federation in connection with the exercise of powers of constituent entities of the Russian Federation , established by this Federal Law.

2. Regulations for interdepartmental interaction defines:

1) list of government bodies of the constituent entity of the Russian Federation, carrying out interdepartmental interaction;

2) types of activities carried out by government bodies of a constituent entity of the Russian Federation;

3) order and forms of interdepartmental interaction;

4) requirements for the content, forms and conditions of information exchange, including in electronic form;

6) procedure for state control (supervision) and evaluation of results ov interdepartmental interactions.

Article 29. Prevention of circumstances causing

1. Prevention circumstances, determining a citizen’s need for social services, is carried out by:

1) examinations conditions life activity of citizens, determining the causes, influencing the deterioration of these conditions;