A citizen who is in a difficult life situation, who is provided with social services in connection with this, is considered in the legislation on social services as a client of the social service.

Social services are actions to provide assistance to a social service client as provided for by the legislation on social services.

A difficult life situation is a situation that objectively violates life activities citizen (disability, inability to self-care due to old age, illness, orphanhood, neglect, poverty, unemployment, lack of specific place residence, conflicts and abuse in the family, loneliness, etc.) and which he cannot overcome on his own.

Social services are based on the following principles: targeting; availability; voluntariness; humanity; priority of provision social services minors in difficult life situations; confidentiality; preventive focus.

Activities in the field of social services for elderly citizens and people with disabilities are based on the principles:

respect for human and civil rights;

provision of state guarantees in the field social services;

ensuring equal opportunities in receiving social services and their accessibility for elderly citizens and people with disabilities;

continuity of all types of social services;

orientation of social services to the individual needs of elderly citizens and people with disabilities;

priority of measures for social adaptation of elderly citizens and disabled people;

responsibility of government bodies and institutions, as well as officials for ensuring the rights of elderly citizens and people with disabilities in the field of social services.

Social services must comply with state standards, which establish basic requirements for the volume and quality of social services, the procedure and conditions for their provision. The establishment of state standards for social services, which are mandatory for social services regardless of their form of ownership throughout the Russian Federation, is carried out in the manner determined by the Government of the Russian Federation.

In accordance with Art. 4 of the Law of the Primorsky Territory “On social services for the population in the Primorsky Territory” social services are based on the principles:

1) targeting;

2) accessibility;

3) voluntariness;

4) humanity;

5) confidentiality;

6) priority of providing social services to minors in difficult life situations;

7) continuity of all types of social services;

8) priority of measures for social adaptation of elderly citizens and disabled people.

Let's look at these principles in more detail.

Targeting of social services.

The most important principle of social protection is its targeting, that is, the implementation of a set of measures to support decent living conditions for specifically needy people who find themselves in difficult life situations, taking into account their individual needs and the ability to satisfy them in accordance with established criteria. It should be noted that in modern conditions, the provision of means of subsistence to old, sick people, as well as people in difficult life situations, is not always targeted and fair: benefits are often paid to people other than those to whom they should be allocated in the first place; pensions assigned are not fully take into account the length of service of citizens, a narrow list of social services, etc.

Targeted social protection, based on scientific methods and calculations and taking into account the individual difficult life situation of a particular person, is a means of ensuring social justice and a factor in activating his internal potential. Thanks to the principle of targeting, it is possible to achieve the main thing - to help people who find themselves in difficult life situations, to encourage and support their social initiative and activity, their desire to independently resolve problems that have arisen.

In the context of a deteriorating economic situation, a need arose for criteria for assessing the need for material assistance and mechanisms to ensure targeting.

The most optimal criteria for providing targeted social assistance are:

the size of the total family or average per capita income - it must be lower than the sum of the subsistence minimums established at the regional level for all family members by socio-demographic groups or the corresponding regional subsistence minimum (below the minimum wage, minimum pension, etc.). It should, however, be noted that using average per capita income as the only criterion, without taking into account the potential opportunities for clients to have additional income (for example, through secondary employment, renting out an apartment, car, garage, etc.), can stimulate dependency and does not contribute to the development of initiative and social activity of those in need;

lack of livelihood;

loneliness and inability to self-care;

material damage or physical damage (due to natural disasters, catastrophes, as a result of performance of official duties, etc.).

Based on such criteria, a data bank is created on a territorial basis about those in need of targeted assistance and assistance is provided. The criteria are based on social standards, which are scientifically based indicators of the level of consumption of the most important goods and services, the amount of monetary income and other data characterizing human living conditions.

Targeted assistance should be provided primarily to the following population groups:

disabled people of groups 1 and 2;

single pensioners and single married couples incapable of self-sufficiency;

elderly citizens aged 80 years and older;

orphans, graduates of orphanages and boarding schools;

families raising preschool children and disabled children;

large and single-parent families;

families of the unemployed;

persons in extreme situations (refugees, homeless people, internally displaced persons, persons affected by natural disasters, etc.);

persons who cannot receive sufficient income from labor for objective reasons (caring for a disabled family member, disability, etc.);

persons who do not have relatives obligated by law to support citizens incapable of self-care, etc.

The circle of people in need of social assistance can be expanded at the discretion of local authorities, taking into account the demographic, socio-economic, climatic and other characteristics of the region.

The financial situation of these categories of people in need must also be checked using social criteria.

The targeted nature of social protection makes it possible to more fully use the resources of society to provide assistance to a person, given that it is in society that the entire set of conditions and factors surrounding a person, constituting the field of his life activity and influencing his social well-being and lifestyle, is manifested.

The theoretical foundations of targeting are as follows. The general logic of restructuring the state’s social obligations involves a transition to the targeted principle of providing social assistance (primarily cash benefits). The domestic term “targeting”, the origin of which in the Russian Federation is unknown to us (presumably, it was introduced into circulation by specialists of the former Ministry of Social Protection in 1994), should have been closer to “targeting” assistance (that is, providing it strictly to target groups ), but is actually used to mean "income tested" or "means tested". Thus, targeting in our context means only one thing - providing benefits exclusively to those citizens who were able to confirm that their income did not exceed a certain threshold (also called a threshold value). The very line of need in those experimental schemes that have so far been implemented in Russia has been defined in different ways. This threshold value is most closely related to the capabilities of budgets, primarily regional and local, so the threshold invariably turned out to be below the subsistence level for the corresponding region (about 50% of the minimum).

At the same time, the distribution of benefits has so far been based almost exclusively on the categorical principle, that is, on the characteristics of citizens. It was precisely belonging to one or another category of the population that allowed citizens to receive social benefits (single mothers, pensioners living alone, etc.). A complete inventory of all categories is an extremely voluminous task, but according to one of the most common estimates in 1998, 100 million Russian residents classified as one of 256 “categories” could qualify for benefits.

This approach turned out to be ineffective in a number of ways, so the emphasis in solving the problem of social assistance was shifted to ensuring targeting. The inefficiency of the existing system is determined, in particular, by the following circumstances:

The share of people receiving social assistance among those who are not classified as current income poor is even higher than the share of recipients among the poor. The amounts of benefits paid among the poor and the “non-poor” practically do not differ from each other;

the share of social benefits relative to the total expenditures of poor families is negligible and does not exceed 2%;

Almost 90% of all poor families do not receive any social assistance.

In categorical schemes, attention is focused on the causes of poverty - it is assumed that most people can support themselves through work or receive an insurance benefit (pension) in the event of job loss, illness and old age. Means-tested benefits should be provided to those few people who are not included in these groups, and can be divided into disabled people, blind people, etc. At the heart of this approach is a distinction made between the “poor who deserve support” (for example, widows with small children) and those who do not. This approach was, for example, the basis of the New Deal in the United States in the 1930s. and the Poor Law in Great Britain. The classic Beveridge Report of 1942 identified 8 good causes of poverty.

Non-categorical schemes consider all the diverse groups of possible benefit recipients (including those who are able to provide for themselves, the very poor and everyone in between these “extremes” - these are the majority). These schemes focus on the outcome rather than the cause of poverty; classification can only be made in terms of the severity of need. It is generally accepted that the main disadvantage of these schemes is the need for income verification. All known methods turn out to be unfair to one degree or another and lead to very significant errors of inclusion - the provision of benefits to persons who are not poor, and errors of exclusion - the denial of benefits to the poor.

Means testing is an extremely expensive administrative procedure that is unlikely to be effective. The experience of developing countries shows that the use of any complex (but more reliable) methods is limited, first of all, by limitations - the lack of computer technology, office equipment and reliable communications. The full-scale use of more complex technologies is unlikely to be justified, since the volumes of funds that could even potentially be distributed through the social assistance system are, at best, comparable to the costs of “launching” the administrative procedure itself.

Targeting is also fraught with the fact that it sharply reduces the popularity of measures to combat poverty. For example, the transition from universal food benefits in Sri Lanka to food stamps for the poor in the late 1970s. led in subsequent years to a significant decrease in total funding. As a result, the poor got a larger piece of a smaller pie, making their situation worse.

Finally, it is necessary to realistically assess the possibilities of overcoming errors of inclusion and exclusion of applicants when targeting benefits. It is easy to see that a scheme that is perfect in terms of “targeting” will turn out to be so expensive that the additional costs of monitoring needs will many times exceed the economic effect of eliminating errors. Moreover, “inclusion” or “exclusion” itself depends largely on the adopted definition of poverty (for example, indicators such as severity, depth or poverty line). An error may arise from an incorrect use of the definition, in which case it will not be due to the use of an ineffective recipient selection procedure.

The difficulties associated with measuring income and the disincentives of means testing can be overcome to some extent by moving to "indicative targeting". With this approach, an indicator is selected that correlates well with poverty (for example, living in a certain area). The categorical approach can also be considered as an option for “indicative targeting” in the event that persons classified as recipients of a benefit or benefit are highly likely to be poor or needy. However, we will dwell on the question of the targeting of existing benefits and benefits below, and here we will only note that, unfortunately, judging by the available data, there is no high correlation between receiving benefits and the low level of income (“poverty”) of a household.

Geographical indicators have undoubted advantages - due to the huge interregional differences in living standards (the gap in average incomes between the “richest” and the “poorest” regions in Russia in recent years is 12 - 15 times, a huge differentiation of average per capita incomes also exists within individual subjects of the Russian Federation). It is quite easy to identify the most depressed areas. The experience of developing countries shows that place of residence can be considered a fairly effective indicator, especially if the geographical areas of poverty are clearly defined. For example, India's national budget distribution is partly determined by interregional differences in poverty levels; Regional targeting is actively used in China and Indonesia.

On the other hand, the disadvantages of geographic targeting include the possible “leakage” of funds to the “non-poor” who live in poor regions and the loss of funds that should have gone to the poor living in rich regions. In addition, geographic targeting cannot eliminate intraregional inequality in income distribution, the level of which is very high in a number of “poor” regions (in Russia, a low level of intraregional inequality in income distribution is characteristic only of the national republics of the North Caucasus). Finally, we have to take into account the greater political power of rich regions when distributing federal transfers.

An alternative to indicative (primarily geographic) targeting can be self-targeting, in which the program is organized in such a way that only poor families can have incentives to participate in it. According to formal characteristics, this organization of programs is close to the “declarative” principle of social assistance (in the formulation of the Russian social protection system).

The next question is related to determining the volume of income of the population and individual families(households). One of the difficulties in selecting the target population group eligible for social assistance is that the indicator of monetary income recorded by statistics, for a number of reasons, cannot be used to select the poor who really need help.

Generally speaking, income statistics can be obtained from two sources - macroeconomic (national accounts) and household budget surveys (HBS). In the macroeconomic method, income includes all funds received by the population, including in kind - wages, benefits (monetary value), social transfers, business income, dividends, Money transfers, income from renting out property, royalties, etc. Next, an estimate of on-farm consumption of household products is added to this amount.

