Problematic issues of social services for citizens at home. Innovations in social services for citizens of the Russian Federation

A feature of the current demographic situation in Russia is the trend towards an increase in life expectancy and an increase in the proportion of the population older than working age. Therefore, the state is obliged to assume obligations in order to contribute to the preservation and extension of the full life of each person, to recognize its debt to him and to support his social, labor, educational and creative activity. In this regard, the problem of providing social assistance and support to the elderly is very relevant in society.

In modern society, citizens of the older generation are undergoing a gradual reorientation from simple survival to active inclusion in public life. The purpose of social services at home has also changed, which is the maximum possible extension of the stay of elderly and disabled citizens in a favorable environment, prolonging their life activity in their familiar environment.

The system of social services for the population has now undergone significant changes. On January 1, 2015, the new Federal Law of December 28, 2013 No. 442-FZ “On the Fundamentals of Social Services for Citizens in the Russian Federation” came into force, which is focused primarily on an individual approach in addressing the concerns of older people and people with disabilities and providing clearer and more targeted assistance. The law redefines the concept of “social service”, which can be one-time, periodic and permanent, and is provided to improve the living conditions of citizens and expand the ability to independently provide for their life needs.

Solving the problems of social protection of the elderly requires more direct participation of society, the search for new forms of social services. Currently, older people prefer forms and methods of social services that allow them to maintain physical health, develop intellectual abilities, and maintain a balanced psycho-emotional and spiritual state. Under these conditions, traditional forms of service become insufficient. Creation of conditions for quality social change are innovative social technologies.

In the last decade, the system of semi- hospitals for day stay pensioners. Private houses are being built for the comfortable living of the elderly. Clubs of social mutual aid and creative interests became the most demanded. Technologies such as "Virtual tourism", "Sanatorium at home", "Mobile brigade" for citizens receiving social services at home are being introduced. Elderly and disabled people are regularly involved in photo exhibitions, exhibitions creative works and various promotions in home offices.

It is no secret that in recent years the state of health of the nation has been deteriorating. In Russian society, the number of citizens with significant disabilities is growing. Many people need constant outside help. Due to the underdeveloped network of hospices and the long queue for obtaining places in inpatient social service institutions, home-based departments are implementing hospital-replacing technologies: services "Home nurses", "Hospice at home", "Weekend without loneliness", etc. There is also a need to preserve branches nursing care at healthcare facilities, where patients temporarily receive qualified assistance before being placed in a boarding house, and some return home as a result of full-fledged care. From experience, it became clear that close cooperation between social and medical workers improves the quality of life of service recipients. The modernization of the system of stationary social services, the construction of gerontological and gerontopsychological centers requires huge amounts of money, and the need for resources is increasing, which confirms the insufficient volume of provision by state structures social services. One of the important impetuses to change the existing social tension will be the development and functioning of the system of non-state social services, support and strengthening the role of public funds, charitable and religious organizations, which will contribute to the development of competition in the provision of social services, and, consequently, improve their quality.

Another obvious problem that complicates the interaction between the state and society in working with older people is the lack of information. For a more successful operation of the organs social protection population, it would be advisable to have a database of public organizations working with older people and operating on the territory of their municipalities. The consistency and availability of this information at the regional and federal levels will improve intersectoral interaction, enrich public services with new ideas and approaches, and give public organizations the opportunity to disseminate their successful experience.

Specialist in social work
Ukolova N.Yu.

coursework

Sociology, social work and statistics

The concept of social services Principles of social services Rights and obligations of recipients of social services Forms and types of social services Normative legal acts regulating social services...

Introduction……………………………………………………………………… p.3-5

Chapter 1. The concept of social service……………….....……….. p. 6-21

§1. Principles of social service………………………………. With. 6-10

§2. Rights and obligations of recipients of social services……………… p.11-15

§3. Forms and types of social services………………………… p. 15-21

Chapter 2. Normative legal acts regulating social services………………………………………………………………… p. 22-38

Chapter 3. Problems and prospects of social services in the Russian Federation………………………………………………………………… p. 39-48

Conclusion…………………………………………………………..…… p. 49-53

Bibliographic list………………………...……...………..…… With. 54-56

Appendix No. 1 Determination of the Primorsky Regional Court of December 24, 2014 in case N 33-11264…………………………………………….… p. 57-62

INTRODUCTION

My graduation research topic qualifying work- legal foundations of social services in the Russian Federation. The sounded topic has its own relevance and problems.

At each stage of the development of the state, various difficulties and obstacles naturally occur, including those that make adjustments to the lives of ordinary citizens. But the elderly and aging people, the disabled, people in difficult life situations, orphans, families with many children, etc. unable to provide themselves with an acceptable standard of living. The state is obliged to help them and smooth out the problems of the standard of living of such categories of the population.

Along with other functions and tasks, the social function of the state is one of the main directions of its activity, which consists in providing citizens with a quality and fulfilling life, resolving social contradictions and protecting the agreed interests of citizens on the basis of legally fixed social standards.

Human rights and freedoms are recognized in our state as the highest value. Recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state.

The Russian Constitution of 1993 enshrines human rights in the region social security. The Constitution of the Russian Federation states that “The Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person. 2".

One of the relatively independent elements of the social security system, supplementing the provision of security in cash, is social services for certain categories of citizens. At present, when the amount of cash payments under the social security system does not allow the most vulnerable categories of citizens to independently overcome life difficulties, the system of social services is a significant element of social support for them.

From January 1, 2015, with the entry into force of the new Federal Law of December 28, 2013 No. 442-FZ "On the basics of social services for citizens in the Russian Federation" 3 this type of social security has taken on a new meaning. In addition to this law, there are normative legal acts that establish the right of certain categories to social security, including social services. Such acts include Federal Laws of December 21, 1996 No. 159-FZ “On additional guarantees for social support for orphans and children left without parental care” 4 , dated January 12, 1995 No. 5-FZ "On Veterans" 5 , dated November 24, 1995 No. 181-FZ "On the social protection of persons with disabilities in the Russian Federation" 6 .

Social services occupy a separate place in the social security system, since the degree of development of services can be considered as one of the essential indicators of the level of all social security.

The purpose of the final qualification work is to consider the legal foundations of social services in Russia.

Work tasks:

Definition of the concept of social service;

Disclosure of the content of the right of citizens to social services;

Consideration of the principles of social service;

Disclosure of the basic rights and obligations of recipients of social services;

Classification and characteristics of forms and types of social services;

Designation of the role of international human rights instruments that enshrine the right to social security and services;

Analysis of the main laws on social services;

Study of the problems and prospects for the development of social services in our country.

General theoretical provisions on social services in one form or another were touched upon and considered in various textbooks, teaching aids, scientific articles. Some works contain proposals for improving the current legislation; law enforcement practice is analyzed.

At various times, prominent representatives of jurisprudence and science were engaged in the study of social security and social services. Many of them contributed to the development of social welfare theory.

Problems of legal regulation public relations on social services have been studied by such jurists and scientists: B.C. Andreev, E.E. Machulskaya, E.G. Tuchkova, V.Sh. Shaikhatdinov and others.

The basis of the study is formed by international legal acts, normative legal acts of Russia that regulate relations in social services.

The structure of the final qualifying work reflects the intended goals and objectives of the study. The work consists of an introduction, three chapters, a conclusion, a list of regulations and a list of references.

CHAPTER 1. THE CONCEPT OF SOCIAL SERVICES

§1. Social Service Principles

Social services are one of the elements of the entire social security system. Along with other components of social security, it contributes to the support of needy categories of the population.

Social services for the population is a special mechanism that allows you to participate in solving the problems of society, its various social groups and the individual.

Social service wears complex nature and includes various types of social services intended for citizens to meet their specific needs due to important reasons: illness, disability, old age, raising children, etc.

Based on Article 3 of the Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation”, social services for citizens is an activity for the provision of social services to citizens.

Social service is an action or actions in the field of social services to provide permanent, periodic, one-time assistance, including urgent assistance, to a citizen in order to improve his living conditions and (or) expand his ability to independently provide for his basic life needs. 7

It should be emphasized that social service” as a legal category in social security law differs from the concept of service used in civil law.

Social services are provided to citizens not in cash (unlike pensions, allowances, compensations), but in kind; their provision is financed from the budget. The state can establish state standards for social services, and the subjects of the Federation can expand their scope and introduce additional types of social services.

Thus, a social service is different from any other service. It turns out to be a clearly defined category of citizens (the elderly, the disabled, orphans, etc.). The social service is designed to meet the special needs of this category of citizens and this happens at the expense of society, and not personal income and funds. Also, a social service is provided in the form of a specific in-kind service. In addition, social services cannot be reimbursed in cash.

According to Article 4 of this law, social services are based on the observance of human rights and respect for the dignity of the individual, are of a humane nature and do not allow the humiliation of the honor and dignity of a person.

Social services are also carried out on the following principles:

1) equal, free access of citizens to social services, regardless of their gender, race, age, nationality, language, origin, place of residence, attitude to religion, beliefs and membership in public associations;

2) targeted provision of social services;

3) the proximity of social service providers to the place of residence of recipients of social services, the sufficiency of the number of social service providers to meet the needs of citizens in social services, the sufficiency of financial, logistical, personnel and information resources from social service providers;

4) preservation of the citizen's stay in the usual favorable environment;

5) voluntariness;

6) privacy 8 .

If we talk about the principle of targeting, then it involves the provision of social services to those in need this moment in it and who wrote the corresponding statement. Targeting is the provision of a personalized specific person. The bodies of social protection, the bodies of the Federal Migration Service, etc. monitor the identification of persons in need of social services they receive information about families with children, refugees and internally displaced persons, orphans, etc. These bodies identify and create a database of such persons. 9

The priority of granting to minors is due to the increased social vulnerability of children due to their age. The welfare state makes it a priority to take special care of all children, including those who find themselves in a difficult life situation.

And the creation and functioning of specialized institutions for social services to the population, providing free help or with partial payment of the cost, located in the territorial accessibility allows the implementation of the principle of accessibility of social services. There are also lists of social services in accordance with the needs of certain groups of the population. In addition, everyone has the right to receive information about the procedure and conditions for receiving social services, about its varieties, etc.

The principle of voluntariness implies that social services will be provided only on the basis of the desire of the person in need, that is, according to his consent and goodwill, which is expressed in the submission of a personal application. But in exceptional cases, directly specified in the law, the application can be submitted, for example, by the legal representative of the person in need of assistance. And at any time there is an opportunity to refuse to receive social services.

Based on the principle of humane social services, social institutions should provide people with assistance with due attention and care, without causing moral and bodily suffering, that is, employees of these institutions should show respect for their patients so that they feel as comfortable as possible, being in a favorable environment . Humanity implies that persons living in residential institutions have the right to be free from punishment. Employees of stationary institutions who admitted said violations bear disciplinary, administrative or criminal liability.

Confidentiality means that personal information that has become known to employees of social service institutions in the course of providing social services constitutes a professional secret. Employees guilty of disclosing it bear the responsibility established by law. That is, the principle of confidentiality means that those working in institutions providing social services do not have the right to disseminate information about persons who have applied for help.

This principle is separately enshrined in Article 6 of the Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation”:

"1. It is not allowed to disclose information classified by the legislation of the Russian Federation as information of a confidential nature or official information about recipients of social services by persons to whom this information became known in connection with the performance of professional, official and (or) other duties. Disclosure of information about recipients of social services entails responsibility in accordance with the legislation of the Russian Federation.

2. With the consent of the recipient of social services or his legal representative, given in writing, it is allowed to transfer information about the recipient of social services to other persons, including officials, in the interests of the recipient of social services or his legal representative, including the media and the official website of the provider of social services in the information and telecommunications network "Internet" (hereinafter referred to as the "Internet" network).

3. Providing information about the recipient of social services without his consent or without the consent of his legal representative is allowed:

1) at the request of the bodies of inquiry and investigation, the court in connection with the conduct of an investigation or court proceedings, or at the request of the prosecution authorities in connection with the exercise of prosecutorial supervision by them;

2) at the request of other bodies empowered to exercise state control (supervision) in the field of social services;

3) when processing personal data within the framework of interdepartmental information interaction, as well as when registering a subject of personal data on single portal state and municipal services and (or) regional portals of state and municipal services in accordance with the legislation on the organization of the provision of state and municipal services;

4) in other cases established by the legislation of the Russian Federation" 10 .

§2. Rights and obligations of recipients of social services

Citizens exercise their subjective right to social services in the state system of social services by entering into social service relations.

Citizens as subjects of legal relations in social services, in addition to rights, bear obligations. These duties correspond to the rights of another subject of the legal relationship for social services.

A recipient of social services is a citizen who is recognized as in need of social services and who is provided with a social service or social services.

The rights and obligations of recipients of social services are described in Chapter 3 of the Federal Law "On the basics of social services for citizens in the Russian Federation" 11 .

Thus, according to this normative act, recipients of social services have the right to:

1) respectful and humane attitude.

This right follows from the norm of Part 1 of Art. 4 of this Law, which establishes that social services are based on the observance of human rights and respect for the dignity of the individual, are of a humane nature and do not allow the humiliation of the honor and dignity of a person.

2) receiving free of charge in an accessible form information about their rights and obligations, types of social services, terms, procedure and conditions for their provision, tariffs for these services and their cost for the recipient of social services, about the possibility of obtaining these services free of charge, as well as about social service providers.

In paragraph 4 of part 1 of Art. 12 of the Law under consideration establishes the duty of social service providers, which corresponds to this right, to provide information free of charge in an accessible form to recipients of social services or their legal representatives about their rights and obligations, types of social services, terms, procedure and conditions for their provision, tariffs for these services and about their cost for the recipient of social services or about the possibility of receiving them free of charge. Information openness social service providers is enshrined in the provisions of Art. 13 of the Law.

