Social policy in relation to the elderly and elderly citizens will be effective if its concept is based on a deep knowledge of the characteristics and needs of this age, if the very technology for implementing the principles of social and legal protection of this category of citizens is adequate to the current state of Russian society.

Social Security for the Elderly

Pension provision is aimed at meeting the material needs of the elderly. For many of them it is the only source of livelihood.

The main regulatory act regulating pension provision is the Law of the Russian Federation “On State Pensions in the Russian Federation” dated November 20, 1990. The data of the Pension Fund of the Russian Federation indicate that in accordance with this law, the vast majority of pensioners are provided with pensions (37.8 million people ). In total, in the Russian Federation on 30.09.98. there are 39.5 million pensioners.

In accordance with the law, pensions are monthly cash payments provided to citizens upon reaching a certain age, onset of disability, loss of a breadwinner, and also in connection with long-term professional activity.

The main criterion for differentiating conditions and norms pension provision is the labor and socially useful activity of a person in the past. Old-age labor pension is a lifetime monthly payment appointed at the expense of the Pension Fund of the Russian Federation (PFR) to persons who have reached the legal age and have the necessary work experience. As part of the old-age pension, along with the pension on a general basis, the legislation provides for early retirement(Article 32 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On employment in the Russian Federation” (as amended on December 16, 1997), incomplete (Article 15 of the Law of November 20, 1990), pensions on preferential grounds (Articles 11-14 of the Law of November 20, 1990) Old-age pension supplements are established (Article 21, ibid.).

Along with the old-age pension, the Law of November 20, 1990 No. highlights labor pensions on disability (Chapter 3 of the Law), on the occasion of the loss of a breadwinner (Chapter 4 of the Law), for length of service.

The main purpose of the introduction social pensions- ensuring the state-guaranteed minimum financial assistance to persons who have not acquired the right to a labor pension.

Citizens entitled to different kinds pensions, one of them is appointed and paid, at their choice (Article 5).

The right to receive two pensions is also granted to the parents of servicemen who died during the period of military service by conscription or who died as a result of a military injury after being discharged from military service. They are also given the right to receive two pensions: an old-age pension, as well as a survivor’s pension (Law of the Russian Federation “On pensions for the parents of dead servicemen who were military service on conscription” dated May 21, 1993).

The payment of pensions is carried out at the expense of the pension fund of the Russian Federation. In accordance with the Decree of the Government of the Russian Federation of December 27, 1992 No. “Issues of the Pension Fund of the Russian Federation”, the PFR is an independent financial institution that operates on the basis of the law “On banks and banking activities”.

In the Volgograd region, about one third of the entire population of the region receives pensions from the pension fund, while the number of pensioners is constantly growing.

There is a need to reform the pension insurance system through a gradual transition from the distributive principle to a three-tier pension system, including the funded principle. An essential step along the path of reform is the organization of personalized accounting and the creation of Non-State Pension Funds (Decree of the President of the Russian Federation "On Non-State Pension Funds" dated September 16, 1992). The Ministry of Labor and Social Development, the Ministry of Economy, the Ministry of Finance of the Russian Pension Fund RF and other institutions.

The practical implementation of pension provision is carried out locally by the bodies of social protection of the population, which in this regard assign, recalculate and pay pensions, and provide organizational and methodological support for this activity.

Among the elderly and elderly there are a lot of veterans of the Great Patriotic War and labor, disabled people, citizens exposed to radiation, former juvenile prisoners of concentration camps, therefore, benefits and benefits for these categories of the population should be noted in the social security system for the elderly.

The right to benefits and benefits is enshrined in the following regulations:

Federal Law "On Veterans" dated December 16, 1994, Law of the Russian Federation dated June 18, 1992 "On social protection Citizens exposed to radiation as a result of the Chernobyl disaster”, Law of the Russian Federation “On the social protection of citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site” dated 19.08.1995, Law of the Russian Federation “On social protection of citizens exposed to radiation as a result of an accident in 1957 at the Mayak production association and discharges of radioactive waste into the Techa River dated 05/20/1993, the Law of the Russian Federation "On the Social Protection of the Disabled" dated 11/24/1995, the Decree of the President of the Russian Federation "On the provision of benefits to former minor prisoners of concentration camps, ghettos and others places of detention created by the Nazis and their allies during the Second World War” dated 10/15/1992.

The main benefits provided by these laws are:

Free or discounted travel on public transport, suburban transport, as well as on rail and water transport, intercity road transport; housing benefits, utilities, fuel; free phone installation; tax incentives; concessions for providing loans for housing construction; priority free housing; Benefits for the provision of vouchers for sanatorium treatment; to provide medical and social assistance and ensure medicines; provision of vehicles; prosthetic benefits.