Approximately the same scheme is used to construct an assessment in the UBI (initial information is collected during a household survey). At the same time, within the framework of UBI, not only income, but also expenses of families are assessed - it is believed that the latter serve as a more reliable statistical indicator (respondents underestimate their income, but are more relaxed about questions about expenses). In all CIS countries surveyed by the World Bank in 1993-1995, average expenditures were 20 percent or more higher than average incomes reported by households (for example, in Russia they were 23 percent higher).

The problem of reliability of income data is not limited to the existence of a gap between average income and average expenditure per household. In other words, not only is the data biased, it is also randomly biased.

Income data obtained through the macroeconomic method and through UBI are very contradictory. In almost all regions of Russia, there is a significant (albeit unevenly distributed between regions) gap between the level of income assessed by the balance sheet method and income calculated on the basis of budget statistics. Thus, there is significant uncertainty about what proportion of the population has incomes below the subsistence level.

Thus, it is necessary to operate with a complex definition of income that more closely corresponds to the well-being of individual households. At given prices, total income is nothing more than a measure of the capabilities of each person, his potential ability to consume various goods (both goods and services, and free time). In the language familiar to an economist, this is nothing more than a “generalized” budget constraint, with the help of which it is quite natural to measure inequality in the distribution of resources between different people: after all, if everyone’s preferences were identical, actual consumption would differ only due to unequal budget constraints.

The principle of targeting corresponds to such a form of social services as social services at home. Social services at home are one of the main forms of social services, aimed at maximizing the possible extension of the stay of elderly citizens and people with disabilities in their usual social environment in order to maintain their social status, as well as to protect their rights and legitimate interests.

Home-based social services included in the federal list of state-guaranteed social services include:

1) catering, including home delivery of food;

2) assistance in purchasing medicines, food and industrial goods of prime necessity;

3) assistance in obtaining medical care, including accompaniment to medical institutions;

4) maintaining living conditions in accordance with hygienic requirements;

5) assistance in organizing legal assistance and other legal services;

6) assistance in organizing funeral services;

7) other home-based social services.

When serving elderly citizens and disabled people living in residential premises without central heating and (or) water supply, home-based social services provided for by the federal list of state-guaranteed social services include 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, elderly citizens and disabled people may be provided with additional services on a full or partial payment basis.

Social services at home are provided by the relevant departments created in municipal social service centers or under the social protection authorities.

The procedure and conditions for enrollment in social services at home are determined by the federal executive body for social protection of the population.

Social and medical services at home are provided for elderly citizens and disabled people who are suffering from mental disorders(in remission), tuberculosis (except for the active form), severe diseases (including cancer) in late stages, with the exception of elderly citizens and disabled people who are bacteria or virus carriers, or if they have chronic alcoholism, quarantine infectious diseases, active forms of tuberculosis, severe mental disorders, sexually transmitted and other diseases requiring treatment in specialized healthcare institutions, which may be denied social services at home.

Social and medical services at home are provided by specialized departments created in municipal social service centers or under social protection authorities.

Semi-stationary social services include social, medical and cultural services for elderly citizens and the disabled, organizing their meals, recreation, ensuring their participation in feasible work activities and maintaining an active lifestyle.

Semi-stationary social services are accepted for elderly and disabled citizens in need who have retained the ability for self-care and active movement and who have no medical contraindications for enrollment in social services.

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

Semi-stationary social services are provided by day (night) departments created in municipal social service centers or under social protection authorities.

Availability of social services.

One of the most important aspects of the activities of social services is accessibility, since these services are created for people who do not have the means, and maybe even the strength, to resolve this or that situation, to cope with this or that activity. Social services provide services that the population needs free of charge or for a reasonable fee. Services should be as close as possible to the client geographically and represent a different range of services. True, in some services these services are provided to strictly limited segments of the population.

Voluntariness of social services.

It is not possible to force a child back into a normal, healthy life. This requires his desire. This means: in order to begin providing assistance and correctional work with each teenager, his consent to cooperate with the specialists providing assistance to him, as well as with other clients applying for certain help at any social assistance institutions is required. But there are exceptions here, which are stated in the law; if there is a threat to life and safety, especially children, this principle can not be taken into account.

For example, inpatient social services correspond to this principle. Inpatient social services are aimed at providing comprehensive social and everyday assistance to elderly citizens and disabled people who have partially or completely lost the ability to self-care and who, for health reasons, require constant care and supervision.

Inpatient social services include measures to create living conditions for elderly citizens and people with disabilities that are most adequate to their age and health status, rehabilitation measures of a medical, social and medical-labor nature, provision of care and medical assistance, organization of their rest and leisure.

Inpatient social services for elderly and disabled citizens are provided in inpatient social service institutions (departments) profiled in accordance with their age, health and social status.

Elderly citizens and disabled people living in inpatient social service institutions have the right to:

providing them with living conditions that meet sanitary and hygienic requirements;

nursing, primary health care and dental care provided in a residential social service facility;

free specialized care, including dental prosthetics (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 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 the disability group;

free visits by their lawyer, notary, legal representatives, representatives of public associations and clergy, as well as relatives and other persons;

free assistance from a lawyer in the manner prescribed by current legislation;

providing them with premises for the performance of religious rites, creating appropriate conditions for this that do not contradict the rules internal regulations, taking into account the interests of believers of various faiths;

preservation of residential premises occupied by them under a rental or lease agreement in houses of state, municipal and public housing funds for six months from the date of admission to a stationary social service institution, and in cases where members of their families remained living in the residential premises - for the entire time spent in this institution. In case of refusal of the services of a stationary social service institution after the expiration of the specified period, elderly citizens and disabled people who have released
residential premises in connection with their placement in these institutions have the right to priority provision of residential premises if the previously occupied residential premises cannot be returned to them;

participation in public commissions to protect the rights of elderly citizens and people with disabilities, created, including in social service institutions.

Disabled children living in inpatient social service institutions have the right to receive education and vocational training in accordance with their physical capabilities and mental abilities. This right is ensured by organizing special educational institutions (classes and groups) and labor training workshops in stationary social service institutions in the manner prescribed by current legislation.

It is not permitted to place disabled children with physical disabilities in inpatient social service institutions intended for the accommodation of children with mental disorders.

Elderly citizens and disabled people living in state and municipal social service institutions and in need of specialized medical care are sent for examination and treatment to state or municipal health care institutions.

Elderly citizens and disabled people living in inpatient social service institutions have the right to freedom from punishment. For the purpose of punishing elderly and disabled citizens or creating convenience for the staff of these institutions, the use of medicines, means of physical restraint, as well as isolation of elderly and disabled citizens is not allowed. Persons guilty of violating this norm bear disciplinary, administrative or criminal liability established by the legislation of the Russian Federation.

Labor activity of elderly citizens and disabled people living in stationary social service institutions. Elderly citizens and disabled people living in inpatient social service institutions can be hired for jobs available to them due to health conditions, under the terms of an employment contract.

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

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

Forcing elderly citizens or disabled people living in inpatient social service institutions into medical and labor activities is not allowed.

Refusal of services from an inpatient social service institution. Elderly citizens and disabled people who are in stationary social service institutions have the right to refuse the services of these institutions, with the exception of citizens who are deprived of care and support from relatives or other legal representatives and are not able to independently satisfy their vital needs (loss of ability to self-care and (or) active movement) or are recognized as legally incompetent.

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

Humanity of social services.

Humanity is, first of all, a tolerant attitude towards the client, and it doesn’t matter what he is - a tramp, a pensioner who does not let him say his word, a person who blames everyone for everything, and so on. They all need to be listened to and given the necessary attention and support.

An example of this principle of social service is urgent social assistance. The most common type of social support for the population in non-stationary conditions remains urgent social assistance. Last year, emergency social services helped 10 million people.

Another equally popular type of support for the elderly and disabled remains social services in home settings. By the end of 2004, there were more than 11 thousand social service departments at home in the country and over a million people regularly received assistance. Despite the fact that there are regions where the number of citizens served has decreased, in the whole country an additional 18 thousand people were accepted for home-based services. About 42 percent (436 thousand people) of all those served in home-based settings live in rural areas.

In a number of regions, specialized departments of social services at home began to be created, for example, for citizens with impaired hearing (in the Novosibirsk, Tula regions). Social workers are successfully mastering the skills of sign language interpretation.

In the Lipetsk region, services for pensioners are organized through canteens at home. Social workers undergo special professional training at culinary schools and receive diplomas as culinary specialists. With the help of nutritionists, special diets are being developed that take into account the age and lifestyle of pensioners. In the same Lipetsk region, 4 charitable pharmacies have been opened, providing citizens receiving social services with free or significant discounted medications, subsidized from funds received from the provision of paid services and sponsors.

The development of a network of specialized departments of social and medical services at the place of residence continues: their number has increased from 850 to 1007, and the number of citizens served has increased from 58 to 81 thousand people.

A remarkable fact: in Russia as a whole, out of every 10 thousand pensioners, an average of 294 people used all types of home care in 1999.

Another fact is more disappointing than joyful: in 84 constituent entities of the Federation, the number of citizens served on a paid basis has decreased. An explanation for this may be the increase in the level of the cost of living against the backdrop of the low amount of pensions received, which entails the transfer of citizens to the category of persons receiving services for free. A system of paid services has not been introduced at all in the Republic of Sakha (Yakutia), Moscow, and the Nenets Autonomous Okrug, although paid services are an additional source of funding for the social service system for elderly and disabled citizens and an incentive to improve its quality.

The financial situation in the country could not but affect the pace of development of the network of social service centers for elderly citizens and the disabled. During 1999, only 64 additional such institutions were put into operation, while in 1997 and 1998 - 147 and 98, respectively.

In a number of regions there are subsidiary farms. So, in the Leninsky district Volgograd region By agreement with farmers and forestry, the social protection department was allocated 80 hectares for planting potatoes, 58 hectares for haymaking. Together with the disabled people's societies and the regional veterans' council, a team of 10 pensioners has been organized, who prepare and sell hay at a reduced price to pensioners.

In the Astrakhan region, an experiment was conducted to provide social support for pensioners in two districts. Its essence is that post offices purchase goods at minimum wholesale prices. For pensioners who are unable to visit post offices where goods are sold at wholesale prices, the goods are delivered to their homes upon their order by social service workers. Public organizations have been involved to implement this resolution.

Social taxi services are being created in the regions. In the Lipetsk region, disabled people of the Great Patriotic War and other categories of citizens enter into service agreements with social protection authorities. Payment for car services for pensioners is made at a reduced price. For persons entitled to receive a vehicle based on the conclusion of the medical and social examination service, social taxi services are provided within the norm determined by the amount of compensation for gasoline costs.

In Moscow, at the Presnensky social service center, they provide free car washing services for cars that are personally owned by war and labor invalids or issued to them on preferential terms and who live in the territory served by this center. The social car wash is supported by income received from business activities: it provides paid services to citizens and organizations.

In many regions, together with health authorities, nursing care departments, gerontological wards, and mercy wards are being created. They are mainly organized as structural units of social service centers based in municipal health care institutions.

Positive dynamics are noted in the development of a network of special homes for lonely elderly people. During the year, 68 special residential buildings were put into operation. This form of social support for pensioners and disabled people is most widespread in the Irkutsk region, Chuvashia, Altai and Krasnoyarsk territories.