3) choice of provider or providers of social services.

Citizens have the right to choose the institution and form of social services in the manner prescribed by the social protection authorities of the constituent entities of the Russian Federation.

4) refusal to provide social services.

Article 18 of this Law is devoted to the refusal of social services, social services, in part 1 of which the provision on the right of a citizen or his legal representative to refuse social services, social services is duplicated. As established in the same place, the refusal is made in writing and entered into the individual program of a particular person.

5) protection of their rights and legitimate interests in accordance with the legislation of the Russian Federation.

In this Law on judicial order protection of the rights and legitimate interests of recipients of social services, it is stated in part 3 of article 15 that a decision to refuse social services can be appealed in court.

6) participation in the preparation of individual programs.

Such participation implies an individual approach to determining the recipients of the social services they need based on the citizen's need for social services. An individual program is a document that indicates the form of social services, types, volume, frequency, conditions, terms for the provision of social services, a list of recommended social service providers, as well as social support activities.

7) ensuring conditions of stay in social service organizations that meet sanitary and hygienic requirements, as well as proper care.

Employees of the relevant institution must provide their clients with living conditions that meet sanitary and hygienic requirements; care, primary health care etc.

8) free visits by legal representatives, lawyers, notaries, representatives of public and (or) other organizations, clergy, as well as relatives and other persons during the day and evening.

In paragraph 11, part 1, art. 12 of the Law, respectively, the obligation of social service providers to provide recipients of social services with the opportunity to freely visit their legal representatives, lawyers, notaries, representatives of public and (or) other organizations, clergy, as well as relatives and other persons in the daytime and evening is fixed.

9) social support in accordance with Article 22 of this Federal Law.

Social support is assistance in the provision of medical, psychological, pedagogical, legal, social assistance that is not related to social services.

If necessary, citizens, including parents, guardians, custodians, other legal representatives of minor children, are assisted in providing medical, psychological, pedagogical, legal, social assistance that is not related to social services.

Social support is carried out by involving organizations providing such assistance on the basis of interagency cooperation in accordance with Article 28 of this Federal Law. Activities for social support are reflected in the individual program.

Corresponding to the right under consideration, the duty of social service providers to provide social support is enshrined in paragraph 7 of part 1 of Art. 12 of this Law.

In turn, recipients of social services are obliged to:

1) provide, in accordance with the regulatory legal acts of the subject of the Russian Federation, information and documents necessary for the provision of social services.

The list of documents required for the provision of social services, in accordance with paragraph 5 of part 2 of Art. 27 of the Law should be covered by the procedure for the provision of social services established by the forms of social services, types of social services. Such a list of documents must contain the documents and information that the recipient of the social service must submit, and the documents that are subject to submission as part of interdepartmental information interaction or are submitted by the recipient of the social service on their own initiative.

2) timely inform social service providers about changes in circumstances that necessitate the provision of social services.

Circumstances that worsen or may worsen the living conditions of a citizen and in the presence of which citizens are recognized as in need of social services are listed in Part 1 of Art. 15 of the Law. The list of such circumstances is open, that is, there may be other circumstances, in addition to those listed in the article, which 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.

3) comply with the terms of the contract for the provision of social services concluded with the provider of social services, including timely and in full pay the cost of the social services provided when they are provided for a fee or a partial fee.

In accordance with Part 2 of Art. 17 of this Law, the essential terms of the contract for the provision of social services are the provisions determined by the individual program, as well as the cost of social services if they are provided for a fee or a partial fee. In case of violation by the recipient of social services of the terms of the contract for the provision of social services concluded with him or his legal representative, the provider of social services under the provisions of paragraph 1 of part 2 of Art. 11 of the Law provides the right to refuse to provide a social service to a recipient of social services.

§3. Forms and types of social services

Chapter 6 of the Federal Law "On the Fundamentals of Social Services for Citizens in the Russian Federation" is devoted to them.

According to article 19 of this law,

"1. Social services are provided to their recipients in the form of social services at home, or in a semi-stationary form, or in a stationary form.

2. Social services in a semi-stationary form are provided to their recipients by a social service organization at a certain time of the day.

3. Social services in a stationary form are provided to their recipients with permanent, temporary (for a period determined by an individual program) or five-day (per week) round-the-clock residence in a social service organization. Recipients of social services in a stationary form are provided with residential premises, as well as premises for the provision of the types of social services provided for in paragraphs 1 - 7 of Article 20 of this Federal Law.

4. When providing social services in a semi-stationary form or in a stationary form, the following must be provided:

1) the possibility of accompanying a recipient of social services when moving around the territory of a social service organization, as well as when using the services provided by such an organization;

2) the possibility for independent movement around the territory of a social service organization, entry, exit and movement within such an organization (including for movement in wheelchairs), for rest in a sitting position, as well as accessible placement of equipment and information carriers;

3) duplication of text messages with voice messages, equipping a social service organization with signs made in Braille, familiarizing them with inscriptions, signs and other text and graphic information on the territory of such an organization, as well as the admission of a sign language interpreter, the admission of guide dogs;

4) duplication of voice information with textual information, inscriptions and (or) light signals, informing about social services provided using Russian sign language (sign language translation), admission of a sign language interpreter;

5) provision of other types of outside assistance.

5. Citizens from among persons released from places of deprivation of liberty, for whom, in accordance with the legislation of the Russian Federation, administrative supervision is established and who have partially or completely lost the ability to self-service, in the absence of medical contraindications and upon their personal application, are accepted for social services in stationary organizations social services with special social services in the manner prescribed by the regulatory legal acts of the constituent entities of the Russian Federation.

6. The issues of admission to inpatient social service organizations and discharge from such organizations of persons suffering from mental disorders are regulated by the legislation of the Russian Federation on psychiatric care. 12 .

Article 20 states that “the following types of social services are provided to recipients of social services, taking into account their individual needs:

1) social and domestic, aimed at supporting the life of recipients of social services in everyday life;

2) socio-medical, aimed at maintaining and preserving the health of recipients of social services by organizing care, assisting in the implementation of recreational activities, systematic monitoring of recipients of social services to identify deviations in their health;

3) socio-psychological, providing assistance in correcting the psychological state of recipients of social services for adaptation in the social environment, including the provision of psychological assistance anonymously using a helpline;

4) socio-pedagogical, aimed at preventing deviations in the behavior and development of the personality of recipients of social services, forming their positive interests (including in the field of leisure), organizing their leisure, helping the family in raising children;

5) social and labor, aimed at providing assistance in employment and in solving other problems related to labor adaptation;

6) 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;

7) services to increase the communication potential of recipients of social services with disabilities, including children with disabilities;

8) urgent social services" 13 .

The next 21 articles define that "urgent social services include:

Providing free hot meals or food packages;

Provision of clothing, footwear and other essentials;

Assistance in obtaining temporary accommodation;

Assistance in obtaining legal assistance in order to protect the rights and legitimate interests of recipients of social services;

Assistance in obtaining emergency psychological assistance with the involvement of psychologists and clergy in this work;

Other urgent social services.

The provision of urgent social services for the purpose of providing emergency assistance is carried out within the time frame determined by the need of the recipient of social services, without drawing up an individual program and without concluding an agreement on the provision of social services. The basis for the provision of urgent social services is the application of the recipient of social services, as well as the receipt from medical, educational or other organizations that are not part of the social service system, information about citizens in need of the provision of urgent social services. Confirmation of the provision of urgent social services is an act on the provision of urgent social services, containing information about the recipient and provider of these services, the types of urgent social services provided, the terms, date and conditions for their provision. The act on the provision of urgent social services is confirmed by the signature of their recipient" 14 .

It is also worth noting that Article 31 of the Law provides for free social services for the following categories of persons:

“Social services in the form of social services at home, in semi-stationary and stationary forms of social services are provided free of charge:

1) minor children;

2) persons who have suffered as a result of emergency situations, armed interethnic (interethnic) conflicts.

Social services in the form of social services at home and in the semi-stationary form of social services are provided free of charge if, as of the date of application, the average per capita income of the recipient of social services, calculated in accordance with the regulatory legal acts of the Russian Federation, is below the limit value or equal to the limit value of the average per capita income for the provision of social services free of charge, established by the law of the subject of the Russian Federation" 15 .

If we compare the forms and types that were prescribed in the Federal Law of 1995 "On the basics of social services for the population in the Russian Federation" 16 with those contained in the new Law, some significant differences can be seen.

Thus, the following were classified as social services by the Law of 1995 (Articles 8-14):

Financial assistance in the form of cash, food,

sanitation and hygiene products, child care products, clothing, footwear and other essentials, fuel, as well as special vehicles, technical means rehabilitation of the disabled and persons in need of outside care;

Social services at home for single citizens and citizens who have partially lost the ability to self-service due to advanced age, illness, disability in the form of social, social and medical services and other assistance;

Social services in stationary institutions of social

services through the provision of social services to citizens who have partially or completely lost the ability to self-service and who need constant outside care;

Temporary shelter for orphans, children left without parental care, neglected minors, children in difficult life situations, citizens without certain place residence and certain occupations, citizens affected by physical or mental violence, natural disasters, as a result of armed and interethnic conflicts, other clients of the social service;

Day stay in social service institutions for elderly and disabled citizens who have retained the ability to self-service and active movement, as well as other persons, including minors, who are in a difficult life situation;

Advisory assistance on issues of social and social and medical support for life, psychological and pedagogical assistance, social and legal protection;

Rehabilitation services, which are assistance in the professional, social, psychological rehabilitation of disabled people, persons with disabilities, juvenile delinquents, other citizens who find themselves in a difficult life situation 17 .

CHAPTER 2. NORMATIVE LEGAL ACTS REGULATING SOCIAL SERVICES

The right to social security is one of the basic socio-economic human rights. It is enshrined in many international documents. This once again emphasizes the importance of this right and consolidates that caring for the elderly, the disabled, children and those who have lost their source of livelihood for reasons beyond their control is recognized as one of the universal values ​​in a modern civilized society.

The provisions of the UN Universal Declaration of Human Rights of 1948, which is the first normative document of a general nature in the field of human rights and freedoms, establish the right of everyone as a member of society to social security. Article 22 of the Declaration states: “Everyone, as a member of society, has the right to social security and to the exercise of the rights necessary for the maintenance of his dignity and for the free development of his personality in the economic, social and cultural fields through national efforts and international cooperation and in according to the structure and resources of each state 18 ".

Article 25 of the Universal Declaration of Human Rights states: “Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing, medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other loss of livelihood due to circumstances beyond his control 19 ".

The right to social security and social services is also contained in the International Covenant on Economic, Social and Cultural Rights of 1966. Article 9 of this international instrument enshrines: “The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance 20 ".

Article 14 of the European Social Charter states the following regarding the right to social services: “In order to ensure the effective exercise of the right to social services, the Parties undertake:

1. to promote activities or the creation of services which, using social work methods, would contribute to the well-being and development of both individuals and groups in society, as well as their adaptation to the social environment;

2. encourage the participation of individuals, as well as voluntary or other organizations, in the establishment and operation of such services 21".

It should be said that the concept of human rights, the rule of law and social justice were developed in the acts of the International Labor Organization on social security.

The ILO Conventions and Recommendations establish the human right to certain types social services (medical care, sanatorium treatment, the rights of disabled people to professional rehabilitation and employment, prosthetic and orthopedic care, the right to medical care, the maintenance of children in children's preschool institutions etc.).

For example, ILO Convention No. 159 is dedicated to the vocational rehabilitation and employment of persons with disabilities. It states that each state party to the Convention considers it a task of vocational rehabilitation to provide a person with a disability with opportunities to obtain, maintain suitable employment and advance in career, thereby contributing to his social integration or reintegration. 22

The International Labor Organization has also adopted the Social Security Minimum Standards Convention 23 . It consists of 15 sections devoted to medical care, various types of benefits, etc. Russia is not yet a party to this convention.

Thus, the right to social services, along with the right to social security and social insurance, are enshrined in the documents of such a significant international organization as the ILO.

After the collapse of the USSR, in connection with the formation of the Commonwealth of Independent States, the member states of the Commonwealth on May 26, 1995. adopted the CIS Convention on Human Rights and Fundamental Freedoms.

Article 16 of this Convention secured the right of a citizen to social services as an independent right:

"1. Everyone has the right to social security, including social insurance for old age, in case of illness, disability, loss of a breadwinner, upbringing of children and in other cases established by national legislation.

2. In order to ensure the effective exercise of the right to social and medical assistance, the Contracting Parties undertake to ensure that any person who does not have sufficient funds and who is unable to obtain such funds through his own efforts or from other sources, in particular through benefits under the social provision, receive the necessary assistance, and in case of illness - the care necessary in his condition.

3. In order to ensure the effective implementation of the right of mothers and children to social and economic protection, the Contracting Parties shall take all appropriate and necessary measures in this direction, including the establishment and maintenance of appropriate institutions or services 24".

Thus, the most important international human rights instruments contain the basic social standards, types of social assistance, and the human right to social security and services is fixed.

Russia must respect international law and its fundamental principles and take into account what is written about rights and freedoms in generally recognized international documents. To build a state of law, it is necessary to focus on international law.

The main and fundamental law of the Russian Federation is the Constitution. It has the highest legal force, direct effect and is applied throughout the Russian Federation.

According to Article 17 of the Constitution, the Russian Federation recognizes and guarantees the rights and freedoms of man and citizen in accordance with the generally recognized principles and norms of international law 25 .

The Constitution of our country contains an important provision that “The generally recognized principles and norms of international law and the international treaties of the Russian Federation are integral part its legal system. If an international treaty of the Russian Federation establishes rules other than those provided for by law, then the rules of the international treaty shall apply. 26 "(clause 4, article 15). This article of the Constitution defines the relationship between international and Russian law, taking into account the supremacy of international law.

