Actual problems of social services. Innovative forms of social services for disabled and elderly citizens at home Problems of social services for the population example

The right to social services is an objective necessity for those citizens who need social services, who find themselves in a difficult life situation. A fairly large number of people live in Russia who, for various reasons, cannot serve themselves and are limited in their livelihoods.

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

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

Therefore, the state is obliged to assume obligations in order to contribute to the preservation and extension of the full life of every person, to recognize its debt to him and to support his social, labor, educational and creative activity. To implement the full-scale functions of social assistance, support and social security, the Russian Federation has a system of social protection.

Unfortunately, at the moment in Russia the quality and level of social services are not in the best condition. The issues of the implementation of state policy in the social sphere have now acquired particular relevance. The transition to a socially oriented policy requires the creation of an effective and developed system for providing social protection to the population. Therefore, social policy is primarily focused on the problems of social security and services for the elderly, support for the disabled and families with children. As noted, in our country there is a “trend towards an increase in the number of elderly and disabled people in the population. This is accompanied by a deterioration in their health and limitations in self-care. The need for various types of rehabilitation services is experienced by 80% of disabled elderly and disabled people. More than 30% are in need of constant assistance and social and medical services.” In the process of aging of the human body, a person has a risk of acquiring chronic diseases; at any time, medical, rehabilitation assistance, or the care of another person may be needed. Older people often have problems not only in the medical field, but also psychological disorders and problems of a social nature. Social problems are associated, as a rule, with a low and even extremely low material standard of living, the inability to buy all the necessary (often expensive) medicines and medical equipment, apply for paid medical care, etc. And the benefits and benefits provided by the state cannot solve all the material problems of such old needy people. Psychological problems mainly appear due to the fact that older people who have retired and stopped working begin to experience a lack of communication and a feeling of loneliness, uselessness. The need for outsiders, including medical care, is several times higher for the elderly than for people of working age. Being alone at home, older people are not always able to cope with health problems on their own. Elderly patients need long-term maintenance therapy and outside care, medical and social assistance. If we talk about medical and social assistance, then it is a set of measures of a medical, social, psychological, pedagogical, rehabilitation and legal nature, carried out at the state and regional levels and is aimed at meeting the basic needs of a socially vulnerable category of citizens (elderly citizens, as well as people with disabilities). This assistance is provided by stationary institutions, both in the health sector and in the sphere of social services for citizens. It aims to provide therapeutic interventions and care in order to restore and maintain health and self-care abilities. In addition to state institutions and organizations, there are also commercial, paid institutions (private boarding houses) for the elderly and disabled people who are in need of medical and social services. Both in public and private organizations that provide medical and social services to needy citizens, all services provided should be aimed at meeting a wide range of needs of their patients: comfortable accommodation, good nutrition, professional medical care, health and rehabilitation procedures, psychological support. But not all institutions have sufficient capacity to meet the needs of all applicants for medical and social assistance.

After all, the continued growth of the elderly population increases the burden on the health and social services, but the lack of funds leads to problems in providing medical and social assistance to the elderly and disabled

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

There are negative phenomena occurring in the field of social services: a decrease in the dynamics of development of social service institutions; low quality of the current state of this sector; unsatisfactory socio-economic situation of social workers; insufficient financial, logistical, personnel and information support for the activities of social service institutions. As already mentioned, among the serious reasons why the goal of rehabilitation of the disabled and other people who need it is not always achieved, there are problems of lack of professionalism in the work of medical staff, the lack of development of rehabilitation techniques, and so on. Therefore, for successful rehabilitation, it is necessary to take into account a complex of medical, socio-psychological, professional aspects, as well as the personal characteristics of patients. Also, one of the solutions to the problems of the organization and activities of stationary social services for the rehabilitation of the disabled is the optimization of the structure of institutions, the reconstruction of existing buildings and the construction of new buildings.

It is necessary to expand new promising types of social service institutions: boarding houses of small capacity for elderly citizens and the disabled.

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

Thus, providing affordable medical care for the elderly and disabled is impossible without creating an extensive system of specialized rehabilitation institutions. And social programs at all levels remain an effective tool for responding to the problems of the elderly population.

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

The equipment and technical equipment of many social service organizations and institutions is also in decline.

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

B. Sh. Shaykhatdinov

PROBLEMS OF THE RUSSIAN SYSTEM OF SOCIAL SERVICE OF CITIZENS IN THE CONTEXT OF FEDERAL LAW No. 442-FZ

Based on the provisions of the Federal Law No. 442-FZ “On the Fundamentals of Social Services for Citizens in the Russian Federation” and the legal acts adopted on its basis, the author proposes a theoretical model of the system of social services for citizens, highlighting the state and non-state parts in its structure, as well as a number of subsystems ( information, legal, financing subsystem, management subsystem, etc.).

Among the problems of the social service system, the author points out the following: the legislator does not single out a municipal part in it, although local governments are closest to the population and perform a number of functions in the field of social services; there is an imperfect division of powers between the Russian Federation and its subjects in the field of social services for citizens (legal regulation is carried out mainly at the level of the Federation); there are problems in understanding the place of social security law in the system of Russian law, as well as the place of legal norms on social services in the system of the branch of social security law.

It is emphasized that researchers do not have a consensus on these issues. From the author's point of view, social security law is a complex branch of law that is influenced by both public law and private law regulation.