A set of rules, principles and approaches of the state and society aimed at improving the conditions and improving the quality of life of older people. The main task of the state in relation to the elderly remains their material support (pension, allowances, benefits, etc.). An important role is played by the provision of effective socio-psychological, pedagogical, socio-medical, organizational and other assistance to them. In general, the policy towards the elderly is aimed at prolonging an active lifestyle and maintaining the health of older citizens. Federal Law “On Social Services for Elderly Citizens and Disabled People” dated May 17, 1995 NQ 122-FZ establishes social and legal guarantees for elderly citizens and disabled people. Article 3 of the Federal Law lists the basic principles on which activities in the field of social services for the elderly are based: -observance of human and civil rights; - provision of state guarantees in the field of social services; - Ensuring equal opportunities in obtaining social services and their accessibility for the elderly and the disabled; - continuity of all types of social services; - orientation of social services to the individual needs of the elderly and the disabled; - priority of measures for social adaptation of elderly citizens and disabled people; - the responsibility of state authorities, local governments and institutions, as well as officials for ensuring the rights of elderly citizens and disabled people in the field of social services. Elderly citizens are guaranteed the opportunity to receive social services on the basis of social justice, regardless of location, nationality, social origin, property and official status, religious beliefs and other circumstances.

In accordance with Art. 22 of the Fundamentals of the Legislation of the Russian Federation on the Protection of the Health of Citizens dated July 22, 1993, the term "elderly people" means: women aged 55 years and older, men - 60 years and older.

One of the features of the current demographic situation in Russia is the high number of elderly people (30 million people). In the future (after 2007), a dynamic increase in the proportion of older people in the population is predicted.

Due to age characteristics, it is difficult for older people to adapt to changing socio-economic conditions. In various spheres of life, they need guaranteed assistance from the state. The process of population aging necessitates the adoption of measures aimed at both strengthening the social protection of older citizens and creating conditions for their active participation in society.

In relation to the elderly in the RussianFederation is protected by health, established by the statestate pensions and benefits are provided by the statesupport through the social services system and othersocial security guarantees.

Important for the creation of decent living conditions for older people are also constitutional norms on the right to housing, dignity of the individual, freedom of conscience and religion, private property, the right to receive a qualified legal assistance, including free. Constitutional guarantees of the right to work fully apply to older people and do not contain any restrictions on age and the fact of having a pension.

Legislation Russian Federation, realizingthese constitutional guarantees of the rights of the elderlydey, conditionally includes three types of norms:

norms securing the rights of all citizens, regardless of age;

norms directly related to the rights of older people and the obligations of the state, non-state structures and the family corresponding to these rights;

norms governing the situation of special groups of older people (veterans, disabled people, various categories of older people depending on age).

According to the current Civil Code (CC), the Family Code (SC) of the Russian Federation and a number of federal laws: “On the Basics of Social Services for the Population in the Russian Federation”, “On Social Services for Elderly Citizens and the Disabled”, “On the Social Protection of the Disabled in the Russian Federation ”, “On veterans”, “On public associations”, “On charitable activities and charitable organizations”, social legislation, addressed directly to the elderly, began to comply with international standards for the elderly. These laws are consistently developed in by-laws at the federal and regional levels. Similar work is being carried out at the level of the CIS member states.

Currently, the Russian Federation is considering the issue of possible cancellation of benefits with the provision of monetary payments in return based on the cost of unprovided services included in the system of benefits. This proposal of the Government of the Russian Federation is due to the fact that a large number of benefits remain unused due to lack of demand and the impossibility of proper accounting. At the moment, there is an agreement between the interested parties on the mechanism for replacing benefits with cash payments.

The Civil Code of the Russian Federation contains a number of new rules relating to obligations arising from agreements on permanent and life annuity, life maintenance with a dependent, trust management of property. These types of contracts are used by older people who need additional sources of livelihood.

Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens (1993) contain a general definition of the concept of "elderly citizens", i.e. who have reached the age established by the legislation of the Russian Federation for the appointment of an old-age pension. They are entitled to medical and social assistance at home, in health care institutions, for drug provision, including on preferential terms. In the presence of a medical certificate, elderly citizens have the right to sanatorium treatment and rehabilitation on preferential terms or free of charge, as well as the right to free medical control for pensioners involved in physical culture.

The Constitution of the Russian Federation does not directly provide for the right of citizens to social services. However, in accordance with the general theoretical provisions, social services are an integral element of the constitutional right to social Security(Article 39). The rights to social services designed to meet the special needs of citizens due to disability, including by age, are recognized as socially significant.