The Constitution, along with other important human rights, also refers to the right to social services as an element of social legal status citizen. Therefore, we can argue about the constitutional nature of this right.

Article 7 proclaims Russia a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person. In the Russian Federation, the labor and health of people are protected, a guaranteed minimum size wages provided governmental support families, motherhood, fatherhood and childhood, disabled and elderly citizens, a system of social services is being developed, state pensions, benefits and other guarantees of social protection are being established 27 .

Article 39 of the Basic Law guarantees to everyone social security in old age, in case of illness, disability, loss of a breadwinner, for the upbringing of children and in other cases established by law. State pensions and social benefits are established by law. Voluntary social insurance, creation of additional forms of social security and charity are encouraged 28 .

Article 41 of the Constitution establishes that everyone has the right to health care and medical care. Medical care in state and municipal health care institutions is provided to citizens free of charge at the expense of the relevant budget, insurance premiums, and other revenues. 29 .

However, the Constitution provides only general provisions, which should be developed in various normative acts adopted on its basis.

The main federal laws governing social security in the Russian Federation are as follows:

Federal Law of December 28, 2013 No. 442-FZ “On the Fundamentals of Social Services for Citizens in the Russian Federation” 30 .

This law was adopted on December 28, 2013. And the draft law adopted as this Law was developed in pursuance of the list of instructions of the President of the Russian Federation dated November 27, 2010 No. Pr-3464GS following the results of the presidium meeting State Council Russian Federation on October 25, 2010 and submitted to the State Duma by the Government of the Russian Federation.

The law itself came into force on January 1, 2015 and made significant changes to the system and procedure for the provision of social services.

Such a time interval will allow, according to the legislator, social institutions and services a gradual transition to the innovations provided for in the new law.

From the moment Federal Law No. 442-FZ comes into force, Federal Law No. 122-FZ of August 2, 1995 “On Social Services for Elderly and Disabled Citizens” and Federal Law No. 195-FZ of December 10, 1995 “On Fundamentals of Social Services for the Population in the Russian Federation”.

Since many changes were made to the previous law of 1995, it turned out that further introduction of new changes into it would simply be inappropriate, and it was easier to develop a new one and already perfect in terms of all the adjustments and changes that have taken place in the field of social protection and social services.

Thus, the new Federal Law of December 28, 2013 No. 442-FZ “On the Fundamentals of Social Services for Citizens in the Russian Federation” reflects modern conditions to a greater extent, it already takes into account past accumulated experience.

All this improves the quality of social services provided, thanks to the appearance of this normative act, uniform standards of social services for the population are introduced throughout the Russian Federation.

a) in the Russian Federation, the number of people in need of social services is growing every year: these are disabled people, old people, families with children, people who find themselves in a difficult life situation;

b) the provisions enshrined in the new law will contribute to improving the quality and efficiency of the social services provided and the organization of the social service system in such a way as to help the largest possible number of the population;

c) the draft law provides for the recognition of existing laws as invalid and the formation of a single legislative act regulating relations in the field of social services for the population;

d) the development will take place taking into account the norms of the current legislation and international documents signed by the Russian Federation, taking into account the study of the current practice of implementing the provisions of the laws and based on the experience in this area of ​​foreign states.

The new adopted law establishes:

1) legal, organizational and economic foundations of social services for citizens in the Russian Federation;

2) the powers of the federal state authorities and the powers of the state authorities of the constituent entities of the Russian Federation in the field of social services for citizens;

3) rights and obligations of recipients of social services;

4) rights and obligations of social service providers.

This Federal Law applies to citizens of the Russian Federation, foreign citizens and stateless persons permanently residing in the territory of the Russian Federation, refugees, as well as legal entities, regardless of their organizational and legal form and individual entrepreneurs providing social services to citizens.

Article 2 of Federal Law No. 442-FZ establishes the following: “ Legal regulation social services for citizens are carried out on the basis of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation " 31 .

The law establishes the basic principles of social services, clarifies the basic concepts from the field of social services, defines the forms of social services, types of social services and conditions for their provision, principles of financial support for the activities of social service organizations.

The law defines the list of powers of federal state authorities, the list of powers of state authorities of the constituent entities of the Russian Federation.

Now, according to this document, the provision and refusal of social services is possible only subject to the will of the recipient. A citizen (his legal representative) can apply for the provision of social services directly himself or, at his request, other citizens, state bodies, local governments, public associations as in authorized body state authorities of a constituent entity of the Russian Federation or directly to a social service provider with a written or electronic application for the provision of social services.

The law introduces new concepts of “recipient of social services”, “provider of social services”, “prevention of circumstances that cause the need for social services”, the concept of “social service standard” is set out in new edition(basic requirements for the volume, frequency and quality of the provision of social services), while the standard of social services is an integral part of the procedure for the provision of social services 32 .

This Law does not contain the concept of "difficult life situation", the concept of which was provided for in the previous law of 1995. Instead, Article 15 clearly establishes the circumstances under which citizens are recognized as in need of social services.

The normative act stipulates an individual approach to the establishment of recipients of social services based on the citizen's need for social services. Taking into account the grounds on which the citizen was recognized as needing social services, the state authority authorized to exercise functions in the field of social services of the subject of the Russian Federation determines the individual need for social services and draws up an individual program for the provision of social services.

The law also provides for social support of citizens in the provision of social services, which involves assistance in the provision of medical, psychological, pedagogical, legal, social assistance that is not related to social services, based on interdepartmental interaction of organizations providing such assistance (based on regulations approved by state authorities subjects of the Russian Federation).

The law contains norms providing for the exercise of control (supervision) in the field of social services, including public control. 33

Federal Law of November 24, 1995 No. 181-FZ "On the Social Protection of the Disabled in the Russian Federation" 34 .

This Federal Law defines the state policy in the field of social protection of disabled people in the Russian Federation, the purpose of which is to provide disabled people with equal opportunities with other citizens in exercising civil, economic, political and other rights and freedoms provided for by the Constitution of the Russian Federation, as well as in accordance with generally recognized principles and norms of international law and international treaties of the Russian Federation.

The law provides the concept of "disabled person" - this is a person who has a health disorder with a persistent disorder of body functions, due to diseases, the consequences of injuries or defects, leading to a limitation of life and causing the need for his social protection 35 .

The social protection of disabled people is understood as a system of state-guaranteed economic, legal measures and social support measures that provide disabled people with conditions for overcoming, replacing (compensating) life restrictions and aimed at creating equal opportunities for them to participate in society with other citizens.

Social support for the disabled is understood as a system of measures that provides social guarantees to the disabled, established by laws and other regulatory legal acts, with the exception of pensions.

This law is one of the main legal acts that determine the level of social protection of people with disabilities.

Federal Law of December 21, 1996 No. 159-FZ "On additional guarantees for social support for orphans and children left without parental care" 36 .

This law belongs to the category of normative legal acts that establish the right of certain categories to social security, including social services.

The federal law defines the general principles, content and measures of social support for orphans and children left without parental care, as well as persons from among orphans and children left without parental care.

Additional guarantees for social support for this category of citizens are a set of social measures that provide an opportunity to improve housing conditions, receive additional education, medical care, exercise the right to work, etc.

The law regulates relations arising in connection with the provision and provision by state authorities of additional guarantees for the social protection of the rights of orphans and children left without parental care, as well as persons from among orphans and children left without parental care.

The federal law establishes legal guarantees for the social protection of veterans in the Russian Federation in order to create conditions that provide them with a decent life, active work, honor and respect in society.

It applies to citizens of the Russian Federation, as well as to foreign citizens permanently residing on the territory of the Russian Federation and stateless persons belonging to certain categories of veterans.

The Law "On Veterans" is the first experience of a domestic legislator to bring together the entire array of basic provisions relating to the social support of veterans. Prior to its adoption, a significant number of regulations were in force, various in departmental affiliation, legal force and scope. With the adoption of Law N 5-FZ, a unified legal basis was created for the implementation of the main directions of social policy in the field of veteran support. At the same time, the Law does not disclose in detail the mechanism for providing veterans with social support measures, but only determines the circle of persons to whom the Law applies, and declares their basic rights and guarantees. 38 .

Federal Law No. 124-FZ of July 24, 1998 “On Basic Guarantees of the Rights of the Child in the Russian Federation” 39 .

The federal law establishes the basic guarantees of the rights and legitimate interests of the child, provided for by the Constitution of the Russian Federation, in order to create legal, socio-economic conditions for the realization of the rights and legitimate interests of the child.

At the very beginning of the law, it is emphasized that “The state recognizes childhood as an important stage in a person’s life and proceeds from the principles of prioritizing the preparation of children for a full life in society, the development of socially significant and creative activity in them, the education of high moral qualities, patriotism and citizenship in them. 40".

Along with other fundamental concepts, it contains a definition of the concept of "social services for children". These are organizations, regardless of their organizational and legal forms and forms of ownership, that carry out activities for the social service of children (social support, the provision of social, medical, psychological, pedagogical, legal services and material assistance, the organization of recreation and health improvement, the social rehabilitation of children in in a difficult life situation, ensuring the employment of such children upon reaching working age), as well as citizens who carry out without education legal entity entrepreneurial activities in social services for the population, including children.

In addition to federal laws, by-laws have been adopted and are in force that regulate issues in the field of social services, for example, they include:

Decree of the Government of the Russian Federation of July 10, 1995 N 694 "On the sale of prosthetic and orthopedic products" 41 ;

Decree of the Government of the Russian Federation of July 18, 1996 N 861 “On approval of the Procedure for the upbringing and education of disabled children at home and in non-state educational institutions» 42 ;

Decree of the Government of the Russian Federation of June 8, 1996 N 670 "On approval of the Model Regulations on the establishment of social assistance for persons without a fixed place of residence and occupation" 43 ;

Decree of the Government of the Russian Federation of November 27, 2000 N 896 "On the Approval of Model Regulations on Specialized Institutions for Minors in Need of Social Rehabilitation" 44 ;

Decree of the Government of the Russian Federation of September 25, 2007 N 608 "On the procedure for providing disabled people with services for the translation of Russian sign language (sign language translation, typhlo sign language translation)" 45 ;

Decree of the Government of the Russian Federation of December 30, 2005 N 2347-r “On the federal list of rehabilitation measures, technical means of rehabilitation and services provided to the disabled” (as amended and supplemented, entered into force on January 1, 2015) 46 ;

Decree of the Ministry of Labor of the Russian Federation of March 29, 2002 N 25 "On approval of the Recommendations on the organization of the activities of specialized institutions for minors in need of social rehabilitation" 47 and other acts.

According to paragraph “g” of Article 72 of the Constitution of the Russian Federation, “the coordination of healthcare issues is under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation; protection of the family, motherhood, fatherhood and childhood; social protection, including social security 48".

Thus, the legal regulation of social service relations can be carried out in the regions.

The main goal of such regulation is to increase the degree of social protection of citizens. These acts provide for additional, increased measures of social support for citizens in comparison with federal ones.

The subjects of the Federation can adopt their own regulations, programs of social development of the regions, which take into account the specifics of the region and increase the social security of citizens living in it.

Together with the provisions enshrined in federal legislation, regional regulations establish additional guarantees and principles of social services for citizens of a particular subject, the circle of persons entitled to social services is increased, and additional types of social services are introduced.

Federal Law "On general principles local government organizations in the Russian Federation 49 » refers to the powers of local governments in the field of social security to provide social support and promote employment of the population, and this is directly related to social services.

It is worth saying that the current National Standard of the Russian Federation “Social services for the population 50 . Terms and definitions” is of no small importance for the guarantee of social services by the state.

This standard establishes terms and definitions of concepts in the field of social services for the population. The terms and definitions contained therein include general concepts(for example, social service, social service, difficult life situation, etc.), types of social services, social service institutions and categories of social service clients.

Along with federal and regional, there is municipal and local regulation in the field of social services.

At the present stage of development of the state, when market economy, municipal and local regulations as sources of social security law. The purpose of municipal and local regulations to establish a higher degree of social protection of citizens on municipal level and at the individual organization level. 51

Such regulation may manifest itself in the creation of additional guarantees of social protection, for example, in a particular organization, regardless of its organizational and legal form. When creating a collective agreement, for example, it may provide for various types of social assistance, etc.

In this case, the following methods of regulating relations arising from social services are used: permission, prohibition, positive obligation, recommendations.

However, norms of a recommendatory nature in the field of social services are applied only to bodies providing social services, and not to citizens. And the right-restorative sanction in the regulation of relations in social services is not typical. 52

CHAPTER 3 PROBLEMS AND PROSPECTS OF SOCIAL SERVICES IN THE RUSSIAN FEDERATION

The right to social services is an objective necessity for those citizens who need social services and who find themselves in a difficult life situation.

A fairly large number of people live in Russia who, for various reasons, cannot serve themselves and are limited in their livelihoods.

Statistics report that the health of citizens is deteriorating, there are many aging and disabled people, there is unemployment and low-income population.

The problem of population aging is not only for the Russian Federation, but also for a significant number of countries in the world. One of the trends observed in recent decades in the developed countries of the world is the growth in the absolute number and relative proportion of the population of older people.

Therefore, the state is obliged to assume obligations in order to contribute to the preservation and extension of the full life of each person, to recognize its debt to him and to support his social, labor, educational and creative activity.

To implement the full-scale functions of social assistance, support and social security, the Russian Federation has a system of social protection.

Unfortunately, at the moment in Russia the quality and level of social services are not in the best condition.

Issues of implementation of state policy in social sphere have acquired particular relevance. The transition to a socially oriented policy requires the creation of an effective and developed system for providing social protection to the population. Therefore, social policy is primarily focused on the problems of social security and services for the elderly, support for the disabled and families with children. 53 .

