Social security for families with children. Improvement of work on social security of families with children
Introduction
The Constitution of the Russian Federation proclaims Russia a social state, the policy of which is aimed at creating conditions that ensure a dignified life and free development of the individual. The Constitution of the Russian Federation proclaims that “the fundamental rights and freedoms of man and citizen are inalienable and belong to him from birth. "In the Russian Federation, family, motherhood, fatherhood and childhood are under the protection of society and the state."
State recognition of the value of the family, its role in the social development and education of future generations is enshrined in Article 7 and Part 1 of Art. 38 of the basic law of the Russian Federation. Article 72 of the Constitution of the Russian Federation, issues of protecting families and children are referred to the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, the main obligations for material content. Social and legal protection of upbringing and education of children is borne by families and the state.
The family is a constitutional and legal category based on marriage - a legally formalized, voluntary union of a man and a woman, giving rise to mutual personal and property rights and obligations aimed at creating a family, having and raising children (Articles 7, 38 and 72 of the Constitution Russian Federation). The family is an enduring value for the life and development of every person, plays an important role in the life of society and the state, in the upbringing of new generations, in ensuring social stability and progress. The system of norms, values and family strategies has been verified for centuries. Its stability and flexibility, adaptive ability and tolerance are provided by following the experience of many generations. The stability, calmness and strength of states are based on the norms and values of the family way of life. A healthy, strong, friendly, financially and morally prosperous family is the highest value.
It gives a child and an adult a feeling of love, security, care, reliability, affection, and provides a link between generations. Each state is interested in the preservation and transmission of family values.
The state is an unconditional guarantor of ensuring the rights and interests of the child and must promptly take adequate measures to protect and provide for children in difficult life situations, families and children in a socially dangerous situation, i.e. in cases where parents, due to life circumstances and for other reasons, are unable to cope with their responsibilities in relation to children, or shy away from fulfilling their parental responsibilities.
In the Russian Federation, in recent years, rule-making work has continued to ensure and protect the rights of families and children. Legislative acts on the protection of the health of citizens, on labor protection, presidential decrees on helping families and children, a number of other normative legal acts have been adopted, which contain norms that protect the rights and interests of families and children. At the same time, norms remain that are inadequate to the difficult socio-economic conditions of the transition to market relations, and are incapable of preventing their negative impact on family relations.
An integral part of the social policy of the Russian Federation is family policy, which includes social and state legal protection of the family and childhood. Aimed at creating appropriate social, legal and economic conditions for the preservation of the family as a stable institution that provides security and care for its family members on the basis of love and respect.
In the 2006 Address of the President of the Russian Federation to the Federal Assembly of the Russian Federation, a special emphasis was placed on increasing the birth rate and strengthening state support for families with children, on developing a mechanism to reduce the number of children in residential institutions.
The solution to the demographic problem is impossible "if we do not create the proper conditions and incentives for the growth of the birth rate here, in our own country, we do not accept effective programs to support motherhood, childhood, and family support."
In his Address to the Federal Assembly of the Russian Federation on April 26, 2007, the President supported the initiative to declare 2008 the Year of the Family in Russia. "Its holding will allow uniting the efforts of the state, society, business around the most important issues of strengthening the authority and support of family institutions, basic family values."
When writing this work, the relevance of the proposed topic was taken into account. The purpose of the work was to analyze the current legal framework in the system of social support for families with children, assess its purposefulness, effectiveness, as well as develop proposals for improving the current system, determining the directions for its improvement.
In this regard, I set the following tasks:
To review and analyze the regulatory legal framework, statistical reporting data on the implementation of specific programs of social support for families with children at the federal and regional levels - using the example of the Leningrad region.
To identify further ways to improve the legal framework, the system of social services aimed at supporting families with children at the federal and regional levels - using the example of the Leningrad region.
Summarize the priority areas and prospects for improving the system of state support for families with children;
Formulate the main conclusions of the study.
Approbation of the topic. I studied the regulatory framework in the field of state, social support for families with children: federal legislation, codes, conceptual federal programs, decrees, resolutions, reviews of judicial practice, statistical data, as well as regional legislative acts and resolutions of the constituent entity of the Russian Federation - the Leningrad region ... Along with the study of the legislative framework, a number of books and magazine articles devoted to the topic under consideration were read.
I would especially like to note the book "Questions of the organization of state social support for various types of families with children" edited by the candidate of economic sciences V.V. Elizarov. This publication has been prepared as part of the implementation of the Project for Assistance to the Structural Reorganization of the Social Protection System of the Population. The collection contains materials of analytical research, an overview and assessment of federal and regional legislation, programs and individual measures of social support for various types of families, including social assistance and services, as well as proposals for improving the organization of the system of social support for families with children.
Chapter 1. State policy to support families with children
.1 Situation of families and children in the Russian Federation
In recent years, the problems of the Russian family are largely due to the impact of the socio-economic reforms of the 90s of the twentieth century. The main problem is a massive decline in the living standards of families with children. According to generally accepted socio-economic and statistical criteria, the number of poor families included not only those whose well-being in the past was below the poverty line, but also a huge mass of the working, relatively well-off until recently, the middle-income (according to Russian parameters) stratum of the population. As a result of poverty and poverty of millions of families, their educational and moral potential is weakening, the responsibility of parents for the maintenance and upbringing of children is reduced. Child neglect and homelessness is a direct consequence, first of all, of the crisis in the family and a number of educational institutions of society. This state of the family, with a high divorce rate and low birth rates, poses a threat to the social security of the Russian Federation.
Moreover, if a family has a living wage, then it practically excludes the possibility of receiving additional social benefits from the state. A reduction in the social package at enterprises also leads to an increase in the social vulnerability of the working-age population. The family at the present time, with the existing type of social protection, is constantly in a state of social risk, since it does not have the conditions for sustainable, reliable development.
It is the economic situation of families that influences the steady tendency to exacerbate all the processes of family life. Currently, there are the following trends in the family sphere:
small families, the share of single-child families reaches 31% of the total number of families, with two children - 21.4%, large families - 5.3%;
an increase in the number of single-parent families. There are 5.2 million of them in Russia, of which 98% are families consisting of a mother and one child;
an increase in the number of a socially vulnerable group of children. First of all, these are children from poor families;
decrease in the educational potential of the family.
One of the main purposes of the family is to create conditions for the normal development and proper upbringing of children. The Russian Federation is home to 29 million children.
Family dysfunction, asocial behavior of parents and lack of control over the behavior of children leads the latter to early criminalization. Statistics show a steady increase in juvenile delinquency (in 2003, 145.4 thousand crimes were committed, in 2004 - 154.4 thousand crimes, in 2005 - 154.7 thousand crimes). There is child neglect and homelessness, 50 thousand children every year run away from their families, 70% of adolescents who use drugs live in dysfunctional families. Domestic violence is spreading - physical, sexual, psychological. Families account for about 30 percent of premeditated murders. Every year, about 2 million children are severely beaten by their parents, 2,000 children commit suicide.
Criminal liability for failure to fulfill or improper fulfillment of the duties of raising a minor was first established by the Criminal Code of the Russian Federation. In accordance with Art. 156 of the Criminal Code of the Russian Federation, criminal liability arises for non-fulfillment or improper fulfillment of the duties of raising a minor by a parent or other person entrusted with these duties, as well as by a teacher or other employee of an educational, educational, medical or other institution obliged to supervise a minor, if this is an act associated with juvenile abuse.
By virtue of Part 2 of Art. 15 of the Criminal Code of the Russian Federation, this crime belongs to the category of minor severity, and for these cases jurisdiction is provided for justices of the peace. Generalization of judicial practice for a crime under Art. 156 of the Criminal Code of the Russian Federation, for the Volgograd region for 2004 testifies to the consideration of 38 criminal cases of this category by justices of the peace. The number of persons convicted by a court verdict is 29 people, of whom 28 are parents, including 24 mothers, 5 fathers.
When analyzing criminal cases for a crime under Art. 156 of the Criminal Code of the Russian Federation, examined by justices of the peace of the Volgograd region, it was established that the cruelty of the treatment of a minor was expressed:
in not providing food, for example: criminal case N 1-40-38 / 2004 (court plot N 40) against S.V. Bondareva and Yu.K. - untimely provision of the child born in 2003. food, unsanitary conditions, resulting in emaciation, acrocyanosis, severe deficiency anemia, 3rd degree malnutrition;
locked up in a room alone for a long time: criminal case No. 1-86-25 / 2004 (court plot No. 25) against O.AND. Epifanova - long-term abandonment without supervision (child born in 2003);
in the systematic humiliation of the dignity of a minor: criminal case No. 1-59-31 / 04 (court plot No. 59) against E.Yu. Kurina - the mother humiliated her daughter's dignity, born in 1991. with obscene expressions, against her will, she cut that hair, disfiguring her appearance, systematically pointed out the awkwardness in her daughter's movements, in connection with which the minor experienced an inferiority complex in relation to her appearance and physical data;
in bullying: criminal case N 1-16-17 / 2004 against M.N. Bugrova - the mother forbade her daughter to use heating devices in the cold season, tied her hands and feet with a rope, in September and November 2003 she locked her in the cellar and in the shed in light clothes.
Since the concept of child abuse in the law itself is vaguely formulated, one can agree with the remark made by A. Dyachenko and E. Tsimbal in the work "Actual problems of protecting children from abuse in modern Russia" about the need for more specificity in the definition of child abuse and development of definitions of its individual forms (physical, sexual, mental violence).
“The increase in the number of children left without parental care due to the deprivation of parental rights by their parents is due not only to the scale of family problems, but also to the increased attention of the authorities to this problem and the intensification of measures to remove children from families where it was dangerous to their life and health. the situation due to the failure of the parents to fulfill their duties. "And one can agree with a number of statements that" it is necessary to establish for the crimes under Art. 150 - 152, 156, 157 of the Criminal Code of the Russian Federation, such a type of additional punishment as deprivation of parental rights (with appropriate amendments to Articles 44 and 45 of the Criminal Code of the Russian Federation). "
Among the most vulnerable categories of children are orphans and children left without parental care (731 thousand children), disabled children (587 thousand children), children in a socially dangerous situation (676 thousand children). These groups of children need, first of all, social rehabilitation and adaptation, integration with society. According to forecast data, by 2010 the number of children will decrease by 3.73 million people compared to 2003, which determines a further trend towards a decrease in the country's population. The birth rate does not provide for simple reproduction of the population. Maternal and infant mortality rates remain high, with only 30 percent of newborns being considered healthy. Over the past 10 years, the incidence rate of children as a whole has increased by more than 1.4 times.
There remain many problems in the field of ensuring the life of children, which require solutions at the state level. Due to the low level of health of women of childbearing age, the number of pregnancies and childbirths with various complications continues to increase. More than half of the children have deviations in the state of health, requiring treatment, correction and rehabilitation measures.
At the present time, the upward trend in child disability continues. Due to the fact that the overwhelming majority of children with disabilities are brought up in a family, the work of specialized institutions for children with disabilities requires an increase in the preventive focus.