As a rule, the architectural and planning solutions of these houses take into account the age characteristics of older citizens. Small mechanization is used in the houses, allowing them to maintain themselves independently. To organize the most favorable living conditions for the elderly and disabled in such houses, social and welfare complexes are opened (medical centers, hairdressers, reception centers for washing clothes, repairing clothes, shoes, public catering points, ordering tables are organized). Approximately every fourth home has social service departments at home.

It is typical that in many regions there is a search for new options for creating an optimal living environment for older people. In many districts of the Chita region, regulations on social apartments have been adopted.

For many years, in the cities of Stary Oskol and Shebekino, Belgorod Region, there have been branches of contractual services at home on the terms of lifelong maintenance with the subsequent transfer of housing to the social protection authority. The agreement provides for the daily service of wards by a social worker and the provision of social services according to an expanded list. In addition, monthly payments for utilities are made towards the contract amount.

In the Astrakhan region there is an entire department organized from freelancers from among the unemployed, registered with the city employment center and sent to public works under a contract. This department serves 98 people. The system of interaction between the Department of Social Protection of the Population of Astrakhan, the Social Support Fund and the Employment Center makes it possible to solve the problem of employment for the unemployed, on the one hand, and the problem of helping single elderly and disabled people, on the other.

Recently, in the regions there has been a noticeable increase in interest in improving the professional training of workers in non-stationary social service institutions, which naturally has a positive effect on the quality of care. The main directions of this work are training, retraining and advanced training, including through the targeted direction of applicants to higher education educational establishments and technical schools.

Skill competitions are held for employees of non-stationary social service institutions for the elderly. This is an important element of professional development. Competitions help expand contacts, develop creative initiative, exchange new working methods, and draw attention to life problems people of the older generation, increasing the prestige of the social worker profession.

In the regions of the Primorsky Territory, social services for elderly citizens and the disabled have been established in recent years. Let's give specific examples.

The comprehensive center for social services for the population of the city of Lesozavodsk and the Lesozavodsky district of the Primorsky Territory is under the jurisdiction of the department of social protection of the population of the administration of the municipal formation of Lesozavodsk and the Lesozavodsky district.

The structure of the center includes departments of social services at home, a department of urgent social services, and a department of social assistance to families and children.

The basis of the activities of the comprehensive center for social services for the population is home-based service. This form of assistance covers 290 pensioners living in the city of Lesozavodsk and the villages of the region: Panteleimonovka, Nevskoye, Ruzhino, Tamga, Kurskoye, Glazovka, Tikhmenevo, Filaretovka, Innokentyevka, TurgeNeve. Of those served, 159 people live in rural areas and urban areas that do not have public amenities. 198 people are served on a partial payment basis. The amount of funds received from payments for social services is about two thousand rubles per month.

In total, 39 social workers work in home social service departments. In addition, 10 people work under labor agreements. The average workload per social worker in rural areas (or the urban sector without public amenities) is 5.5 people, in urban areas - 10 people. Social workers of social service departments at home provide social services provided for by the List of guaranteed social services provided to elderly citizens and disabled people by state and municipal social service institutions, approved by the decree of the regional governor dated May 22, 1997 No. 218 “On the provision of social services in the Primorsky Territory services to elderly citizens, disabled people, and people in difficult life situations.” The range of concerns of social workers is not limited to the provision of social services at home. They provide assistance to village administrations in organizing social work in locality; conduct surveys of the material and living conditions of village residents, issue various types of material assistance, communicate with schools in order to attract teenagers to assist pensioners, participate in the preparation and holding of public events, etc.

Priority in providing social services to minors in difficult life situations.

Creating a rehabilitation space puts the interests of the child at the forefront. The task is to effectively protect the interests of the minor, his rights and freedoms. This means that in all controversial situations in which there is a conflict of interests of adult citizens and minors, the social space always sides with the interests of the minor. His behavior that does not correspond to social norms is primarily caused by problems within our society, and should be perceived not as crime, but as a social disease, not always understandable to the child himself, but always felt by him and the world around him in one form or another.

Social service confidentiality.

This principle is due to the fact that in the process of their work, social work specialists become aware of information about the client, which, if disclosed, can cause harm to him and his loved ones, discredit and discredit them. This is information about illnesses, negative habits, mental illness, family conflicts, criminal past or present. Such information may only be used for professional purposes; it should not be disclosed except in cases provided for by law and related to the possibility of violence or harm to any person, especially children.

Preventive orientation of social services.

Preventive focus: involves taking steps to prevent the emergence of social problems and life difficulties of clients or to prevent the aggravation of existing problems. Practice shows that preventing a social disaster is always easier than subsequently making efforts to eliminate its diverse consequences. For example, preserving the family and school connections of children who find themselves in a state of disadaptation will have a more favorable and pragmatic effect than subsequently fighting child vagrancy, crime, etc.

Respect for human and civil rights.

All rights on the territory of the Russian Federation are enshrined in the Constitution of the Russian Federation, namely Art. 17. Special rights to social services in social services are enshrined in Art. 7 of the Federal Law “On the Fundamentals of Social Services for the Population in the Russian Federation”.

Continuity of all forms of social services.

This principle implies that all social services for the population should work in some kind of system under one leadership with a very well-functioning system of mutual support and mutual information for quick and successful work with the client who has applied.

As an example of the operation of this principle, I would like to give as an example a comprehensive center for social services for the population of Lesozavodsk and the Lesozavodsky district of the Primorsky Territory.

The main activities of the Center for social services at home are regulated by the orders of its director. Thus, enrollment in social services at home is carried out by order of the director of the center in accordance with the Procedure and conditions for enrollment of elderly citizens and disabled people in social services at home (approved by the relevant order of the Department of Social Protection of the Population of the Primorsky Territory Administration dated October 17, 1995 No. 130) on on the basis of a written application from citizens, a conclusion from a medical institution about the state of health and the absence of contraindications to enrollment in social services at home, a material and household inspection report that reflects the types of social and medical services necessary for the person being served to ensure his life, and other documents provided for called the Procedure. Documents for each of the served are stored in their personal files in the Center. One copy of the contract of the serviced person with the Center is stored here, which stipulates the conditions for the provision of services and their scope. Agreements are concluded with all served, regardless of the conditions for the provision of services.

To monitor the quality of service, each social worker keeps regular records of the amount of work performed in a special diary and submits it for systematic verification by the head of the department; Heads of departments also visit those served at home, weekly individual interviews are held with social workers, and once a month there are general planning meetings for social workers.

In order to bring social assistance closer to the population, the Center organizes visiting teams of specialists to serve rural residents. The teams include managers and specialists of the Center’s departments, the department of social protection of the population, hairdressers, employees of the order desk and the collection point. Locally, families and single citizens registered as low-income are re-registered, consultations are provided on issues of social protection of the population and pensions, surveys are conducted and financial assistance is provided, and household services are provided.

Bonds of cooperation connect the Center with the central city hospital. In accordance with the resolution of the head of the municipality and on the basis of the agreement on joint activities a medical and social care department for 25 places was created in the gerontological department of the Central City Hospital. Here, in just one year, 386 elderly and disabled citizens received social rehabilitation services.

Employees of the emergency social services department provide services to provide those in dire need with free hot meals, provide various types of assistance in the form of cash, food, clothing, shoes, assistance in obtaining housing in a city overnight home, restoring work experience, lost documents, registration pensions. Specialists help restore connections with former colleagues, public organizations, establish contacts with relatives, adapt to a new social status or in connection with negative experiences (illness, disability, loss of relatives). The emergency social services department, which employs three people, served 3,832 people during the year, incl. 700 people received coupons for free meals at the canteen of the Miloserdiye Social Support Fund.

Since 2000, the emergency department has operated a vehicle rental service with 9 wheelchairs at its disposal. According to the Regulations on the vehicle rental point, this type of service is provided on the basis of an agreement concluded between the Center and the citizen or his legal representative for the rental of vehicles free of charge or on a paid basis.

In addition, the department has opened a collection point, exchange and consignment sale of clothing, whose employees collect items from the population.

In 2000 at the station. In Ruzhino, a branch of the Center was opened on the ground floor of a residential building. Its main goal is to bring social services closer to the population. One of the areas of activity is consulting on social service issues. For this purpose, a public reception has been opened at the branch, where every Wednesday specialists from the social protection department receive citizens on issues of social protection and pension services. In addition, the branch provides social services for repairing and sewing clothes, small and medium-sized shoe repairs, hairdressing services, and operates an order desk to provide pensioners with food at wholesale prices.

In addition, the named branch serves as a cultural and leisure center. A Club of Interests was created under him. As part of the club's activities, exhibitions of folk art products and competitions of amateur artists are held. There is a “Good Meetings Club”, whose members organize and conduct events dedicated to memorable dates, with the participation of people with an interesting, unusual destiny living in the city and region.

Priority in providing services to the elderly.

The Law of the Komi Republic “On Social Services for the Population in the Komi Republic” adds priority to the provision of social services to the elderly to minors enjoying the right of priority in the provision of social services. This is due to the existing demographic situation – the aging of the nation. In the Komi Republic there is even a law “On social services for the elderly.

The principle of equal opportunity.

This principle indicates the legality of providing for all citizens of the Russian Federation and the right to provide them with social services.

Responsibility of government bodies, social services and their officials for non-compliance with state standards and republican standards for social services. The principle was introduced quite rightly because some officials do not comply with the norms prescribed in laws and regulations.

Having examined the principles of social services, we can come to the conclusion that it is necessary to develop control mechanisms that regulate compliance with these principles by social service workers.

The above principles indicate how social services should operate. All principles must work and contribute to the development of social services throughout the Russian Federation.

So, the activities of social services are based on the principles: targeting; availability; voluntariness; humanity; priority of providing social services to minors in difficult life situations; confidentiality; preventive focus; continuity of all forms of social services; priority of providing services to the elderly; equal opportunities; responsibility of government bodies, social services and their officials for non-compliance with state standards and republican standards for social services.