As noted, in our country there is a “trend towards an increase in the number of elderly and disabled people in the population. This is accompanied by a deterioration in their health and limitations in self-care. The need for various types of rehabilitation services is experienced by 80% of disabled elderly and disabled people. More than 30% need constant assistance and social and medical services 54".

In the process of aging of the human body, a person has a risk of acquiring chronic diseases; at any time, medical, rehabilitation assistance, care of another person may be needed.

Older people often have problems not only in the medical field, but also psychological disorders and problems of a social nature. Social problems are associated, as a rule, with a low and even extremely low material standard of living, the inability to buy all the necessary (often expensive) medicines and medical equipment, to apply for a paid medical care etc. And the benefits and benefits provided by the state cannot solve all the material problems of such old needy people.

Psychological problems mainly appear due to the fact that older people who have retired and stopped working begin to experience a lack of communication and a feeling of loneliness, uselessness.

The need for outsiders, including medical care, is several times higher for the elderly than for people of working age. Being alone at home, older people are not always able to cope with health problems on their own. Elderly patients need long-term maintenance therapy and outside care, medical and social assistance.

If we talk about medical and social assistance, then it is a set of measures of a medical, social, psychological, pedagogical, rehabilitation and legal nature, carried out at the state and regional levels and is aimed at meeting the basic needs of a socially vulnerable category of citizens (elderly citizens, as well as people with disabilities). This assistance is provided by stationary institutions, both in the health sector and in the sphere of social services for citizens. It aims to provide therapeutic interventions and care in order to restore and maintain health and self-care abilities.

Currently, along with the concept of medical and social assistance, there is the concept of social and medical assistance. Its tasks are to maintain and improve the health of citizens in need, organize medical and recreational activities, provide medicines, assist in the timely receipt of qualified medical care, as well as solve other social and medical problems. This type of assistance is provided in stationary institutions of social service for elderly citizens - boarding schools for the elderly and disabled. 55

In addition to state institutions and organizations, there are commercial, paid institutions (private boarding houses) for the elderly and disabled people who are in need of medical and social services.

Both in public and private organizations providing medical and social services to needy citizens, all services provided should be aimed at meeting a wide range of needs of their patients: comfortable accommodation, good nutrition, professional medical care, health and rehabilitation procedures, psychological support.

But far from all institutions have sufficient capabilities to meet the needs for medical and social assistance of all citizens who apply. Indeed, the continued growth of the older population increases the burden on health and social services, but the lack financial resources leads to problems in the provision of medical and social assistance to the elderly and the disabled.

There is an inextricable link between the quality of medical services and the level of social services.

Both organizations providing social services and their employees should in every possible way contribute to the improvement of medical care, medical and social assistance, and for this, carry out various activities aimed at the proper functioning of these social organizations.

However, in the literature it is noted that there are negative phenomena occurring in the field of social services: a decrease in the dynamics of development of social service institutions; low quality state of the art this sector; unsatisfactory socio-economic situation of social workers; insufficient financial, logistical, personnel and Information Support activities of social service institutions 56 .

As already mentioned, among the serious reasons why the goal of rehabilitation of disabled people and other people who need it is not always achieved, there are problems of lack of professionalism in the work of medical staff, the lack of development of rehabilitation techniques, and so on. Therefore, for successful rehabilitation, it is necessary to take into account a complex of medical, socio-psychological, professional aspects and personal characteristics of patients.

Also, one of the solutions to the problems of organizing and operating stationary social services for the rehabilitation of the disabled is the optimization of the structure of institutions, the reconstruction of existing buildings and the construction of new buildings. It is necessary to expand new promising types of social service institutions boarding houses of small capacity for elderly citizens and the disabled.

Reforming the system of social services for the population should be aimed at taking measures to overcome the shortage of places in stationary social institutions by moving these institutions from environmentally unfavorable areas and creating acceptable living conditions in them 57 .

Thus, providing affordable medical care for the elderly and disabled is impossible without creating an extensive system of specialized rehabilitation institutions.

And social programs at all levels remain an effective tool for responding to the problems of the elderly population.

So, the state of the social service system is influenced by a combination of various factors. One of the most important reasons is economic. The economic factor is expressed in the lack of funding, sponsoring the social service sector. This, in turn, affects the effectiveness of the provision of social services to the population, leads to the inaccessibility of social services for some categories of citizens. Due to the shortage of funds allocated to this area, there is an outflow of labor, often highly professional, personnel social workers providing relevant services. The equipment and technical equipment of many social service organizations and institutions is also in decline.

One of the important impetuses to change the existing social tension and social reality will be the development and functioning of the system of non-state social services, support and strengthening of the role of trade unions, public funds, charitable organizations, etc.

The role of the subjects of the Federation in improving the social situation cannot be underestimated. For example, they can stimulate charity, independently introduce additional new types of social services that combine elements of traditional types of social services.

If we consider such a category of citizens as the disabled, then they are an extremely vulnerable and fragile social group. There are people with disabilities among the able-bodied population. Social services for disabled people should be significantly improved and improved, because at present there are some serious problems in this area.

To protect and support persons with disabilities, the following measures should be taken:

To increase the volume and quality of prosthetic orthopedic products and other means of rehabilitation of the disabled;

Open new additional institutions that produce products for the disabled;

To make a special re-equipment of places of study for the disabled in educational institutions;

To increase the number of general educational institutions teaching disabled people and persons with limited life activity;

Carry out outreach and outreach activities various means mass media of the features of the provision of social services to this category of citizens, etc.

Judicial practice shows that litigation involving disabled people, the elderly arise due to corruption in the field of social services, a lack of understanding of the specifics of the viability of these people.

The relevance of disputes in this area is not reduced. Modern Russian legislation in the field of social services and the elderly is extremely mobile and needs significant changes and additions.

Another problem related to the enforcement of legislation on social security and social services is confirmed by frequent cases of violation of the rights and legitimate interests of the disabled and the elderly.

Along with other legal proceedings, I studied the ruling of the Primorsky Regional Court dated December 24, 2014 in case N 33-11264 58 . As it turned out, disputes between social institutions providing social services and citizens concluding an agreement with them are not at all rare.

In the proceedings studied by me, the plaintiff (a nursing home for the elderly and disabled) filed a claim for the recovery of damages, amendments to the contract for inpatient services. Since since the conclusion of the contract for inpatient services, the cost of living and pensions has repeatedly changed due to the growth consumer prices, in connection with which a debt was formed, which the defendant (pensioner) refused to repay on a voluntary basis.

As a result, the court satisfied the claim, since it was established that the defendant had violated the terms of the contract for inpatient services.

The court came to the conclusion that in-patient services for the elderly and disabled are paid, and the conclusion of contracts for in-patient services for the elderly and disabled is mandatory by law. The amount of the monthly fee for inpatient services is determined by the institution, taking into account the approved nutritional standards, the standards for providing soft inventory, the level of consumer prices prevailing in the region, tariffs for utility bills and is reviewed no more than once a year.

All of the above problems should not be ignored by society and the state.

It is also important to note the following about the development and prospects of social services in Russia. Modern system social services has evolved over the past decade. Social services have now become an integral part of social security, one of its rapidly developing elements.

At present, in connection with the processes of reorganization of the economic and social life in the country, the law-making of the state in the field of social services for citizens is developing continuously and dynamically.

Important priority areas of state policy in Russia should be: the desire to solve social problems and interests of all segments of the population, preservation and strengthening of the health of the able-bodied population. The socio-economic development of the Russian Federation directly depends on the successful resolution of pressing problems.

Despite the large number of normative legal acts regulating social service relations, it is worth emphasizing that they still do not fully meet the requirements of society and do not meet the tasks that the state has set for itself. Therefore, it is necessary to further actively develop a system for providing assistance to needy citizens to maintain their health and material level.

To help in the further development and improvement of the sphere of social services, of course, can competently drawn up legislation. Social guarantees for all segments of the population should be enshrined in normative acts. Then, ideally, after an indefinite time, a new model of social services for the population will have to be built, which will simultaneously meet the objective needs of Russian society and the financial and economic capabilities of the state.

Previously, social services as an independent part of the state social security system required the development and adoption of a single separate normative act. As noted by legal scholars and political scientists, such an act could be the Code or the Law on the Fundamentals of Social Services for Citizens of the Russian Federation.

Thanks to the adoption of the Federal Law of December 28, 2013 No. 442-FZ "On the basics of social services for citizens in the Russian Federation" 59 , we can say that the legislation of the Russian Federation, which regulates relations in social services, has taken a big step towards further development.

Summing up, it can be noted that a fair idea was expressed in the literature that “the legal norms governing relations for providing citizens with certain types of social services are separate relatively independent legal sub-institutions that have autonomy of functioning, factual and legal homogeneity. legal regulations and external isolation 60".

These sub-institutions in the aggregate can be combined into a general institution of social services. It would unite all independent sub-institutions that have a generic isolation, which consists in the absence of conditionality of the right to receive social services with a certain socially useful activity.

The merger of sub-institutions into a general institution of social services makes it possible to predict the formation in the future of such a sub-sector in the system of social security law as the right to social services 61 .

I believe that the emergence of an independent right to social services would mean significant progress in all social security law and the positive dynamics of its functioning and development. New relevant scientific works and works on this topic, as well as in the literature, there would be interesting disputes and discussions.

CONCLUSION

Social services are one of the types of assistance to those people who, for reasons beyond their control, cannot acquire a source of livelihood on their own. After all, it is the duty of the state to provide comprehensive support to its citizens in difficult situations for them, from which no one is immune.

Since Russia is going through a difficult period in many areas of life, there are crisis phenomena in the economy and politics, this naturally affects ordinary citizens. As a result, many people find themselves in difficult situations from which they are not able to get out on their own.

In the first chapter of the final qualification work, a general concept of social services was given, and the principles of social services, the rights and obligations of recipients of social services, forms and types of social services were considered.

Under the social service of citizens refers to the activity of providing social services to citizens.

Social services are carried out on the principles of equal, free access of citizens to social services; targeted provision of social services; the proximity of social service providers to the place of residence of recipients of social services, the sufficiency of the number of social service providers to meet the needs of citizens in social services, the sufficiency of financial, material, technical, human and information resources of social service providers; preservation of the citizen's stay in the usual favorable environment; voluntariness; privacy.

It was concluded that citizens exercise their subjective right to social services in the state system of social services by entering into social service relations.

Citizens, as subjects of legal relations in social services, also bear certain obligations that are expressly provided for in regulatory legal acts. These duties correspond to the rights of another subject of the legal relationship for social services.

Social services are provided to their recipients in the form of social services at home, or in a semi-stationary form, or in a stationary form.

The study carried out in the second chapter of the work, both international and Russian legislation social services led to the following conclusions.

The 1948 UN Universal Declaration of Human Rights, the 1966 International Covenant on Economic, Social and Cultural Rights, the European Social Charter, the Conventions and Recommendations of the International Labor Organization, the CIS Convention on Human Rights and Fundamental Freedoms and other important international documents establish human rights to social security . This indicates that caring for the elderly, the disabled, the disabled, children and supporting everyone who has lost their source of livelihood for reasons beyond their control is recognized as one of the universal values ​​in a civilized society.

Thus, international legal acts of all levels define the basic social standards, the level and types of social assistance.

The right to social services is an element of the social and legal status of citizens, enshrined in the Constitution of the Russian Federation. The elements of the legal status of a citizen also include a set of rights, freedoms, duties and legitimate interests of the individual, recognized and guaranteed by the state.

Special categories of citizens (elderly people, disabled people, orphans), on the basis of a general legal status, can have a special status that provides them with additional rights, various benefits that are enshrined in legislation.

The right to social services can be considered as a constitutional right of citizens, based on the fact that it is an integral part of social security.

Social services in the Russian Federation are carried out both in the order of compulsory social insurance and at the expense of direct appropriations from the state and regional budgets.

The state at the legislative level defined social standards for the provision of social services and types of social services.

The norms of legislation on social services are in force at the federal, regional, municipal and local levels.

Considerable attention was paid to the new Federal Law No. 442-FZ “On the Fundamentals of Social Services for Citizens in the Russian Federation”: the reasons for its adoption, novelties introduced by it and changes in the field of social services for the population.

A small comparative analysis with the previously valid Federal Law of August 2, 1995 No. 122-FZ “On social services for the elderly and the disabled”.

The last chapter of the work explored the problems of social services in Russia, their causes, as well as prospects for further development.

It was noted that in developed countries there is a trend towards an increase in the absolute number and relative proportion of older people in the population.

One of the most vulnerable and unprotected categories of the population, and also quite numerous, are the elderly and the disabled. For objective reasons, they cannot provide themselves with proper material support and cannot take care of themselves, and therefore they need help from the state.

The main task of the state in relation to this social group is their material support (pensions, allowances, etc.), providing them with social assistance.

However, there are serious problems regarding social services. Thus, the continuing growth of the elderly population increases the burden on the health and social services, and the lack of funds leads to problems in the provision of medical and social assistance.

There is a problem expressed in the insufficiently high payment of social service workers and the lack of proper professionalism among many of them; unsatisfactory financial, logistical, personnel and information support for the activities of social service institutions.

The development and adoption of the Federal Law of December 28, 2013 No. 442-FZ “On the Fundamentals of Social Services for Citizens in the Russian Federation” made it possible to make a breakthrough on the way to an effective and productive existence and functioning of the entire system of social services.

As mentioned above, the regions can directly influence the successful development of social services by adopting regulatory legal acts on the issues of social services for their population, as well as by introducing additional types and guarantees of social services.

If the legal norms governing the provision of citizens with certain types of social services are combined into a general institution of social services, it is even possible to form in the future such a sub-branch in the system of social security law as the right to social services.