The problem of social orphanhood continues to be one of the most acute problems of childhood. However, the development of alternative family forms is slow. The active introduction of such forms of placement of children will solve the problem of socialization of orphans and children left without parental care.
Currently, urgent and decisive measures are required to fundamentally support and stabilize the situation of families with children. International and domestic experience shows that family problems are much more effectively solved with the help of state family policy.
At present, the main directions of the state family policy are: provision of conditions for overcoming the negative tendencies of stabilizing the financial situation of Russian families, reducing poverty and increasing assistance to disabled family members; providing employees with children favorable conditions for combining work with family responsibilities; cardinal improvement of family health protection; strengthening of family assistance in raising children.
The strategic, long-term goal of the welfare state and the entire social protection system is to actually reduce the percentage of poverty and improve the quality of life in those groups of the population that, due to their physical condition and other objective reasons, cannot independently solve the problems of personal or family life support.
Achievement of this goal is based on two main directions.
The first is to increase the real incomes of the population by organizing the provision of social support measures - the payment of subsidies, benefits, compensations, the provision of benefits established by law, etc.
The second is the development and improvement of the system of social services for the needy population, including families with children.
The Program of Socio-Economic Development of the Russian Federation for the Medium Term (2006-2008) identifies the following priority directions of state policy to improve the situation of children in the Russian Federation:
protection and promotion of the health of children and adolescents;
prevention of social disadvantage for families with children;
increasing the efficiency of the state system of support for children in especially difficult circumstances, including disabled children, orphans and children left without parental care;
creating conditions for the active inclusion of children in the social, economic and cultural life of society.
All constituent entities of the Russian Federation have adopted regional programs aimed at improving the situation of children.
As a result of the implementation of the federal target program "Children of Russia" for 2003-2006, a decrease in infant mortality was achieved (from 12.4 per 1000 live births in 2003 to 11 per 1000 live births in 2005), maternal mortality (from 31.9 to 100 thousand live births in 2003 to 30.5 per 100 thousand live births in 2005), reducing disability among children with chronic pathology, improving the health of children and adolescents at all stages of development. Compared to 2003, in 2005 the number of street children decreased by 3.2 thousand people (4.27 thousand against 7.5 thousand), children in difficult life situations - by 274 thousand people (676 thousand). against 950 thousand). In 2005, more than 440 thousand families with disabled children received assistance in social service institutions for families and children, which is 26 percent more than in 2003.
Within the framework of this federal target program, construction and reconstruction of 42 obstetric and childhood institutions, 77 institutions for orphans and children left without parental care, 60 orphanages for disabled children and rehabilitation centers for children with disabilities were carried out.
The implementation of the program made it possible to strengthen the material and technical base of more than 600 obstetric and childhood institutions, 1200 specialized institutions for minors in need of social rehabilitation, including centers for helping families with children and crisis centers for women, more than 500 educational institutions, 92 temporary detention centers for minors offenders of the internal affairs bodies, more than 50 educational colonies of the penal system of the Federal Penitentiary Service, more than 300 specialized institutions for disabled children, more than 400 institutions for orphans and children left without parental care (equipping with vehicles, agricultural machinery, modern medical -prophylactic, rehabilitation, household technological and equipment).
Gifted children were paid annually up to 120 one-time scholarships, support was provided for 12 all-Russian and international subject Olympiads for children in order to identify young talents.
Due to the development of new forms of placing orphans and children left without parental care in a family, the increase in the proportion of children placed in families of citizens (adoption, guardianship, foster family) amounted to 9.1 percent over the period of the program. The implementation of the program at the federal level has made it possible to annually improve the health and social status of about 4 million children, including every fourth disabled child, every tenth child in a difficult life situation, and every twelfth child from among orphans.
In recent years, there has been a trend towards a decrease in the number of street and neglected children. But it is premature to talk about the complete elimination of this negative social phenomenon, therefore the Program's activities should be aimed not only at expanding the system of institutions for the prevention of neglect and homelessness, but also at improving its activities, improving the quality and availability of social services for children in difficult life situations. priority development of prevention of family trouble.
One of the conditions for the successful functioning of a family and raising a child, reducing social tension in society is the development of the sphere of social support and social services for families and children.
The social significance of a number of problems related to the state of health of children in the Russian Federation indicates the need to solve them only by the program-targeted method. The identification and development of the natural inclinations of children should be carried out at all stages of their upbringing.
It is necessary to further ensure conditions conducive to the maximum disclosure of the potential of gifted children, including the creation of a state system for identifying giftedness from an early age, the provision of targeted support to each gifted child, the development of individual "educational routes" taking into account the specifics of the child's creative and intellectual abilities, as well as the formation of personal and professional self-determination.
The main areas of work with family and children today are:
development of the sphere of various types of social assistance and social services with an emphasis on strengthening targeting;
organization of social rehabilitation of children with disabilities;
prevention of social orphanhood and neglect of minors;
implementation of targeted programs to improve the situation of children;
carrying out activities aimed at improving the status of the family and motherhood.
Chapter 2. Regulatory legal framework in the field of supporting families with children
.1 Development of a regulatory framework to support families with children
family federal benefit program
Since the beginning of the last decade of the 20th century, Russia has entered the processes of socio-economic and political transformation, which radically changed the institutions of power and socio-economic policy, which necessitated the modernization of the system of state support for families with children.
The first normative document regulating the activities of the Russian Federation in the field of state policy in relation to families and children after the signing by the President of the Russian Federation (1992) of the UN Convention on the Rights of the Child and the Declaration of the Rights of the Child (1989) adopted by the UN, was the Decree of the President of the Russian Federation dated June 1, 1992 "On priority measures for the implementation of the World Declaration on the survival, protection and development of children in the 90s." Thanks to the Decree, ensuring the rights of children became the basis for the formation of a new social and family policy.
In accordance with this Decree, since 1993, a new system for solving the most pressing national and regional problems of childhood on a program-targeted basis has been formed and is being implemented - through the development of the federal program "Children of Russia" and the corresponding regional programs. These programs contain specific measures to improve the situation of orphans, children with disabilities, refugee children, children living in the North, children affected by the Chernobyl disaster, as well as on general problems of protecting children (providing baby food, protecting motherhood and childhood, the prevention of neglect and delinquency of minors, the development of a system of social services for families and children, the organization of summer vacations for children, etc.).
Of great importance for ensuring the health of families and children are also federal programs for vaccination (implemented since 1994), for the prevention of AIDS (since 1993), and combating the spread of drug addiction (since 1999).
By the Decree of the Council of Ministers - the Government of the Russian Federation dated August 23, 1993 "On the implementation of the UN Convention on the Rights of the Child and the World Declaration on the Survival, Protection and Development of Children", a national mechanism for monitoring the achievement of the goals of the World Plan of Action in Russia was formed: the Commission for the Coordination of Work connected with the implementation of the UN Convention on the Rights of the Child and the Universal Declaration on the Survival, Protection and Development of Children with the participation of representatives of ministries and departments of social orientation, scientists and the public, and it has also been established that a state report on the situation of children in Of the Russian Federation, which contains monitoring of the situation of children in all spheres of life and analysis of the effectiveness of state policy measures in relation to children.
Decree of the President of the Russian Federation of September 14, 1995 No. 942 approved the "Main directions of state social policy to improve the situation of children in the Russian Federation until 2000" (National Action Plan in the Interests of Children). The main goal of the National Action Plan for Children was to overcome negative trends, stabilize the situation of children and create real prerequisites for further positive dynamics.
Among the most important directions for improving the living conditions of children, the legal protection of childhood has been identified. At the same time, the following specific tasks were set:
a) bringing the legislation of the Russian Federation in line with the UN Convention on the Rights of the Child; determination of the legal status of a child, his right to life, development, upbringing in a family, health care, housing, favorable living conditions, education, recreation, sports, culture;
b) ensuring the protection of the child from all types of discrimination, respect for his interests, respect for his honor and dignity, humane treatment;
c) determination of the responsibility of parents and other persons responsible for the upbringing of children;
d) strengthening the protection of personal property rights of children and adolescents.
Some of the norms stipulated by the National Plan were not implemented, or were not fully implemented. To a decisive extent, this is due to the difficult socio-economic situation in Russia and the lack of real sources of funding, as well as inadequacy of goals and practical measures of state family policy, underestimation on the part of the state of the importance of state family policy as a social basis for reforming the country by providing support to families.
Plans for specific measures for the phased implementation of the National Action Plan were approved in 1996 and 1998 by the Government of the Russian Federation.
Recognizing the importance of the family as a social institution, the United Nations proclaimed 1994 the International Year of the Family. A special UN resolution formulated the theme of the Year of the Family: "Family: Resources and Responsibility in a Changing World", as well as formulated the basic principles, goals and concepts of national activities for the Year of the Family, outlined the main principles of family policy, as well as its main tasks.
In particular, the following principles of family policy are highlighted, which are also used in Russian legislation:
a) the family is the main unit of society and therefore deserves attention, protection and assistance to fulfill its functions;
b) it is necessary to take into account the needs of all types of families, regardless of their functions, the variety of preferences of social conditions;
c) it is necessary to promote the rights and freedoms of the individual, regardless of the status of each individual in the family, its type;
d) family policy should be aimed at promoting equality between men and women in the distribution of household responsibilities and equal opportunities in terms of employment;
e) events of the Year of the Family should take place at all levels of government;
(e) Year of the Family programs should aim to assist families in fulfilling their functions, rather than replacing those functions, to reinforce the inherent strengths of the family, including the enormous potential for self-reliance, and to stimulate self-reliance on their behalf.
The following main tasks of family policy are also formulated in UN documents:
a) protection of the family's rights to care for its elderly and sick members;
b) alleviating the situation of families of single parents who are forced to constantly combine work with parental responsibilities;
c) protecting families from poverty and deprivation, as well as from the negative impacts on it of changes in the agrarian sphere, migration, urbanization of the economy, which often lead to the impossibility of the family fulfilling its tasks;
d) increasing the ability of families to make informed decisions about birth spacing and the number of children;
e) preventing the development of drug addiction and alcoholism among family members;
f) creation of conditions for professional education of women, young mothers;
g) review and revision of family legislation;
h) identification of factors contributing to the disintegration and destruction of the family;
i) prevention of domestic violence.
These approaches generalized the modern theory and practice of family politics in democratic countries of the world.
The basic constitutional laws that secure the rights of the family in the Russian Federation include the Family Code of the Russian Federation (1995), the Federal Law "On State Benefits to Citizens with Children" (1995), the Federal Law "On Social Services for the Population in the Russian Federation" (1995) , Federal Law "On Basic Guarantees of Children's Rights in the Russian Federation" (1998), Labor Code of the Russian Federation (2002), Federal Law "On Labor Pensions in the Russian Federation" (2002), Federal Law "On State Pensions in the Russian Federation" (2002).
Prior to the adoption of the Code, the protection of children's rights as a special task did not appear in the legislation on marriage and family. Now the child has the right to express his opinion on all issues concerning his life, to independently apply for the protection of his rights and interests, including in court.
For the first time, the Code stipulates the foundations of legal protection against domestic violence. The introduction of this provision is a legislative response to the increase in violence in the family.