An integral element of the state social security system in the Russian Federation is social services for the elderly, disabled, families with children and other categories of the population, which includes different kinds social services aimed at meeting their needs.
The legal framework necessary for the implementation of social services is made up of Federal laws addressed to various groups of the population - the elderly, disabled people, veterans, children, refugees, internally displaced persons and others.
The framework law establishing the basis for the legal regulation of relations in the provision of social services is Federal Law No. 195 of December 10, 1995 “On the fundamentals of social services for the population in the Russian Federation.”
Social service represents the activities of social services for social support, provision of social, social, medical, psychological, pedagogical, social and legal services and material assistance, carrying out social adaptation and rehabilitation of citizens in difficult life situations.
For the first time, domestic legislation has formulated the concept of such a socially significant circumstance as a difficult life situation, which does not relate to traditional social risks. For example, abuse in the family has nothing to do with the loss of earnings (income from work) or additional costs for maintaining disabled family members, but, of course, raises the need for child protection by the state and society.
Difficult life situation- a situation that objectively disrupts the life of a citizen, which he cannot overcome on his own. The reasons for its occurrence can be a variety of circumstances: disability, old age, illness, orphanhood, abuse in the family, unemployment, lack of a specific place of residence, etc. (Appendix. Fig. 42.)
Figure 42. State social services

Citizens of the Russian Federation have the right to social services; foreigners and stateless persons permanently residing in the Russian Federation, unless otherwise established by international treaties of the Russian Federation.
Social services, as part of the social security system, are jointly administered by the Russian Federation and its constituent entities. The powers of federal government bodies include establishing the foundations of federal policy and adopting federal laws in the field of social services, as well as monitoring their implementation. The government bodies of the constituent entities of the Russian Federation, outside the powers of the federal government bodies, carry out their own legal regulation of relations regarding social services for the population. The powers of government bodies of the constituent entities of the Russian Federation include: development, financing and implementation of regional social service programs; determining the structure of social service management bodies and organizing their activities; creation, management and maintenance of the activities of social service institutions, etc.
Social services are based on the following principles:
1) Targeting, i.e. provision of social services to a specific person in accordance with his needs. Work to identify and create a data bank of such persons is carried out by social protection authorities at their place of residence. Public education authorities also have information about orphans, large and single-parent families; about refugees - the migration service, about persons without a fixed place of residence - internal affairs bodies, etc.
2) Availability, those. provision of social services free of charge or with partial payment of the cost in accordance with territorial lists approved by the highest executive authorities of the constituent entities of the Russian Federation. Lists of social services are determined taking into account the needs of the population groups for which they are intended. The services included in the lists are financed from the budget of the constituent entity of the Russian Federation. The quality of services must meet state standards.
3) Voluntariness means that social services are provided only on the basis of an application from an interested person or his legal representative, a government body, a local government body or a public association. You can stop receiving social services at any time.
4) Humanity implies that persons living in residential institutions have the right to freedom from punishment. The use of medications, physical restraints, or isolation for the purpose of punishment or creating convenience for personnel is not permitted. Employees of inpatient institutions who commit these violations bear disciplinary, administrative or criminal liability.
5) Priority for provision to minors due to the increased social vulnerability of children due to age. The welfare state sets as its priority the special care of all children, including those who find themselves in difficult life situations.
6) Confidentiality, means that personal information that becomes known to employees of social service institutions during the provision of social services constitutes a professional secret. Employees guilty of disclosing it bear liability established by law.
Students should pay attention to the principles Special attention, because they form the basis of the legal status of the individual in the field of social services.
The legislation provides for the following types of social services:
- material aid;
- social services at home;
- inpatient social services;
- temporary shelter;
- day stay in social service institutions;
- advisory assistance;
- rehabilitation services (Appendix. Fig. 42.) .
Material assistance is provided to citizens in difficult life situations in the form of cash, food, sanitation and hygiene products, child care products, clothing, shoes and other essential items, fuel, as well as special vehicles, technical means for the rehabilitation of disabled people and persons in need of external care.
Social service institutions provide consultations on issues of social, social and medical support for life, psychological and pedagogical assistance, and social and legal protection. Resolution of the Government of the Russian Federation dated August 22, 2005 No. 534 “On conducting an experiment to create a state system for providing free legal assistance to low-income citizens” approved the Regulations on the provision of such assistance.
Social services are provided in government institutions for free:
1) persons who are incapable of self-care due to old age, illness, disability, who do not have relatives who can provide them with help and care, if their average per capita income is below the subsistence level established in the constituent entity of the Russian Federation where they live;
2) persons who find themselves in difficult life situations due to unemployment, natural disasters, catastrophes, armed and interethnic conflicts;
3) minor children.
Paid social services are provided by state social services in the manner established by state authorities of the constituent entities of the Russian Federation. Non-state social institutions provide social services on a paid basis in a manner approved by them independently.
Social security law regulates only those relations that arise in connection with the provision of free or partially paid services. The conditions for the provision of paid services are regulated by civil law.
All types of social services provided by both state (or municipal) institutions and individual entrepreneurs or commercial organizations must comply with the standards approved by the Decree of the State Standard of the Russian Federation dated November 24, 2003.
Students need to know the basis for the provision of social services, types of social services, the rights and responsibilities of subjects of social services, and be able to reveal the content of the principles of social services.

Panov S.L., Associate Professor of the Department of Criminology of the Omsk Academy of the Ministry of Internal Affairs of Russia, Candidate of Legal Sciences.

The article discusses the principles of the activities of social services of the Russian Federation in social support, provision of social, social, medical, psychological, pedagogical, social and legal services and material assistance, carrying out social adaptation and rehabilitation of citizens in difficult life situations.

Key words: social services, principles of social services, citizen’s right to social services, subjects of social services.

The article considers the principles of activity of social services of the Russian Federation aimed at social support, rendering social, social-medical, psychological-pedagogy, social-law services and material aid, social adaptation and rehabilitation of citizens being in difficult life situations.

Key words: social service, principles of social service, right of citizen to social service, subjects of social support.

The social side of human life, the state and society is a set of necessary and sufficient conditions for human life as a biological and social being. The main criterion social development society stands for human well-being.

The strategic goal of the welfare state is to ensure the right of every person to such a standard of living and social services, which is necessary to maintain the health and well-being of himself and his family, and the right to security in the event of unemployment, illness, disability, old age and other loss of livelihood due to circumstances beyond his control.

Social service represents the activities of social services of the Russian Federation in social support, provision of social, social, medical, psychological, pedagogical, social and legal services and material assistance, social adaptation and rehabilitation of citizens in difficult life situations.

The implementation of a consistent and effective state policy on social services for citizens of the Russian Federation must be based on compliance with certain fundamental principles.

According to the Russian language dictionary S.I. Ozhegova, “a principle is the basic, initial position of any theory, teaching, science, etc.” . Thus, it can be argued that the principles in this case are guidelines developed by practice, enshrined or reflected in special regulatory legal acts, in accordance with which the activities of various entities are carried out within the framework of their competence in providing social services to citizens.

The basic principles of social services for citizens are enshrined in Art. 5 of the Federal Law "On the Fundamentals of Social Services for the Population in the Russian Federation":

1. targeting;
2. accessibility;
3. voluntariness;
4. humanity;
5. priority of providing social services to minors in difficult life situations;
6. confidentiality;
7. preventative.

The principles listed in the Law are fundamental in the implementation of social services for the population of the country. Unfortunately, the principles listed by the Law are only declared, and their content is not disclosed. Besides, Practical activities for social services to the population may be based on other principles depending on the type of institution and enterprise, the content of services, etc., as well as the interpretation of existing ones.

In this regard, the author of the article has made an attempt to reveal the content of both the principles listed in the Law and to discuss the significance of other grounds in the activities of the relevant structures for social services to citizens. Let's consider the principles listed in Federal Law N 195-FZ.

Social service activities for citizens are carried out in accordance with the principle targeting, since it is aimed at providing assistance to a certain category of persons, namely:

• citizens in difficult life situations;
• disabled people and persons with disabilities who need outside care;
• citizens who have partially lost the ability to self-care due to old age;
• orphans, children without parental care, neglected minors;
• citizens who have suffered from physical or mental violence, natural disasters, as a result of armed and interethnic conflicts;
• other persons in need of professional, social, medical and psychological assistance.

Principle accessibility social services for citizens is expressed as follows:

• in the state guarantee of the rights of Russian citizens to social services in the main types: financial assistance, home assistance in the form of social, social and medical services, temporary shelter in a specialized institution, etc.;
• in the equality of rights to social services that both citizens of the Russian Federation and foreign citizens permanently residing in the country have;
• in state provision of the rights of citizens of the country to receive free information in the social service system about the opportunities, types, procedures and conditions of social services;
• in the possibility of certain categories of citizens (for example, elderly people, minors in difficult life situations, etc.) receiving free social services in the state system of social services;
• in the possibility of receiving social services both at home (for example, seriously ill persons, disabled people, etc.) and in stationary social service institutions.

Principle voluntariness in the field of social services for Russian citizens is manifested in the fact that when receiving social services, citizens have the right to:

• independent choice of institution and form of social services in the manner established by the social protection authorities of the constituent entities of the country: both from among government organizations and citizens engaged in entrepreneurial activities in social services to the population without forming a legal entity;
• information about your rights, obligations and conditions for the provision of social services;
• consent to social services or refusal of social services.

Placement of citizens in inpatient social service institutions without their consent or without the consent of their legal representatives is permitted only on the grounds and in the manner provided for by Federal laws (for example, “On social services for elderly and disabled citizens”, “On psychiatric care and guarantees of the rights of citizens” when it is provided").

In addition, the decision on the issue of forced placement of certain categories of citizens (for example, persons who are unable to independently satisfy their living needs) is within the competence of the court and only upon the proposal of the social protection authorities.

Activities for social support of the country's population should be carried out in accordance with the principle humanism, proclaiming a person, his life and health as the highest values, the protection of which constitutes the meaning and moral content of social services in the Russian Federation. Consequently, citizens in need of social assistance have the right to respectful and humane treatment from employees of social service institutions.

The implementation of the principle of priority provision of social services to minors in difficult life situations is directly related to the creation of conditions for the active inclusion of children and adolescents in the socio-economic and cultural life society; the need to improve activities to implement measures aimed not only at expanding, but also at improving the system of social service institutions, improving the quality and availability of social services for minors in difficult life situations, as well as preventing social ill-being in families with children.

Social services to the population are carried out in accordance with the principle privacy- personal information that becomes known to employees of a social service institution during the provision of social services constitutes a professional secret. Employees of social service institutions guilty of disclosing professional secrets are liable in the manner established by the legislation of the Russian Federation (for example, under Article 137 of the Criminal Code of the Russian Federation for violating the inviolability of privacy). Social service activities should be carried out in accordance with the principle preventative and focus on maintaining human health,

improvement of the institution of family, protection of motherhood and childhood as the basis for the life of society, with priority implementation of preventive, sanitary-hygienic and health-improving activities and procedures.

Let's start characterizing other grounds for social services for citizens with an analysis of the principle legality in the activities of the country's social services.

Principle legality is expressed in the fact that social services for the population in the Russian Federation are carried out (regulated) in accordance with the Constitution of the Russian Federation, generally accepted principles and norms of international law, with the requirements of federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts acts of the subjects of the country.

Implementation of the principle scientific character is associated with the implementation of regular monitoring of the situation in the field of social services for citizens in the Russian Federation and individual regions of the country. Such studies should be carried out by the most competent specialists in this field on a regulatory and legal basis and should be considered as the basis for adjusting and improving social preventive programs and measures for the social security of citizens.

Principle social justice is manifested in the fact that social services are provided and guaranteed by the state to all eligible citizens, regardless of gender, race, nationality, language, origin, official position, place of residence, attitude to religion, beliefs, and other circumstances.

Principle respect for rights and legitimate interests when providing social services to the population, it manifests itself in the following:

Firstly, vesting the persons served with a wide range of rights: ensuring living conditions that meet sanitary and hygienic requirements; health and dental care; socio-medical rehabilitation and social adaptation; free visits by their lawyer, notary, clergyman, relatives; providing them with premises for performing religious rites, etc.;

Secondly, elderly citizens and disabled people living in stationary social service institutions have the right to freedom from punishment: for the purpose of punishment or creating convenience for the staff of these institutions, the use of medicines, means of physical restraint, and their isolation in relation to the persons served is not allowed.

In addition, social services must comply with state standards, which establish basic requirements for the volume and quality of social services, the procedure and conditions for their provision.

Principle variations social service system for the population is expressed in the fact that this system is based on the use of support and development of all forms of ownership and consists of state and non-state social service sectors. State social service institutions, being legal entities, carry out their activities in accordance with the legislation of the country. These institutions are not subject to privatization and cannot be repurposed for other types of activities.