Key words: social service, social service system, social security law, subjects of social service, types of social service

Social service is a complex holistic system, the effectiveness of which depends on its structure and functions. Unfortunately, there are still unresolved problems of distribution of powers in the area under consideration between federal state authorities and state authorities of the subjects of the Russian Federation, disputes about the place of legislation on social services in the system of Russian legislation, about the place of legal norms on social services in the system of the branch of social law software, as well as some terminological issues. Let's consider them.

1. Problems of determining the content of social services and its structure.

Federal Law No. 442-FZ of December 28, 2013 "On the Fundamentals of Social Services for Citizens in the Russian Federation" (hereinafter - Federal Law No. 442) has a number of serious shortcomings. Thus, the title of the Law does not correspond to its content. It deals only with some types of social services. The Law lacks legal norms on such types of social services as prosthetics and orthotics, provision of special vehicles for the disabled, professional

physical rehabilitation and habilitation, funeral services. Such a broad understanding of social services is supported in the Russian legal literature [Pravo sotsial'nogo obespecheniya Rossii 2014: 411-425; Social Security Law 2017: 380-422] and the literature of a number of foreign countries. In our opinion, Federal Law No. 442 should be called “On the basis for the provision of certain social services to citizens in the system of social services”, and in the future, legal norms on other types of social services should be introduced into it. This shortcoming of Federal Law No. 442 indicates the absence in law-making of links between the developers of federal laws, representatives of the science of social security law and representatives of law schools, as well as taking into account the experience of foreign countries in this area.

Let us analyze the Federal Law No. 442 and the federal subordinate regulatory legal acts adopted in its development, as well as the regulatory legal acts of the constituent entities of the Russian Federation. Let's start with what is given in Art. 3 of the Federal Law No. 442, the definition of the concept of social service as an activity for

provision of social services to citizens does not stand up to scrutiny. We agree with E. A. Tokareva, who believes that the generic sign of social service is a “type of social security”, and not the activity of providing social services [Tokareva 2017: 99]. In addition, the content of social services is limited to the provision of social services, which does not correspond to reality.

In Art. 5 of Federal Law No. 442, unfortunately, we are again faced with the fact that the title of the article does not correspond to its content. It is not about the system of social services, but only about one of its subsystems - management. As for the definitions of the concept of this system, its main parts and subsystems, taking into account the existing studies of the social security system and the pension system and the content of Federal Law No. 442, it seems appropriate to define the social service system as a system of interacting and interrelated financial sources, bodies and organizations, subjects and types social services, information and regulatory legal acts aimed at realizing the rights of citizens in the field of social services.

In the system of social services, the Law distinguishes two parts: state and non-state, as well as (based on the logic of the legislator) subsystems of financing, management, subjects of social services, types of social services, information and legal subsystems (they are present in both state and non-state parts social service systems.)

At the same time, the legislator does not single out the municipal part of the social service system (the Law does not even mention municipal social service organizations). Although, from our point of view, it should be, and we can only guess for what reasons it is absent. Perhaps, in order not to overload local self-government bodies with powers, which they already have enough, but the corresponding material and financial resources are clearly not enough.

Let us pay attention to the fact that not all researchers noticed the absence of the municipal part of the social service system in Federal Law No. 442. M. G. Cheltsova, for example, argues that municipal social services exist in Russia. They allegedly include institutions and social service enterprises,

local self-government bodies (in the article - “local self-service bodies”) [Cheltsova 2015: 51]. A number of authors believe that the absence in the Law of the municipal part of the social service system of the Russian Federation is not consistent with the practice existing in some regions, when the state powers of the constituent entities of the Russian Federation for social services are delegated to local governments [Karpova 2015: 230; Makarova 2017]. We are convinced that since citizens live in municipalities, it is local governments that are closest to them.

2. The imperfection of the division of powers between the Russian Federation and its subjects in the field of social services for citizens.

A very important question is how the powers are distributed between the federal state authorities and the state authorities of the constituent entities of the Russian Federation in the field of social services. According to paragraph "g" Art. 72 of the Constitution of the Russian Federation, social protection, including social security, is jointly administered by the Russian Federation and its subjects. In accordance with Art. 263 of the Federal Law of October 6, 1999 No. 184-FZ "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation" (hereinafter - Federal Law No. 184) "to the powers of public authorities of the subjects of the Russian Federation on subjects of joint jurisdiction , carried out by these bodies independently at the expense of the budgets of the constituent entities of the Russian Federation, includes the solution of issues of social support and social services for elderly and disabled citizens, citizens in difficult life situations, as well as orphans, street children, children left without parental care " . From this text it is difficult to understand which of the above citizens should be provided with social services, and to whom - social support. It is no coincidence that a number of authors who have studied the issues of social services [Novokhatskaya, Kruchek 2016: 273; Ivashkina 2016: 102; Shkatulla 2016: 5, 8], link social services with social support and even with state social assistance, ignoring the fact that here we are dealing with three independent types of social and legal relations: social services, social support and state social assistance (more about the content of concepts, their relationship can be found in E. A. Tokareva [Tokareva 2017: 98-99; 108-110]).

As noted earlier, Art. 263 of the Federal Law No. 184 states that social services are provided by the constituent entities of the Russian Federation independently at the expense of their budgets. The number of powers of federal state authorities and state authorities of the constituent entities of the Russian Federation is also comparable (25 and 24, respectively). How, then, can one explain the high degree of federal legal regulation in this area?

