The ConstitutionArticle 39 Russia is guaranteed social security, and federal lawFederal Law “On the Social Protection of Persons with Disabilities in the Russian Federation” of 24.11.1995 N 181-FZ – social protection of disabled people. People who received the status of a disabled person for health status have equal opportunities with other citizens in the implementation of civil, economic, political and other rights. And also a number of privileges.
Medicine and Rehabilitation
Persons with disabilities are entitled to free medicines, vouchers and various medical devices.
Free medicine is prescribed by a doctor. They are given out in pharmacies according to recipes. In this case, the prescription must be issued on a special form and certified by the head of the department. A pharmacy should have the right to participate in the federal program to provide citizens with concomitant medications. The All-Russian list of free medicines is established by the Government. In 2017, it included 646 drugs.
Once a year a disabled person has the right to free sanatorium treatment. You can not choose a sanatorium, but you pay for travel to and from the sanatorium.
Since 2005, free medicines and vouchers can be refused and receive a monthly cash payment (EDV) for them.
This is the so-called monetization of benefits. EFA are received together with pension. Every year they index it.
There is a right to receive free technical means of rehabilitation (TSR). These are prostheses, walking sticks, hearing aids, strollers, personal hygiene items and many other things that are necessary for people with various disabilities in everyday life.
ScrollOrder of the Ministry of Labor of Russia of December 28, 2017 ТСР and indications to their application is approved by the Order of the Ministry of Labor and Social Protection of the Russian Federation. In order to obtain the TCP, it is necessary to inscribe it in the individual rehabilitation program for the disabled (IRP).
This is help to citizens who can not independently provide their basic life needs.
To formsChapter 6 of the Law “On the Basics of Social Services for Citizens in the Russian Federation” social services include:
- Help at home. Cleaning, purchase of products and essentials.
- Assistance in obtaining medical care and care while in specialized boarding houses and boarding schools.
- Advising on various issues – from legal to psychological.
For the receipt of social services you need to contact the local social protection authorities.
Still in Russia there is a programState program “Accessible Environment” for 2011-2025 “Affordable environment”, within the framework of which they adapt the infrastructure and improve the sphere of services.
For example, a disabled person has the right toThe procedure for rendering services to people with disabilities in the postal service and at the place of residence (at home) Call the postman to send a letter or order a parcel delivery to the house. It’s free. We need to call our office and remind that the Russian Post is participating in the implementation of the federal program.
Pension and taxes
Persons with disabilities of all groups and children with disabilities are entitled to a social pension.
The average pension of the disabled group I after the indexation of 2018 is 13,500 rubles.
Also, the disabled of the I group and children with disabilities are entitled to a nursing allowance. For its registration it is necessary to find an able-bodied, but not having any income assistant and apply to social protection. The amount of the care allowance is 1,500 rubles, for disabled parents of disabled children 5 500 rubles.
Parents of children with disabilities have the right to a number of other privileges: income tax deduction, four additional days off per month, retirement for five years before reaching the retirement age.
For disabled I and II group there are tax breaks. They are exempt from property tax (Article 407Article 407. Tax Benefits Tax Code of the Russian Federation) and have privileges on land and transport taxes. At the same time, the right to deductions remains.
When applying to the court, the disabled are exempt from payment of the state duty if the price of the claim is less than one million rubles. When applying to a notary for disabled I and II group, a 50% discount applies (Article 333.38Article 333.38. Benefits for applying for notarial acts Tax Code of the Russian Federation).
Housing and utilities
Persons with disabilities and their family members living with them have the right to:
- Improvement of living conditions – Article 17Article 17. Provision of housing for the disabled The law “On the social protection of disabled people in the Russian Federation”. If there are more people than square meters, or over the house crying overhaul, you can queue up for living space. People suffering from severe forms of chronic diseases go out of turn. Housing is provided under a social contract.
- Obtaining a land plot for the construction of a house or a garage or a garden and farming out of turn and without bidding.
- 50% discount for housing and communal services. The privilege is granted individually. For example, if a disabled person lives with three relatives, then from the amount in the payment card, calculate ¼ and divide it in half. This will be his compensation for the housing and communal services.
Once a year a disabled person has the right to free railLong distance fares or tickets to the place of treatment and back. To receive them, you need to issue a coupon in your branch of the Social Insurance Fund. Travel is paid to the disabled and accompanying person. Provided that the first did not switch to EDV.
On the Russian railways, 534 wagons with special compartments run. Tickets in them are 50% cheaper than in usual ones. Discount when buying a ticket is immediately displayed on the website of RZD.
Airports and railway stations are becoming more convenient for less mobile citizens. Special services have been created that help handicapped people with luggage and escort them to places on the train or plane.
As for urban and suburban communication, in the regions they develop and introduce social travel tickets. Typically, this is a registered document, which is purchased at a fixed price. He gives the right of free travel on all types of public transport, except for taxis.
If a disabled person drives a car, he can count on free parking spaces. To do this, you need to hang a corresponding sign on the glass and carry with them the title documents.
Study and work
Disabled people in Russia can go through all stages of education – from preschool to higher education.