The non-state social service sector unites social service institutions whose activities are based on a non-state form of ownership, as well as persons carrying out private activities in the field of social services without forming a legal entity. The non-state social service sector includes public associations, including professional associations, charities and religious organizations, whose activities are related to social services for citizens.

Principle efficiency in the activities of social services to the population is manifested in the fact that the provision of social assistance is carried out by specialists who have professional education, meet the requirements and nature of the tasks performed, have experience in the field of social services and are inclined by their personal qualities to provide social services to citizens.

Principle economic feasibility and security social services is as follows:

1. financial support of social service institutions is an expenditure obligation of the constituent entities of the Russian Federation;
2. social service institutions have the right to conduct entrepreneurial activity only for the purpose of constant, comprehensive and high-quality provision of social security services to the population of the country;
3. entrepreneurial activities of social service institutions are subject to preferential taxation in the manner established by the legislation of the Russian Federation;
4. social services, in the manner established by the legislation of the Russian Federation, are provided with land plots and property necessary to fulfill their statutory tasks;
5. employees of social service institutions (for example, doctors, teachers, etc.) of the state system of social services who directly provide social assistance can exercise the right to receive social support in the manner and under the conditions provided for by the laws and other regulatory legal acts of the constituent entities of the country.

Translation into social service activities principle of personal responsibility assumes, on the one hand, the onset of liability (disciplinary, civil, etc.) of persons engaged in the field of social services in accordance with the legislation of the Russian Federation, if their actions (inaction) entailed consequences dangerous to the life and health of the social service client or other violation of his rights; and on the other hand, actions (inaction) of social services can be appealed by a citizen, his guardian, trustee, or other legal representative to state authorities, local governments or to court.

State policy in the field of providing social services to citizens must meet the requirements orderliness, consistency and continuity measures taken to further improve and streamline the activities of all entities in this direction.

The implementation of activities by various subjects of the country for social services to the population in accordance with the principles considered, on the one hand, will ensure the realization of the rights of citizens who need help for a decent existence, and on the other, will serve to strengthen the opinion of the international community about the Russian Federation as a country with a socially oriented internal policy .

Literature

1. Barkov A.V. Social services in conditions market economy: modern trends and development prospects // Labor Law. 2006. N 9.
2. Buyanova M.O. Social services for Russian citizens in a market economy (Theoretical and legal aspect): Author's abstract. dis. ... doc. legal Sci. M., 2003.
3. Zhuravlev M.P., Zhuravleva E.M. On the principles of state policy to combat crime // Journal of Russian Law. 2003. N 4.
4. Law of the Russian Federation of July 2, 1992 N 3185-1 “On psychiatric care and guarantees of the rights of citizens during its provision” (as amended on August 22, 2004) // Gazette of the SND and the Armed Forces of the Russian Federation. 1992. N 33. Art. 1913.
5. Zakharov M.L., Tuchkova E.G. Social security law in Russia. M., 2002.
6. Ozhegov S.I. Dictionary Russian language: 80,000 words and phraseological expressions. 4th ed., add. M., 1998.
7. Federal Law of August 2, 1995 N 122-FZ “On Social Services for Elderly and Disabled Citizens” (as amended on August 22, 2004) // Collection of Legislation of the Russian Federation. 1995. N 32. Art. 3198.
8. Federal Law of December 10, 1995 N 195-FZ “On the Fundamentals of Social Services for the Population in the Russian Federation” (as amended on July 23, 2008) // Collection of Legislation of the Russian Federation. 1995. N 50. Art. 4872.

INTRODUCTION

The relevance of the study is determined, first of all, by the state of the current socio-economic situation in the country, which is quite contradictory. On the one hand, state policy in the field of social services is aimed at improving the living conditions of needy categories of citizens, but on the other hand, this very policy is not sufficiently effective. There is still a strong stratification of the population by income level, arrears in the payment of pensions and benefits are growing, and there is practically no decrease in the number of citizens with income below the subsistence level. These problems are further aggravated by the fact that the citizens themselves, who can still somehow help themselves, do not want to do this, hoping that the state will definitely help them.

Social services today play a significant role in the social protection of older citizens, since they are aimed at meeting the basic needs of the population.

The organization of social services for the population is given more and more importance every year in our country. higher value, it is seen as a much-needed complement to cash transfers, significantly increasing the efficiency of the entire government social security system. Social politics in relation to older citizens, its scale, direction and content throughout the history of the country were influenced and determined by socio-economic and specific socio-political tasks facing society at one or another stage of its development

Social services for elderly citizens and people with disabilities should be focused on ensuring the availability of basic social services and guarantees, regardless of their place of residence.

A sharp drop in the economic status of older citizens also made a negative contribution to the deepening crisis of the older generation: a significant decrease in purchasing power, pensions, a one-time depreciation of pension deposits, independence of the size of pensions from labor contribution, etc.

The difficult socio-economic situation is intended to be mitigated by stationary and non-stationary social service institutions, which help improve the quality of life of older citizens and create conditions for optimizing their way of life and solving various problems related to psychological care and health maintenance.

Problems of social services for older citizens today are the focus of many social institutions, social and research programs aimed at ensuring an acceptable standard of living for older citizens.

The purpose of the study is to examine in practice the implementation of the principles of social service, the problems of this activity and ways to solve problems that arise during it. In order to achieve the goal of the study, the following tasks are set:

Study of legal regulation of the sphere of social services;

Consideration of the concept of social service, types and forms of its implementation;

Definition and disclosure of international legal principles of social services;

Consideration of the implementation of the principles of social services for the population in the Russian Federation.

The object of the study is the social relations that arise in the process of providing social services to citizens, and the subject is the rules of law governing these legal relations.

The structure of the work consists of an introduction, two chapters, four paragraphs, a conclusion and a list of normative legal acts and literature.

CHAPTER 1. GENERAL CHARACTERISTICS OF RELATIONS IN SOCIAL SERVICES TO THE POPULATION

1.1. Legal regulation of relations in the field of social services

In accordance with Art. 2 of the Federal Law of December 28, 2013 No. 442-FZ (as amended on July 21, 2014) “On the Fundamentals of Social Services for Citizens in the Russian Federation” (hereinafter referred to as Federal Law No. 442-FZ) there are two levels of normative legal acts regulating relations in social service, or more precisely:

Regulatory legal acts of federal significance;

Regulatory legal acts of the constituent entities of the Russian Federation.

This two-level regulatory system is based on the fact that “issues of social protection, including social security (and therefore social services), in accordance with paragraph “g” of Part 1 of Art. 72 of the Constitution of the Russian Federation are under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. According to Part 2 of Art. 76 of the Constitution of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, federal laws, laws and other regulatory legal acts of the constituent entities of the Russian Federation are adopted in accordance with them. Thus, relations regarding social services are regulated by both federal and regional (subjects of the Russian Federation) legislation.

Let us take a closer look at exactly what regulatory legal acts regulate the issues of social services for the population in the Russian Federation.

The most important source of legal regulation of relations in the field of social services is the Constitution of the Russian Federation, which serves as the basis for this type of relationship, because it not only establishes a mechanism for the legal regulation of social services, but also establishes the basic principles on which the entire system of legal regulation of social services is based.

So, in Art. 17-18 of the Constitution of the Russian Federation enshrines the principle of respect for the rights and freedoms of man and citizen, in Art. 19 and 21 establish a prohibition of discrimination against an individual on racial, national, religious and other grounds and derogation of his dignity, in Art. 39 establishes the right to social security. All of the above principles form the basis of the system of legal regulation of social services for the population.

The main regulatory legal act regulating relations in the field of social services for citizens is Federal Law No. 442-FZ, which replaced the previously valid law of December 10, 1995 No. 195-FZ “On the fundamentals of social services for the population in the Russian Federation.

Federal Law No. 442-FZ establishes the subject of regulation, basic concepts, principles, the system of social services for citizens, the legal regulation of social security relations; rights and obligations of participants in the social service system. It also delineates the powers of the Russian Federation and the constituent entities of the Russian Federation in the field of social services; determines the procedure for applying for social services; conditions necessary for recognizing a person as needing social services and the procedure for providing social services; principles and procedures for financing social services and conditions for providing social services free of charge, for full or partial payment, as well as exercising control in the field of social services.

Other federal laws may not directly regulate relations in social services for the population, because Federal Law No. 442-FZ is already the main law in this area and the rules enshrined in it take precedence over other regulatory legal acts. But these same regulations, in turn, complement and specify the social service relations specified in Federal Law No. 442-FZ.

Other federal laws may not directly regulate relations in social services for the population, because Federal Law No. 442-FZ is the main regulatory legal act in this area and its norms take precedence over the norms of other regulatory legal acts. At the same time, related issues, incl. concerning the organization of social services are regulated by other federal laws.

Other federal laws that are used to legally regulate relations in the field of social services can be divided into two categories:

Regulatory related issues in the field of social security;

Regulating related issues in other areas.

The first category, for example, includes the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation” (hereinafter referred to as Federal Law No. 181-FZ), which establishes the basis for the social protection of disabled people: the rules for recognizing a person as a disabled person, provided social protection measures, rehabilitation procedures, etc. Providers of social services in accordance with Art. 12 of Federal Law No. 442-FZ are required to provide the necessary services to citizens in need in accordance with individual programs and concluded agreements on the provision of social services. Their preparation is precisely carried out on the basis of an individual rehabilitation program for a disabled person, drawn up in accordance with Art. 11 of Federal Law No. 181-FZ.

The second category includes federal laws that regulate relations that are not related to social services, but are necessary for its implementation. Yes legislative act is the Civil Code of the Russian Federation (hereinafter - the Civil Code of the Russian Federation), establishing the legal status of legal entities and individual entrepreneurs, the main provisions on contracts and obligations, on compensation for damage, on guardianship and trusteeship. Because social service providers are legal entities And individual entrepreneurs, then in their activities they rely on the norms of the Civil Code of the Russian Federation.

Also, the norms of the Civil Code of the Russian Federation regulate the conclusion of contracts for the provision of social services and the regulation of relations between the provider and recipient of services, as well as relations regarding compensation for damage caused to the recipient or provider of social services when they are provided.

Also, in order to regulate relations in social services, the President of the Russian Federation, the Government of the Russian Federation, and the authorized federal executive body in the field of social services - the Ministry of Labor of the Russian Federation - adopt by-laws and regulatory legal acts.

These government bodies adopt normative legal acts within the limits of their powers, enshrined in Art. 7 of Federal Law No. 442-FZ:

1) “establishing the foundations of state policy and the foundations of legal regulation in the field of social services;

3) approval of an approximate list of social services by type of social services;

4) approval of the procedure for posting and updating information about the social service provider, including requirements for the content and form of providing this information, on the official website of the social service provider on the Internet;

5) management of federal property used in the field of social services;

6) maintaining a unified federal system of statistical accounting and reporting in the field of social services;

7) federal state control (supervision) in the field of social services,” etc.

As an example of a subordinate regulatory legal act, one can specify Order of the Ministry of Labor of Russia dated March 28, 2014 No. 159n “On approval of the application form for the provision of social services,” adopted in pursuance of the requirements enshrined in Art. 14 “Appeal for the provision of social services” of Federal Law No. 442-FZ and establishing the application form indicating the main details of the application.