Now directly about some of the powers of federal state authorities and state authorities of the constituent entities of the Russian Federation. In paragraph 1, part 1, art. 7 of the Federal Law No. 442, the powers of federal bodies include the establishment of the foundations of state policy and the foundations of legal regulation in the field of social services. First, let's talk about the basics of public policy. According to paragraph "e" Art. 71 of the Constitution of the Russian Federation, the jurisdiction of the Russian Federation includes the establishment of the foundations of federal policy and federal programs in the field of social development. In accordance with Art. 80 of the Constitution of the Russian Federation, the main directions of domestic policy (including social) are determined by the President of the Russian Federation. However, based on paragraph 1 of part 2 of Art. 7 of the Federal Law No. 442, the development of state policy in the field of social services is entrusted to the authorized federal executive body - the Ministry of Labor of Russia. In our opinion, the main directions of state policy in this area should be determined by the President of the Russian Federation, and the Government of the Russian Federation should develop state programs for the development of social services on their basis, and the Ministry of Labor of Russia should implement them. This sequence must be observed in the subjects of the Russian Federation. Individual elements of state policy in the area under study should be embodied in regulatory legal acts of the federal and regional levels.

Based on the foregoing, we came to the conclusion that the theoretical model of the system of social services for citizens should include state, non-state and municipal parts, as well as various subsystems. The state part of the analyzed system covers the federal level and the level of subjects of the Russian Federation, and the non-state part - commercial, non-commercial and individual levels. What are the features of the functioning of various subsystems of the system of social services for citizens in the state and non-state parts of this system and at its various levels?

The subsystem of financing at the federal level includes funds from the federal budget

that, charitable contributions and donations, funds of recipients of social services, income from entrepreneurial and other income-generating activities carried out by federal social service organizations, as well as funds from other sources not prohibited by law. The authorized federal executive body - the Ministry of Labor of Russia (part 5 of article 30 of the Federal Law No. 442) - has the right to attract other sources of financing social services, including for the implementation of joint projects in this area.

The subsystem of financing at the regional level consists of funds from the budgets of the constituent entities of the Russian Federation, charitable contributions and donations, funds from recipients of social services, income from entrepreneurial and other income-generating activities carried out by regional social service organizations, as well as other sources not prohibited by law. The authorized body of a constituent entity of the Russian Federation has the right to attract other sources of financing for social services, including for the implementation of joint projects in this area (part 5 of article 30 of the Federal Law No. 442).

The commercial level of the non-state part as financial sources has its own funds of commercial organizations, subsidies from the federal budget and the budgets of the constituent entities of the Russian Federation, funds allocated for the procurement of social services, funds of social service recipients. In addition, authorized state bodies have the right to attract other (non-state) sources of financing social services, including for the implementation of joint projects in this area.

At the non-commercial level of the non-state part, financing is carried out from the own funds of non-profit organizations, including socially oriented non-profit organizations, as well as from the same sources that are available at the commercial level of the non-state part.

Financing of the individual level of the non-state part is carried out both from the own funds of individual entrepreneurs, and from the same sources that are available at the commercial and non-profit levels of the non-state part.

According to part 8 of Art. 30 of the Federal Law No. 442, one of the sources of funding is compensation to social service providers if citizens receive services from them under an individual program, and these providers are included in the register of social service providers of a constituent entity of the Russian Federation, but do not participate

in the fulfillment of the state task (order). The amount of compensation and the procedure for its payment are determined by the regulatory legal acts of the constituent entities of the Russian Federation.

The federal level management subsystem consists of the authorized federal executive body - the Ministry of Labor of Russia, social service organizations under the jurisdiction of the federal executive body, as well as federal state control bodies in this area and public organizations. In addition, in our opinion, the Ministry of Health of Russia, the Ministry of Education and Science of Russia, the Ministry of Defense of Russia, the Ministry of Internal Affairs of Russia and other federal executive bodies performing functions in the field of social services, as well as their territorial bodies and organizations under their jurisdiction, should be included in this management subsystem.

At the regional level, the management subsystem includes executive authorities of the constituent entities of the Russian Federation, their territorial bodies, social service organizations under their jurisdiction, and regional state control bodies in this area.

In addition to the authorized executive bodies of state power, other bodies of executive power also take part in social services, including at the regional level Thus, according to the Regulations for Interdepartmental Cooperation between State Authorities of the Sverdlovsk Region in Connection with the Implementation of Powers in the Sphere of Social Services for Citizens, approved by a Government Decree of the Sverdlovsk Region dated December 18, 2014 No. 1158-PP, the list of state authorities of the region engaged in interagency cooperation includes the Ministry of Social Policy; Ministry of Health; Ministry of General and Vocational Education; Ministry of Culture; Ministry of Physical Culture, Sports and Youth Policy; Department of Labor and Employment of the Population; Civil Registry Office. The Regulation lists the types of activities that these bodies should be engaged in within the framework of interdepartmental interaction.

The management subsystem of the state part of the federal and regional levels includes social service organizations,

which are under the jurisdiction of the federal executive authorities or under the authority of the executive authorities of the constituent entities of the Russian Federation (regional level). In accordance with Part 1 of Art. 23 of the Federal Law No. 442 social service organizations are organizations providing social services at home, semi-stationary social services, stationary social services. The organizational and legal forms of social service organizations are enshrined in the Rules for organizing the activities of social service organizations, their structural divisions, approved by order of the Ministry of Labor of Russia dated November 24, 2014 No. 940n.