The adoption in 1995 of the aforementioned federal laws on social services strengthened the legal basis for the development of social services and contributed to the expansion of the network of social service institutions.

Social services for the elderlyand the disabled is carried out in accordance with the Federal Law of August 2, 1995 No. 122-FZ “On Social Services for Elderly Citizens and Disabled People” and is focused on the individual needs of older citizens, providing them with equal opportunities in receiving social services and on the priority of measures for social adaptation. Social services includeset of social services(care, catering, assistance in obtaining medical, legal, socio-psychological and natural types of assistance, assistance in vocational training, employment, leisure activities, assistance in organizing funeral services, and others), which are provided to citizens of the elderlyage and disabled people at home or in social institutionsservices regardless of the form of ownership(art. 1).

Elderly citizens and the disabled are provided with the opportunity to receive social services sufficient to meet their basic vital needs, which are included in the federal and territorial lists of social services state-owned by the state (Article 4). (Decree of the Government of the Russian Federation of November 25, 1995 No. 1151 “On the federal list of state-guaranteed social services provided to elderly citizens and disabled people by state and municipal social service institutions” // SZ RF. 1995, No. 40. Art. 4798.)

Social services for elderly and disabled citizens are carried out by decision of the social protection authorities in institutions subordinate to them or under agreements concluded by social protection authorities with social service institutions of other forms of ownership (Article 5).

Social services are provided subject to the voluntary consent (Article 9) of elderly and disabled citizens to receive social services, with the exception of cases provided for by the Federal Law under consideration.

Consent to social services for persons under 14 years of age, and persons recognized as incapacitated in the manner prescribed by law, is given by their legal representatives after receiving information about the conditions for receiving such assistance. In the temporary absence of legal representatives, the decision on consent is made by the guardianship and guardianship authorities.

Placement in a stationary institution of social services for elderly citizens and the disabled is carried out on the basis of their personal written application and is confirmed by their signature, and persons under the age of 14 and persons recognized as legally incompetent - on the basis of a written application of their legal representatives.

The placement of elderly and disabled citizens in stationary social service institutions without their consent or without the consent of their legal representatives is allowed on the grounds and in the manner provided for in Art. 15 of the Federal Law under consideration 1, as well as the Law of the Russian Federation dated July 2, 1992 No. 3185-1 “On Psychiatric Care and Guarantees of the Rights of Citizens in its Provision”.

The rights of elderly citizens and disabled people living in stationary social service institutions are provided for in Art. 12:

providing living conditions that meet sanitary and hygienic requirements;

care, primary health care and dental care provided in a stationary social service institution (if necessary, they are sent to specialized medical institutions);

free specialized care, including dentures (without the use of precious metals), in state and municipal health care institutions, as well as free prosthetic and orthopedic care 1 ;

socio-medical rehabilitation and social adaptation;

voluntary participation in the medical and labor process, taking into account the state of health, interests, desires in accordance with the medical report and labor recommendations;

medical and social examination, carried out for medical reasons, to establish or change a disability group;

free visits by a lawyer, notary, legal representatives, representatives of public associations and a clergyman, as well as relatives and other persons; free assistance of a lawyer in the manner prescribed by applicable law; providing them with premises for the performance of religious rites, creating appropriate conditions for this, not contradicting the internal regulations, taking into account the interests of believers of various faiths;

preservation of residential premises occupied by them under a lease or lease agreement in the houses of state, municipal and public housing stocks within six months from the moment of admission to a stationary social service institution, and in cases where members of their families remain living in residential premises - during the entire time spent in this facility. In case of refusal of the services of a stationary social service institution after the expiration of the specified period, elderly citizens and people with disabilities who have vacated residential premises in connection with their placement in these institutions have the right to extraordinary provision of residential premises if they cannot be returned to the residential premises they previously occupied ;

participation in public commissions for the protection of the rights of elderly and disabled citizens, created, among other things, in social service institutions.

Elderly citizens and people with disabilities living in stationary social service institutions may be hired for work available to them for health reasons, on the terms of an employment contract (Article 13).

Elderly citizens and disabled people working on the terms of an employment contract are provided with an annual paid leave of 30 calendar days.

Elderly citizens and disabled people living in stationary social service institutions may participate in medical and labor activities in accordance with medical recommendations in the manner determined by the Government of the Russian Federation.

Coercion of elderly citizens or disabled persons living in stationary social service institutions to medical labor activity is not allowed.