Also, for the first time, the institution of a foster family was legislatively enshrined, the institution of adoption was improved, the priority of family education of children was legislatively enshrined, its forms were regulated in detail: adoption, custody and guardianship, a foster family (which did not exist before). A more flexible system for determining the amount of alimony has been established. The court was given the opportunity, taking into account the circumstances worthy of attention, to reduce or increase the amount of alimony established by law. Provides for the possibility of foreclosure on the property of the payer and the conclusion of an agreement on the amount, conditions and procedure for the payment of alimony, as well as property liability for late payment. the federal law "On state benefits to citizens with children"entered into force on May 19, 1995. For the first time, he brought together and streamlined at the level of federal law all the numerous types of state benefits and compensations for children and benefits in connection with the birth and upbringing of children, previously regulated by various regulatory documents (decrees, government decrees, subordinate acts). This made it possible to significantly simplify and unify the legislation, to make it more understandable for the population and executive authorities. In the 90s, in the process of the socio-economic transformation of Russia, a new branch of social services for families with children was created for Russia. The beginning of this work is associated with the Decree of the President of the Russian Federation of June 1, 1992 No. 543 "On measures to implement the World Declaration on the Survival, Protection and Development of Children in the 90s."This Decree recommended that the executive authorities of the constituent entities of the Russian Federation promote the creation and strengthening of a territorial network of institutions of a new type of social assistance to families and children. The laws that determined the legal and organizational conditions for the provision of state social assistance to low-income families are the Federal Law "On the Fundamentals of Social Services to the Population in the Russian Federation", adopted in November 1995, and the Federal Law "On State Social Assistance" dated July 17, 1999.
The relevant articles of the Civil Code of the Russian Federation (1994), the Labor Code of the Russian Federation (2002), the Housing Code of the RSFSR with the corresponding amendments and additions, the Criminal Code of the Russian Federation (1996), Of the Criminal Execution Code (1997). The Fundamentals of the Legislation of the Russian Federation on the Protection of Citizens' Health (1993), the Fundamentals of Legislation of the Russian Federation on Labor Protection (1993), the Laws of the Russian Federation "On Refugees" (1993), "On Forced Migrants" (1993), "On State Guarantees and Compensations persons working and living in the Far North and equivalent areas "(1993)," On social protection of disabled people in the Russian Federation "(1995)," On state support for youth and children's public associations "(1995)," On the development of state systems of prevention and delinquency among minors ”(1997). There are also federal laws "On education" (1996), "On the protection of citizens' health" (1993), on social insurance, federal laws "On acts of civil status" (1997), "On freedom of conscience and religious associations", "On public associations ”(1995),“ On the living wage in the Russian Federation ”(1997) and many others. Thus, the basic rights of the family, spouses and children to life, protection of honor and dignity, personal security, housing, education, freedom of movement, normal conditions and wages, social security and social services, health care and medical care, access to cultural values. Analysis of the legislation in the field of state support for families with children allowed us to propose the following typology of support measures: 2. In-kind payments to families with children. 3. Various benefits, subsidies and compensations for families with children (labor, pension, tax, housing, transport, etc.). 4.Social services for families with children. Direct state financial assistance to families in connection with birth and upbringing
children are provided in the form of state cash benefits, scholarships, compensation payments, funds for the maintenance of children in foster families and pensions. It is paid in the form: State cash benefits to families with children; government scholarships; monthly compensation payments; funds for the maintenance of children who are in foster care (food, purchase of clothing, shoes, equipment, household items, toys, books, personal hygiene items); - state pensions for children or for dependent children. The following features of direct financial assistance to families in connection with the birth and upbringing of children can be distinguished: categorical approach(highlighting the categories of families in particular need of support). So, in order to protect the health of pregnant women, registration is encouraged by cash benefits in the antenatal clinic in the early stages of pregnancy, which allows monitoring the health of the pregnant woman and the fetus. Attention is drawn to the allocation of such privileged categories of families as families affected by radiation disasters, families of refugees and internally displaced persons, low-income families; gradual transition from the categorical principle (taking into account the type of family and the peculiarities of the life situation) to accounting for incomefamilies; continuity of forms of support- preservation of a significant part of monetary payments introduced in the Soviet period; multiple sources of funding for benefits:the federal budget, the budget of the Social Insurance Fund of the Russian Federation, the budgets of the constituent entities of the Russian Federation, municipal budgets, extra-budgetary sources; fixing payments in a fixed amount,moreover, the amount of cash assistance is actually not related to the level of the family's real needs for support (with the exception of maternity benefits, paid in the amount of average earnings as compensation for this earnings) and are paid taking into account the regional coefficient; declarative principle of appointmentcash payments and the need for personal appeal for help; appointment and payment of funds in various institutions:at the place of work, at the place of study, in the bodies and institutions of social protection of the population. Labor, pension, tax, housing, transport, health and other guarantees and benefits, compensation and subsidies to families with children
.
A feature of this form of state support to families with children is the right to benefits, compensation or subsidies for only certain categories of families with children and citizens, the priority of their provision to certain categories and their provision for free or for half the cost, which creates certain benefits and privileges for these categories of the population. ... This form of state support for families with children includes: Labor guarantees and benefits; pension benefits for women; transportation benefits for families and children; subsidies and benefits for housing and utilities; gratuitous subsidies for the construction and purchase of housing, as well as free provision of living space; benefits for the admission and maintenance of children in preschool institutions; family health rights and benefits; tax incentives (either exemption from taxation of certain types of income, or standard tax deductions). Social services for various categories of the population
established in accordance with the Federal Law of 10.12.95, No. 195-FZ "On the basics of social services for the population in the Russian Federation." In accordance with this Law, such forms of social services as material assistance to citizens in difficult life situations, counseling assistance, social services at home, social services in inpatient institutions, a temporary shelter in a specialized social service institution, organization of a day stay in social institutions are provided. services, rehabilitation services for the disabled. A feature of social services as an independent form of social assistance to the population, including families with children, is that all these types of social assistance to the population are provided by specialized social service institutions and, with the exception of material assistance, are social services. Social services include: Financial assistance to citizens in difficult life situations; Consulting assistance to clients of state institutions of social services of the population; Social services at home and in inpatient institutions; - temporary shelter in a specialized social service institution; day stay of minors in difficult life situations; rehabilitation services for people with disabilities, persons with disabilities, juvenile delinquents, other citizens who have found themselves in a difficult life situation. Social service of the population by state social service institutions is a relatively new form of social assistance to the population. The beginning of its formation as an integral system is associated with the processes of modern socio-economic transformation of Russia, although state boarding schools for children, the elderly and the disabled have existed for a long time, and the first day care centers and social shelters for children and adults appeared in the 1980s. In the 90s in the Russian Federation, the state created a new social sector for the rehabilitation of families and children in difficult life situations, which is an undoubted achievement. Many acute social problems facing families determine the range of activities of territorial centers for social assistance to families and children. The dynamics of the development of centers for social assistance to families and children in recent years testifies to the growing authority of these institutions in various regions of Russia, their importance in solving urgent, urgent problems of family and childhood. It is these social service institutions that are able to provide effective and comprehensive assistance to families and children on a wide range of issues of their life, to prevent many negative manifestations related to the family's performance of its functions. 2.2 New legislative initiatives to support motherhood and childhood
The President's Address to the 2006 Federal Assembly gave a new impetus to the development of the legislative framework in support of motherhood and childhood. Since January 1, 2007, on the territory of the Russian Federation, a number of normative legal acts have been adopted in support of motherhood and childhood, social guarantees for citizens with children have been expanded. The first of the number of legislative initiatives aimed at implementing the initiatives of the President of the Russian Federation was the Federal Law of December 5, 2006 No. 207-FZ "On amendments to certain legislative acts of the Russian Federation in terms of state support for citizens with children"
and approved from 30.12.2006 N 865 "Regulations on the appointment and payment of state benefits to citizens with children", For the first time, the law established the right to childcare allowance for all women. The specified allowance will be received by women upon reaching the age of 1.5 years, both subject to compulsory social insurance (working) and not subject (not working). Since January 1, 2007, the amount of this allowance has been increased from 700 to 1500 rubles for caring for the first child and 3000 rubles for caring for the second and subsequent children, or 40% of the average earnings at the place of work for the last 12 calendar months preceding the month of leave for child care. Payment of a monthly childcare allowance is made on the day the child turns one and a half years old. When calculating the allowance, regional coefficients must be taken into account. Mothers who are entitled to maternity leave in the period after childbirth are given the right to choose whether from the day of the birth of the child to receive a maternity allowance or a monthly childcare allowance. Foreign citizens and stateless persons temporarily residing in the territory of the Russian Federation and subject to compulsory social insurance are also now entitled to receive state benefits. In addition to the 4 types of benefits that existed earlier, a new type of benefit has been introduced - a one-time benefit when a child is placed in a family for upbringing (adoption, establishment of guardianship (guardianship), transfer of children without parental care to a foster family). Its size, as well as the size of a lump sum for the birth of a child, will be 8,000 rubles. One of the adoptive parents, guardians (trustees), or adoptive parents has the right to receive a lump-sum benefit when a child is placed in a family for upbringing. The allowance is assigned and paid at the place of residence of one of the adoptive parents, guardians (trustees), adoptive parents by the body authorized to assign and pay this allowance in accordance with the legislation of the subject of the Russian Federation. The source of funding for payments is federal budget funds provided in the form of subventions to the constituent entities of the Russian Federation from the Federal Compensation Fund. From January 1, 2007, the procedure for financing the costs associated with the payment of childcare benefits in double the amount until the child reaches the age of three was clarified to citizens exposed to radiation as a result of the Chernobyl disaster. Specified the category of citizens whose benefits are paid at the expense of the Social Insurance Fund of the Russian Federation and federal budget funds transferred to the budget of the Social Insurance Fund of the Russian Federation until the child reaches the age of one and a half years, as well as citizens whose benefits are paid at the expense of the federal budget funds transferred to the budget of the Social Insurance Fund of the Russian Federation, during the period of caring for a child aged one and a half to three years. These categories of citizens include not only citizens on parental leave, but also citizens dismissed during parental leave in connection with the liquidation of organizations, the termination of activities by individuals as individual entrepreneurs, the termination of powers by private notaries and the termination of the status of a lawyer, as well as in connection with the termination of activities by other individuals, whose professional activities are subject to state registration or licensing. A separate category includes persons who actually care for a child and are not subject to compulsory social insurance, during the period of caring for a child until he reaches the age of one and a half years and during the period of caring for a child between the ages of one and a half to three years. Financing of the costs associated with the payment of benefits to this category of citizens is carried out, respectively, at the expense of the federal budget, transferred to the budget of the Social Insurance Fund of the Russian Federation and at the expense of the federal budget (Resolution of the Government of the Russian Federation of December 30, 2006 N 871). An important piece of legislation is the Federal Law of December 29, 2006 No. 256-FZ"On additional measures of state support for families with children."