The management subsystem of the non-state part includes non-state (commercial and non-commercial) social service organizations, including socially oriented non-profit organizations, as well as individual entrepreneurs providing social services.

The subsystem of subjects of social services in all parts of this system includes citizens-recipients of social services. Based on the content of Art. 15 of Federal Law No. 442, the following groups of recipients of social services can be distinguished: elderly citizens (senior citizens); disabled people; disabled children; children left without parental care; children and adolescents with disabilities; single pensioners; women victims of domestic violence; war and labor veterans; adults with disabilities; persons without a fixed place of residence and occupation.

The subsystem of types of social services is enshrined in Art. 20 and 21 of Federal Law No. 442. According to Art. The 20 types of social services are social, social, medical, socio-psychological, socio-pedagogical, social and labor, social and legal, services provided to increase the communicative potential of recipients of social services, as well as urgent social services. The latter include the provision of free hot meals or food packages, clothing, footwear and other essentials; assistance in obtaining temporary housing, legal assistance in order to protect the rights and legitimate interests of recipients of social services, emergency psychological assistance with the involvement of psychologists and clergy in this work; other urgent social services.

The information subsystem is legally enshrined in Art. 13, 24, 25 and 26 of the Federal Law No. 442. According to Art. 13 social service providers form public information resources containing information about their activities and provide access to these resources. In Art. 24 states that information systems in the field of social services collect, store, process and provide information about social service providers (register of social service providers) and about recipients of social services (register of social service recipients). The content of the register of social service providers is presented in Art. 25, and the register of recipients of social services - in Art. 26. In addition, Decree of the Government of the Russian Federation of November 24, 2014 No. 1239 approved the Rules for posting and updating information about a social service provider on the official website of a social service provider on the Internet information and telecommunication network, and by order of the Ministry of Labor of Russia of November 17, 2014 No. 886n - The procedure for posting on the official website of a social service provider in the information and telecommunications network "Internet" and updating information about this provider (including the content of this information and the form of its provision).

The legal subsystem exists in all parts of the social service system. At the same time, regulatory legal acts of the federal level can apply to the entire system of social services, and regulatory legal acts of the regional level - to state authorities and social service organizations of the constituent entities of the Russian Federation, to non-governmental social service organizations and individual entrepreneurs providing social services. As for the local acts of organizations of the federal and regional levels, non-governmental organizations, they operate only within the boundaries of these organizations. The same applies to local acts of individual entrepreneurs.

In the development of Federal Law No. 442, the Government of the Russian Federation and the Ministry of Labor of Russia adopted by-laws. Thus, the Government of the Russian Federation, by Decree No. 1236 of November 24, 2014, approved the Indicative List of Social Services by Type of Social Services; dated November 24, 2014 No. 1239 - Rules for posting and updating information about a social service provider on the official website of a social service provider on the Internet information and telecommunication network; dated December 1

2014 No. 1285 - Methodological recommendations for calculating per capita norms for financing social services, etc. The Ministry of Labor of Russia, exercising its powers, approved the Procedure for sending citizens to stationary social service organizations with special social services (order No. 870n of November 6, 2014); Approximate procedure for the provision of social services in the stationary form of social services (order dated November 24, 2014 No. 935n); Approximate procedure for the provision of social services in the form of social services at home (Order No. 939n dated November 24, 2014), etc.

3. The place of social security law in the system of Russian law and the place of legal norms on social services in the system of the branch of social security law.

Speaking about the legal subsystem, we note that there is no consensus on the place of legislation on social services in the system of Russian legislation. So, T. A. Anbrecht believes that the legislation on social services refers to administrative legislation [Anbrecht 2001]. G. G. Pashkova is convinced that Federal Law No. 442 transferred social services to the contractual sphere, that is, to the scope of civil law [Pashkova 2015].

From our point of view, in this case there is a complex legal regulation of social relations. In other words, relations in the field of social services for citizens are regulated by normative legal acts of several branches of legislation, and we should talk about intersectoral, integrated regulation. Administrative legislation, for example, applies to relations between federal executive authorities and social service organizations under their jurisdiction, as well as executive authorities of the constituent entities of the Russian Federation. In addition, it extends to the relations between the executive authorities of the constituent entities of the Russian Federation and organizations under their jurisdiction. Relations on the financing of social services are under the influence of financial legislation, and relations on the provision of certain types of social services to citizens are under the regulatory legal acts of housing, family, labor legislation, legislation on social security, and employment. If we are talking about citizens receiving certain types of social services at full cost, then here we are dealing with civil law [Maifat, Shipulina 2012].

The question of the place of legal norms on social services in the system of the branch of social security law cannot be resolved only in the context of Federal Law No. 442, because (as noted earlier) social services include not only the types of services provided for in Federal Law No. 442, but also others. In addition, it is necessary to decide: 1) whether the norms of law on social services constitute a legal institution of a branch of social security law or a general institution or a sub-branch; 2) what is the structure of this legal entity?

The significant development of the legal norms on social services in recent years allows us to agree with the opinion of a number of lawyers that these norms together constitute a general institution as part of a special part of the social security law branch. The situation with the structure of this general institution is more complicated. Some scientists take the subjects of provision as the basis of its structure and single out legal institutions of social services for the elderly, disabled and children [Buyanova 2003: 28], others - both forms and types of social services, and its subjects.