Forms of social service(art. 16):

social services at home (including social and medical care);

semi-stationary social services in departments of day (night) stay of social service institutions;

stationary social services in stationary social service institutions (boarding houses, boarding houses and other social service institutions, regardless of their name);

urgent social services;

social advisory assistance.

Among home social services, provided by the federal list of state-guaranteed social services include:

catering, including home delivery of groceries;

assistance in the acquisition of medicines, food and industrial essential goods;

assistance in obtaining medical care, including escort to medical institutions;

maintenance of living conditions in accordance with hygienic requirements;

assistance in organizing legal assistance and other legal services;

assistance in organizing funeral services;

other home social services.

When serving elderly and disabled citizens living in residential premises without central heating and (or) water supply, the number of home-based social services provided for by the federal list of state-guaranteed social services includes assistance in providing fuel and (or) water.

In addition to home-based social services provided for by the federal and territorial lists of state-guaranteed social services, senior citizens and the disabled may be provided with additional services on the basis of full or partial payment.

Social health care at home(art. 18) is carried out in relation to elderly citizens and disabled people in need of home social services, suffering from mental disorders (in remission), tuberculosis (with the exception of the active form), serious diseases (including cancer) in the late stages, with the exception of the diseases listed in part 4 tbsp. 15.

Semi-residential social service(art. 19) includes social, medical and cultural services for elderly and disabled citizens, organizing their meals, recreation, ensuring their participation in feasible labor activity and maintaining an active lifestyle. Elderly and disabled citizens who need it and who have retained the ability to self-service and active movement, who do not have medical contraindications (the above diseases) for enrollment in social services, are accepted for semi-stationary social services.

The decision to enroll in semi-residential social services is made by the head of the social service institution on the basis of a personal written application of an elderly or disabled citizen and a certificate from a health care institution on his state of health.

Stationary social service(art. 20) It is aimed at providing comprehensive social and household assistance to elderly citizens and the disabled, who have partially or completely lost the ability to self-service and who, for health reasons, need constant care and supervision.

Stationary social services include measures to create for the elderly and the disabled the most adequate living conditions for their age and health status, rehabilitation measures of a medical, social and medical-labor nature, provision of care and medical assistance, organization of their recreation and leisure.

In order to improve the living conditions of the elderly and disabled in state and municipal stationary institutions of social services for the population, the President and the Government of the Russian Federation additionally adopted a number of regulations.

Elderly citizens and people with disabilities who have partially or completely lost the ability to self-service and need constant outside care, from among the especially dangerous recidivists released from places of deprivation of liberty and other persons who are subject to administrative supervision in accordance with the current legislation, as well as elderly citizens and disabled people who have previously been convicted or repeatedly brought to administrative responsibility for disturbing public order, engaged in vagrancy and begging, who are sent from the institutions of the internal affairs bodies, in the absence of medical contraindications and, at their personal request, are accepted for social services in special stationary social service institutions on the basis of decisions of local governments.

Elderly citizens and disabled people living in stationary social service institutions and constantly violating the procedure for living in them established by the Regulations on the social service institution may, at their request or by a court decision made on the basis of a recommendation from the administration of these institutions, be transferred to special stationary social service institutions. service.

Urgent Social Services(Article 22) is carried out in order to provide emergency care of a one-time nature to elderly citizens and disabled people who are in dire need of social support. It includes the following social services from those provided for by the federal list of state social services:

one-time provision of free hot meals or food packages to those in dire need;

provision of clothing, footwear and other essentials;

one-time provision of financial assistance;

assistance in obtaining temporary housing;

organization of legal assistance in order to protect the rights of persons served;

organization of emergency medical and psychological assistance with the involvement of psychologists and clergy for this work and the allocation of additional telephone numbers for these purposes;

other urgent social services.

Social services (Article 24), included in the federal list of state-guaranteed social services, can be provided to citizens free of charge, as well as on the basis of partial or full payment.

Social services are provided free of charge:

single elderly citizens (single married couples) and disabled people who receive a pension, including allowances, in the amount below the subsistence level established for the region;

elderly and disabled citizens who have relatives who, for objective reasons, cannot provide them with assistance and care, provided that the amount of the pension received by these citizens, including allowances, is lower than the subsistence minimum established for the given region;

elderly citizens and disabled people living in families whose average per capita income is below the subsistence level established for the region.

Social services on the terms of partial payment turn out to be:

single elderly citizens (single married couples) and disabled people receiving a pension, including allowances, in the amount of 100 up to 150% of the subsistence minimum established for the region;

elderly and disabled citizens who have relatives who, for objective reasons, cannot provide them with assistance and care, provided that the amount of pension received by these citizens, including allowances, is from 100 up to 150% of the subsistence minimum established for the region;

elderly citizens and disabled people living in families whose average per capita income is from 100 to 150% of the subsistence minimum established for the region.

