442-FZ "On the basics of social services": general characteristics
According to the Constitution, the Russian Federationis a socially oriented state. That is why all categories of citizens should be provided with high-quality social services, the order of which is regulated in 442-FZ. Some provisions of this normative act will be analyzed in the article.
What is the law about?
Federal Law No. 442-FZ contains a number of goals and tasks that are binding on the parties concerned. Here it is worth paying attention to:
- legal, economic, organizational and other bases of servicing citizens in the sphere of provision of social benefits;
- a number of powers and responsibilities of both recipients and suppliers in the sphere in question;
- a number of rights of federal and subordinate instances of state power, etc.
What, according to 442-FZ, is a socialservicing Russian citizens? Article 3 deals with the activities of officials in providing a number of useful services to the public. It should be noted that social services should strictly comply with certain standards, that is, the requirements for the frequency, volume and quality of a service.
On the principles of social services
Such an important and extensive area as renderingservices of a social nature to the population must necessarily be based on a number of principles, ideas and conditions. The most important principle here, of course, is the protection of human rights and citizenship. Work in the field in question should be humane, and not allow humiliation of the person and dignity of a person.
It is also necessary to pay attention to the following principles:
- voluntariness and confidentiality;
- targeting of services;
- equal access of all population groups to social services;
- territorial proximity of service providers to the places of residence of recipients, and so on.
The functioning of the system under consideration will be impossible if at least one of the presented principles disappears.
About the service system
In Article 5 No. 442-FZ "On the basis of the socialservice "provides a description of the structure in the sphere in question, which includes a number of government bodies, organizations and non-profit enterprises.
Government as the main instanceexecutive power is the most important body in the field of social services. It is the government that is called upon to implement and develop state policy and regulatory and legal regulation throughout the system. The federal executive body issues orders to regional bodies - administrations of Russian subjects. In addition, the government controls various private organizations of a commercial and non-commercial type. The system can also include ordinary citizens who are individual entrepreneurs - but only those who are engaged in social services.
On the duties of the subjects of the system
According to Chapters 3 and 4 No. 442-FZ, as recipients,and service providers in the social sphere have a number of compulsory functions. To begin with, it is necessary to disassemble the obligations of the recipients, enshrined in Article 10 of the normative act in question. Here, what is worth emphasizing here:
- provision of all necessary documentation to state bodies;
- timely notification of suppliers of changes in circumstances that necessitate the provision of services;
- observance of the conditions fixed in the contract with the supplier.
According to the same Article 12 of the Federal Law No. 442-FZ, service providers have the following responsibilities:
- the exercise of their professional functions in strict accordance with the law;
- implementation of social support;
- legal use of information about the recipient;
- provision of urgent services, etc.
It is also worth noting that service providers should not restrict the rights or freedoms of people, use any kind of violence, tolerate ill-treatment, etc.
On the Rights of the System Subjects
What are the benefits of social service providers? Here it is worth paying attention to Article 11 No. 442-FZ, which reads as follows:
- possibility to make inquiries of all necessary information from public authorities;
- possibility to be included in the register of suppliers - federal or regional type;
- the right to refuse to the recipient of services or the applicant in the event that the contract was not properly executed or all the necessary documentation was provided.
Recipients of the same services have the right to humane andrespectful attitude to the free choice of the supplier, obtaining in a free and accessible form information about their duties and powers, to participate in the formulation of programs of an individual character and much more.
On forms of social services
In what kinds and forms can the system be expressedprovision of social services? Article 19 No. 442-FZ "On Social Services" refers to the provision of services at home, in a fixed or semi-permanent form.
Home service does not have a time frame, andthe other types of services should be strictly regulated by certain hours. It should also be noted that purchasers of social services in a stationary or semi-permanent form must necessarily be provided:
- the possibility of escorting while traveling through the territory of the provision of services;
- the right of independent movement;
- the ability to receive duplicate text with voice messages, and vice versa;
- the right to receive other types of assistance that are in accordance with the law.
Social services themselves can have social, medical, psychological, labor or other nature.