They distinguish the following legal institutions: stationary and semi-stationary services; social assistance at home; urgent social assistance; vocational training and employment of disabled people; providing disabled people with technical means of rehabilitation; prosthetic and orthopedic care; social services for children [Problems of the General Part 2017: 118]. With such a classification, one can only partly agree. Of course, it is difficult to find one basis for classification (forms, types or subjects of social services). In this regard, in our opinion, it is necessary to combine some forms and types of social services, as well as introduce more modern terminology into this area.

In view of the foregoing, we believe that the general institution of social services should include such legal institutions as stationary social services; social services at home; prosthetics and orthotics; providing citizens with special vehicles; vocational rehabilitation and habilitation; funeral services.

Bibliography

Cerna J., Trinnerovâ D., Vacik A. Pravo socialniho zabezpeceni. Plzen: Canek, 2007. 230 p.

Dupeyroux J. J. Droit de la securité social. P.: Dalloz, 2005. 1245 p.

Eichenhofer E. Sozialrecht. Tubingen: Molz Siebeck, 2010. 335 s.

Anbrecht T. A. Organizational and legal problems of the activities of state social service bodies in the Russian Federation: author. dis. ... cand. legal Sciences. Tyumen: Publishing House of Tyumen State University, 2001. 20 p.

Buyanova M. O. Social services for Russian citizens in a market economy (theoretical and legal aspect): author. dis. ... Dr. jurid. Sciences. M.: MGYuA, 2003. 63 p.

Ivashkina Yu. Yu. Structure and subjects of the system of social services for families with children // Problems of territory development. 2016. No. 3. P. 100-118.

Karpova E. Yu. New aspects of legislation on social services for citizens in the Russian Federation // Science and Modernity. 2015. No. 35. S. 228-232.

Makarova E. Yu. Normative-legal regulation of social services for disabled people // Bulletin of the Novgorod branch of the RANEPA. 2017. V. 6. No. 1-1. C. 192-198.

Mayfat A. V., Shipulina L. N. Guarantees and standards of social services: some controversial issues of legal regulation // Russian Journal of Law. 2012. No. 3. S. 199-203.

Novokhatskaya I. P., Kruchek I. V. Paid social services in the context of the problems of organizing social services in rural areas // Issues of Russian and International Law. 2016. No. 9. S. 271-282.

Pashkova G. G. On the issue of social services for citizens // Legal problems of strengthening Russian statehood: coll. Art. Tomsk: Publishing House Vol. un-ta, 2015. Ch. 64. S. 46-49. Doi: 10.17223/9785751123604/24.

Problems of the General part of social security law: monograph. / ed. E. G. Tuchkova. M.: Prospekt, 2017. 416 p.

The law of social security in Russia: textbook. for bachelors / ed. E. G. Tuchkova. M.: Prospekt, 2014. 456 p.

The right of social security: textbook. / ed. V. Sh. Shaykhatdinova. Moscow: Justice, 2017. 552 p.

Tokareva E. A. Questions of terminology in the law of social security: monograph. Yekaterinburg: Azhur, 2017. 121 p.

Cheltsova M. G. Social service as an institution of social security law // Interexpo GEO-Siberia. 2015. V. 6. No. 1. S. 48-51.

Shkatulla V.I. Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation”: article-by-article scientific and practical. comment. M .: Editorial office “Ros. newspapers", 2016.

Vladimir Shamilevich Shaykhatdinov - Doctor of Law, Professor, Head of the Department of Social Law, State and Municipal Service of the Ural State Law University (Yekaterinburg). 620137, Russian Federation, Yekaterinburg, st. Komsomolskaya, 21. E-mail: [email protected]

Problems of the Russian System of Social Services in the Context of the Federal Law No. 442-FZ

In December 2013 the Federal Law No. 442-FZ "On the bases of social services for citizens of the Russian Federation" was adopted. Taking into account its provisions and regulations adopted in accordance with this Federal Law, the author proposes a theoretical model of a system of social services and identifies state and non-state parts of the system as well as a range of subsystems (informational, legal, financial, administrative, etc.).

Among the problems of the system of social services the author defines the following: an absence of a municipal part within the social services system, though the local governmental bodies are the nearest to citizens public authorities therefore they have some functions in the field of social care ; imperfect mechanism of allocation of powers in the social care field between the Russian Federation and sub-federal entities (legal regulation in this field is carried out mainly at the federal level); problems connected with defining a position of social security law within the Russian legal system as well as a position of rulings concerning social service within the social security law as a branch of Russian law.

It is emphasized that scholars do not have a consensus regarding to these questions. In author's opinion, social security law is a complex branch of law influenced by both public-law and private-law regulation.

Key words: social service, system of social services, social security law, subjects of social service, kinds of social service

Anbrekht T. A. Organizatsionno-pravovye problemy deyatel "nosti organov gosudarstvennoi sotsial" noi sluzhby v Rossiiskoi Federatsii: avtoref. dis. ... cand. yurid. nauk , Tyumen", Izd-vo TyumGU, 2001, 20 p.

Buyanova M. O. Sotsial "noe obsluzhivanie grazhdan Rossii v usloviyakh rynochnoi ekonomiki (teoretiko-pravovoi aspekt): avtoref. dis. ... d-ra yurid. nauk. Moscow, MGYuA, 2003, 63 p.