Issues of providing social services are also regulated by the legislation of the constituent entities of the Russian Federation within the powers enshrined in Art. 8 of Federal Law No. 442-FZ.

2. The legislation of the constituent entities of the Russian Federation also regulates the implementation of social services. The powers of state authorities of the constituent entities of the Russian Federation are enshrined in Art. 8 of Federal Law No. 442-FZ. Among them:

1) “legal regulation and organization of social services in the constituent entities of the Russian Federation within the powers established by this Federal Law;

2) determination of the authorized body of the constituent entity of the Russian Federation, including the recognition of citizens in need of social services, as well as the drawing up of an individual program;

3) coordination of the activities of social service providers, public organizations and other organizations operating in the field of social services in a constituent entity of the Russian Federation,” etc.

Subjects of the Russian Federation cannot adopt regulatory legal acts on issues within the jurisdiction of the Russian Federation, change the norms of Federal Law No. 442-FZ and other federal regulatory legal acts. Regulatory legal acts of the constituent entities of the Russian Federation are adopted strictly taking into account the norms of federal regulatory legal acts, although they may supplement them, but without distorting or changing the meaning of the norm and only within the powers of the constituent entities of the Russian Federation on issues of social services.

Participants in legal relations in the field of social services act in accordance with the legislation of the subject of the Russian Federation in which such legal relations arise. It should be noted that if a social service provider operates in several constituent entities of the Russian Federation at once, then it is obliged to comply with the requirements of each constituent entity of the Russian Federation in which it operates, within the administrative boundaries of this subject.

To simplify the task of creating a regulatory legal framework for the sphere of social services in the constituent entities of the Russian Federation, the Ministry of Labor of the Russian Federation provides an approximate list of regulatory legal acts adopted in the constituent entities of the Russian Federation in its Letter dated 02/05/2014 No. 12-5/10/B-547 “On the direction of information on the Federal Law of December 28, 2013 No. 442-FZ “On the fundamentals of social services for citizens in the Russian Federation.”

The system of sources of legal regulation of relations in the field of social services is quite extensive. It is on the basis of the above regulatory legal acts (and many others) that the provision of necessary social services to the population is ensured. The most complete and accurate implementation of the norms enshrined in the current legislation on social services determines the success of the state’s social policy aimed at improving the living standards and well-being of vulnerable categories of citizens.

1.2. Concept, forms and types of social services for the population

The concept of “social service” is fundamental to Federal Law No. 442-FZ. Its disclosure is impossible without referring to other definitions contained in it.

The previously valid law in the field of social services “On the fundamentals of social services for the population” No. 195-FZ of December 10, 1995. also contained the concept of social service. Its concept was disclosed in a separate article as “the activities of social services for social support, provision of social, social, medical, psychological, pedagogical, socio-legal services and material assistance, social adaptation and rehabilitation of citizens in difficult life situations.”

The current Federal Law No. 442-FZ does not contain the same detailed concept; it is more concise and is defined as “activities to provide social services to citizens.”

At the same time, the law enshrines such a concept as “social service” - this is “an action or actions in the field of social services to provide constant, 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 needs of life.” From this we can conclude that the concept of “social services” given in Federal Law No. 442-FZ through the definition of “social services” is in many ways similar to the concept established in the previously in force Federal Law No. 195-FZ “On the Fundamentals of Social Services for the Population”

Social service, first of all, is defined as an activity, which is understood as a set of specific actions aimed at achieving a specific goal. Social service as an activity can be interpreted both in a narrow and in a broad sense.

In a narrow sense, social service is the process of providing social services to a specific recipient of a social service by a specific social service provider. That is, for example, social and everyday

Service in the form of help with cleaning a living space or medical care.

In a broad sense, social services are a set of economic, legal and organizational measures for the provision of social services.

Article 19 of Federal Law No. 442-FZ defines the forms of social services. Form is a way of expressing the state will, legal rules of behavior. In accordance with this article, the forms of social services are:

1) social services provided in the form of social services at home.

This form is a submission of social services different types citizens in need of constant non-stationary services due to advanced age, disability, illness, etc. This form of social service is a priority because It is on its basis that the citizen’s stay in the familiar social environment is extended. Such social services include catering, purchasing medicines, essential goods, assistance in obtaining medical care, maintaining living conditions in accordance with hygiene standards, assistance in providing legal assistance and other home-based social services.

2) social services provided in a semi-stationary form.

Services of this form are provided to citizens in need by social service organizations at certain times of the day. This form means the provision of temporary shelter and the organization of day care in social service institutions. Such temporary shelter is provided to orphans, children who find themselves in difficult life situations, citizens who have suffered as a result of mental or physical violence, natural disasters, during armed conflicts and other citizens in need of temporary shelter.

3) social services provided in a stationary form.

Social services in a stationary form are provided to their recipients during temporary, permanent or five-day round-the-clock residence of a citizen in the body providing social services.

Provisions of Part 4 of Art. 19 of Federal Law No. 442-FZ establishes a list of requirements necessary to fulfill when providing social services in a stationary or semi-stationary form:

1) “the possibility of accompanying the 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 opportunity 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 recreation in sitting position, as well as accessible placement of equipment and storage media;

3) duplicating text messages with voice messages, equipping a social service organization with signs made in embossed dotted 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 text information, inscriptions and (or) light signals, information about the social services provided using Russian sign language (sign language interpretation), admission of a sign language interpreter;

5) provision of other types of outside assistance.”

In accordance with Part 5 of Art. 19 of Federal Law 442-FZ establishes such a special form of social services. as social services in stationary social service organizations with special social services. Citizens who are “released from places of deprivation of liberty, for whom administrative supervision has been established in accordance with the legislation of the Russian Federation and who have partially or completely lost the ability to self-care” have the right to such social services. The conditions for admission to such special social services are the absence of medical contraindications, as well as the presence of a personal statement from the identified person.

The procedure for admission to such special services in accordance with Part 5 of Art. 19 of Federal Law No. 442-FZ is established by regulatory legal acts of the constituent entities of the Russian Federation, despite the fact that, in accordance with clause 14, part 2, art. 7 of the same Law “approval of the procedure for sending citizens to inpatient social service organizations with special social services” is determined by the authorized executive body - the Ministry of Labor of the Russian Federation.

In part 6 of Art. 19 of Federal Law No. 442-FZ provides for the regulation of admission to and discharge from inpatient institutions of persons suffering from mental disorders. This question regulated by the legislation of the Russian Federation in the field of psychiatric care. In particular, this is the Law of the Russian Federation of 07/02/1992 No. 3185-1 (as amended on 03/08/2015) “On psychiatric care and guarantees of the rights of citizens during its provision.” This law provides for such a type of social service institution as an inpatient social service institution for persons suffering from mental disorders, determines the procedure for placing these persons in inpatient institutions, etc. Issues of social services for persons suffering from mental disorders and in difficult life situations are resolved by the authorities state authorities of the constituent entities of the Russian Federation.

Let's move on to consider the types of social services. A social service is “an action of a social service consisting of providing social assistance to a client to overcome a difficult life situation.”

Social services provide assistance and comprehensive support to citizens who find themselves in difficult life situations and are divided into the following types:

1. Social and domestic - aimed at maintaining the life of a citizen in everyday life (providing living space; providing food; assistance in eating; cleaning residential premises; assistance in preparing food; provision of transport services at the expense of the recipient of social services, etc.).

2. Social and medical services provided to citizens in order to maintain and improve their health (performing procedures related to monitoring the health of recipients of social services (measuring body temperature, blood pressure, etc.); carrying out activities aimed at developing healthy image life; organization of provision of technical means of care and rehabilitation, etc.).

3. Social - psychological - services aimed at helping citizens improve their psychological state (psychological assistance and support; socio-psychological patronage; conducting classes in mutual support groups, communication clubs; providing psychological counseling anonymously, including using the telephone trust, etc.).

4. Social and pedagogical services aimed at organizing the client’s leisure time (social and pedagogical correction, including diagnostics and counseling; formation of positive interests; organization of leisure).

5. Socio-economic services provided to citizens in order to maintain their standard of living by providing material assistance (carrying out activities to use labor opportunities and teach accessible professional skills; organizing assistance in obtaining education and (or) qualifications for disabled people (disabled children) in according to their abilities).

6. Social - legal - services provided to citizens to maintain or change their legal status, provide measures of legal assistance and protection (providing assistance in preparing and restoring documents for recipients of social services; providing assistance in obtaining legal services, including free of charge; providing assistance in protecting the rights and legitimate interests of recipients of social services in the manner prescribed by law).

7. Services in order to increase the communicative potential of recipients of social services with disabilities (training disabled people (disabled children) in the use of care products and technical means of rehabilitation; carrying out social rehabilitation activities in the social sphere; providing assistance in teaching computer literacy skills).

8. Urgent services (“providing free hot meals or food sets; providing clothing, shoes and other essential items; assistance in obtaining legal assistance in order to protect the rights and legitimate interests of recipients of social services”).

Citizens entering into social service relationships, Entering into relationships

By entering into social service relationships, citizens exercise their right to social services, enshrined in the Constitution of the Russian Federation and Federal Law No. 442-FZ. Social services include both social services of a one-time nature and as a whole range of social services provided in certain types and forms. Activities to provide social services to the population are one of the priority areas policies of the Russian Federation because the number of socially unprotected categories of citizens is quite large and the most complete realization of their rights depends on increasing the level of well-being not only of these citizens, but also of the state as a whole.

CHAPTER 2. PRINCIPLES OF SOCIAL SERVICES TO THE POPULATION

2.1. International legal principles of social services

The main subjects of international legal regulation of social services are the United Nations (UN) and the International Labor Organization (ILO). The ILO is a specialized agency of the UN and, in accordance with its Charter, is vested with the authority to adopt international conventions and recommendations, including on issues of social services.

International legal regulation of social security is reflected in the development of international standards in the field of provision of social services in order to improve national legislation on issues of social services for the population of a given country. This regulation should be considered as a supplement to national legislation in the field of social security, which is carried out by ratifying acts of international organizations (United Nations, International Labor Organization), of which the Russian Federation is a member, as well as by concluding agreements with other states, or incorporating norms international law into the national legal system.

The unification of international legal regulation of social services is carried out on the basis of the formulation of general principles, which will subsequently be embodied in the national legislation of different countries.

Coordination of domestic legislation of different countries in the field of social security is carried out in the following areas:

Prohibition of any kind of discrimination against citizens of countries participating in an international treaty;

Elimination of conflicts in law;

Establishing conditions for receiving various payments in one of the participating countries if the right to them was obtained in another country, etc.

ILO standards in the field of social services are aimed mainly at establishing equality, which is the basic principle of international legal regulation of social services.

The principle of equality was established by ILO Convention No. 118 “On the Equal Rights of Nationals and Foreigners and Stateless Persons in the Field of Social Security” (1962). ILO member countries that have ratified this Convention undertake obligations to provide foreign citizens, refugees and stateless persons with individual species social services on an equal basis with their citizens. The principle of equality applies not only to the order of treatment, but also to the preservation of already acquired rights to specific types social services. For example, when providing short-term payments (unemployment), the principle of equality is revealed in the abolition of the residence condition for persons who are not citizens of a given state.