Social services on terms of full payment are citizens of the elderly and disabled living in families whose average per capita income exceeds by 150% the subsistence minimum established for the region.

Payments are collected from all categories of elderly and disabled citizens when additional social services are provided at their request that are not included in the federal and territorial lists of state-guaranteed social services.

The procedure and terms of payment for social services in the state and municipal sectors of social services are determined by the Government of the Russian Federation. Tariffs for social services provided by state and municipal social service institutions are determined by the social protection authorities of the population of the subjects of the Russian Federation.

Payment for social services may be made at the expense of funds received from the sale or other alienation of property owned by the elderly and disabled, including residential premises, securities and other property, on the basis of agreements concluded in accordance with the legislation of the Russian Federation.

Transactions on the alienation of residential buildings (residential premises) in payment for social services are performed in the manner prescribed by the legislation of the Russian Federation, subject to the following conditions:

preservation for an elderly citizen and a disabled person of the right to lifelong residence in an alienated residential building (residential premises) or providing him with other residential premises that meet the requirements of housing legislation, as well as the right to material security in the form of food, care and necessary assistance;

obtaining consent in writing from local authorities of social services for the population to complete the transaction.

An integral part of the policy of generating incomes for the elderly population are legally enshrined benefits that are inextricably linked with pensions, benefits and social services 1 .

An example of a legislative act establishing social benefits for various categories of veterans is the Federal Law of January 12 1995 Mr. "About Veterans". This law defines the main directions of state policy in relation to veterans, establishes the status of veterans of various categories, establishes the creation public service Veterans Affairs, provides for the development and implementation of targeted state and local programs for the social protection of veterans. The provisions of the federal law are developed and concretized by a number of by-laws.

To preserve the principle of social justicea system of social benefits for certain categories of citizens,including the elderly, requires reform,developing mechanisms for a gradual transition to targetedsocial assistance.

Health care for the elderly

According to sociological studies in the regions of the country, over 80% of the elderly in the contingent of the population with limited mobility need medical care, which is provided to them at the expense of compulsory medical insurance. AT modern conditions more affluent older people can also use paid medical services.

An integration model of the organization of medical care for the elderly is emerging, which has positively proven itself in the face of a shortage of financial resources. Gerontological ( Gerontology- the science that studies the phenomena of aging of the body. Geriatry- the field of gerontology that studies diseases of the elderly and methods of their treatment.) units are "embedded" in existing healthcare institutions, social services and other structures.

In many regions of the Russian Federation, institutions have been created that are focused on providing care and medical and social rehabilitation of elderly patients. In the health care system, these include about 100 nursing hospitals.

Medical care for the elderly is also provided by multidisciplinary medical and preventive institutions.

In order to maintain the availability and level of state-guaranteed types and volumes of medical care, the Decree of the Government of the Russian Federation of September 11, 1998 No. 1096 approved the Program of State Guarantees for Providing Citizens of the Russian Federation with Free Medical Care. Measures for the implementation of this Program that affect the interests of elderly citizens are carried out by:

transition to a system of state order for the provision of medical care in accordance with the accepted standards for the volume of medical and drug care;

use of financial resources obtained as a result of state regulation of prices for medicines to expand social guarantee programs for drug provision of the population;

implementation of incentive measures for domestic enterprises of the medical industry, preservation and support of state research and production associations, support of investment projects in the territory of the Russian Federation.

The same goals are served by regional programs of state guarantees for providing citizens with free medical care while maintaining the leading role of the state and municipal health sectors.

Drug benefits are provided to certain categories of older people, to a greater extent - war veterans, in accordance with the Federal Law "On Veterans".

In recent years, a network of medical and physical education dispensaries and sports and health centers for the elderly, general physical training groups at stadiums and other sports facilities, and health clubs at the place of residence has been developed.

In accordance with Art. 22 Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens of July 22 1993 The term "older people" means: women aged 55 years and older, men - 60 years and older.

One of the features of the current demographic situation in Russia is the high number of the elderly age (30 million people). In the future (after 2007), a dynamic increase in the proportion of older people in the population is predicted.

Due to age characteristics, it is difficult for older people to adapt to changing socio-economic conditions. In various spheres of life, they need guaranteed assistance from the state. The process of population aging necessitates the adoption of measures aimed at both strengthening the social protection of older citizens and creating conditions for their active participation in society.

In relation to the elderly in the Russian Federation, health is protected, established state pensions and benefits, state support is provided through the system of social services and other guarantees of social protection.