Cerna J., Trinnerova D., Vacik A. Prâvo socialniho zabezpeceni, Plzen, Canek, 2007, 230 p.

Chel "tsova M. G. Sotsial" noe obsluzhivanie kak institut prava sotsial "nogo obespecheniya, Interekspo GEO-Sibir", 2015, vol. 6, no. 1, pp. 48-51.

Dupeyroux J. J. Droit de la securité social, Paris, Dalloz, 2005, 1245 p.

Eichenhofer E. Sozialrecht, Tubingen, Molz Siebeck, 2010, 335 p.

Ivashkina Yu. Yu. Struktura i sub "ekty sistemy sotsial" nogo obsluzhivaniya semei s det "mi, Problemy razvitiya territorii, 2016, no. 3, pp. 100-118.

Karpova E. Yu. Novye aspekty zakonodatel "stva o sotsial" nom obsluzhivanii grazhdan v Rossiiskoi Federatsii, Nauka i sovremennost", 2015, no. 35, pp. 228-232.

Issue. 23. 175 p.

Makarova E. Yu. Normativno-pravovoe regulirovanie sotsial "nogo obsluzhivaniya invalidov, Vestnik Novgorodskogo filiala RANKhiGS, 2017, vol. 6, no. 1-1, pp. 192-198.

Maifat A. V., Shipulina L. N. Garantii i standarty sotsial "nykh uslug: nekotorye spornye voprosy pravovogo regulirovaniya , Rossiiskii yuridicheskii zhurnal, 2012, no. 3, pp. 199-203.

Novokhatskaya I. P., Kruchek I. V. Platnye sotsial "nye uslugi v kontekste problem organizatsii sotsial" nogo obsluzhivaniya v sel "skoi mestnosti, Voprosy rossiiskogo i mezhdunarodnogo prava, 2016, no. 9, pp. 271-282.

Pashkova G. G. K voprosu o sotsial "nom obsluzhivanii grazhdan. Pravovye problemy ukrepleniya rossiiskoi gosudarstvennosti: sb. st. , Tomsk, Izd-vo Tom. un-ta, 2015, vol. 64, pp. 46-49, doi: 10.17223/9785751123604 /24.

Shayhatdinov V. Sh. Pravo sotsial "nogo obespecheniya: ucheb. , Moscow, Yustitsiya, 2017, 552 p.

Shkatulla V. I. Federal "nyi zakon "Ob osnovakh sotsial" nogo obsluzhivaniya grazhdan v Rossiiskoi Federatsii": postateinyi nauch.-prakt. kommentarii, Moscow, Redaktsiya “Ros. gazety, 2016, vol. 23, 175 p.

Tokareva E. A. Voprosy terminologii v prave sotsial "nogo obespecheniya: monogr. , Ekaterinburg, Azhur, 2017, 121 p.

Tuchkova E. G. (ed.) Pravo sotsial "nogo obespecheniya Rossii: ucheb. dlya bakalavrov, Moscow, Prospekt, 2014, 456 p.

Tuchkova E. G. (ed.) Problemy Obshchei chasti prava sotsial "nogo obespecheniya: monogr. , Moscow, Prospekt, 2017, 416 p.

Vladimir Shayhatdinov - doctor of juridical sciences, professor, head of the Chair of social law, state and municipal service, Ural State Law University (Yekaterinburg). 620137, Russian Federation, Yekaterinburg, Komsomol "skaya str., 21. E-mail: [email protected]

Problems of introducing volunteering in budgetary institutions of social services for the population. Kovaleva A.V., Pavlova O.A. St. Petersburg State Budgetary Institution of Social Services for the Population "Integrated Center for Social Services for the Population of the Frunzensky District of St. Petersburg", St. Petersburg, Russia

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The article discusses the regulatory framework for the introduction of volunteering and the problems of attracting volunteers in budgetary institutions of social services to the population.

Keywords:social service institutions, charity, volunteerism, regulatory framework, road map.

One of the most pressing issues of organizing social services at the present stage is the organization of work with philanthropists and volunteers to provide social services to needy categories of the population. The theme of charity and volunteerism has been developed since the approval of the Concept of long-term socio-economic development of the Russian Federation for the period of 2020, approved by the Order of the Government of the Russian Federation dated November 17, 2008 No. 1662-r. Clause 8 of the Concept "Development of social institutions and social policy" indicates the need for modernization and development of the social services sector to achieve the strategic goals of the concept.

The long-term policy of social support for the population includes, as one of the priority areas of development, the sector of non-governmental non-profit organizations in the provision of social services, which in turn involves promoting the development of the practice of charitable activities of citizens and organizations, as well as the spread of volunteering.

The Decree of the Government of the Russian Federation dated June 8, 2016 No. 1144-r “On the action plan (“road map”) “Supporting the access of non-governmental organizations to the provision of services in the social sphere” served as the regulatory framework for the development of charity and volunteerism.” In this Order the necessary steps for the development of volunteerism are indicated:

• description of the best practices for attracting volunteers and volunteer organizations by state and municipal institutions and preparation of methodological recommendations for their replication (paragraph 22 of the Plan).
• development and approval of a concept for the development of volunteerism in the social sphere until 2020 and an action plan for its implementation (terms: June 2017) (paragraph 24 of the Plan).