According to the Law, from January 1, 2007, the right to additional measures of state support is provided for women who have given birth (adopted) a second child, and women who have given birth (adopted) a third or subsequent children (if they have not previously used the right to additional measures of state support). Additional measures of state support are measures that ensure the possibility of improving housing conditions, obtaining education, as well as increasing the level of pension provision, taking into account the specifics established by the adopted Law. Also, the right to additional measures of state support can be used by men who are the only adoptive parents of a second, third child or subsequent children, who have not previously exercised the right to additional measures of state support, if the court decision on adoption entered into legal force starting from January 1, 2007. The right to additional measures of state support can be exercised no earlier than after three years from the date of birth (adoption) of the second, third child or subsequent children. For the implementation of additional measures of state support, funds from the federal budget are allocated, transferred to the budget of the Pension Fund of the Russian Federation, - maternity (family) capital. The size of the maternity (family) capital is 250 thousand rubles, which, in turn, will be revised annually taking into account the rate of inflation growth and established by the federal law on the federal budget for the corresponding financial year. At the same time, the Pension Fund of the Russian Federation and its territorial bodies will consider applications for the issuance of a state certificate for maternity (family) capital, as well as check the validity of issuing documents certifying the right to additional measures of state support. A person who has received a state certificate can decide on the disposal of maternity (family) capital in full or in parts in the following areas: improvement of living conditions; education by a child (children). At the same time, the funds (part of the funds) of the maternal (family) capital can be directed to education for both the native child (children) and the adopted child (adopted), including the first, second, third child and (or) subsequent children. The age of the child, for whose education the amount (part of the amount) of maternal (family) capital can be directed, at the time of the start of training in the relevant educational program must not exceed 25 years; formation of the funded part of the labor pension for women who have given birth (adopted) a second child, or women who have given birth (adopted) a third child or subsequent children, if they have not previously used the right to additional measures of state support. The right to additional measures of state support for families with children can be exercised by persons who will receive a state certificate for maternal (family) capital from 2007, no earlier than 2010, that is, after three years. In this regard, it was established that an application for the disposal of funds (part of the funds) of maternal (family) capital in the first half of 2010 must be submitted to the bodies of the Pension Fund of the Russian Federation before October 1, 2009. .3 Federal Programs to Support Families and Children
By order of the Government of the Russian Federation dated January 26, 2007 No. 279-r, the Concept of the Federal Target Program was approved "Children of Russia"
for 2007 - 2010 (hereinafter - the Program), including subprograms: "Healthy Generation", "Gifted Children" and "Children and Family".
The relevance of the federal target program "Children of Russia" for 2007 - 2010 (hereinafter referred to as the Program), its goals and objectives are determined based on the presence of childhood problems that have not been resolved within the framework of previous federal target programs, the need to ensure the implementation of the UN Convention on the Rights of the Child, and other international legal acts, the Concept of demographic development of the Russian Federation for the period up to 2015. The program is designed to provide an integrated approach to creating favorable conditions for improving the life and health of children, to solving the problems of disadvantaged families with children. The difference between the Program and the previously existing federal target programs will be as follows: focus both on the support and development of children, and on the prevention of family dysfunction and support for families in difficult life situations, primarily families with disabled children; application of modern technologies and innovations in solving problems of families with children in general and children in particular; orientation of the goals and objectives, as well as the activities of the Program to achieve results, assessed by the main target indicators and indicators of the Program. The previously operating federal target programs aimed at improving the situation of children in the Russian Federation provided for the coordination of efforts of all interested structures and the pooling of various resources to solve the problems of children arising in the new socio-economic conditions. The program-targeted method in the implementation of measures to improve the situation of children has proven to be effective both at the federal and regional levels. When implementing the Program, the implementation by the constituent entities of the Russian Federation of measures of regional programs aimed at improving the situation of children is taken into account. Programs at the federal and regional levels complement each other. During their implementation, joint financing and coordination of measures taken are carried out, which increases the efficiency of work with children living in a specific territory, which has its own capabilities and resources. The objectives of the Program are to create favorable conditions for the comprehensive development and life of children, state support for children in difficult life situations. The objectives of the Program are: ensuring safe motherhood and the birth of healthy children, protecting the health of children and adolescents, including reproductive health; prevention and reduction of child and adolescent morbidity, disability and mortality; creation of a state system for the identification, development and targeted support of gifted children, preservation of the country's national gene pool, development of the intellectual and creative potential of Russia; prevention of social disadvantage of families with children, protection of the rights and interests of children; improvement of the system for the prevention of neglect and juvenile delinquency; effective rehabilitation and adaptation of children in difficult life situations; ensuring the full life of disabled children and their integration with society; prevention of social orphanhood, a gradual transition from raising children in residential institutions to family forms of placing orphans and children left without parental care; provision of professional training and social protection of graduates of boarding schools, development of a system of socialization of orphans and children left without parental care. The achievement of these goals and objectives will be carried out within the framework of the implementation of the subprograms " Healthy Generation "," Gifted Children "," Children and Family ",
included in the Program. The purpose of the subroutine " Healthy generation "is the preservation, restoration and strengthening of the health of children and adolescents, instilling in them the skills of a healthy lifestyle. The tasks of the specified subroutine are: ensuring safe motherhood, creating conditions for the birth of healthy children; introduction of high-tech methods for the diagnosis and prevention of hereditary diseases and congenital malformations in children; protection of the health of children and adolescents, including reproductive health; promotion of healthy lifestyles; prevention of morbidity, disability and mortality in childhood and adolescence; improving the health of children and adolescents living in the Far North and equivalent areas, providing children living in remote settlements with qualified diagnostic and medical care. The purpose of the subroutine "Gifted Children"is to ensure favorable conditions for the creation of a unified state system for the identification, development and targeted support of gifted children in various fields of intellectual and creative activity. The tasks of the subroutine are: creation of a state system for the identification, development and targeted support of gifted children, including on the basis of innovative technologies for the identification and support of gifted children living in rural areas, settlements remote from large centers of culture, education, science; coordination of the activities of basic centers for working with gifted children and their support; providing advice to parents and teachers working with gifted children; formation of an information database on the existing creative, intellectual resources of the future Russian society. The objectives of the subprogram "Children and family"are the protection and improvement of the situation of children in difficult life situations, the prevention of social orphanhood and family trouble, a comprehensive solution to the problems of families with disabled children, ensuring their full life and integration with society, the development of family forms of placement of orphans. Subroutine "Children and family"will provide a comprehensive solution to the problems of socialization of children in difficult life situations. In connection with the specifics of the problems of various categories of children, within the framework of this subprogram, such directions are provided as "Prevention of neglect and delinquency of minors", "Family with disabled children", "Orphans". Within the direction "Prevention of neglect and juvenile delinquency" development of forms of prevention of social disadvantage for families with children; protection of the rights and interests of children; strengthening the system for the prevention of child neglect and delinquency; development of innovative technologies and forms of prevention of neglect and juvenile delinquency, including in rural areas; ensuring the availability of social rehabilitation and adaptation of children in difficult life situations; creating conditions for the creative development, health improvement and temporary employment of children in difficult life situations, as well as children living in the Far North and equivalent areas. Within the direction "Family with disabled children"the solution of the following tasks is envisaged: the introduction of modern technologies in complex rehabilitation in order to maximize the development of the mental and physical capabilities of disabled children; assistance in the provision of resources to specialized institutions for children with disabilities in order to carry out comprehensive rehabilitation of children with disabilities; ensuring the territorial availability of comprehensive rehabilitation of children with disabilities; introduction of methods of social adaptation of disabled children in family conditions. Within the direction "Orphans"the solution of the following tasks is envisaged: implementation at the federal level of a system of measures to promote and develop various forms of family placement of children left without parental care, to provide assistance to citizens of the Russian Federation permanently residing in the territory of the Russian Federation who wish to take a child into a family; development, testing and implementation of innovative technologies for the protection of the rights of children left without parental care; creation of a system of psychological, pedagogical, medical and social support for orphans and children left without parental care, who are in inpatient institutions during the post-boarding period, as well as in foster families; providing vocational training, personal and professional self-determination of graduates of residential institutions, children from foster families through training in competitive professions. Financing of the Program activities is envisaged at the expense of the federal budget, as well as funds from the budgets of the constituent entities of the Russian Federation in the manner of co-financing and subject to the development by the constituent entities of the Russian Federation of their own regional programs, financed from their own budgets. The costs of implementing the Program (in prices of the respective years) from all sources of financing amount to 47845.9 million rubles, of which from the federal budget - 10101.7 million rubles, funds from the budgets of the constituent entities of the Russian Federation - 36315.1 million rubles , extra-budgetary funds - 1429.1 million rubles. Funding of the Program from the federal budget in the amount of 10,101.7 million rubles is planned to be carried out in the following areas: capital investments - 6917 million rubles; research and development work - 37.7 million rubles; other needs - 3147 million rubles. The volumes of annual financing of the Program activities at the expense of the budgets of the constituent entities of the Russian Federation are coordinated by the state customers of the subprograms with the executive authorities of the respective constituent entities of the Russian Federation when concluding agreements (contracts) of intent. The transfer to the constituent entities of the Russian Federation of material and technical means acquired at the expense of the federal budget is carried out by state customers of the Program in the manner established by the Government of the Russian Federation. Extra-budgetary funds will be attracted at the expense of public organizations and sponsorship funds. The maximum (forecasted) volumes of financing of the federal target program "Children of Russia" for 2007 - 2010 at the expense of the federal budget for the main directions and state customers are indicated in the table (see appendix). According to a preliminary assessment of the effectiveness of the proposed measures, the implementation of the activities of the Program as a whole will allow: Improve the quality of life and health of children; To improve the quality and availability of social services for families with children, primarily for families with disabled children; To improve the state system of social protection and support for minors in order to ensure the provision of emergency and prompt assistance to children in difficult life situations, as well as to carry out long-term consistent work to support children in need of special state care. Implementation of the activities of the subprogram " Healthy generation "will allow to continue to improve state support for maternity and childhood services, to increase the availability and quality of medical care for women and children, to achieve by 2011: to reduce the infant and maternal mortality rate; mortality among children aged 0 to 4 years (inclusive), to reduce the rates of primary disability for children aged 0 to 17 years (inclusive). During the implementation of the subprogram " Gifted Children "a state system for the identification, development and targeted support of gifted children will be created, covering up to 40 percent of the school-age child population, aimed at preserving the country's national gene pool, forming the future highly professional elite in various fields of intellectual and creative activity. An informational database on talented and gifted children of school age will be formed in order to track their further personal and professional self-determination. The system of all-Russian competitive events to identify gifted children will be further developed. Innovative technologies will be developed and introduced to identify, develop and provide targeted support for gifted children, including those living in rural areas, in the Far North and equivalent areas. Implementation of the activities of the subprogram "Children and family"will allow organizing an effective system of work to prevent family trouble and prevent social orphanhood, aimed at helping a family in difficult life situations. The effectiveness of the prevention of child neglect and delinquency is directly dependent on the development of the system of institutions for the provision of social services, on the development and implementation of new technologies for working with families and children. As a result of the implementation of the activities of this subprogram, it is planned to increase the number of minors who have undergone social rehabilitation and find themselves in a difficult life situation, which will create conditions that ensure a decrease in child homelessness, a significant decrease in the number of neglected children. The development and implementation of a set of activities of the Program will contribute to improving the quality of life and health of children, solving problems of disadvantaged children, and providing state support for children in difficult life situations. Chapter 3. Federal guarantees for families with children