I would like to summarize and say that in the process of writing thesis I have studied not only general concepts in the law of social services (such as principles, types, forms of social services, the concept of rights and obligations of recipients of social services, etc.), but also touched upon current problems that exist in the field of providing social services to the population.

The most important normative acts regulating the provision of social services and the prospects for the development of legislation in this area were characterized. At the same time, the judicial practice on the provision of social services was studied and some problems and issues faced by both citizens, recipients of these services, and various social organizations and services that provide them, were identified.

Thus, I believe that the topic of the legal foundations of social services in the Russian Federation was disclosed in this final qualification work.

BIBLIOGRAPHICAL LIST:

Regulatory documents:

1. The Constitution of the Russian Federation: taking into account the amendments made by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of December 30, 2008 N 6-FKZ, of December 30, 2008 N 7-FKZ, of February 5, 2014 N 2-FKZ, of July 21, 2014 N 11-FKZ. // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

2. The Universal Declaration of Human Rights (adopted by the UN General Assembly on 12/10/1948) // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

3. International pact of 12/16/1966 "On economic, social and cultural rights" // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

4. European Social Charter (revised) (adopted in Strasbourg on 05/03/1996) // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

5. Convention N 159 of the International Labor Organization "On the vocational rehabilitation and employment of persons with disabilities" [Russian, English] (Concluded in Geneva on 06/20/1983) // Consultant Plus: reference and legal system - Version Prof.-M., 2015 .

6. Convention of the International Labor Organization N 102 “On the minimum standards of social security” (Geneva, June 28, 1952) // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

7. Convention of the Commonwealth of Independent States on Human Rights and Fundamental Freedoms (Minsk, May 26, 1995) // Consultant Plus: Reference and Legal System - Version Prof.-M., 2015.

8. Federal Law No. 442-FZ of December 28, 2013 (as amended on July 21, 2014) “On the Fundamentals of Social Services for Citizens in the Russian Federation”. // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

9. Federal Law No. 131-FZ of October 6, 2003 (as amended on March 30, 2015) “On the General Principles of Organizing Local Self-Government in the Russian Federation.” // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

10. Federal Law No. 159-FZ of December 21, 1996 (as amended on December 31, 2014) “On Additional Guarantees for Social Support for Orphans and Children Left without Parental Care.” // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

11. Federal Law No. 5-FZ of January 12, 1995 (as amended on December 22, 2014, as amended on April 6, 2015) “On Veterans.” // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

12. Federal Law No. 181-FZ of November 24, 1995 (as amended on July 21, 2014, as amended on April 6, 2015) “On the Social Protection of Persons with Disabilities in the Russian Federation.” // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

13. Federal Law of December 10, 1995 N 195-FZ (as amended on July 21, 2014) “On the basics of social services for the population in the Russian Federation” // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

14. Decree of the Government of the Russian Federation of July 10, 1995 N 694 "On the sale of prosthetic and orthopedic products" // Garant: reference and legal system - M., 2015.

15. Decree of the Government of the Russian Federation of July 18, 1996 N 861 “On approval of the Procedure for the upbringing and education of disabled children at home and in non-state educational institutions” // Garant: reference and legal system - M., 2015.

16. Decree of the Government of the Russian Federation of June 8, 1996 N 670 “On Approval of the Model Regulations on the Establishment of Social Assistance for Persons without a Fixed Place of Residence and Occupation” // Garant: Reference and Legal System - M., 2015.

17. Decree of the Government of the Russian Federation of November 27, 2000 N 896 “On the Approval of Model Regulations on Specialized Institutions for Minors in Need of Social Rehabilitation” // Garant: Reference and Legal System - M., 2015.

18. Decree of the Government of the Russian Federation of September 25, 2007 N 608 “On the procedure for providing disabled people with services for the translation of Russian sign language (sign language translation, sign language translation)” // Garant: reference and legal system - M., 2015.

19. Decree of the Government of the Russian Federation of December 30, 2005 N 2347-r “On the federal list of rehabilitation measures, technical means of rehabilitation and services provided to the disabled” (as amended and supplemented, entered into force on 01/01/2015) // Garant: reference and legal system - M., 2015.

20. Decree of the Ministry of Labor of the Russian Federation of March 29, 2002 N 25 “On approval of the Recommendations on the organization of the activities of specialized institutions for minors in need of social rehabilitation” // Garant: reference and legal system - M., 2015.

21. GOST R 52495-2005. “National standard of the Russian Federation. Social service of the population. Terms and definitions // M., Standartinform, 2006.

Literature:

1. Social security law in Russia: Textbook / Ed. K.N. Gusov. - M.: Prospekt, 2010. - 635 p.

2. Social security law in Russia: Textbook / Ed. E.G. Tuchkova. - M.: Prospekt, 2014. - 526 p.

3. Social security law: Textbook for bachelors / E. E. Machulskaya. - M.: Yurayt, 2014. 587 p.

4. Blagodir A.L. Legal regulation of social services for citizens: author. dis. cand. legal Sciences: 12.00.05 / A.L. Blagodir. M., 2002. 30 p.

5. Borisov A.N. Commentary to the Federal Law of December 28, 2013 No. 442-FZ “On the Basics of Social Services for Citizens in the Russian Federation” (item-by-article) // Garant: Reference and Legal System - M., 2014.

6. Slobtsov I.A., Shashkova O.V., Shashmurina N.V. Commentary on the Federal Law of January 12, 1995 N 5-FZ "On Veterans" // Garant: Reference and Legal System, 2014.

7. Kiryanova T.P., Kozlova M.V. Social services for elderly citizens in the Russian Federation: organization and control by the state // Bulletin of Roszdravnadzor, No. 1. - 2011. - p. 12-16.

8. Kosenko O.Yu. Regional features of the functioning of the system of social protection of elderly citizens: state and problems // Economic Bulletin of the Rostov State University, no. 1-2. - 2010. - p. 174-179.

9. Novokreshenova I.G., Chunakova V.V. Organization of medical and social services for elderly citizens // CyberLeninka - scientific digital library- M., 2015.

10. Chernova G.I., Svintsov A.A., Chernyakina T.S., Rad'kova E.A. Analysis of the socio-demographic characteristics of elderly citizens and disabled people living in stationary institutions of social services for the population of the Russian Federation // Scientific Bulletin of the Belgorod State University, No. 10-1. - 2012. - p. 181-186.

Arbitrage practice:

Determination of the Primorsky Regional Court of December 24, 2014 in case N 33-11264 // Consultant Plus: reference and legal system http://www.consultant.ru/

Internet resources:

http://www.garant.ru/ - "Garant" - information and legal system;

http://cyberleninka.ru/ - "KiberLeninka" - scientific electronic library;

http://www.consultant.ru/ "Consultant" - information and legal system.

Application No. 1

PRIMORSKY REGIONAL COURT

DEFINITION

Referee: Borshchenko T.A.

Judicial Collegium for Civil Cases of the Primorsky Regional Court consisting of:

presiding judge Kadkin A.A.,

judges Vazhenina N.S., Marchenko O.S.,

with secretary M.,

considered in open court a civil case at the suit of the Regional State autonomous institution social services (KGAUSO) "Sedankinsky boarding school for the elderly and disabled" to Sh. for the recovery of damages, amendments to the contract for inpatient services, on the defendant's appeal

to the decision of the Soviet district court of the city of Vladivostok dated June 18, 2014, by which the stated requirements were satisfied.

After hearing the report of judge A.A.

installed:

KGAUSO "Sedansk home - boarding school for the elderly and disabled" filed a lawsuit against Sh., indicating that on March 12, 2008 with Sh. signed an agreement N 24/08 "On inpatient care for the elderly and disabled", which indicates the amount of monthly fees for inpatient services - amounting to 2243.67 rubles. On the same day, the defendant was accepted for inpatient care in a boarding school for veterans. Since the conclusion said agreement the size of the cost of living and pensions has repeatedly changed due to the growth of consumer prices, in connection with this, additional agreements were drawn up to the contract on increasing the monthly fee. For the period from April 1, 2012 to April 1, 2014, Sh. inpatient service in the institution in the amount of 89270.60 rubles. The defendant voluntarily refuses to repay the debt.

KGAUSO "Sedansk home - boarding school for the elderly and disabled" asked to recover from Sh. losses on inpatient services for the period from April 1, 2012 to April 1, 2014 in the amount of 89270.60 rubles, to amend paragraph 2.4 of the agreement on inpatient services for citizens elderly and disabled people of March 12, 2008 N 28/08, setting it out as follows: “The specific amount of the monthly fee for inpatient services (75% of the amount of the labor pension of a pensioner or disabled person) paid by the customer is 6936.00 rubles; collect expenses incurred to pay the state fee in the amount of 2878, 12 RUB.

The representative of the plaintiff supported the stated requirements.

Defendant Sh. did not recognize the claim.

The court made a decision by which it amended clause 2.1 of the agreement on inpatient services for elderly and disabled citizens dated March 12, 2008 N 28/08, setting it out as follows: "The specific amount of the monthly fee for inpatient services (75% of the amount of the pensioner's labor pension or a disabled person), contributed by the customer, is 6936 rubles.

He recovered from Sh. in favor of the Regional State Autonomous Institution of Social Services "Sedankinsky Boarding Home for the Elderly and Disabled" losses on inpatient services for the period from April 1, 2012 to April 1, 2014, in the amount of 89,270.60 rubles. and expenses incurred to pay the state fee in the amount of 2878, 12 RUB.

In the appeal, Sh. asks for the decision to cancel as unlawful and unfounded.

Having checked the correctness of the application by the court of first instance of the norms of substantive and procedural law, having studied the materials of the case and discussed the arguments set forth in the appeal, the panel of judges believes that the decision should be left unchanged.

In accordance with Article 15 of the Federal Law "On the Fundamentals of Social Services for the Population in the Russian Federation", social services are provided by social services free of charge and for a fee.

Paid social services in the state system of social services are provided in the manner established by the state authorities of the constituent entities of the Russian Federation.

The grounds for free social services in the state system of social services are established by Article 16 of the Law.

Article 24 of the Federal Law "On Social Services for Elderly Citizens and the Disabled" provides that the procedure and conditions for the provision of free home, semi-stationary and stationary social services, as well as on terms of full or partial payment, are established by the executive authorities of the constituent entities of the Russian Federation.

Thus, the Federal Law provides for the right of the constituent entities of the Russian Federation to independently determine measures of social support for elderly citizens and the disabled, and provides for the possibility of establishing a procedure for the provision of inpatient social services on the terms of its full payment.

On the basis of the above federal laws, by the Decree of the Governor of Primorsky Krai N 46-pg of February 18, 2005, the "Procedure and conditions for the provision of free, as well as on terms of full or partial payment, home-based, semi-stationary and stationary social services on the territory of Primorsky Krai" were approved.

By virtue of paragraph 3.1 specified order, inpatient services for elderly and disabled citizens by state stationary social service institutions are carried out for a fee, which is paid monthly. The amount of payment for inpatient care is not more than 75 percent of the pension of a pensioner or disabled person living in an inpatient facility.

Clause 3.2 stipulates that the payment for inpatient care and social services provided by stationary social service institutions cannot exceed their cost.

Clause 3.3 provides that inpatient care and the provision of social services are carried out on the basis of contracts concluded between state social service institutions and citizens, in accordance with the Civil Code of the Russian Federation and the legislation on social services.

It follows from the materials of the case that on March 12, 2008, between Sh. and the Main Investigative Directorate of the SSZN Sedanka boarding school for veterans, an agreement was concluded on inpatient services for the elderly and disabled.

Clause 2.1 of the specified agreement establishes the amount of the monthly fee for inpatient services, namely 75% of the amount of the labor pension and amounts to 2243.67 rubles.

The contract provides for the right of the contractor to change the payment stipulated by the contract in the event of a change in the amount of the pension received by the customer (clause 2.4).

June 1, 2010, July 1, 2010, April 1, 2011, April 1, 2012 Sh. additional agreements Sh. refused, the relevant acts were drawn up.

The debt on payment of social services for the period from April 1, 2012 to April 1, 2014 is 89,270.60 rubles.

Taking into account the provisions of these rules of law, the court came to the correct conclusion that inpatient care for elderly citizens and disabled people is carried out for a fee, and the conclusion of contracts for inpatient care for elderly citizens and disabled people is mandatory by law. The amount of the monthly fee for inpatient services is determined by the institution, taking into account the approved nutritional standards, the standards for providing soft inventory, the level of consumer prices prevailing in the region, tariffs for utility bills and is reviewed no more than once a year.

The court also correctly amended clause 2.1 of the agreement on inpatient services for elderly and disabled citizens dated March 12, 2008 N 18/08, pointed out the need to state in the following wording "The specific amount of the monthly fee for inpatient services (75% of the amount of the pensioner's labor pension or a disabled person) paid by the customer is 6936 rubles, since this fee does not exceed the cost of inpatient services and social services.

He rightfully recovered from Sh. in favor of the plaintiff losses for inpatient services for the period from April 1, 2012 to April 1, 2014, in the amount of 89,270.60 rubles. The calculation of the recovered damages is not disputed.

The arguments of the complaint that the defendant refused part of the social services (meals in the canteen "SDIPI") cannot serve as a basis for canceling the decision, since the law provides for the provision of inpatient services for an appropriate fee.

In accordance with Article 98 of the Code of Civil Procedure of the Russian Federation, the court rightfully recovered from the defendant the expenses of the plaintiff for paying the state fee, the amount of which was documented.

There are no grounds for setting aside the court's decision on the grounds of the appeal.

Guided by Articles 328, 329 of the Code of Civil Procedure of the Russian Federation, the Judicial Board

determined:

the decision of the Soviet District Court of the city of Vladivostok dated June 18, 2014 upheld, the appeal was dismissed.