Item 22 was implemented by the letter of the Ministry of Economic Development of Russia dated November 29, 2016 N 36550-OF / D01i “On methodological materials for attracting and organizing volunteers and volunteer organizations by state and municipal institutions”.

Item 24 is being implemented by the Draft Decree of the Government of the Russian Federation “On Approval of the Concept for the Development of Volunteering (Volunteering) in the Russian Federation until 2025 (prepared by the Ministry of Economic Development of Russia on June 26, 2017).

In Order of the Government of St. Petersburg of April 10, 2013 N 25-rp "On the action plan ("road map") "Improving the efficiency and quality of services in the field of social services in St. Petersburg for 2013-2018"", as and in the "road maps" of other regions, the need to develop the possibility of attracting volunteers is also affirmed in order to ensure accessibility, a significant increase in the efficiency and quality of the provision of social services to the population of St. Petersburg.

Despite the need to develop the organization of work with volunteers indicated in the legislative acts, social service institutions in their practice faced the lack of a regulatory framework that would allow both to involve volunteers in the provision of social services and to legally organize the work of volunteers in the field.

So, for example, there are no standard forms of provisions on volunteering, forms of contracts with volunteers, liability contracts, etc. The obligation to develop data and legal documents, as a rule, rests with the institution itself, which involves volunteers in its work to provide social services to citizens. Thus the organization falls into a certain zone of legal risk a, which is an argument in favor of refusing to work with volunteers.

The next problematic issue faced by institutions is a question about the search and verification of a volunteer: his competence, qualifications, practical skills, available documents, medical contraindications and completed training. The social service institutions themselves cannot obtain all the necessary information about the applied potential volunteer. Thus, organizations are forced to take risk for the actions of this volunteer to myself. Therefore, volunteers are involved not so often and, as a rule, for one-time events with the participation of representatives of the organization: educators, cultural organizers, social work specialists.

But if nevertheless, in institutions of social assistance to families and children, despite the existing problems of interaction, volunteers are involved, then in institutions of social service for elderly citizens this is very problematic, since visiting social service recipients or various voluntary assistance to recipients of social services in the form of home, can only be carried out in the presence of a social worker who is responsible for the elderly person served by him, and the quality of social services provided to him, which burdens the social worker with an additional burden. An outsider, such as a volunteer, cannot be recruited to work on his own. There are no methodological recommendations or a standard list of services that volunteers can perform in social service organizations, and, accordingly, be responsible for the quality of the provision of these services while not performing the functions of employees of the organization provided for by the law on social services and the departmental list of social services.

As a result, we can conclude that today social service organizations that are within a strict legislative framework, controlled by authorities at various levels, are not ready for the massive involvement of volunteers in the provision of social services to the population.

Links to sources

1. Federal Law "On charitable activities and charitable organizations" dated August 11, 1995 No. 135-FZ (as amended on May 5, 2014)
2. The concept of long-term socio-economic development of the Russian Federation for the period up to 2020 (approved by the order of the Government of the Russian Federation of November 17, 2008 N 1662-r)
3. Draft Decree of the Government of the Russian Federation "On approval of the Concept for the development of volunteerism (volunteering) in the Russian Federation until 2025" (prepared by the Ministry of Economic Development of Russia on 06/26/2017)
4. Decree of the Government of the Russian Federation of June 8, 2016 No. 1144-r “On the action plan (“road map”) “Support for access of non-governmental organizations to the provision of services in the social sphere””
5. Order of the Government of St. Petersburg dated April 10, 2013 N 25-rp “On the Action Plan (“road map”) “Improving the efficiency and quality of services in the field of social services for the population in St. Petersburg for 2013-2018”

According to Russian legislation, social services are the activities of the relevant services for social support, the 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 Decree of the Government of the Russian Federation of November 25, 1995 No. No. 1151, where the federal list of state-guaranteed social services provided to the elderly and disabled was specified. This act lists the services provided to the disabled and the elderly in a stationary institution and at home: material, social, medical, legal, ritual, educational services, as well as services related to social and labor rehabilitation.

Decree of the Government of the Russian Federation of April 15, 1996 No. No. 473 regulates the procedure for the provision of social services. They can be used free of charge:

Lonely disabled people who receive a pension (including allowances) in the amount below the subsistence minimum established for the region;

Disabled persons with relatives who, for objective reasons, cannot provide assistance and care, provided that their pension is below the subsistence level;

Disabled people living in families whose average per capita income is below the subsistence level.

Social services for disabled people include a set of social services (care, catering, assistance in obtaining medical, legal, socio-psychological and natural types of assistance, assistance in vocational training, employment, leisure activities, assistance in organizing funeral services, etc.) that are provided disabled citizens at home or in social service institutions, regardless of ownership.

Such services are provided only with the voluntary consent of the disabled, unless it is necessary to do so in order to save the life of the disabled (perhaps even against his will).

The provision of social services can be carried out at home, when placed in a special institution (hospital), which provides constant care for the persons in it, as well as in the form of semi-stationary services.

Home social services guaranteed by the state in the federal list include:

Catering services, including home delivery of groceries;

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

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

Maintaining living conditions in accordance with hygiene requirements;

Assistance in organizing legal assistance and other legal services;

Assistance in organizing funeral services;

Other home social services.

Semi-residential social services include:

Social, medical and cultural services for the disabled;

Organization of their food, rest;

Ensuring their participation in feasible labor activity;

Maintaining an active lifestyle.