3.1 State benefits for citizens with children
Federal Law "On State Benefits to Citizens with Children" of May 19, 1995 N 81-FZ(with subsequent amendments and additions) establishes a unified system of state benefits to citizens with children in connection with their birth and upbringing, which provides state-guaranteed material support for motherhood, fatherhood and childhood. This Federal Law applies to: citizens of the Russian Federation living on the territory of the Russian Federation; citizens of the Russian Federation doing military service under contract, service as privates and commanding officers in the internal affairs bodies, in the State Fire Service, in institutions and bodies of the penal system, bodies for control over the circulation of narcotic drugs and psychotropic substances, customs authorities , and civilian personnel of military formations of the Russian Federation located on the territories of foreign states in cases stipulated by international treaties of the Russian Federation; foreign citizens and stateless persons permanently residing in the territory of the Russian Federation, as well as refugees (the paragraph does not apply to foreign citizens and stateless persons legally residing in the territory of the Russian Federation as of December 31, 2006; foreign citizens and stateless persons temporarily residing in the territory of the Russian Federation and subject to compulsory social insurance. Federal law establishes the following types of state benefits: - benefits for pregnancy and childbirth; a one-time allowance for women registered with medical institutions in the early stages of pregnancy; a lump sum for the birth of a child; monthly childcare allowance; monthly child benefit; lump-sum allowance when transferring a child to a family for upbringing. Payment of state benefits to citizens with children is made at the expense of: funds of the Social Insurance Fund of the Russian Federation; federal budget funds allocated in accordance with the established procedure to federal executive bodies; funds from the federal budget, budgets of the constituent entities of the Russian Federation allocated to educational institutions of primary vocational, secondary vocational and higher vocational education for the payment of scholarships in the form of maternity benefits, lump-sum benefits to women registered with medical institutions in the early stages of pregnancy; funds from the budgets of the constituent entities of the Russian Federation in the form of a monthly child benefit; federal budget funds allocated in accordance with the established procedure to the Social Insurance Fund of the Russian Federation; subventions provided to the budgets of the constituent entities of the Russian Federation from the Federal Compensation Fund, formed as part of the federal budget, through the federal executive body that carries out the functions of managing state property, providing state services in the field of education, for the payment of a lump sum when a child is placed in a family for foster care. The size of state benefits to citizens with children in areas and localities where regional coefficients to wages are established are determined using these coefficients, which are taken into account when calculating these benefits if they are not taken into account in the composition of wages. Maternity allowance
The following persons are entitled to maternity benefits: women subject to compulsory social insurance, as well as women dismissed in connection with the liquidation of organizations, the termination of activities by individuals as individual entrepreneurs, the termination of the powers of private notaries and the termination of the status of a lawyer, as well as in connection with the termination of activities by other individuals whose professional activities in accordance with federal laws, is subject to state registration and (or) licensing, within twelve months preceding the day they were recognized as unemployed in the prescribed manner; women studying full-time in educational institutions of primary vocational, secondary vocational and higher vocational education and institutions of postgraduate vocational education; women doing military service under contract, serving as privates and commanding officers in the internal affairs bodies, in the State Fire Service, in institutions and bodies of the penal system, in the bodies for control over the circulation of narcotic drugs and psychotropic substances, in customs authorities ; women from among the civilian personnel of military formations of the Russian Federation located in the territories of foreign states in cases stipulated by international treaties of the Russian Federation; The maternity allowance is paid for the period of maternity leave lasting seventy (in the case of multiple pregnancies - eighty four) calendar days before childbirth and seventy (in the case of complicated childbirth - eighty six, at the birth of two or more children - one hundred and ten) calendar days days after delivery. Maternity leave is calculated in total and is granted to a woman in full, regardless of the number of days actually used before childbirth. When a child (children) is adopted under the age of three months, the maternity allowance is paid for the period from the date of his adoption until the expiration of seventy calendar days (in the case of simultaneous adoption of two or more children - one hundred and ten calendar days) from the date of birth of the child (children ). The amount of the allowance is determined based on: average earnings (income) at the place of work for the last 12 calendar months preceding the month of the onset of maternity leave, taking into account the conditions established by federal laws and other regulatory legal acts of the Russian Federation on compulsory social insurance - for women subject to compulsory social insurance, as well as women from among the civilian personnel of military formations of the Russian Federation located in the territories of foreign states in cases stipulated by international treaties of the Russian Federation. The maximum amount of maternity allowance for a full calendar month in 2007 is 16,125 rubles. The size is established by the Federal Law of December 29, 2006 No. 255-FZ; RUB 300 - for women dismissed in connection with the liquidation of organizations, the termination of activities by individuals as individual entrepreneurs, the termination of powers by private notaries and the termination of the status of a lawyer, as well as in connection with the termination of activities by other individuals whose professional activities in accordance with federal laws are subject to state registration and (or) licensing, within twelve months preceding the day they were recognized as unemployed in the prescribed manner; scholarships - for women studying full-time in educational institutions of primary vocational, secondary vocational and higher vocational education and institutions of postgraduate vocational education; monetary allowance - to women doing military service under contract, service as privates and commanding officers in the internal affairs bodies, in the State Fire Service, in institutions and bodies of the penal system, in the bodies for control over the circulation of narcotic drugs and psychotropic substances, in the customs authorities. One-time allowance for women registered with medical institutions in the early stages of pregnancy
The right to a one-time benefit in addition to the maternity benefit is granted to women registered with medical institutions in the early stages of pregnancy (up to twelve weeks). A one-time allowance for women registered with medical institutions in the early stages of pregnancy (up to twelve weeks) is paid in the amount of 300 rubles. Lump sum at the birth of a child
One of the parents or a person replacing him has the right to a lump sum at the birth of a child. If two or more children are born, this allowance is paid for each child. A one-off childbirth benefit is paid in the amount of 8,000 rubles. Lump-sum allowance when transferring a child to a family for upbringing
The right to a one-time allowance when transferring a child to a family for upbringing (adoption, establishment of guardianship (guardianship), transfer to a foster family of children left without parental care) if the parents are unknown, died, declared dead, deprived of parental rights, limited in parental rights, recognized as missing, incapacitated (partially incapacitated), for health reasons cannot personally raise and support a child, serve a sentence in institutions executing a sentence of imprisonment, are in custody of suspects and accused of committing crimes, shy away from raising children or protecting their rights and interests, or have refused to take their child from educational, medical institutions, social welfare institutions and other similar institutions, has one of the adoptive parents, guardians (trustees), adoptive parents. If two or more children are placed in foster care, the allowance is paid for each child. A one-time allowance for transferring a child to a family for upbringing is paid in the amount of 8,000 rubles. Monthly childcare allowance
The following persons are entitled to monthly childcare allowance: mothers or fathers, other relatives, guardians who actually take care of the child, who are subject to compulsory social insurance and are on parental leave; mothers doing military service under contract, mothers or fathers serving as privates and commanding officers of internal affairs bodies, the State Fire Service, employees of institutions and bodies of the penal system, bodies for control over the circulation of narcotic drugs and psychotropic substances, customs organs and those on parental leave; mothers or fathers, other relatives, guardians who actually take care of the child, from among the civilian personnel of military formations of the Russian Federation located in the territories of foreign states in cases stipulated by international treaties of the Russian Federation, who are on parental leave; mothers or fathers, other relatives, guardians actually caring for the child who were dismissed during parental leave in connection with the liquidation of organizations, the termination of activities by individuals as individual entrepreneurs, the termination of powers by private notaries and the termination of the status of a lawyer, as well as in connection with the termination of activities by other individuals, whose professional activities in accordance with federal laws are subject to state registration and (or) licensing, including those dismissed from organizations or military units located outside the Russian Federation, dismissed due to the expiration of their employment contract in military units located outside the Russian Federation, as well as mothers dismissed during parental leave in connection with the transfer of the husband from such units to the Russian Federation; mothers dismissed during pregnancy, maternity leave in connection with the liquidation of organizations, the termination of activities by individuals as individual entrepreneurs, the termination of powers by private notaries and the termination of the status of a lawyer, as well as in connection with the termination of activities by other individuals whose professional activities in accordance with federal laws, subject to state registration and (or) licensing, including those dismissed from organizations or military units located outside the Russian Federation, dismissed due to the expiration of their employment contract in military units located outside the Russian Federation, or in connection with the transfer of the husband from such units to the Russian Federation; mothers or fathers, guardians who actually care for the child and are not subject to compulsory social insurance (including full-time students in educational institutions of primary vocational, secondary vocational and higher vocational education and institutions of postgraduate vocational education and are on parental leave child); other relatives who are actually caring for the child and are not subject to compulsory social insurance, if the mother and (or) the father are dead, declared dead, deprived of parental rights, limited in parental rights, recognized as missing, incapacitated (partially capable), state of health cannot personally raise and support a child, serve a sentence in institutions executing a sentence of imprisonment, are in custody of suspects and accused of committing crimes, evade raising children or protecting their rights and interests, or have refused to take their a child from educational, medical institutions, institutions of social protection of the population and other similar institutions. The right to monthly parental allowance is retained if the person on parental leave works part-time or at home, or if they continue their studies. Mothers who are eligible for a pregnancy and childbirth allowance in the period after childbirth have the right from the date of birth of a child to receive either a pregnancy and childbirth allowance, or a monthly childcare allowance, offsetting the previously paid maternity allowance, if the amount of the allowance childcare is higher than the maternity benefit. Individuals who are eligible to receive monthly childcare benefits for several reasons are given the right to choose to receive benefits for one of the reasons. If several persons are caring for a child at the same time, the right to receive a monthly childcare allowance is granted to one of these persons. The monthly childcare allowance is paid in the following amounts: 1,500 rubles for the care of the first child and 3,000 rubles for the care of the second child and subsequent children - to persons specified in paragraphs six to eight of part one of Article 13 of Federal Law No. 81-FZ; 40 percent of the average earnings (income, pay) at the place of work (service) for the last 12 calendar months preceding the month of the onset of parental leave - to the persons specified in paragraphs two to five of part one of Article 13 of this Federal Law. At the same time, the minimum allowance is 1,500 rubles for the care of the first child and 3,000 rubles for the care of the second child and subsequent children. The maximum allowance cannot exceed RUB 6,000 for a full calendar month. In regions and localities in which regional coefficients to wages are applied in accordance with the established procedure, the minimum and maximum amounts of the indicated allowance are determined taking into account these coefficients. In the case of caring for two or more children until they reach the age of one and a half years, the amount of the benefit calculated in accordance with parts one and two of this article is summed up. In this case, the summed up amount of the benefit calculated on the basis of the average earnings (income, monetary allowance) cannot exceed 100 percent of the amount of the specified earnings (income, pay), but it cannot be less than the summed up minimum amount of the benefit. When determining the amount of the monthly allowance for the care of the second child and subsequent children, the previous children born (adopted) by the mother of this child are taken into account. In the case of caring for a child (children) born (born) by a mother who has been deprived of parental rights in relation to previous children, the monthly childcare allowance is paid in the amounts established by this article, excluding children in respect of whom she has been deprived of parental rights. Monthly child allowance
