Prevention of circumstances of need for social services. Citizen's need for social services
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 the results of providing 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 for 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 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
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 implementation of the 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 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 the 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;
Ticket No. 1
New principles and types of social services, the concept of social support.
Principles of social services
Targeting
Availability
Voluntariness
Humanity
The priority of providing social services to minors in difficult situations life situation
Privacy
Preventive focus
Types of social services:
Social and household
Socio-medical
Socio-psychological
Social and pedagogical
Social and labor
Socio-legal ( legal advice)
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 the elderly, 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.
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 years 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 electronically. 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 projected provisions were included in the commented Law was that the prevention of difficult life situations is not included in the concepts " social support and social services for citizens in difficult life situations”, covered by the provisions of subparagraph 24, paragraph 2, article 26.3 Federal Law"About general principles organizations of legislative (representative) and executive bodies state authorities of the constituent entities of the Russian Federation" to the powers of state authorities 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, which, before its adoption, were 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 of the budget system of the Russian Federation. The legal department of the State Duma Apparatus drew attention to the need to fulfill these requirements when working on the 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 Stavropol regional office OOOZS “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 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 preventive measures the relevant authorities must begin only after a citizen applies for any help.
Consequently, the bodies of interdepartmental interaction will have the right to enter homes, conduct an “inspection”, “identify the causes” even before the circumstances giving the right to social services. What can be regarded as “collection, storage, use and dissemination of information about the private life of a person without his consent”, which 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 the provision of 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, the 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 measures 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 purposes 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 correct its controversial issues before the new year and the entry into force of the law. 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.
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 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 living 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 distribution 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 the future, 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, the government’s financial and economic justification for this bill states that this initiative does not require additional funding.
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 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 from 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 among all family members through overcoming marital and child-parent conflicts and submission 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.
Arises legitimate question, but 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 being 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 from January 1, 2015, the implementation of these rules, which allow one to invade a home and collect 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; clause 28, 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; therefore, the activities regarding citizens carried out in accordance with these articles are not subject to the principle of voluntariness of social services (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 implementers 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 an appeal in his interests from other citizens, an appeal from state bodies, bodies 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.
Implementation of Federal Law No. 442 “On the Basics of Social Services for Citizens in the Russian Federation” in accepted 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.