The state supports the receipt of education by persons with disabilities and guarantees the creation of necessary conditions for disabled persons to receive it.
Article 19 of the Law “On the Social Protection of Persons with Disabilities in the Russian Federation”.
Children with disabilities have the right to go to regular kindergartens and schools – in 2016, the Law on Education introduces short stories about inclusion. There are also specialized (correctional) educational institutions and a form of family education.
To enroll in a college or university, it is enough to get a passing score on the exams – disabled people go out of the competition. If necessary, the entrant (student) with a disability can increase the duration of the exam or change the form of receiving the answers.
Disabled workers have a number of additional guarantees.
- The maximum duration of the working week for disabled people of Groups I and II is 37 hours (Article 92Article 92. Shortened working hours Labor Code of the Russian Federation).
- Annual paid leave is 30 days (Article 115Article 115. Duration of the annual basic paid leave Labor Code of the Russian Federation)
- Leave at your own expense – up to 60 days a year (Article 128Article 128. Leave without pay Labor Code of the Russian Federation).
- Attraction to after-hours, night work and holidays – only with written consent.
- You can not be fired with a reduction in the number of staff.
At the same time, many subjects of the Russian Federation stipulate quotasArticle 21. Establishment of a quota for the employment of persons with disabilities work places. In companies of more than 100 people there should be between 2 and 4% of disabled people. If the employees are from 35 to 100, the quota is no more than 3%. At the same time, the employer must equip the disabled person’s workplace in accordance with the requirements of his IPR.
Disabled persons are guaranteed the right to access information. Therefore, libraries should have books on Braille. And the official speech must be accompanied by a sign language translation.
Persons with disabilities have the right to unimpeded access to public places. This means that in theaters, concert halls and other institutions there must be ramps, personnel call buttons and other paraphernalia. Discounts are often given to disabled people when visiting many cultural and entertainment events.
Protection of disabled people
People with disabilities in Russia have many preferences. But their implementation suffers. Free medicines are not enough. They buy the cheapest and unusable stroller. The trips have to wait for years, and places for the disabled in the parking lot are taken care of by everybody.
What happens when you constantly face the violation of the rights of people with disabilities? Is it possible to count on free legal support? And is it worth appealing to international organizations if domestic remedies have been exhausted?
Layfhaker asked practicing lawyers.
For violation of the rights of disabled people, both criminal and administrative responsibility is provided. Faced with violation of their rights, a disabled person can complain to the prosecutor’s office or to a court.
In the first case, enough written or oral statements (for example, if you come to a personal reception to the prosecutor). Based on the application, a prosecutor’s examination will be conducted. If the facts of violation of his rights are confirmed, the culprit will be held accountable.
In addition, the prosecutor has the right to apply to the court. If it detects violations during an audit conducted on its own initiative. Or on the basis of a disability complaint. In practice, almost always such claims are subject to satisfaction.
The person with disabilities can also apply to the court. And both in parallel with the complaint to the prosecutor’s office, and without it. Or in case of disagreement with the results of the prosecutor’s inspection.
If a disabled person goes to court, he will have to collect and present evidence on his own. In this case, you can demand compensation for moral damage. In simple words, to collect money from people who violated his rights. While the result of applying to the prosecutor’s office (or to the court of the prosecutor himself) will be only administrative punishment and the court’s decision to eliminate the very fact of the violation.
According to the law “On Free Legal Aid in the Russian Federation”, disabled people of Groups I and II have the right to it. You can be advised, assisted with the preparation of claims, claims and other documents. And also represent your interests in court.
You can apply for free legal aid yourself or through a representative. But not to all lawyers and lawyers in general. But only to those who are participants in the state or non-state system of free legal aid.
To find out which legal offices are among the participants, you can:
- in the territorial body of social protection or on the website of the regional department of this body.
- on the website of the Chamber of Advocates of the region of residence of the disabled person (you can call this body).
- on the website or by phone of a regional body of the Ministry of Justice of the Russian Federation.
Also in many cities, at law universities there are so-called legal clinics. In them, students provide free assistance in legal matters, including the disabled. Of course, under the supervision of teachers or experienced lawyers – curators of these projects.
Russia is a country that has ratified the UN Convention on the Rights of Persons with Disabilities of December 13, 2006, but without its Optional Protocol. This means that the text of the Convention is superior to any domestic law. In case of violation of their rights, the disabled person can refer to this document. But only within the country. To apply to the Committee on Violation of Rights, which monitors compliance with the Convention, a disabled person can not. The reason is an unratified Optional Protocol.
However, this does not negate the right of treatment of a disabled person, as an ordinary Russian citizen, to the European Court of Human Rights (ECHR). The main condition is that the applicant must become a victim of a violation of the rights established by a Convention. Consequently, once the Convention on the Protection of the Rights of Persons with Disabilities by Russia has been ratified, it means that the fact of violation of its provisions may constitute grounds for applying to the ECHR.
You can also contact other international human rights bodies. The Human Rights Committee and the UN Human Rights Council are responsible for upholding the rights of persons with disabilities in the framework of their activities.
But at the present time, the practice is such that the only truly working mechanism for upholding the rights of persons with disabilities at the international level is only an appeal to the ECHR.