The amount, procedure for the appointment and payment of monthly child benefits are established by laws and other regulatory legal acts of the constituent entity of the Russian Federation. (as amended by Federal Law of August 22, 2004 N 122-FZ) .2 Labor guarantees for employees with children
The Labor Code of the Russian Federation provides for a number of guarantees for women who combine work and motherhood, as well as for persons with family responsibilities. Chapter 41 of the Labor Code of the Russian Federation is devoted to the peculiarities of the regulation of the labor of women, persons with family responsibilities. Articles 253-264 of the Labor Code of the Russian Federation consolidate guarantees related to motherhood provided to women, as well as to persons with family responsibilities. In accordance with article 254 of the Labor Code of the Russian Federation, pregnant women, in accordance with the medical report and upon their application, are reduced in production rates, service standards, or these women are transferred to another job that excludes the impact of unfavorable production factors, while maintaining their previous earnings from their previous job. When passing the obligatory dispensary examination in medical institutions, pregnant women retain their average earnings at the place of work. Women with children under the age of 1.5 years, in case of impossibility of performing the previous work, are transferred to another job with payment for the work performed, but not lower than the average earnings from the previous job until the child reaches the age of one and a half years. Article 255 of the Labor Code of the Russian Federation regulates maternity leave. According to the norms of this article, women, upon their application and on the basis of a certificate of incapacity for work issued in the prescribed manner, are granted maternity leave with a duration of 70 (in case of multiple pregnancy - 84) calendar days before childbirth and 70 (in case of complicated childbirth - 86, at birth two or more children - 110) calendar days after childbirth with payment of benefits for compulsory social insurance in the amount established by federal laws. At the request of the woman, she is granted parental leave until the age of three years. Parental leave may be used in whole or in part by the child's father, other relative or guardian actually caring for the child. While on parental leave, a woman or caregiver can work part-time or at home while still eligible for compulsory social security benefits. For the period of parental leave, the employee retains his place of work (position). The norms of article 257 of the Labor Code of the Russian Federation regulate the granting of leave to employees who have adopted a child. Working women with children under the age of one and a half years are provided, in addition to breaks for rest and meals, additional breaks for feeding the child (children). Breaks for feeding children are included in working hours and are payable in the amount of average earnings (Article 258 of the Labor Code of the Russian Federation). Guarantees for pregnant women and persons with family responsibilities when sent on business trips, engaging in overtime work, working at night, weekends and holidays are enshrined in Article 259 of the Labor Code of the Russian Federation, Articles 260-261 of the Labor Code of the Russian Federation enshrine guarantees for women in connection with pregnancy and childbirth to provide leave, as well as for women with children and persons raising a child without a mother upon termination of an employment contract. Article 262 of the Labor Code of the Russian Federation provides for additional days off for persons caring for disabled children and women working in rural areas. Guarantees and benefits for persons raising children without a mother are enshrined in Article 264 of the TKRF. 3.3 Payment of pensions and benefits in case of loss of breadwinner
In accordance with Article 9 of the Federal Law of December 17, 2001, No. 173-FZ " On labor pensions in the Russian Federation "the children of the deceased breadwinner and the spouse himself, who takes care of the children of the deceased breadwinner under the age of 14, are entitled to a survivor's pension. Children enrolled in full-time education in educational institutions of all types and types are entitled to a pension up to 23 years of age. In accordance with part 1 of article 137 Family Code of the Russian Federation,adopted children enjoy the right to a survivor's pension on an equal basis with their own children, since they themselves and their offspring in relation to adoptive parents and their relatives, as well as the adoptive parents themselves and their relatives in relation to adopted children and their offspring are equated in personal property and moral rights and obligations to relatives by descent. In accordance with Article 71 of the Family Code of the Russian Federation, deprivation of parental rights does not exempt from the obligation to support a child, and thus, children whose parents have been deprived of parental rights are entitled to a pension in the event of the loss of a breadwinner. A stepson and (or) stepdaughter have the right to a survivor's pension on an equal basis with their own children, if they were raised and supported by their stepfathers and stepmothers. In addition to receiving a survivor's pension, the children of servicemen who died in the performance of military service on conscripts are guaranteed a monthly allowance. The rules for the payment of a monthly allowance to those killed in the performance of military service conscription duties were approved by Decree of the Government of the Russian Federation of October 2, 2006 N 591. These Rules determine the procedure for the payment of a monthly allowance to children of military personnel who died in the performance of military service duties by conscription, including those recognized as missing in the prescribed manner or declared dead in accordance with: paragraph four of clause 1 of the Decree of the Government of the Russian Federation of August 25, 1999 N 936 "On additional measures for the social protection of family members of military personnel and employees of the internal affairs bodies, the State Fire Service, who were directly involved in the fight against terrorism on the territory of the Republic of Dagestan and those killed (missing) while performing their official duties"; subparagraph 4 of paragraph 1 of the Decree of the Government of the Russian Federation of September 1, 2000 N 650 "On measures for the social protection of family members of servicemen who died in the performance of military service duties on the nuclear submarine" Kursk "; clause 12 of the Decree of the Government of the Russian Federation of February 9, 2004 N 65 "On Additional Guarantees and Compensations to Servicemen and Employees of Federal Executive Bodies Participating in Counter-Terrorist Operations and Ensuring Law and Order and Public Safety in the Territory of the North Caucasian Region of the Russian Federation." Children of the dead (missing) military personnel and employees of the internal affairs bodies, the State Fire Service, the penal system until they reach the age of 18 (if they become disabled before the age of 18 - regardless of age), and children studying in educational full-time institutions - until graduation, but no more than until they reach the age of 23 years, a monthly payment of an allowance in the amount of 650 rubles is guaranteed. The amount of the allowance is subject to revision (increase, indexation) simultaneously with a centralized increase (indexation) of the salaries for military positions of military personnel doing military service under a contract, taken into account in the composition of monetary allowances when assigning a survivor pension, by multiplying the amount of the allowance by the growth index of these salaries. Chapter 4. The system of social support measures provided for families with children in the Leningrad Region
.1 Provision of benefits, compensation and social benefits
Federal Law No. 95-FZ of 04.07.2003 "On Amendments and Additions to the Federal Law" On General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Constituent Entities of the Russian Federation "issues of social services and social support for minors and families with children are attributed to state powers exercised by the state authorities of the constituent entities of the Russian Federation at the expense of the regions. Federal Law of August 22, 2004 No. 122-FZ "On amendments to legislative acts of the Russian Federation and invalidation of some legislative acts of the Russian Federation in connection with the adoption of Federal laws" On amendments and additions to the Federal Law "On general principles of organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation "And" On the general principles of organizing local self-government in the Russian Federation "significantly changed the legal framework, transforming benefits in kind into cash payments. In this regard, the Committee for Labor and Social Protection of the Population during 2004-2006. a certain amount of work has been carried out to develop a legal and regulatory framework for organizing social services for families and children. On the territory of the Leningrad Region, regional laws and regulations are in force, providing for the provision of various types of benefits and compensation payments to families with children. In accordance with the regional law "On social support for families with children in the Leningrad region"dated 01.12.2004 No. 103-oz social support for families with children from the regional budget is provided in the form of: -lump-sum allowance to families upon the birth of a child; -monthly benefits. The law establishes the right to a monthly child allowance for one of the parents (adoptive parents, guardians, trustees) for each child born, adopted, taken into custody (guardianship), living with him / her child until he reaches the age of sixteen (for a student of an educational institution - up to completion of his studies, but no more than until he reaches the age of eighteen) in families with an average per capita income, the size of which does not exceed the subsistence minimum per capita established in the Leningrad Region. To determine the size of the monthly child benefit, the amount of the subsistence minimum for children established in the Leningrad Region (subsistence minimum) for the second quarter of the year preceding the paid year is used. The amount of the monthly child benefit is: for a child aged three to seven years - five percent of the living wage; for a child aged seven to sixteen years (eighteen years old) - four percent of the minimum subsistence level. The amount of the monthly child benefit increases: 100 percent for children of single mothers; by 50 percent - for children whose parents avoid paying alimony, or in other cases stipulated by the legislation of the Russian Federation, when the collection of alimony is impossible, as well as for children of military personnel serving on conscription. The amount of the monthly allowance for the third and subsequent children from a large family increases by three percent of the subsistence minimum, but cannot be less than 500 rubles for each age group. A lump-sum benefit upon the birth of a child (adoption or adoption of a child under the age of three months) is assigned and paid to one of the parents or to a person replacing him by the social protection authority at the place of residence of the family with the child. In order to stimulate the birth rate in the Leningrad Region, the size of the one-time childbirth benefit has been increased from 6,000 rubles in 2006 to 10,000 rubles in 2007. Families living in the Leningrad Region have the right to it, regardless of the family's income. In order to improve the social situation and provide conditions for the full-fledged upbringing, development and education of children from large families from 01.01.2007. on the territory of the Leningrad region there is a regional law "On social support for large families in the Leningrad region"of 11/17/2006 No. 134-oz, which provides for the provision of social support measures to large families permanently residing in the Leningrad Region. Families with many children are guaranteed: monthly monetary compensation in the amount of thirty percent of the cost of payment for housing and utilities (water supply, sewerage, removal of household and other waste, gas, electricity and heat), calculated on the basis of the size of the regional standard of the normative area of the residential premises and the size of the regional cost standard housing and communal services; annual monetary compensation in the amount of thirty percent of the cost of fuel purchased within the limits established for sale to the population, and transport services for the delivery of this fuel to families living in houses without central heating, in the manner established by the Government of the Leningrad Region; annual monetary compensation in the amount of 1,500 rubles for each of the children enrolled in educational institutions (but not older than 18 years), for the purchase of a set of children's (teenage) clothes for attending school and school writing utensils; Free provision of prescription drugs for children under the age of six; preferential meals for children studying in educational institutions and institutions of primary vocational education; free travel on intracity transport (except for taxis), as well as in buses of suburban and intradistrict lines for students of educational institutions; admission, as a matter of priority, of children to preschool educational institutions; in the presence of medical indications, providing children with places in children's institutions of a sanatorium type as a matter of priority; priority provision of services to children and parents in social service institutions; According to the estimated data, about 4455 families with children will apply for these measures of social support. For 2007, the regional budget for these purposes provides for financing in the amount of 97.9 million rubles. Since January 1, 2005, the region has been implementing the regional law of December 1, 2004 No. 105-oz "On state social assistance to low-income families and low-income citizens living alone in the Leningrad Region."Depending on the difficult life situation, the size of state social assistance in the form of a lump sum in 2005-2006 ranged from 300 rubles. up to RUB 3000 For 2007, the amount of state social assistance has been increased and, depending on the difficult life situation, ranges from 500 to 4000 rubles. Expanded recipient categories. State social assistance in the amount of 2,000 rubles is provided for children from low-income families who have lost their breadwinner, for large families, for families with disabled children. 4.2 Social services for families and children