2 The Constitution of the Russian Federation: taking into account the amendments made by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of December 30, 2008 N 6-FKZ, of December 30, 2008 N 7-FKZ, of February 5, 2014 N 2-FKZ, of July 21, 2014 N 11 -FKZ. // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

3 Federal Law No. 442-FZ of December 28, 2013 (as amended on July 21, 2014) “On the Fundamentals of Social Services for Citizens in the Russian Federation”. // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

4 Federal Law No. 159-FZ of December 21, 1996 (as amended on December 31, 2014) “On Additional Guarantees for Social Support for Orphans and Children Left Without Parental Care”. // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

5 Federal Law of January 12, 1995 N 5-FZ (as amended on December 22, 2014, as amended on April 6, 2015) “On Veterans” // Consultant Plus: Reference and Legal System - Version Prof.-M., 2015.

6 Federal Law No. 181-FZ of November 24, 1995 (as amended on July 21, 2014, as amended on April 6, 2015) “On the Social Protection of Persons with Disabilities in the Russian Federation”. // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

7 Federal Law No. 442-FZ of December 28, 2013 (as amended on July 21, 2014) “On the Fundamentals of Social Services for Citizens in the Russian Federation”. // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

8 Federal Law No. 442-FZ of December 28, 2013 (as amended on July 21, 2014) “On the Fundamentals of Social Services for Citizens in the Russian Federation”. // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

9 Social security law: Textbook for bachelors / E.E. Machulskaya. - M.: Yurayt, 2014. S. 449.

10 Federal Law No. 442-FZ of December 28, 2013 (as amended on July 21, 2014) “On the Fundamentals of Social Services for Citizens in the Russian Federation”. // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

11 Federal Law No. 442-FZ of December 28, 2013 (as amended on July 21, 2014) “On the Fundamentals of Social Services for Citizens in the Russian Federation”. // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

12 Federal Law No. 442-FZ of December 28, 2013 (as amended on July 21, 2014) “On the Fundamentals of Social Services for Citizens in the Russian Federation”. // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

13 Federal Law No. 442-FZ of December 28, 2013 (as amended on July 21, 2014) “On the Fundamentals of Social Services for Citizens in the Russian Federation”. // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

14 Federal Law No. 442-FZ of December 28, 2013 (as amended on July 21, 2014) “On the Fundamentals of Social Services for Citizens in the Russian Federation”. // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

15 Ibid.

16 Federal Law of December 10, 1995 N 195-FZ (as amended on July 21, 2014) “On the basics of social services for the population in the Russian Federation” // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

17 Social Security Law of Russia: Textbook. / Rev. ed. E.G. Tuchkov. - M.: Prospekt Publishing House, 2014. p. 489-490.

18 Universal Declaration of Human Rights (adopted by the UN General Assembly on 12/10/1948) // Consultant Plus: Reference and Legal System - Version Prof.-M., 2015.

19 Universal Declaration of Human Rights (adopted by the UN General Assembly on 12/10/1948) // Consultant Plus: Reference and Legal System - Version Prof.-M., 2015.

20 International pact dated 12/16/1966 "On economic, social and cultural rights" // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

21 European Social Charter (revised) (adopted in Strasbourg on 03.05.1996) // Consultant Plus: legal reference system - Prof.-M. Version, 2015.

22 Convention N 159 of the International Labor Organization "On the vocational rehabilitation and employment of persons with disabilities" [Russian, English] (Concluded in Geneva on 06/20/1983) // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

23 Convention of the International Labor Organization N 102 “On the minimum standards of social security” (Geneva, June 28, 1952) // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

24 Convention of the Commonwealth of Independent States on Human Rights and Fundamental Freedoms (Minsk, May 26, 1995) // Consultant Plus: Reference and Legal System - Version Prof.-M., 2015.

25 The Constitution of the Russian Federation: taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of December 30, 2008 N 6-FKZ, of December 30, 2008 N 7-FKZ, of February 5, 2014 N 2-FKZ, of July 21, 2014 N 11 -FKZ. // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

26 The Constitution of the Russian Federation: taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of December 30, 2008 N 6-FKZ, of December 30, 2008 N 7-FKZ, of February 5, 2014 N 2-FKZ, of July 21, 2014 N 11 -FKZ. // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

27 Ibid.

28 Ibid.

29 The Constitution of the Russian Federation: taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of December 30, 2008 N 6-FKZ, of December 30, 2008 N 7-FKZ, of February 5, 2014 N 2-FKZ, of July 21, 2014 N 11 -FKZ. // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

30 Federal Law No. 442-FZ of December 28, 2013 (as amended on July 21, 2014) “On the Fundamentals of Social Services for Citizens in the Russian Federation”. // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

31 Federal Law No. 442-FZ of December 28, 2013 (as amended on July 21, 2014) “On the Fundamentals of Social Services for Citizens in the Russian Federation”. // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

32 Borisov A.N. Commentary to the Federal Law of December 28, 2013 N 442-FZ "On the basics of social services for citizens in the Russian Federation" (item-by-article) // Garant: reference and legal system - M., 2014.

33 See: ibid.

34 Federal Law No. 181-FZ of November 24, 1995 (as amended on July 21, 2014, as amended on April 6, 2015) “On the Social Protection of Persons with Disabilities in the Russian Federation.” // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

35 Federal Law No. 181-FZ of November 24, 1995 (as amended on July 21, 2014, as amended on April 6, 2015) “On the Social Protection of Persons with Disabilities in the Russian Federation.” // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

36 Federal Law No. 159-FZ of December 21, 1996 (as amended on December 31, 2014) “On Additional Guarantees for Social Support for Orphans and Children Left Without Parental Care.” // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

37 Federal Law No. 5-FZ of January 12, 1995 (as amended on December 22, 2014, as amended on April 6, 2015) “On Veterans.” // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

38 Slobtsov I.A., Shashkova O.V., Shashmurina N.V. Commentary on the Federal Law of January 12, 1995 N 5-FZ "On Veterans". // Garant: legal reference system, 2014.

39 Federal Law No. 159-FZ of December 21, 1996 (as amended on December 31, 2014) “On Additional Guarantees for Social Support for Orphans and Children Left Without Parental Care.” // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

40 Ibid.

41 Decree of the Government of the Russian Federation of July 10, 1995 N 694 “On the sale of prosthetic and orthopedic products” // Garant: reference and legal system - M., 2015.

42 Decree of the Government of the Russian Federation of July 18, 1996 N 861 “On approval of the Procedure for the upbringing and education of disabled children at home and in non-state educational institutions” // Garant: reference and legal system - M., 2015.

43 Decree of the Government of the Russian Federation of June 8, 1996 N 670 “On Approval of the Model Regulations on the Establishment of Social Assistance for Persons without a Fixed Place of Residence and Occupation” // Garant: Reference and Legal System - M., 2015.

44 Decree of the Government of the Russian Federation of November 27, 2000 N 896 “On the Approval of Model Regulations on Specialized Institutions for Minors in Need of Social Rehabilitation” // Garant: Reference and Legal System - M., 2015.

45 Decree of the Government of the Russian Federation of September 25, 2007 N 608 “On the procedure for providing disabled people with services for the translation of Russian sign language (sign language translation, sign language translation)” // Garant: reference and legal system - M., 2015.

46 Decree of the Government of the Russian Federation of December 30, 2005 N 2347-r “On the federal list of rehabilitation measures, technical means of rehabilitation and services provided to the disabled” (as amended and supplemented, entered into force on 01.01.2015) // Garant: for reference -legal system - M., 2015.

47 Decree of the Ministry of Labor of the Russian Federation of March 29, 2002 N 25 “On approval of the Recommendations on the organization of the activities of specialized institutions for minors in need of social rehabilitation” // Garant: reference and legal system - M., 2015.

48 The Constitution of the Russian Federation: taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of December 30, 2008 N 6-FKZ, of December 30, 2008 N 7-FKZ, of February 5, 2014 N 2-FKZ, of July 21, 2014 N 11 -FKZ. // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

49 Federal Law No. 131-FZ of October 6, 2003 (as amended on March 30, 2015) “On the General Principles of Organizing Local Self-Government in the Russian Federation.” // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

50 GOST R 52495-2005. “National standard of the Russian Federation. Social service of the population. Terms and definitions // M., Standartinform, 2006.

51 Social Security Law of Russia: Textbook / Ed. ed. E.G. Tuchkov. - M.: Prospekt, 2014. p. 109.

52 Blagodir, A.L. Legal regulation of social services for citizens: author. dis. cand. legal Sciences: 12.00.05 / A.L. Blagodir. M., 2002. p. 21.

53 Kiryanova T.P., Kozlova M.V. Social services for elderly citizens in the Russian Federation: organization and control by the state // Bulletin of Roszdravnadzor, No. 1. - 2011. p. 13.

54 Chernova G.I., Svintsov A.A., Chernyakina T.S., Rad'kova E.A. Analysis of the socio-demographic characteristics of elderly citizens and disabled people living in stationary institutions of social services for the population of the Russian Federation // Scientific Bulletin of the Belgorod State University, No. 10-1. - 2012. p. 181.

55 Novokreshenova I.G., Chunakova V.V. Organization of medical and social services for elderly citizens // CyberLeninka - scientific electronic library - M., 2015.

56 Kosenko O.Yu. Regional features of the functioning of the system of social protection of elderly citizens: state and problems // Economic Bulletin of the Rostov State University, no. 1-2. - 2010. p. 179.

57 Russian Social Security Law: Textbook / Ed. K.N. Gusov. - M.: Prospekt, 2010. - S. 454.

58 Determination of the Primorsky Regional Court dated December 24, 2014 in case No. 33-11264 // Consultant Plus: Reference and Legal System - Version Prof.-M., 2015.

59 Federal Law No. 442-FZ of December 28, 2013 (as amended on July 21, 2014) “On the Fundamentals of Social Services for Citizens in the Russian Federation”. // Consultant Plus: reference and legal system - Version Prof.-M., 2015.

60 Blagodir, A.L. Legal regulation of social services for citizens: author. dis. cand. legal Sciences: 12.00.05 / A.L. Blagodir. M., 2002. p. 21-22.

61 Ibid.: p. 8.

Social services are an objective need of citizens who find themselves in a difficult life situation. However, at present the level of efficiency of social services is not high enough. This is due to various factors, among which, first of all, economic. It is expressed in the lack of funding for the sphere of social services, which leads to the low quality of social services, their inaccessibility, the shortage of personnel for social workers, and poor material and technical equipment of social service institutions.

There are many problems in the field of social services for pensioners:

On the one hand, paid social services are slowly developing, and on the other hand, there is a danger of absolutization paid services, compared with the volume of paid services, the share of free services is declining;

The problem of the queue for obtaining places in institutions remains acute (about 12 thousand people need social services in a hospital and about 100 thousand people in non-stationary conditions);

The network of hospices, including home hospices, is underdeveloped;

The problem of financing institutions and services of social services is topical. At the same time, in the near future, the demand for social services by older citizens, primarily for objective reasons, will increase;

The work of existing social service institutions needs to be significantly improved, replenished with specialists, improved legal and improved material and technical base;

The problem of retraining and advanced training of specialists and service personnel in new type social service institutions requires due attention.

To improve the social status of pensioners living in stationary social service institutions, it is planned to build and reconstruct these institutions. Gerontological centers, boarding houses of a general type, subject to re-profiling into gerontological centers, geriatric psychiatric centers, as well as stationary institutions, were selected as key objects.

Another obvious problem that complicates the interaction between the state and society in working with older people is the lack of information. For more successful activities of social protection authorities, it would be advisable to have a database of public organizations working with older people and operating on the territory of their municipalities. The consistency and availability of this information at the regional and federal levels will improve intersectoral interaction, enrich public services with new ideas and approaches, and give public organizations the opportunity to disseminate their successful experience.

The next factor hindering the successful development of the institution of social services is the imperfection of the legislation, its inconsistency and fragmentation, duplication of some acts by others. Often, there are no clearly defined concepts of a particular type of social service. This creates difficulties in studying and law enforcement practice.

In Russian society, a large number of people with signs of disability. It is no secret that in recent years the country has been experiencing a deterioration in the health of the nation, an aging society, unemployment, and low income.

Obviously, in the area under consideration, solutions require problems in two main areas: in the field of socio-economic development and legislative regulation.

To address many issues, measures are needed to reform social services. In particular, it is necessary to move to a funded system in the field of social services - social insurance, when citizens, through personal contributions to the fund being formed, will be able to receive social services when they find themselves in a difficult life situation.

A measure that can change the financial situation is the creation of a state off-budget fund for social services, which will allow to concentrate the available revenues (tax and other), and in the future to spend them exclusively in the field of social services.

The next step could be the development of a non-state system of social services, in particular, strengthening the role of public organizations (trade unions, religious organizations, public funds, charitable organizations, etc.).

Reforming the sphere of social services, it is also necessary to pursue a policy of regional alignment in order to form an equal level of social services throughout the country. However, it is important here to avoid an egalitarian approach and apply individual measures to different regions.

One of the measures to improve the situation in the field of social services is to provide regions with the opportunity to search for additional non-standard solutions, for example, stimulating charitable activities, the development of non-traditional types of social services, such as a sanatorium at home or a social service facility on wheels.

In the field of protection of persons with disabilities, one of the most vulnerable categories, it is necessary:

Increasing the volume and quality of manufactured prosthetic and orthopedic products, rehabilitation facilities;

Increasing the number of institutions specializing in such production;

Equipping places for training disabled people in general educational institutions, expanding the network of specialized educational institutions.

As part of the improvement of legislation, it is necessary to adopt a codified act at the level of law that regulates the main issues in the field of social services. This will streamline and systematize the existing legislation on social services.

In further work with legislative framework what matters is the expansion of the subject composition of those in need, the departure from the concept of social services, as an institution that regulates the relations of a narrow circle of subjects, only the elderly, the disabled and the low-income.