Important for the creation of decent living conditions for older people are also constitutional norms on the right to housing, dignity of the individual, freedom of conscience and religion, private property, the right to receive qualified legal assistance, including free. Constitutional guarantees of the right to work fully apply to older people and do not contain any restrictions on age and the fact of having a pension.

The legislation of the Russian Federation, which implements these constitutional guarantees of the rights of older people, conditionally includes three types of norms:

Norms securing the rights of all citizens, regardless of age;

Norms directly related to the rights of older people and the obligations of the state, non-state structures and the family corresponding to these rights;

Norms governing the situation of special groups of older people (veterans, disabled people, various categories of older people depending on age).

According to the current Civil Code (CC), Family Code(UK) of the Russian Federation and a number of federal laws: “On the Fundamentals of Social Services for the Population in the Russian Federation”, “On Social Services for Elderly Citizens and the Disabled”, “On the Social Protection of the Disabled in the Russian Federation”, “On Veterans”, “On Public associations”, “On charitable activities and charitable organizations”, social legislation, addressed directly to the citizens of the elderly, began to comply with international standards in relation to the elderly. These laws are consistently developed in by-laws at the federal and regional levels. Similar work is being carried out at the level of the CIS member states.

Currently, the Russian Federation is considering the issue of possible cancellation of benefits with the provision of cash payments in return based on the cost of unprovided services included in the system of benefits. This proposal of the Government of the Russian Federation is due to the fact that a large number of benefits remain unused due to lack of demand and the impossibility of proper accounting. At the moment, there is an agreement between the interested parties on the mechanism for replacing benefits with cash payments.

The Civil Code of the Russian Federation contains a number of new rules relating to obligations arising from agreements on permanent and life annuity, life maintenance with a dependent, trust management of property. These types of contracts are used by older people who need additional sources of livelihood.

Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens (1993) contain a general definition of the concept of "elderly citizens", that is, those who have reached the age established by the legislation of the Russian Federation for the appointment of an old-age pension. They are assigned the right to medical and social assistance at home, in health care institutions, to drug provision, including on preferential terms. In the presence of a medical certificate, elderly citizens have the right to sanatorium treatment and rehabilitation on preferential terms or free of charge, as well as the right to free medical control for pensioners involved in physical culture.

The Constitution of the Russian Federation does not directly provide for the right of citizens to social services. However, in accordance with the general theoretical provisions, social services are an integral element of the constitutional right to social security (Article 39). The rights to social services designed to meet the special needs of citizens due to disability, including those due to age, are recognized as socially significant.

The adoption in 1995 of the aforementioned federal laws on social services strengthened the legal basis for the development of social services and contributed to the expansion of the network of social service institutions.

Social services for the elderly and disabled are carried out in accordance with the Federal Law of August 2, 1995 No. 122-FZ “On social services for the elderly and disabled” and is focused on the individual needs of older citizens, providing them with equal opportunities in receiving social services and on the priority of measures for social adaptation. Social services include a set of social services (care, catering, assistance in obtaining medical, legal, socio-psychological and natural types of assistance, assistance in vocational training, employment, leisure activities, assistance in organizing funeral services, and others) that are provided elderly citizens and disabled people at home or in social service institutions, regardless of ownership (Article 1).

Elderly citizens and the disabled are provided with the opportunity to receive social services sufficient to meet their basic vital needs, which are included in the federal and territorial lists of social services state-owned by the state (Article 4).

Social services for elderly and disabled citizens are carried out by decision of the social protection authorities in institutions subordinate to them or under agreements concluded by social protection authorities with social service institutions of other forms of ownership (Article 5).

Social services are provided subject to the voluntary consent (Article 9) of elderly and disabled citizens to receive social services, with the exception of cases provided for by the Federal Law under consideration.

Consent to social services for persons under 14 years of age, and persons recognized in the manner prescribed by law as incompetent, is given by their legal representatives after receiving information about the conditions for receiving such assistance. In the temporary absence of legal representatives, the decision on consent is made by the guardianship and guardianship authorities.

Placement in a stationary institution of social services for elderly citizens and the disabled is carried out on the basis of their personal written application and is confirmed by their signature, and persons under the age of 14 and persons recognized as legally incompetent - on the basis of a written application of their legal representatives.

The placement of elderly and disabled citizens in stationary social service institutions without their consent or without the consent of their legal representatives is allowed on the grounds and in the manner provided for in Art. 15 of the Federal Law under consideration, as well as the Law of the Russian Federation of July 2, 1992 No. 3185‑1 “On Psychiatric Care and Guarantees of the Rights of Citizens in its Provision”.