The development of the system of social services for families and children in the Leningrad Region is carried out in accordance with the main provisions of the state policy in relation to families and children, the federal target program "Children of Russia for 2004-2006", regional target programs: "Family" and "Disabled children of the Leningrad oblast ”, implemented from 2001 to 2006. Regional laws were adopted on the territory of the region: "On social services for the population in the Leningrad region"No. 97-oz dated November 29, 2004; "On State Standards of Social Services for the Population in the Leningrad Region" No. 44-oz dated June 30, 2006; Resolutions of the Government of the Leningrad Region "On approval of the list of guaranteed social services provided by state and municipal institutions of social services to the population of the Leningrad region"No. 108 dated April 19, 2005; "On approval of the Regulations on the procedure and conditions for the provision of social services to minors and families with children in difficult life situations by social service institutions of the Leningrad Region"No. 159 dated June 10, 2005; "On the organization and financing of activities related to the transportation of minors who have left their families, orphanages, boarding schools, special educational and other children's institutions within the territory of the Leningrad Region"No. 273 dated 01.11.2005; Decree of the Government of the Leningrad Region dated 13.02.2006 No. 41 approved the cost and tariffs for social services provided to minor children and families with children in difficult life situations. In accordance with the regional law "On vesting local self-government bodies of municipal formations of the region with certain state powers of the Leningrad region in the field of social protection of the population" No. 130-oz of 30.12.2005, the powers to provide social services to minors and families with children were transferred to the administrations of municipal formations ... In the Leningrad Region, a set of measures is being taken to ensure qualitative changes in the activities of services and institutions that provide social support to families and children. The process of optimization of social service institutions for families and children, which began in 2004, made it possible to more efficiently use the property complex, material and technical and personnel base of social service establishments for families and children. During 2005-2006, the work on the provision of social services in institutions was streamlined: a list of guaranteed social services was established, provided free of charge to minors and families with children in difficult life situations (social, social, legal, social, psychological and pedagogical, socio-economic, socio-medical); the procedure for enrolling and providing social services to minors and families with children in social protection institutions has been determined. The region has developed and implemented a technology for early detection and prevention of family problems. In accordance with the order of the Governor of the Leningrad Region dated 28.08.2001, No. 396 - RG, the social protection bodies annually hold the month "Family" of the complex operation "Teenager". During the month, families are surveyed everywhere, the family data bank is adjusted, and social passports of families by neighborhoods are drawn up. All dysfunctional families are registered with the social welfare authorities, and they are provided with the necessary support. An automated information system for keeping track of families and minors in difficult life situations has been created in the region, which makes it possible to receive quarterly information about families and children in a socially dangerous situation. As of 01.01.2007, there are 107.5 thousand families registered with the social protection authorities (they include 152.2 thousand minor children) in difficult life situations, 4.6 thousand families (they include 7560 children), recognized in a socially dangerous situation. This social base serves as the basis for the activities of bodies of social protection of the population with families and children in preventive preventive work, in the planning of health improvement and employment of minors, in the provision of targeted social assistance. Social support for minors and families with children is provided by the bodies of social protection of the population of municipalities of the region and municipal institutions (departments) of social services for the population. As of January 1, 2007, the network of social service establishments for families and children in the Leningrad Region is represented by 24 establishments (departments) of social service for families and children for 1309 places for day and round-the-clock stay of children. As a result of the implementation of measures of federal and regional target programs, institutions are equipped with all the necessary household, technological rehabilitation equipment, which allows them to provide social services to families with children and minors at a high-quality level and increase their volume. Currently, institutions provide a full range of socio - pedagogical, socio - psychological, socio - legal, social services in the departments of social rehabilitation, prevention of neglect. At the institutions of social services for the population are open helpline services, social services are rendered to families with children, including: advisory services. During 2006, social institutions served 70280 people, including: 37849 minors, of which 1898 are disabled children and children with disabilities. In total, in 2006, 243.1 thousand social services were provided to minors and families with children in difficult life situations, which is 14% more than in 2005. A developing form of providing long-term assistance to families in difficult life situations is the social patronage of families as an institution-initiated system of relationships with the family based on its long-term service and the provision of a range of social services. In 2006, 8144 families with children (including 10,527 children) were under the patronage of social workers, which is 23% more than in 2005. The Committee for Labor and Social Protection of the Population of the Leningrad Region attaches great importance to the development of the system of family educational groups. During 2005, 235 adolescents were placed in permanent and temporary family educational groups, which is 14% more than in 2004 and 11% more than in 2003. Of the total, 98 family educational groups were opened for the summer period. During 2006, specialized institutions for minors carried out preventive work with adolescents with a suspended sentence, serving a sentence in the Kolpino educational colony. 2244 neglected minors, 4.6 thousand families in a socially dangerous situation, more than 300 minors with a suspended sentence are registered with the social protection authorities of the region. In the Kolpino educational colony, out of a total of 223 people, 135 minors who have arrived from the Leningrad region are being held. Development of technologies for working with juvenile offenders during 2003-2006. was carried out on the basis of the Kirovsky municipal district, which was chosen as a model territory for the European Union project "Development of the system of social services for vulnerable groups of the population." The project marked the beginning of cooperation between the social services of the municipal districts of the region and the Kolpino juvenile correctional facility. Specialists of bodies of social protection of the population of municipal districts apply forms of preventive work with juvenile offenders: Exchange information about adolescents in the colony and agree on measures to provide them with support; providing material financial assistance to convicts in obtaining passports; provision of social assistance to families of convicted minors, social patronage; organizing meetings of social workers with inmates of the colony, presenting New Year's gifts. One of the most important measures for the prevention of juvenile delinquency is the organization of health improvement and employment of children and adolescents in the summer. In 2006, 11.4 thousand children and adolescents were covered by various forms of organized recreation, health improvement and employment. Since January 1, 2006, the work of specialized institutions for minors has been carried out in accordance with the state order for social services to the population. When forming the state order for 2006, the emphasis was placed on increasing the volume of services for the prevention of neglect and juvenile delinquency provided to families with children. These are, first of all: Expanding the coverage of families with disadvantaged children with preventive measures aimed at preventing neglect; organization of social patronage of children and families by social educators; increase and development of family educational groups; strengthening interaction with services and institutions for the support of minors and families in a socially dangerous situation; intensification of preventive work with children registered in juvenile affairs units at the Main Internal Affairs Directorate, as well as conditionally convicted children, inmates of correctional and educational institutions and their families. Analysis of the results of the development of social services for minors and families with children in 2004-2006 shows the following. In the Leningrad Region, a system of social services for minors and families with children has been created, which includes: identification of families and children in difficult life situations, social rehabilitation of neglected minors, provision of socio-psychological, socio-pedagogical, socio-medical, socio-legal services to minors and families with children, including - on-line, organization of summer vacations and employment of children in difficult life situations, preventive measures aimed at strengthening the foundations of the family, promoting a healthy lifestyle. The normative and legal framework for the organization of social services for families and children, the activities of social protection institutions has been developed. A record has been established and a data bank has been formed for minors and families with children in a socially dangerous situation and in need of social support. The material and technical base of social service institutions for families and children has been equipped with the necessary rehabilitation, technological, household equipment to ensure accommodation and rehabilitation. New forms of social services have been developed and introduced into the practice of social protection institutions: social patronage of families with children, family upbringing group, Open receptions for minors, helplines, crisis services for women and children, clubs for young families, mutual support groups, schools for parents, summer labor camps for children prone to delinquency. Conditions have been created for social rehabilitation and social and psychological support of children with disabilities and children with disabilities. Forms of family placement of children left without parental care are developing (family educational groups, family summer camp). Improving social support measures The processes taking place in society require new approaches to the implementation of tasks related to the prevention of family problems, neglect of minors, and child disability. Of decisive importance in the development of the system of social services for minors and families with children by expanding the range of social services and improving their quality is the program “Development of the system of social services for families and children in the Leningrad Region.The main goal of the program is to help improve the situation of families with children, to create favorable conditions for the integrated development and life of children in difficult life situations. Sub-objectives of the program: improving the quality of social services provided to minors and families with children, and bringing them to the level of the developed quality standards; development and implementation of new, effective forms of social services: network therapy for families with children in difficult life situations; social - pedagogical support of families with children, young families; social rehabilitation of minors in a family setting, teaching parents how to rehabilitate disabled children; organizing the work of a social taxi for servicing disabled children living in remote settlements, developing labor, creative skills and employment of disabled children. strengthening of preventive measures aimed at social services for minors and families with children; involvement of public structures and non-profit organizations in the prevention of family problems, social orphanhood; The main tasks solved by the Program are: increasing the coverage of children and families with preventive measures, increasing the effectiveness of measures to prevent family trouble and neglect of minors; monitoring the quality of social services for families; organization and holding of cultural events aimed at moral and spiritual education of children in difficult life situations, their health improvement and promotion of a healthy lifestyle; provision of social services to disabled children living in remote settlements, rural areas. The program was developed on the basis of regional target programs: "Disabled children of the Leningrad region for 2004-2006",approved by the regional law No. 65-oz of 30.09.2003; "A family"for 2004-2006 ", approved by the regional law No. 76-oz of 16.10.2003. The effectiveness of the program is achieved by the joint implementation of the activities of this program and the activities of the following regional target programs: "Priority directions for the development of education in the Leningrad region for 2006-2010",approved by the regional law No. 32-oz of 18.05.2006 (program of the committee of general and vocational education of the Leningrad region). Regional target program "Prevention and fight against diseases of a social nature and development of the material and technical base of healthcare institutions of the Leningrad region for 2005-2008",approved by the regional law No. 62-oz of July 28, 2005, with changes as of February 21, 2006 (program of the Health Committee of the Leningrad Region): Regional target program "Youth of the Leningrad Region for 2005-2008",approved by the regional law No. 185-oz of November 10, 2004, with changes as of September 12, 2006 (program of the Committee for Physical Culture, Sports, Tourism and Youth Policy of the Leningrad Region). The program was developed taking into account the Forecast of socio-economic development of the Leningrad region until 2010. The activities of the Program are aimed at preventing and correcting antisocial behavior of children and adolescents identified as a result of this operation, the Program includes activities for the month "Family" - 2 stages of the operation "Teenager". An analysis of the organization of the social service system for minor children and families in the Leningrad Region shows the following: Insufficient coverage of minors and families with children in difficult life situations with various measures of social support; Social services are provided to families with children at an insufficient quality level; 3. it is required to develop new forms of social rehabilitation and social support for minors and families with children in order to increase the effectiveness of measures to prevent family problems and social orphanhood of children, including: network therapy for families with children in difficult life situations; social psychological and pedagogical support of families with children, young families; social rehabilitation of minors in a family setting, teaching parents how to rehabilitate disabled children; organizing the work of a social taxi to serve disabled children living in remote settlements, working out methods for the development of labor, creative skills and employment of disabled children; Lack of access to social services for families with children in difficult life situations, including: with disabled children living in rural areas. In the long-term plan of work of the Committee on Labor and Social Protection of the Population - the adoption of the Regional Target Program "Development of the system of social services for families and children in difficult life situations in the Leningrad region for 2007-2010."