No less important a principle than equality is the principle of maintaining acquired rights in the field of social services. The fact is that in different countries the conditions necessary to receive one or another type of social service may differ. For example, eligibility for an old-age pension may depend not only on achieving of a certain age, but also the time of permanent residence in the country making payments, the length of service, etc. ILO Convention No. 157 “Establishing an international system for the maintenance of rights in the field of social security” (1982) contains rules for maintaining rights to benefits and payments acquired in one’s own country on the territory of another state. This principle does not apply to:

Non-contribution benefits assigned to persons whose income is below the subsistence level;

Benefits provided under transitional systems (covers persons whose age exceeds the established age on the date of entry into force of the applicable legislation).

Countries that have ratified this Convention undertake obligations to pay only long-term benefits (old age pension, disability pension, due to work injury, etc.). The costs of financing these payments are distributed among the countries that have ratified the Convention. Issues regarding the provision of short-term payments are resolved on the basis of additional conclusion of bilateral agreements. If the right to such short-term payments was received in one state, and the receipt is made on the territory of another state, then the first is obliged to reimburse the second for actual expenses or within the limits established by the agreement.

The rules for reimbursement by states of mutual expenses for the payment of pensions and benefits and the transfer of corresponding amounts are established by international treaties.

The above principles, despite the fact that the Russian Federation has not ratified the ILO Conventions in which they are enshrined, have an impact on the system of social services for the population of our country, because Russia is still a member of the International Labor Organization.

In accordance with the “European Social Charter (Revised)” (adopted in Strasbourg on 05/03/1996), the principles of social services are:

1. The opportunity to earn a living through freely chosen work;

2. Fair working conditions;

3. Prohibition of various types of discrimination in relation to employment and professional activities

4. Protecting your dignity during work. Representatives of workers in enterprises have the right to be protected from actions harmful to them and to be provided with adequate opportunities to carry out their functions, etc.

The principles of social services established and applied specifically on the territory of the Russian Federation are enshrined in Federal Law No. 442-FZ:

1. Respect for human rights and respect for the dignity of the individual, humanity and the prevention of humiliation of a person’s honor and dignity. When receiving social services, a citizen has the right to count on humane and respectful treatment.

2. Free, equal access of citizens to social services regardless of their race, age, gender, language, origin, nationality, attitude to religion, beliefs, place of residence and membership in public associations. Discrimination on any basis is not permitted.

3. Preservation of the citizen’s stay in a familiar favorable environment. This principle means that sending a person in need to a hospital should be done in extreme cases, because It is more important to preserve his familiar surroundings and surroundings.

4. Confidentiality - personal data about citizens that has become available to organizations providing social services constitutes a professional secret.

5. Voluntariness consists in citizens independently applying to the competent authorities in order to provide them with social services.

6. Targeting. This principle means that social services are provided to certain categories of citizens who most need them (disabled people, pensioners, orphans, etc.).

7. Proximity of social service providers to the place of residence of their recipients; a sufficient number of these providers to fully meet the needs of citizens for social services, as well as sufficiency of human, information, financial, material and technical resources among social service providers. This principle is necessary for a more complete, high-quality and efficient provision of social services to citizens.

The above principles indicate how social services should operate. All principles must work and contribute to the development of social services throughout the Russian Federation. If all bodies and officials providing social services are strictly guided by these principles, then the mechanism for providing social services to citizens will become clearer and more streamlined.

2.2. Implementation of the principles of social services for the population in the Russian Federation

The principles of social services enshrined in Federal Law No. 442-FZ are subject to direct implementation in the provision of social services to needy categories of citizens, which should be considered at specific examples.

1) targeting of the provision of social services is one of the most important principles, because means the provision of social services directly to categories of citizens who need them. As an example of the implementation of this principle, one can cite the Appeal Ruling of the Perm Regional Court dated 04/08/2015 in case No. 33-3310-2015.

As part of this trial, the claim of citizen B against the State Institution Perm Regional Branch of the Social Insurance Fund of the Russian Federation (hereinafter referred to as the Fund) regarding the obligation to provide him with a voucher for sanatorium treatment, which he had previously been denied, was considered. During the trial, it was proven that the plaintiff is disabled and, based on the principle of targeting, has the right to receive state social assistance in the form of a voucher to receive sanatorium treatment.

2) the principle of proximity of social service providers to the place of residence of recipients of social services means ensuring the receipt of social services as close as possible to the place of residence of the person in need, the existence of a sufficient number of social service providers to fully satisfy the needs of citizens, as well as the creation of an accessible social environment for persons with disabilities. For example, social service facilities must be equipped with ramps.

The Appeal Determination of the Samara Regional Court dated September 12, 2012 No. 33-8571/2012 indicates the claimant’s requirement for the defendant organization, the dental office of Dentayus LLC, to install ramps, since failure to fulfill this obligation entails a violation of the rights of unimpeded access for people with disabilities to a social service institution .

The principle under consideration also includes the requirement of sufficiency of financial, material, technical, human and information resources of social service providers. An example of its implementation is Art. 13 of Federal Law No. 442-FZ, which states that “social service providers form publicly accessible informational resources, containing information about the activities of these providers, and provide access to these resources by posting them on information stands in the premises of social service providers, in the media, on the Internet, including on the official website of the social service organization.”

3) the principle of voluntariness is very important, because It is impossible to place a citizen in a social service institution without his consent, or without the consent of his legal representatives. An example is the Appeal Ruling of the Supreme Court of the Chuvash Republic dated 07/09/2014 in case No. 33-2737/2014. The state institution of the Chuvash Republic "Center for Providing Social Support Measures" of the Ministry of Health and Social Development of the Chuvash Republic filed a petition with the court for the placement of citizen S.G. to an inpatient social service institution without his consent. During the meeting, it was revealed that the citizen is being properly cared for by his sister, and he himself wants to live out his years in his parents’ home. Based on the principle of voluntariness, the claim was denied, “since there are no grounds for the state to use measures of forced restriction of a person’s rights, including in the form of placing him in a social service institution without his consent.”

4) implementation of the principle of confidentiality is enshrined in Art. 6 of Federal Law No. 442-FZ:

"1. Disclosure of information classified by the legislation of the Russian Federation as information of a confidential nature or proprietary 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 is not permitted. Disclosure of information about recipients of social services entails liability in accordance with the legislation of the Russian Federation.

2. Providing information about a recipient of social services without his consent or without the consent of his legal representative is permitted:

A) at the request of the bodies of inquiry and investigation, the court in connection with an investigation or trial, or at the request of the prosecutor's office in connection with their exercise of prosecutorial supervision;

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

C) when processing personal data within the framework of interdepartmental information interaction, as well as when registering the subject of personal data on a single portal of 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;

D) in other cases established by the legislation of the Russian Federation.”

5) the principle of equal access to social services, regardless of the race, religion, gender and other affiliation of a citizen. Thus, in one of the cases, the court satisfied the prosecutor’s demands to declare them contrary to federal legislation, invalid and not subject to application of paragraph. 1 and 2 subp. 1.1 clause 1 of the List of guaranteed social services provided to elderly citizens and disabled people by state and municipal social service institutions in the Rostov region, approved. Resolution of the head of the administration of the Rostov region dated March 17, 1999 No. 85, since these norms limited the provision of services depending on the availability of such capabilities at the social service institution. In addition, the regional list of guaranteed social services operating in the Rostov region did not correspond to the federal list (Decision of the Supreme Court of March 29, 2001 No. 41-G01-3).

The commented example demonstrates the effect of the principle of equal access to social services, regardless of the place of residence of persons. In this case, citizens living in the Rostov region cannot be infringed on their rights to receive a number of social services in comparison with citizens living in other constituent entities of the Russian Federation.

6) the principle of maintaining a citizen’s stay in a familiar favorable environment. An example of the implementation of this principle is the Appeal ruling of the Sverdlovsk Regional Court dated March 19, 2015 in case No. 33-4644/2015: the plaintiff filed a claim to declare illegal the unilateral refusal to execute a contract for the provision of social services at home, since the defendant refused the contract, citing a violation customer terms of the agreement. The plaintiff's request was satisfied, because violation of obligations to pay for services is not a sufficient basis for refusal of the contract, taking into account the fact that the customer, due to his age and state of health, needs assistance, the services provided are included in the list of state-guaranteed social services, the contractor is the only state institution of social services for the population in the territory settlement.

Having examined the implementation of the principles of social service using specific examples, we can conclude that very often organizations providing social services do not act on the basis of generally accepted principles of social service, but for their own benefit, to the detriment of citizens in need of help. Of course, it is very good that these situations are resolved in court, but it would be much better if social services immediately carried out their activities in good faith, and not by a court decision. Because most often, citizens seeking protection of their rights need to spend a lot of time and effort on legal proceedings, which in their situation is a serious burden.

Another problem is the obvious budget deficit, which, of course, cannot but affect the number social programs and the amounts of various social benefits. Benefits are often so small that they are barely enough to even cover food. Of course, some citizens are helped by their relatives. What should single people do? Unless you go out onto the streets with an outstretched hand in the hope of help from caring people.

It is imperative to correct the current situation as soon as possible, because the well-being of the entire state consists of the well-being of each of its particles - the individual citizen. I don’t want to think that the state needs only healthy, wealthy people, and the rest should live as best they can, without help, and that they will not receive the attention they deserve.

The implementation of these proposals will entail a more complete and high-quality provision of social services - the development of the volunteer movement will increase the pace and volume of assistance provided, because social workers Those providing household assistance cannot fully and timely cover all those in need; automation of the system for applying and processing requests for social services will increase the pace of their provision and reduce queues for their receipt.

CONCLUSION

1. The system of sources of legal regulation of relations in the field of social services is quite extensive. It is on the basis of the above regulatory legal acts (and many others) that the provision of necessary social services to the population is ensured. The most complete and accurate implementation of the norms enshrined in the current legislation on social services determines the success of the state’s social policy aimed at improving the living standards and well-being of vulnerable categories of citizens.

2. By entering into social service relationships, citizens exercise their right to social services, enshrined in the Constitution of the Russian Federation and Federal Law No. 442-FZ. Social services include both social services of a one-time nature and as a whole range of social services provided in certain types and forms. Activities to provide social services to the population are one of the priority areas of policy of the Russian Federation because the number of socially unprotected categories of citizens is quite large and the most complete realization of their rights depends on increasing the level of well-being not only of these citizens, but also of the state as a whole.

3. The principles learned indicate how social services should operate. All principles must work and contribute to the development of social services throughout the Russian Federation. If all bodies and officials providing social services are strictly guided by these principles, then the mechanism for providing social services to citizens will become clearer and more streamlined.

4. Very often, organizations providing social services do not act on the basis of generally accepted principles of social services, but for their own benefit, to the detriment of citizens in need of help. Of course, it is very good that these situations are resolved in court, but it would be much better if social services immediately carried out their activities in good faith, and not by a court decision. Because most often, citizens seeking protection of their rights need to spend a lot of time and effort on legal proceedings, which in their situation is a serious burden.