The rights of elderly citizens and disabled people living in stationary social service institutions are provided for in Art. 12:

Ensuring living conditions that meet sanitary and hygienic requirements;

Care, primary health care and dental care provided in an inpatient social service institution (if necessary, they are referred to specialized medical institutions);

Free specialized care, including dentures (without the use of precious metals), in state and municipal health care institutions, as well as free prosthetic and orthopedic care;

Socio-medical rehabilitation and social adaptation;

Voluntary participation in the medical labor process, taking into account the state of health, interests, desires in accordance with the medical report and labor recommendations; o medico-social examination, carried out for medical reasons, to establish or change the disability group;

Free visits by a lawyer, notary, legal representatives, representatives of public associations and a clergyman, as well as relatives and other persons;

Free assistance of a lawyer in the manner prescribed by applicable law;

Providing them with premises for the performance of religious rites, creating appropriate conditions for this, not contradicting the internal regulations, taking into account the interests of believers of various faiths;

Preservation of the residential premises occupied by them under a lease or lease agreement in the houses of state, municipal and public housing stocks within six months from the moment of admission to a stationary social service institution, and in cases where members of their families remain living in residential premises - during the entire time spent in this facility. In case of refusal of the services of a stationary social service institution after the expiration of the specified period, elderly citizens and people with disabilities who have vacated residential premises in connection with their placement in these institutions have the right to extraordinary provision of residential premises if they cannot be returned to the residential premises they previously occupied ;

Participation in public commissions for the protection of the rights of elderly and disabled citizens, created, among other things, in social service institutions.

Elderly citizens and people with disabilities living in stationary social service institutions may be hired for work available to them for health reasons, on the terms of an employment contract (Article 13).

Elderly citizens and disabled people working on the terms of an employment contract are provided with an annual paid leave of 30 calendar days.

Elderly citizens and disabled people living in stationary social service institutions may participate in medical and labor activities in accordance with medical recommendations in the manner determined by the Government of the Russian Federation.

Coercion of elderly citizens or disabled persons living in stationary social service institutions to medical labor activity is not allowed.

Forms of social service(Art. 16):

Social services at home (including social and medical services);

Semi-stationary social services in departments of day (night) stay of social service institutions;

Stationary social services in stationary social service institutions (boarding houses, boarding houses and other social service institutions, regardless of their name);

Urgent social services;

Social advisory assistance.

Among home social services provided by the federal list of state-guaranteed social services include:

Catering services, including home delivery of groceries;

Assistance in the acquisition of medicines, food and industrial essential goods;

Assistance in obtaining medical care, including accompaniment to medical institutions;

Maintaining living conditions in accordance with hygiene requirements;

Assistance in organizing legal assistance and other legal services;

Assistance in organizing funeral services;

Other home social services.

When serving elderly and disabled citizens living in residential premises without central heating and (or) water supply, the number of home-based social services provided for by the federal list of state-guaranteed social services includes assistance in providing fuel and (or) water.

In addition to home-based social services provided for by the federal and territorial lists of state-guaranteed social services, senior citizens and the disabled may be provided with additional services on the basis of full or partial payment.

Social and medical care at home(Article 18) is carried out in relation to elderly citizens and disabled people in need of home social services, suffering from mental disorders (in remission), tuberculosis (except for the active form), serious diseases (including cancer) in the late stages, with the exception of diseases listed in Part 4 of Art. fifteen.

Semi-residential social service(Article 19) includes social, medical and cultural services for elderly and disabled citizens, organizing their meals, rest, ensuring their participation in feasible work activities and maintaining an active lifestyle. Elderly and disabled citizens who need it and who have retained the ability to self-service and active movement, who do not have medical contraindications (the above diseases) for enrollment in social services, are accepted for semi-stationary social services.

The decision on enrollment in semi-stationary social services is made by the head of the social service institution on the basis of a personal written application of an elderly citizen or a disabled person and a certificate from a health care institution on his state of health.

Stationary social service(Article 20) is aimed at providing comprehensive social and welfare assistance to elderly citizens and the disabled, who have partially or completely lost the ability to self-service and who, for health reasons, need constant care and supervision.

Stationary social services include measures to create for the elderly and disabled citizens the most adequate living conditions for their age and health status, rehabilitation measures of a medical, social and therapeutic-labor nature, provision of care and medical assistance, organization of their recreation and leisure.

In order to improve the living conditions of the elderly and disabled in state and municipal stationary institutions of social services for the population, the President and the Government of the Russian Federation additionally adopted a number of regulations.