T. A. Kupriyanova

problems of social services for elderly citizens

The increase in life expectancy is one of the main achievements of mankind, a global process that is just beginning to “gain momentum”. The share of elderly and senile people in total strength Russia's population has grown significantly in recent years and today is 26%1. The slowdown in population growth against the backdrop of population aging and increasing life expectancy is putting pressure on the health and social sectors. The economic and social consequences of this have been discussed in scientific and political circles for decades. The catastrophic aging of the population looks mostly in the presentation of politically engaged authors. The true consequences of population aging are not as ominous as they seem. The able-bodied population has always served and provided for itself, and children, and the elderly. According to demographers, "the burden per able-bodied worker is now ideal - the smallest since 1950"2. It is necessary to rethink this social problem and the deputies, and the Ministry of Social Development, and the Ministry of Finance and begin to solve this global problem in a complex, taking into account the interests of all categories of citizens.

The mechanism of social protection of the elderly is implemented at the state (federal) and regional (local) levels. At the state level, social protection ensures the guaranteed provision of statutory pensions, services and benefits in accordance with established monetary and social standards. At the regional level, taking into account local conditions and opportunities, issues of an additional increase in the level of support above the state level are being addressed.

Development of social services for the elderly

In the Russian Federation, social services as a production sector were constituted relatively recently, although social services were provided to certain groups of citizens earlier. Until 1987, the system of social services for the elderly in our country was represented only by the Houses of Veterans and the Disabled. The relevance of the problems associated with the need for development new system social services, in the 1980-1990s. was predetermined by the poor quality of service in these institutions, their small number and the absence of any alternatives to them.

The legal framework for organizing social services for elderly citizens at home began to take shape in our country in the early 1990s. The main provisions for the development of new services are enshrined in the Federal Laws “On the Fundamentals of Social Services for the Population in the Russian Federation” dated December 10, 1995 No. 95-FZ and Federal Law No. 122 dated August 05, 1995 (as amended in 2004) and “On Social Services elderly and disabled citizens. Everywhere they began to open departments of social service at home, which were subsequently reorganized into social service institutions

© T. A. Kupriyanova, 2009

elderly and disabled citizens. On the basis of order No. 7 of 01/27/1988 of the Novgorod Regional Department of Social Welfare in the city of Chudovo, the first department of social services at home was created under the social welfare department of the district administration.

The creation and development of a system of social service institutions at home could provide new forms of social protection for the poor and the elderly. Institutions of social service at home partially smoothed over the shock of perestroika reforms. But even now a large number of Russians continue to be in a difficult life situation (morally and financially). Modern living conditions, especially in the outback, "do not provide social security and protection from the consequences of short-sighted social reforms"3. The situation is changing slowly, the events of the autumn of 2008 have further exacerbated social tension, so there is a rejection of the reforms themselves by middle-aged and elderly people. For many older people, “a pessimistic perception of the present leads to an idealization (sometimes not justified) of the past and disbelief in the future”4. The hopes of many for quick and successful reforms have long vanished, and the level of pensions designed to provide not only a living wage, but also a decent old age, leaves much to be desired. “The liberal-monetarist policy of the Russian governments, which, despite tactical fluctuations, has remained fundamentally unchanged since 1992, does not meet the needs of Russian society. It needs to be replaced by a development policy and a significant real, not declarative, increase in the living standards of the population.”5

The irrational system of benefits exacerbates the problem of social stratification even more. Often, targeted assistance is used as a means of stimulating the activity of voters. This reduces people's trust in the state as an institution of power. A paradoxical situation has developed in the country: the proportion of the elderly in the structure of the population continues to increase, and measures to prevent and neutralize the negative consequences of this are actually not being taken. In our country, there are no scientifically developed methods of psychophysical adaptation work with such a diverse category of citizens as the elderly. The growing number of elderly people requires the formation of new targeted programs, the creation and dissemination of various scientific adaptation programs and, accordingly, additional funding.

The two main tasks of social services in modern Russian conditions - the traditional one (for social services for the elderly) and the new one (for the activation of the life position of the elderly) - also require an early solution.

Elderly people in the context of socio-economic reform

Change social status a person in old age, associated with the termination or restriction of labor and social activities, transformation of value orientations, lifestyle and communication, experiencing difficulties in the social sphere and psychological adaptation to new conditions gives rise to serious social and personal problems.

The age period after retirement in any conditions is not easy. In old age, a significant part of a person's achievements is already in the past. The task of public and state structures is to identify and support the interests and new goals (including retraining and retraining) of people of this age category in order to extend

their active labor participation in the life of society with mutual benefit. Scientists give recommendations on the formation of the conviction of older people in the "need to continue working after reaching retirement age, and for working pensioners - to lengthen its terms"6.

A significant part of the pension, which is the main source of income for the majority of “retired” pensioners, is spent on food, utility bills, and medical care. Especially roads are medical services and medicines. Unfortunately, the way of life of many Russians is still very far from ideal, and it is incorrect to lay responsibility for the deterioration of health only on medicine. Only 9% of health depends on the efforts of doctors, while it is mainly determined by lifestyle (51%), depends on hereditary factors (20%) and environment (20 %)7.

The results of many scientific studies and the experience of now living centenarians refute the notion of an inevitable and irreversible deterioration in health with age. “The image of old age in the minds of Russians is painted in the darkest tones”8. Purposeful, scientifically substantiated and planned-institutional practical work is required to overcome the stereotypes of the perception of old age both by the elderly themselves, and by their relatives and others. It's time to stop treating the elderly as weak and sick. The media should become active advocates and disseminators of theories, methodologies and innovative practices to preserve the potentials of health and productive aging. Modern life dictates to all Russian citizens the need to actively strengthen and maintain their health. And they are forced to take such a position in life by the importance of health and its leading place in scale life values society.

Many economically the developed countries focus on the health of citizens. The famous Russian demographer A. G. Vishnevsky writes that in “1960-1990. per capita health care costs have increased fivefold. And somewhere in France or Japan - almost forty. The difference, of course, is significant, the effect too. Our state is stingy with investments in health...”9. The Ministry of Health builds its work on the principle of the “Ministry of Disease Control” and believes that it is not involved in the causes of high mortality. All the preventive work of this ministry is actually limited to the words "Ministry of Health warns." Resources are plentiful, and by joining the efforts of all, it is possible to change the curve of the “long-term mortality crisis”. It becomes more and more obvious that it is necessary to develop incentive measures for those citizens who maintain a high level of efficiency, take care of their health and preserve it. It is health that underlies an active life position that largely determines the social role status of any citizen, his social status, and material well-being.

Physical culture and health-improving and educational work with people of pre-retirement and early retirement age on the issues of psychological and physiological characteristics, gerontology, gender differences, prevention of morbidity and early aging, opportunities for strengthening and rehabilitation for specific diseases is carried out in extremely small volumes due to insufficient funding.

Western scientists have put forward a theory of activity, which is based on studies conducted in Holland, Italy, Germany and the United States. In accordance with it, it is argued that older people should maintain their activity as long as possible, supplementing their traditional activities with new types and forms. Any elderly

a person in society is able to find a place corresponding to his health, life plans, interests, abilities. Currently, this theory is the most popular in many Western countries. In accordance with the concept of productive aging, it is considered that any work performed by older people (paid and unpaid), related or not related to the production of goods and services, is productive. Preparing and educating older people to specialize in this kind of occupation is also considered productive. Volunteering, voluntary pedagogical, educational, caring for other family members, acquaintances, helping the young, doing what you love, hobbies and other activities, both at home and outside it, are also productive activities. As E. V. Karyukhin notes, the so-called "passive retirement" leads to the early appearance of senile destructive-dystrophic changes in the organs and tissues of the body and their rapid development. Applicability for medical care of pensioners who continue to work was 6.1% versus 69.2% among people who stopped working due to reaching retirement age10. A quarter of a century ago

N. N. Sachuk, N. V. Verzhikovskaya, E. N. Stezhenskaya, based on generalizations of the results of a number of medical and social studies conducted by the Institute of Gerontology of the USSR Academy of Medical Sciences, came to the conclusion that “the labor activity of elderly people who have retained sufficient working capacity is expedient from biological, social and economic points of view”11.

Elderly people, by regulating their aspirations and behavior, retain their competence in a constantly changing social environment and are socially active. The considered concept is the leading one in the development of many social and gerontological projects. Therefore, the current situation, caused by social needs, requires the preservation and promotion of the health of older people, the creation of conditions for the activation social behavior and productive aging and its promotion. And in the system of social services, it is necessary to move from patronizing strategies to stimulating and warning ones, shifting part of the concerns about the well-being of people in need of help onto themselves.

Problems of social services for the elderly

Federal Law No. 122 of August 2, 1995 (as amended in 2004) “On Social Services for Elderly and Disabled Citizens” transferred state powers in the field of providing social services to the subjects of the federation. Accordingly, the subjects of the Russian Federation are responsible for the state of social services in their territories, pursuing a legislative integration-oriented social policy, taking into account a differentiated approach, the specific interests of various groups of the elderly population at different stages of the adaptation period. New conditions reinforce the role of the regional system of social protection, as the closest to the needs of each individual. It should be noted that “the implementation of social policy towards the elderly is carried out through a variety of social programs at various levels: federal, regional, municipal. The degree of effectiveness of these programs is very difficult to assess, criteria have not been developed,

and the data is not published. The role of the state as a coordinator of programs is very important

different levels."

An analysis of the situation of citizens of pre-retirement and retirement age in various aspects allows us to make the following proposals:

1. It is necessary to intensify work with people of pre-retirement and early retirement age; take measures to increase the level of responsibility for their condition of the elderly themselves, focusing on self-help and mutual assistance.

2. With the help of the media and some legislative acts, begin the formation of a psychological attitude towards long-term self-care, comprehensively covering the elderly person as a “positive hero”, shifting the focus from weakness and illness to activity and wisdom, and also change the forms and methods of work on prevention, health improvement and rehabilitation.

3. Conduct a systematic reorientation of current and future pensioners to new or other areas of activity, taking into account physical and creativity and opportunities.

4. The state needs to take urgent measures to translate the above tasks into reality.

Social services for elderly and disabled citizens are designed to help solve their social problems, restore or enhance their ability to self-sufficiency and self-service.

Infrastructure of social institutions of Chudovsky municipal district is extensive and covers almost all spheres of social life, but at the same time, the existing system of home-based social services is not effective enough and does not contribute to both the activation of the serviced themselves and their integration into society. Created in 1988-1989. departments did not satisfy the growing demand for various kinds of social services, and over time, specialized departments had to be opened - socio-medical and social rehabilitation. Specialists of institutions, coming home to pensioners and the disabled, learn about their problems and needs and promptly make a decision on further servicing a particular citizen and providing him with assistance: they buy medicines, food, help to clean up, wash, pay for utilities, provide first aid, carry out medical procedures prescribed by the attending physician, etc.

In fact, the institution is, in a sense, a "rescue service" for the elderly and disabled in the area.

The state institution "Chudovsky Center for Social Services for Elderly and Disabled Citizens", like all institutions of this profile, performs three important tasks:

Organization of an effective system of high-quality social services in the district, prompt response to the requests of those served, high-quality implementation of social services in accordance with the list of state-guaranteed social services and the introduction of additional essential services;

Organization of events to enhance the life position of the elderly and disabled;

Training of personnel for social services for the elderly and disabled.

In fact, social workers in the general mass are people without sufficient theoretical and practical training. Many get skills professional activity already in progress. It is important to note that social work is low-paid, does not have a high status and prestige. Few linger on it for long. Only a part of them are guided by the principles of humanity, the inner need to help people who find themselves in a difficult life situation. In rural

sector, due to the specifics of small settlements, where everyone knows each other well, the services provided go far beyond those listed in the list of state-guaranteed social services, which cannot be said about the city. Low motivation to work official duties to the extent of external necessity, indifferently and mechanically, can be overcome with the help of training sessions, seminars, consultations and decent pay.

Optimization of the work of social workers, perhaps, should be through the division functional duties: some are engaged in the domestic sphere (cleaning, arranging firewood, doing the work of movers, electricians), others directly perform social services in accordance with the list of guaranteed services (purchase of food, medicines, paying utility bills), others control, conduct surveys, surveys, draw up reports and conduct conversations with those served (on fire safety, anti-terrorism activities, sanitary and hygienic norms and rules, etc.), medical workers monitor their health, perform prescribed medical procedures, carry out rehabilitation measures, etc. And in the current situation of home care a social worker is both a "Swedish man, a reaper, and a gambler on the pipe."

There is a growing need for various individualized social services and for an increase in the number of workers employed in social services. One of the challenges in practical work, is an overabundance of some social services and underproduction of others. Thus, the need for certain services (laundry, cleaning, washing, etc.) far exceeds those actually provided in public institutions.

In the Chudovsky district, the infrastructure of institutions providing personal services to the population is extremely poorly developed. There is a large field of activity for the development of non-state institutions of the social and domestic sphere. Market relations make their own adjustments. With current pensions, older people cannot act as adequate consumers of essential services. The inclusion of some services in the lists of additional ones in state institutions will partially improve the situation in the market of social services. But then the question arises: “Who will provide these services?” IN staffing tables appropriate positions are not provided, and the head is limited by the letter of the law. One of the reasons for the underproduction of some services and the excess of others (conversations, library services, grocery shopping, etc.) is the very system of payment for the person served, and not for the quantity and quality of services performed. Often, social workers provide non-essential services. There is a substitution necessary services low-cost and easy-to-perform, thereby, older people are limited in independence.