To correct the current problem in the implementation of the principles of social services, I propose:

Development of additional paid social services at a qualitatively new level, taking into account the needs of elderly citizens and people with disabilities;

Involving young people as volunteers to provide assistance and psychological assistance to categories of citizens in need;

Increasing the volume of funds allocated from the federal budget for the provision of social services to citizens;

Improving the system for receiving and processing information on the provision of social services.

The implementation of these proposals will entail a more complete and high-quality provision of social services: the development of the volunteer movement will increase the pace and volume of assistance provided, because social workers providing household assistance cannot fully and timely reach all those in need; automation of the system for applying and processing requests for social services will increase the pace of their provision and reduce queues for receiving them.

The main thing is that the state implements the necessary directions in social services as quickly as possible, otherwise the number of unprotected categories of citizens will only grow, which will entail an even higher mortality rate, an increase in the number of crimes that are most often committed forcedly, and clearly not from a “good life” .

LIST OF REGULATIVE LEGAL ACTS AND LITERATURE

Normative legal acts

1. Constitution of the Russian Federation: adopted by popular vote on December 12, 1993 [Text]: [taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation dated December 30, 2008 No. 6-FKZ, dated December 30, 2008 No. 7-FKZ, dated 02/05/2014 No. 2-FKZ, dated 07/21/2014 No. 11-FKZ] // Collection of legislation of the Russian Federation. - 2014. - No. 31. - Article 4398.

2. European Social Charter (revised) (adopted in Strasbourg on 05/03/1996) [Text] // Bulletin of International Treaties. - 2010. - No. 4. - P. 17-67.

3. Convention No. 118 of the International Labor Organization “On the equal rights of citizens of the country and foreigners and stateless persons in the field of social security” [Text] (adopted in Geneva on June 28, 1962) // Conventions and recommendations adopted by the International Labor Conference. 1957 - 1990. - Geneva: International Labor Office, 1991. - T. II. - pp. 1330-1337.

4. Convention No. 157 of the International Labor Organization “On the establishment of an international system for the preservation of rights in the field of social security” [Text] (adopted in Geneva on June 21, 1982) // Conventions and recommendations adopted by the International Labor Conference. 1957 - 1990. - Geneva: International Labor Office, 1991. - T. II. - S. 1971-1982.

5. Civil Code Russian Federation (part one) dated November 30, 1994 No. 51-FZ [Text]: adopted by the State. Duma on October 21, 1994 (as amended on July 13, 2015) // Collection of Legislation of the Russian Federation. - 1994. - No. 32. - Art. 3301; …2015. - No. 27. - Art. 3945.

6. On the basics of social services for citizens in the Russian Federation [Text]: federation. Law of December 28, 2013 No. 442-FZ (as amended on July 21, 2014) // Collection of legislation of the Russian Federation. - 2013. - No. 52. - Art. 7007; ...2014. - No. 30. - Art. 4257.

7. On the basics of social services for the population in the Russian Federation [Text]: federation. Law of December 10, 1995 No. 195-FZ (as amended on July 21, 2014) // Collection of legislation of the Russian Federation. - 1995 - No. 50. - Art. 4872; ...2016. - No. 30. - Art. 4257.

8. On social protection of disabled people in the Russian Federation [Text]: federation. Law of November 24, 1995 No. 181-FZ (as amended on June 29, 2015) // Collection of legislation of the Russian Federation. - 1995. - No. 48. - Art. 4563; ...2015. - No. 27. - Art. 3967.

9. On psychiatric care and guarantees of the rights of citizens during its provision [Text]: Law of the Russian Federation dated 07/02/1992 No. 3185-1 (as amended on 03/08/2015) // Gazette of the SND and the Armed Forces of the Russian Federation. - 1992. - No. 33. - Art. 1913; ...Collection of legislation of the Russian Federation. - 2015. - No. 10. - Art. 1393.

10. On approval of the application form for the provision of social services [Text]: letter of the Ministry of Labor of Russia dated March 28, 2014 No. 159n // Russian newspaper. - 2014. - No. 131.

11. On sending information under the Federal Law of December 28, 2013 No. 442-FZ “On the fundamentals of social services for citizens in the Russian Federation” [Text]: letter of the Ministry of Labor of Russia dated February 5, 2014 No. 12-5/10/B- 547 // Solidarity. - 2014. - No. 7.

Arbitrage practice

12. Determination of the Supreme Court of the Russian Federation dated March 29, 2001 No. 41-G01-3 [Electronic resource] // ConsultantPlus: reference legal systems: Judicial practice. - Access mode: http: //www.consultant/ru/software/systems (date of access - 10/20/2015).

13. Appeal ruling of the Perm Regional Court dated 04/08/2015 in case No. 33-3310-2015 [Electronic resource] // ConsultantPlus: reference legal systems: Judicial practice. - Access mode: http: //www.consultant/ru/software/systems (date of access - 10/20/2015).

14. Appeal ruling of the Sverdlovsk Regional Court dated March 19, 2015 in case No. 33-4644/2015 [Electronic resource] // ConsultantPlus: reference legal systems: Judicial practice. - Access mode: http: //www.consultant/ru/software/systems (date of access - 10/20/2015).

15. Appeal ruling of the Supreme Court of the Chuvash Republic dated 07/09/2014 in case No. 33-2737/2014 [Electronic resource] // ConsultantPlus: reference legal systems: Judicial practice. - Access mode: http: //www.consultant/ru/software/systems (date of access - 10/20/2015).

16. Appeal ruling of the Samara Regional Court dated September 12, 2012 No. 33-8571/2012 [Electronic resource] // ConsultantPlus: reference legal systems: Judicial practice. - Access mode: http: //www.consultant/ru/software/systems (date of access - 10/20/2015).

Special and educational literature

17. Belyaninova Yu.V. State social assistance and social services [Text] / Yu.V. Belyaninova, N.A. Zakharova, M.G. Danilova. - M.: Eksmo, 2013. - 240 p.

18. Borisov A.N. Commentary on the Federal Law of December 28, 2013 No. 442-FZ “On the fundamentals of social services for citizens in the Russian Federation” (article-by-article) [Electronic resource] / A.N. Borisov // ConsultantPlus: reference legal systems: Comments on legislation. - Access mode: http: //www.consultant/ru/software/systems (date of access - 10/20/2015).

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Concept and types of social services

1.1 Concept and principles of social service

In the scientific literature, the concept of “social services” is used relatively rarely. According to a number of scientists, social service in modern conditions acts as one of the areas of social work and organizational form this type of social activity, which is considered as a system of certain methods of social humanistic activity aimed at adaptation, social rehabilitation of an individual, family or human society.

The Federal Law “On the Fundamentals of Social Services for the Population in the Russian Federation” in Article 1 gives the following definition of the concept of “social services”: this is “the activities of social services for social support, provision of social services, socio-medical, psychological-pedagogical, social-legal services and material assistance, social adaptation and rehabilitation of citizens in difficult life situations."

It should be noted that some authors, characterizing the concept of “social service”, tend to define it as support for disabled citizens (pensioners, disabled people) in case of need. This is an insufficiently complete definition of the concept under consideration, first of all, on a subjective basis. After all, modern legislation has significantly expanded the circle of persons entitled to social services.

The same authors as Tuchkova E.G. and Zakharov M.L. rightly believe that social services cannot be reduced only to the provision of social services to the elderly and disabled, since this concept covers wide circle persons (including children). Social services cover almost all categories of society and represent an area of ​​activity for socio-economic support for children, youth, families with children, temporarily disabled people, citizens who have lost their breadwinner, disabled people, people of retirement age and the elderly, low-income citizens, as well as people in critical life situations (migrants, refugees, etc.), etc.

Social service is an institution of social security law. Regulation in the field of social services is considered as one of the areas of state activity for social protection of the population. Thus, we can conclude that the regulation of social processes is the prerogative of the state.

But we must not forget that in Russia, in addition to the state social service system, a non-state system is developing, which, through its activities, is designed to complement the work of public services, and therefore help improve the volume and quality of services to the population. It is also appropriate to say that the main task of the state, since it has a regulatory function, is to promote the development of the social service system in two directions: state and non-state. At the same time, the role of the latter should not be neglected.

As indicated in the concept of development of social services for the population in the Russian Federation, the practical formation of this industry, understood as a set of social services and support for the population with means of subsistence, makes it possible to bring Russia closer to the pan-European understanding of the social management system, which is built on the principles of a market-organized economy and meets the requirements of creating humane and legal society.

Currently, the development of the social service system for the population is at the stage of creating a network of institutions and developing social service technologies, taking into account the specifics of various regions of the Russian Federation. In this case, it becomes important to define a clear structure of programs and principles of management, as well as the ability for autonomy and self-restraint, both from an economic and sociological point of view. To form effective system social services, it is also necessary to create your own tools for understanding the surrounding reality and the person in need of social services. On modern stage a consistent process of modeling territorial (departmental) social services and technologies of their activities is carried out.

The criterion for the effectiveness of social services should be the effectiveness of all types, forms and methods of social services for various categories of the population, the activities of social services, as well as the management and management of the entire process of social work with the population and individuals in need of social services.

Social services are based on the following principles:

1 Addressability, i.e. provision personalized to a specific person. Work to identify and create a data bank of such persons is carried out by local social protection authorities at the place of residence of disabled people, the elderly, large and single families. Public education authorities also have information about orphans, single and large families; about refugees - the migration service, about persons without a fixed place of residence - internal affairs bodies, etc.

2 Availability. The opportunity is provided for free and partially paid receipt of social services that are included in the federal and territorial lists of state-guaranteed social services. Their quality, volume, procedure and conditions of provision must comply with state standards established by the Government of the Russian Federation. Reducing their volume at the territorial level is not allowed.

3 Lists of social services are determined taking into account the subjects for whom they are intended. Federal list state-guaranteed social services for elderly citizens and disabled people, provided by state and municipal social service institutions, approved by Decree of the Government of the Russian Federation of November 25, 1995 No. 1151. On its basis, territorial lists are developed. Financing of services included in the lists is carried out from the corresponding budgets.

4 Voluntariness. Social services are provided on the basis of a voluntary application from a citizen, his guardian, trustee, other legal representative, government body, local government body or public association. At any time, a citizen can refuse to receive social services.

5 Humanity. Citizens living in inpatient institutions have the right to freedom from punishment. The use of drugs, physical restraints, or isolation for the purpose of punishment or to create convenience for personnel is not permitted. Persons who commit these violations bear disciplinary, administrative or criminal liability.

6 Priority for provision to minors.

7 Confidentiality. Personal information that becomes known to employees of a social service institution during the provision of social services constitutes a professional secret. Employees guilty of disclosing it bear liability established by law.

Thus, social services for the population are the most important link in social protection, a mechanism that makes it possible to practically solve complex issues of the life of society, families and individuals. Social services must be considered as a significant addition to the general system of material support for elderly and disabled citizens.

It is important to note that other types of social assistance, in addition to social services, are provided mainly in cash. The priority task of social services is to provide non-monetary assistance: home care, provision of temporary shelter, advisory assistance, rehabilitation services, etc. Such specific tasks demonstrate the highest degree of humanity and philanthropy in society, supported by state policy. The state does not seek to “buy off” with all kinds of cash payments, but applies various types of social assistance on the principle of expediency. In other words, there are situations when assistance “in kind” turns out to be the most necessary and effective. It is in this case that social services in all its forms become of great importance.

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