Elderly citizens and people with disabilities who have partially or completely lost the ability to self-service and need constant outside care, from among the especially dangerous recidivists released from places of deprivation of liberty and other persons who are subject to administrative supervision in accordance with the current legislation, as well as elderly citizens and disabled people who have previously been convicted or repeatedly brought to administrative responsibility for disturbing public order, engaged in vagrancy and begging, who are sent from the institutions of the internal affairs bodies, in the absence of medical contraindications and, at their personal request, are accepted for social services in special stationary social service institutions on the basis of decisions of local governments.

Elderly citizens and disabled people living in stationary social service institutions and constantly violating the procedure for living in them established by the Regulations on the social service institution may, at their request or by a court decision made on the basis of a recommendation from the administration of these institutions, be transferred to special stationary social service institutions. service.

Urgent Social Services(Article 22) is carried out in order to provide emergency assistance of a one-time nature to elderly citizens and disabled people who are in dire need of social support. It includes the following social services from those provided for by the federal list of state social services:

One-time provision of free hot meals or food packages to those in dire need;

Provision of clothing, footwear and other essentials; o one-time provision of financial assistance;

Assistance in obtaining temporary accommodation;

Organization of legal assistance in order to protect the rights of persons served;

Organization of emergency medical and psychological assistance with the involvement of psychologists and clergy for this work and the allocation of additional telephone numbers for these purposes;

Other urgent social services.

Social services (Article 24), included in the federal list of state-guaranteed social services, can be provided to citizens free of charge, as well as on the basis of partial or full payment.

Social services are provided free of charge:

Lonely elderly citizens (single married couples) and disabled people who receive a pension, including allowances, in the amount below the subsistence level established for the given region;

Elderly and disabled citizens who have relatives who, for objective reasons, cannot provide them with assistance and care, provided that the amount of the pension received by these citizens, including allowances, is lower than the subsistence minimum established for the given region;

Elderly citizens and disabled people living in families whose average per capita income is below the subsistence minimum established for the region.

Social services on the terms of partial payment are provided:

Lonely elderly citizens (single married couples) and disabled people receiving a pension, including allowances, in the amount of 100 to 150% of the subsistence minimum established for a given region;

Elderly citizens and disabled people who have relatives who, for objective reasons, cannot provide them with assistance and care, provided that the amount of the pension received by these citizens, including allowances, is from 100 to 150% of the subsistence minimum established for this region;

Senior citizens and disabled people living in families whose average per capita income is from 100 to 150% of the subsistence minimum established for the region.

Social services on terms of full payment are elderly citizens and disabled people living in families whose average per capita income exceeds by 150% the subsistence minimum established for the region.

Payments are collected from all categories of elderly and disabled citizens when additional social services are provided at their request that are not included in the federal and territorial lists of state-guaranteed social services.

The procedure and terms of payment for social services in the state and municipal sectors of social services are determined by the Government of the Russian Federation. Tariffs for social services rendered by state and municipal social service institutions are determined by the social protection authorities of the population of the constituent entities of the Russian Federation.

Payment for social services can be made at the expense of funds received from the sale or other alienation of property owned by elderly citizens and disabled people, including residential premises, securities and other property, on the basis of agreements concluded in accordance with the legislation of the Russian Federation.

Transactions on the alienation of residential buildings (residential premises) in order to pay for social services are made in the manner prescribed by the legislation of the Russian Federation, subject to the following conditions:

Preservation for an elderly citizen and a disabled person of the right to lifelong residence in an alienated residential building (residential premises) or providing him with other residential premises that meet the requirements of housing legislation, as well as the right to material security in the form of food, care and necessary assistance;

Obtaining the consent in writing of local authorities of social services for the population to complete the transaction.

An integral part of the policy of generating incomes for the elderly population are legally enshrined benefits that are inextricably linked with pensions, benefits and social services.

An example of a legislative act establishing social benefits for various categories of veterans is the Federal Law of January 12, 1995 "On Veterans". This law defines the main directions of the state policy towards veterans, establishes the status of veterans of various categories, establishes the creation of a state service for veterans, provides for the development and implementation of targeted state and local programs for the social protection of veterans. The provisions of the federal law are developed and concretized by a number of by-laws.

On the eve of the 55th anniversary of the lifting of the blockade of Leningrad, the Government of the Russian Federation adopted orders dated January 19, 1999 No. 98-r and dated July 15, 1999 No. 1123-r. These orders allocated material assistance to the defenders and workers of besieged Leningrad.

To preserve the principle of social justice, the system of social benefits for certain categories of citizens, including the elderly, requires reform, the development of mechanisms for a gradual transition to targeted social assistance.