It is provided to disabled people who need it, who have retained the ability to serve themselves and actively move around, who do not have medical contraindications to providing it, and is carried out by day (night) stay departments created in municipal social service centers or under social protection bodies.

Stationary social services are aimed at providing comprehensive social and household assistance to disabled people who have partially or completely lost the ability to self-service and who, for health reasons, need constant care and supervision. It includes measures to create for the disabled the most convenient and comfortable living conditions for their age and state of health, as well as providing them with medical and other assistance that contributes to the achievement of such a state, organizing their rest and leisure. Stationary social services for the disabled are carried out in boarding schools, specially equipped in accordance with their age, health and social status. A disabled person who chooses to live in such an institution is by no means deprived of the opportunity to lead a comfortable and familiar life. He has the right to use telephone and postal services for a fee according to the current tariffs, to meet with relatives and friends at almost any time. Spouses from among those living in a boarding house have the right to demand that they be provided with an isolated living space for cohabitation.

A set of measures related to social services for the population also implies compliance with the rules of law that apply not only to the disabled, but to all citizens. In particular, this applies to servicing the population in shops, ateliers, households and other organizations of this kind. True, in these cases, too, the legislation directs persons involved in the provision of such services to a special attitude towards citizens recognized as disabled. Thus, disabled people of groups I and II should be served out of turn in trade, public catering, consumer services, communications and housing and communal services, in healthcare, education, culture, legal services and other organizations that provide services to the population.

The concept of social service

Considering the question of the features and problems of social services, let's figure out what it is.

In modern theoretical science, it is customary to believe that social services are a direction of social work, part of the social policy of the state, within the framework of which the state provides social assistance and support to the population in need for the purpose of its adaptation and harmonious development.

Features of social service

Features of social service lie in its understanding. Since social services are considered part of the social policy of the state, the state has a leading role in this area of ​​activity. The Institute of Non-Governmental Organizations of Social Services has just begun its formation.

Despite the relative youth of the institution of non-state social services, it is designed to complement the state system of social services by diversifying the content of social services, increasing the volume of services and improving their quality and the quality of services provided.

Remark 1

In connection with the significant role of the non-state sector, it is worth noting that the state should provide assistance in the formation of a system of both state and non-state assistance, since it is the state that has many opportunities to form a complementary system for the provision of social services.

At present, the system of social services is undergoing changes, being in the process of forming a network of social institutions that take into account the specifics of the constituent entities of the Russian Federation, their economic situation, cultural and climate characteristics, etc. when providing social services.

The system of social services in our country began its formation during crises, both economic and socio-cultural, which required a change in the conceptual basis of social work and the formation of a personnel basis, as well as a change in the legal framework in the field of social services.

At the moment, the economic situation in Russia determines the scope, content and specifics of social services provided to the population. The current economic situation is characterized by:

• scaling up social services,
• increase in the number of social services;
• an increase in the number of people in need of social support.

Remark 2

A new milestone in the development of the social service system was the adoption of a new federal law “On the Fundamentals of Social Services for the Population”, which made it possible to more deeply introduce the principle of targeting in the provision of social services, and also removed from circulation the concept of types of social services that had previously been the basis for the adoption of regulatory legal acts in this area and created an opportunity for the formation of a non-state sector of social services.

Problems of social services in Russia and ways to solve them

Financing social services.

The economic situation in our country is developing in such a way that the number of people in need of social services is growing. Meanwhile, the amount of resources is still limited. With simple calculations, in conditions of limited resources and an increase in the number of those who need them, a situation of a shortage of resources inevitably develops. One of the major problems of social services for the population is insufficient funding. An attempt to improve the situation was made with the adoption of a new federal law on the basics of social services, which provides opportunities for the development of the non-state sector of social services, as well as determining the list of paid services, respectively, allocating income from the provision of social services to a separate source of funding for this area of ​​social work.

Lack of legal and regulatory framework.

The adoption of a new law on social services solved many legal problems in the field of delineation and transfer of powers in the field of social services to the municipal level, where assistance to the population is more targeted. The new law does not contain the concept of a difficult life situation, it was replaced by circumstances that are the basis for the provision of social services. Also, an innovation of the federal law on social services was the maintenance of an individual program for the recipient of social services, taking into account the conditions and needs of the consumer of social services.

Remark 3

At the moment, social security law and social services as its institution need to be adopted by a codified normative act.

Lack of qualified personnel.

Despite the fact that the institution of social work has been formed in Russia for more than a decade, the question of the staffing of social services remains open. This area of ​​work is characterized by low wages and high psychological deterioration, which is the reason for the unpopularity of the profession of social work specialist in educational institutions.

Undeveloped non-state sector of social services for the population.

The adoption of the law on the basics of social services opened up some additional opportunities for the development of the non-state sector. It is necessary to strengthen the role and participation of public and religious organizations in social service activities.

Inequality of the resource base of the constituent entities of the Russian Federation in social services.

The problem of inequality can be solved by distributing resources between subjects, taking into account the characteristics of regional social services, living conditions, the economy of the region, etc. It is also possible to grant the regions greater powers in the field of social services, the possible use and development of regional forms of social services.

Thus, summing up the above, we note that social services are a mechanism for solving social problems of society, social groups and individuals in particular, therefore, social services should be built with a focus on the priority of human rights and freedoms.