Many questions in practical work arise on the stimulation of labor. Decent pay for quality work stimulates employees. Well-deserved material incentives give rise to moral satisfaction, and the lack of interest in the results of labor ultimately destroys motivation, decomposes the employee and the system itself. Obviously, it should be clearly established how much time (labor costs) a social worker should spend on a particular client, taking into account the preserved ability of an elderly or disabled person to self-service, and not 2-3 and 3-4 visits per week, as is now established by law. It is important to link wages to the quantity and quality of services provided, and not to the number of people served. The limited bonus fund of 2% does not allow sufficient incentives for conscientious employees.

No less important for the sphere of social services is the task of training personnel, which must be urgently addressed at the state level. As planned, on the scale of each subject of the Russian Federation, regular training sessions (courses) to improve professional qualifications (as in the healthcare sector) are needed. There are few specialized educational institutions in the country that train social workers, social work specialists, psychologists and geriatric health workers.

Changing Priorities: From Passive Waiting for Help to Expanding Self-Care and Longevity

GUSO "Chudovsky Center for Social Services for Elderly and Disabled Citizens" has begun systematic work to extend the active participation of the elderly in the life of the local community, to increase their contribution to the social and cultural development of the region. The formation of an active life position gives older people a chance to acquire their proper social and role status, because their most valuable capital is knowledge, professional experience- should be thoughtfully and purposefully used for the development of the welfare of the area. Prevention of aging must begin in youth, paying attention to mass sports and all kinds of health clubs and circles in mature years. The sports club "Health" established in 2006 operates at the Department of Social Rehabilitation.

Improving the physical condition of pensioners, making new friends, new goals and responsibilities, partial regression of morbidity, relieving tension and much more is provided by classes in the department of social rehabilitation. Joint classes in interest groups: exercise therapy, occupational therapy, a computer class, conversations with a psychologist, lectures on issues of interest, which are conducted by specialists of various profiles (priest, notary, employees of the Ministry of Internal Affairs, the Pension Fund, etc.) - diversify the everyday life of pensioners . Active communication, exchange of experience (seeds, recipes, etc.) after classes; removal of problems associated with physical inactivity improve well-being and increase self-esteem. The development of such communication, mutual assistance is seen as the first step towards the creation of self-help groups “Help a friend” in the district, where newly retired people could realize their need to benefit others, be needed by society, help with a kind word, provide easy services to those who is in a more difficult position, seeing this as a further goal of self-realization.

Creation and dissemination of training programs on life support in the elderly, increasing competence in the rehabilitation and preservation of the health of older people, including the acquisition of theoretical knowledge in various areas of life and practical, aimed at enhancing the life position and lengthening the period of working capacity and self-service, over time can give its own positive results. Educational trainings with a psychologist on mastering special technologies management of one's emotional and psychological states, technologies of mental hygiene and stress resistance in conflicts, minimization of destructive forms of communication, as well as knowledge about preventive measures for various diseases, taking into account the characteristics of physiology in geriatric age, require wide dissemination.

The second aspect of this work is the involvement of young pensioners in providing home care to the elderly, those who can no longer leave their homes. The forms of such assistance can be different: from making things in the occupational therapy classes, to regular visits, conversations, and doing easy work.

at home. Further implementation of plans to create self-help groups "Help a friend" will help to really change the situation in the region among people who have recently retired, partially solve the problems of employment, leisure and lack of communication, improve the prevention of morbidity and premature aging.

To improve the effectiveness of home care for the elderly, training sessions are regularly held to improve the professionalism of social and medical workers of the institution with the involvement of specialists in various fields. When providing assistance to those served, much attention is paid not only to the so-called everyday care, which means helping an elderly person to meet various vital needs: food, drink, washing, etc. The employees of Chudovsky CSO pay special attention to the state of mind of the wards. After all, it is extremely important not only physical health, but also an optimistic attitude towards life.

In parallel with the introduction of market mechanisms in social work, mutual assistance and self-help should be developed and stimulated, activating life position, increasing the active period of longevity, and improving the quality of life of the elderly. These new technologies of social work, of course, are very relevant at the present time and cause genuine interest among different segments of the population.

There are no day care departments in our institution, because those who usually visit such departments can still work and bring income or other benefits to themselves and the state. Apparently, it is necessary to change the forms of work: to organize professional retraining, retraining; interest clubs or circles for pensioners are more necessary and profitable (pensioners, especially those who have just retired, will be able to work, spend leisure time together and do what they love in their free time).

Social rehabilitation departments should also fulfill their main social function - to organize leisure, deal with issues of maintaining health, retraining or retraining, and not replace or replace medical rehabilitation departments. There should be a clear distinction: after an illness, during the recovery period, qualified doctors should be next to the person (work should be carried out directly in the direction of restoring health and morale). When a person is already on his feet and in "sanity", social rehabilitation should continue, aimed at helping a person to reintegrate into society, maintaining and correcting his health, involving him in one or another feasible activity.

Employees of the urgent social service department can regulate, coordinate activities to provide real operational assistance to those most in need and act as a link between generations, continuing to develop the relationship, transfer of experience, increase the social significance and demand for older people, contributing to the improvement of the quality of social services.

It is obvious that the provision of social services for home care, when an elderly person continues to remain in his usual conditions, maintaining his former life and social ties, costs the state dozens of times cheaper than content in specialized institutions. Developing the social service sector, it is necessary to introduce new technologies, optimizing and redistributing funds for:

Organization of additional education at the third age, professional retraining or retraining;

Stimulation of an active life position and transfer of experience to young people;

Creation of conditions for the realization of unclaimed creative potential and opportunities for increasing the self-organization of older people;

Promoting the experience of "healthy aging" (development of a network of interest clubs and sports sections for the elderly, etc.);

Organization of an accessible environment and safe housing; quality medical and individualized social services;

For sustainable operation and effective organization social services in modern conditions it is no longer possible to confine oneself to traditional fields of activity. New directions come to the fore:

Transition from nurturing to activating service strategies; restoration of the social status of the elderly and reduction of dependency expectations;

Social partnership with municipal structures, business, public organizations and the population;

Expansion of the infrastructure of institutions and partial reorganization of the existing one;

Activation of self-help, organization of mobile self-help groups (especially in separated villages);

Planning for the long term, social marketing, regular monitoring of needs for social services;

Development of projects to collect and attract additional funds;

Recruitment and training of employees and volunteers;

Working with the media and others.

The purpose of today's social service policy is to find new opportunities for balancing social workers and dependent clients of social work, redistributing, or better, optimizing the costs of social services. Only with appropriate funding, training of qualified personnel for the social service system and changes in the psychology of society, it is possible to create an effective system of social care, rehabilitation and activation of the life position of the elderly. After all, in relation to the elderly, according to the conditions of their existence, it is legitimate to talk about the level of not only physical, but also moral health in society.

1 Results of the 3rd All-Russian Congress of Sociologists: Report on the work of section 27 “Problems of the older generation”. July: www.isras.ru.

Vishnevsky A.G. Russia is facing a demographic choice. M., 2007. S. 133.

3 Grigorieva I. A. Social policy and social reform in Russia in the 90s. SPb., 1998.

4 Kozlova T.Z. Pensioners about themselves. M., 2001. S. 40.

5 Belchuk AI General results of systemic reforms. June: www.perspektivy.info/rus/nashe.

6 SachukN. N., Verzhikovskaya N. V., Stezhenskaya E. I. Guidelines on conducting comprehensive preparation for a rational lifestyle in the retirement period. Kyiv, 1983. S. 15.

7Lobzhanidze A.A., Gryzunov V.V. Old man. Tosno, 2004, p. 271.

8 Presnyakova L. Social, material and emotional climate of old age in Russia. July: www.per-spektivy.info/rus/nashe/social_material_emotional_klimat.htm.

9 Vishnevsky A.G. Russia is facing a demographic choice. M., 2007. S. 175.

10 Karyukhin E. V. Labor activity of the elderly. June: www.dobroedelo.ru.

SachukN. N., Verzhikovskaya N.V., Stezhenskaya E.I. Methodological recommendations for comprehensive preparation for a rational lifestyle in the retirement period. Kyiv, 1983. S. 10.

12 Sociology: textbook / ed. N. G. Skvortsova. SPb., 2006, p. 533.

• STATE STANDARD OF SOCIAL SERVICES FOR THE POPULATION
• SOCIAL SERVICES FOR THE POPULATION
• BASIC LAWS IN THE FIELD OF STANDARDIZATION

• State regulation of rational use of water resources
• To the question of the legal foundations of state environmental supervision
• Legal regulation of rational use of water resources
• The role of the police in protecting the rights and freedoms of man and citizen
• Regulatory documents of the municipal department of social services for the population

Social protection of the population at present, taking into account the difficult socio-economic situation, has become one of the most important tasks of state authorities and local self-government. The main activity of these bodies to ensure and create conditions for a decent life for an individual is aimed primarily at poorly protected groups of the population, which include primarily pensioners, the disabled, families with children.

The current system of social services for the population is currently facing a variety of problems. In particular, certain types of assistance exist fragmentarily, various subsystems of social protection for representatives of different social groups are isolated, there are no clear rules for interaction and distribution of functions between ministries and off-budget funds; social protection authorities have to serve an increasing number of people in need in the face of a decrease in the amount of resources to support them, etc.

Reforms taking place at the end of the 20th century early XXI centuries in Russia, entailed a significant increase in the role of regions and municipalities in the implementation of the social policy of the state, in particular, in the field of social services for the population. As a result of the ongoing reforms, there was a distinction between such areas of social protection as social support and social services for the population, implemented both at the federal, and at the regional and municipal levels.

Social services, having become an integral part of the state system of social protection of the population, essentially turned into a social institution, that is, a stable set of social services, regulations, rules, technologies, methods, attitudes that reflect the social needs of various categories of the population and affect various areas activities in the Russian Federation.

Transformations in social services have led to changes in the patterns of behavior, psychology and thinking of social workers, to the development of a system of higher and professional educational institutions training specialists for social service institutions.

Despite the fact that the concept of "social service" is widely used in the practical life of our society, and has recently become the object of research conducted in the framework of social work, sociology, social work, its theoretical justification is practically absent.

In Russia, special emphasis was placed on the development of the legal aspect of social services. But without a theoretical substantiation of the essence and structure of the process of social service, difficulties arise, first of all, in assessing the effectiveness of social service, in choosing an adequate model that ensures the implementation of the basic principles and directions of the social policy of the state, determining the standards and norms of professional activity of social work specialists, etc. .d.

In the 1990s there is a need to standardize the service sector, which was caused by various reasons: firstly, the growing role of services in human life, expanding the range of services; in particular, new services appear, such as: insurance, financial, tax, lending, social, etc. Secondly, the need to control the quality of services in order to identify factors that can harm the physical, mental, spiritual and social forces of a person, and also the environment. At the state level, standardization has been recognized since the middle of the 20th century. The main laws in the field of standardization of services in the Russian Federation were adopted in the early 90s. XX century, among them: federal laws "On the protection of consumer rights" (1992); "On Standardization" (1993); "On Ensuring the Uniformity of Measurements" (1993); "On certification of products and services" (1993).

The requirements that were contained in state standards before July 1, 2003 were aimed at ensuring the safety of services for the environment, life, health and property of citizens, technical and information compatibility, interchangeability of services, uniformity of methods for their control, as well as other requirements established by legislation of the Russian Federation, were mandatory for compliance government bodies management, business entities. Compliance of services with the specified requirements of state standards was determined in accordance with the procedure established by the legislation of the Russian Federation on mandatory certification of services. Other requirements of state standards for services were mandatory for business entities to comply by virtue of the contract, or in the event that this was indicated in technical documentation service provider. At the same time, the compliance of services with these requirements of state standards was determined in accordance with the procedure established by the legislation of the Russian Federation on voluntary certification of services. For the observance by business entities of the mandatory requirements of state standards, state control and oversight by executive bodies of state power.

IN federal law“On the Fundamentals of Social Services for the Population in the Russian Federation”, Article 6 determined that social services must comply with state standards, which establish the basic requirements for the volume and quality of social services, the procedure and conditions for their provision.

In accordance with the national standard "Quality of social services", put into effect by the Decree of the State Standard of Russia, the main provisions are established that determine the quality of social services. This standard establishes the basic provisions for determining the quality of a particular service that is provided in social service institutions; but, unfortunately, the standard does not describe the provisions that establish the quality and efficiency of the process of providing the service, and there are no criteria for assessing the quality of the result to be achieved after the implementation of the service.

The complexity of standardizing services and their quality is associated, first of all, with the peculiarities of the services themselves, among which one can note: the difficulty of quantifying many types of services, the lack of indicators of the quality of social services, etc. The results of the study showed that it is important to develop specific mechanisms for organizing social services population at the regional level.

Lack of sufficient necessary conditions for the effective functioning of social services, it deprives specialists of confidence in the prospect of their activities, has a serious impact on the service process and the quality of social services provided.

The prospects for the existence and development of various forms of social services depend on various conditions, including:

• legislative - development of the regulatory framework at the federal, regional levels;
• organizational and structural - the level of development of the social service system as a whole and its individual structural elements;
• financial - the level of allocated financial resources for the development and functioning of the social service system;
• personnel - the level of qualification of specialists, the conditions for retraining and advanced training of performers;
• informational - the level of openness and accessibility of information about the social services provided.

Thus, at present, it is relevant to study the problems of ensuring the quality of social services, the development of standards as the basis for confirming compliance and evaluating the effectiveness of the activities of social service institutions for the population, identifying the features of organizing social services for the population at various levels, including the municipal one.

The need of the time is to increase the level of life safety, the health of citizens in the process of social services, the provision of high-quality social services.

Ensuring the compliance of services and the service process with these requirements is one of the tasks of standardizing social services for the population. In this regard, the study of the issues of standardization of social services provided to the population is of particular relevance; analysis of existing legal documents regulating the process of providing and consuming social services by different groups of the population; determination of mechanisms for standardization of social services at the regional and municipal levels.

Bibliography

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