The legal basis for the development of the Program is: Federal Law of the Russian Federation of December 10, 2005 No. 195-FZ "On the basics of social services for the population in the Russian Federation." Law of the Russian Federation of July 24, 1998 No. 120- Federal Law "On the basics of the system for the prevention of neglect and juvenile delinquency." Law of the Russian Federation of November 24, 1995 No. 181-FZ “On social protection of disabled people in the Russian Federation”.
Law of the Russian Federation "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs"dated July 21, 2005 No. 94-FZ. Regional law of February 19, 1999 No. 23-oz "On regional target programs of the Leningrad region." 6. Regional law of November 29, 2004 No. 97-oz "On social services for the population in the Leningrad region." 7.Resolution of the Government of the Leningrad Region dated March 3, 2006 No. 54 "On the approval of guidelines for assessing the effectiveness of regional target programs of the Leningrad region."
The goal of the program is to help improve the situation of families with children, create favorable conditions for the integrated development and life of children in difficult life situations. The main objectives of the Program: increasing the coverage of children and families with children with preventive measures, increasing the effectiveness of measures to prevent family problems and neglect of minors; increasing the coverage of children with disabilities with measures of social rehabilitation and increasing the effectiveness of measures taken for their social rehabilitation and integration into society; providing social support to minors and families with children in difficult life situations; monitoring the quality of social services for families with children; organization and holding of cultural events aimed at the moral and spiritual education of children in difficult life situations, their health improvement and promotion of the foundations of the family, a healthy lifestyle. Provision of social services to disabled children living in remote settlements, rural areas. The implementation of the envisaged complex of measures to support families with children will ultimately improve their social and legal status. Conclusion
The results of the study of the regulatory legal framework, analysis of Russian legislation and a set of measures in the field of state support for families with children, social services for families and children, allow us to draw the following conclusions: Since the beginning of the 90s, a new legislative framework for state support of families with children has been formed in the Russian Federation. The main problem of the current state of the legislative framework in this area is a certain gap between progressive conceptual approaches, the goals, priorities, principles of state support for families, and the actual amount of assistance proclaimed in Russian laws. This gives the legislation a somewhat declarative character and reduces the trust of families in the state. Direct financial assistance to families in connection with the birth and upbringing of children in the form of state benefits, compensation payments, pensions for children in the event of the loss of a breadwinner, and other types of payments at the federal level are established in the form of fixed sums of money. Their size does not depend on the family's real need for support for a specific case of need, but is determined by the financial capabilities of the state or other sources of funding for social support measures. A common problem in the legislative regulation of state support for families with children is the linking of most forms of support to family income, more precisely, to the subsistence level. The presence of the shadow economy often makes it impossible to realistically assess the income of families and identify really needy families with children. The solution to this problem lies outside the scope of the welfare and social services industry. Insufficient reliability of funding sources established by law and their limited availability for most types of support for families with children. The norms for supporting families of fire victims, victims of terrorist acts, natural and man-made disasters, with the exception of radiation, are not enshrined at the level of federal law. In each specific case, decisions are made at the level of municipalities, a constituent entity of the Russian Federation, or the Government of Russia. The legislative and regulatory framework of the current system of social payments, services and social support measures is a huge array of legislative acts with numerous amendments, which do not always clearly describe the procedure for providing social payments and other forms of social support. Not all families eligible for support receive it due to insufficient family information or the inaccessibility (absence) of institutions designed to provide assistance. One of the main shortcomings of modern legislation is the lack of a clear mechanism for bringing to justice for non-compliance with the provisions of the laws. An analysis of the organization of the system of social services for minors and families in the Leningrad Region reveals the following shortcomings: There is an insufficient coverage of minor families with children in difficult life situations, including disabled children living in rural areas. The provision of social services is carried out at an insufficient quality level; These findings indicate the need to improve the legal framework and the system of social support measures provided to families with children. In this regard, we can highlight the main directions of improving the system of legal guarantees provided for families with children: 1. Reforming social legislation towards further implementation of the targeted approach in the payment of state cash benefits and social services. A targeted approach should be expressed in providing assistance not to categories of families, but to individual families who really need help on the basis of obtaining objective data on the situation of specific families. It is advisable to establish in the legislation, along with the declarative principle, also the revealing principle of the payment of benefits and the provision of measures of social support to families with children. At the same time, it is necessary to legislate the creation of regional and federal databases on families and children in need of various types of state social support. The size should be indexed and the share of financial resources for the payment of cash benefits for children should be gradually increased It would be important to establish and, if it exists, to toughen the administrative and civil liability of workers in the social sphere, officials for unjustified refusal or improper fulfillment of the norms of state social assistance to families with children established by law. It is important to consider the possibility of adopting a federal law on job quotas for low-income families with children (single parents with children, large families, student families with children, etc.). It is necessary to systematize legislation, abolish declarative and contradictory norms, reliable financial and organizational mechanisms for implementation. It is proposed to study the feasibility of adopting a federal law on federal guarantees of social protection and rehabilitation of individuals and families affected by terrorist acts, armed conflicts, man-made and natural disasters. The forms of organization of social services for families with children should be constantly improved and become accessible to all categories of families with children. The Russian state and society should pay close attention to supporting families with children. The state and all civil society institutions should not only resolve urgent family problems and support low-income families, but also begin to develop and implement a long-term family policy strategy for all categories of families. The social policy should be based on the priorities of family values, family upbringing of children, equality of men and women in all spheres of life, including the family sphere. Solving family problems is the task of the whole society, citizens' associations, and every Russian family. We need a consolidation of all healthy forces, an increase in the role of civil society institutions, including local self-government bodies, public organizations, and families themselves in stabilizing and radically improving the situation of Russian families. List of used literature
1. The Constitution of the Russian Federation of December 12, 1993 (as amended by the Decree of the President of the Russian Federation of 09.01.1996 No. 10 (RG No. 7, 1996), the Decree of the President of the Russian Federation of 10.02.1996 No. 173 (RG No. 31, 1996) , Decree of the President of the Russian Federation of 09.06.2001 No. 679 (RG No. 111, 2001), Decree of the President of the Russian Federation of 10.02.2003 No. 841 (RG No. 151, 2003) // RG. 1993. No. 197. The Civil Code of the Russian Federation of November 30, 1994 No. 51-FZ // SZ RF. 1996. No. 32. p. 3301. 3. Family Code of the Russian Federation of December 29, 1995 No. 223-FZ // SZ RF. 1996. No. 1. page 16. Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ // Rossiyskaya Gazeta No. 256, 31.12.2001. On state benefits to citizens with children: Federal Law of May 19, 1995 No. 81-FZ (as amended on November 24, 1995, June 18, 1996, November 24, 1996, 12/30/1996, July 21, 1998, July 29, 1998 , from 17.07.1999, from 10.07.2000, from 07.08.2000, from 30.05.2001, from 30.05.2001, from 28.12.2001, from 25.07.2002, from 22.08.2004, from 29.12.2004, from 22.12.2005 , from 22.12.2005, from 22.12.2005, from 05.12.2006) // SZ RF. 1995. No. 21. Article 1929. On social protection of disabled people in the Russian Federation: Federal Law of November 24, 1995 No. 181-FZ // SZ RF. 1995. No. 48. Art. 4563. 8. On the subsistence level in the Russian Federation: Federal Law of October 24, 1997 No. 134-FZ // SZ RF. 1997. No. 43. On the basic guarantees of the rights of the child in the Russian Federation: Federal Law of July 24, 1998 No. 124-FZ // SZ RF. 1998. No. 31. On the basics of the system for the prevention of neglect and juvenile delinquency: Federal Law of June 24, 1999 No. 120-FZ // SZ RF. 1999. No. 26. Art. 3177. On state social assistance: Federal Law of 17.07.1999 No. 178 - FZ (as amended on 22 August 2004) // Rossiyskaya Gazeta No. 188 of 31.08.2004. On labor pensions in the Russian Federation: Federal Law of December 17, 2001 No. 173-FZ // Rossiyskaya Gazeta No. 247 of 20.12.2001. On the general principles of the organization of local self-government in the Russian Federation: Federal Law of October 6, 2003 No. 131 - FZ // SZ RF. 2003. No. 40. Art. 3822. On Amending and Amending Legislative Acts of the Russian Federation and invalidating some legislative acts of the Russian Federation in connection with the adoption of federal laws "On Amendments and Addenda to the Federal Law" On General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of Subjects of the Russian Federation "And" On the general principles of organization of local self-government in the Russian Federation: Federal Law of August 22, 2004 No. 122 - FZ (as amended on November 29, 21, 29, 30 December 2004) // SZ RF. 2004. No. 35. Art. 3607. On the basics of social services for the population in the Russian Federation: Federal Law of December 10, 2005 No. 195-FZ // SZ RF. 2005. No. 50. On amendments to certain legislative acts of the Russian Federation in terms of state support for citizens with children: Federal Law of December 5, 2006 No. 207-FZ // SZ RF. 2006. No. 50. Art. 5285. On additional measures of state support for families with children: Federal Law of December 29, 2006 No.
256-FZ // Rossiyskaya Gazeta No. 297 dated December 31, 2006.
On the main directions of state family policy: Decree of the President of the Russian Federation of May 14, 1996 No. 712 // SZ RF. 20.05.2006. No. 2. Art. 2460 Message from the President to the Federal Assembly of the Russian Federation. - Moscow: Gross Media, 2006, - p. 16. Message from the President to the Federal Assembly of the Russian Federation // Rossiyskaya Gazeta No. 4353 dated 04/27/2007. 21. On additional measures for the social protection of family members of military personnel and employees of the internal affairs bodies, the State Fire Service, who were directly involved in the fight against terrorism on the territory of the Republic of Dagestan and those killed (missing) in the line of duty: Resolution of the Government of the Russian Federation of August 25, 1999 No. 936 // SZ RF. 1999. No. 35. Art. 4321. 22. On measures for social protection of family members of servicemen who died in the performance of military service duties on the nuclear submarine "Kursk": Resolution of the Government of the Russian Federation of September 1, 2000 No. 650 // SZ RF. 2000. No. 36. Art. 3883. 23. On additional guarantees and compensations to servicemen and employees of federal executive bodies involved in counterterrorist operations and ensuring law and order and public safety in the North Caucasian region of the Russian Federation: Government Decree of February 9, 2004 No. 65 // SZ RF. 2004. No. 7. Art. 535. Federal Target Program "Children of Russia" for 2007-2010: Resolution of the Government of the Russian Federation of March 21, 2007 No. 172 // SZ RF. 2007. No. 14. Art. 1688. On regional target programs of the Leningrad region: Law of the Leningrad region of February 19, 1999 No. 23-oz // Bulletin of the Government of the Leningrad region. 1999. No. 5. On social services to the population in the Leningrad Region: Law of the Leningrad Region of November 29, 2004 No. 97-oz // Bulletin of the Government of the Leningrad Region. 2004. No. 40. On social support for families with children in the Leningrad Region: Law of the Leningrad Region dated December 01, 2004 No. 103-oz // Bulletin of the Government of the Leningrad Region. 2004. No. 41. 28. On the approval of the list of guaranteed social services provided by state and municipal institutions of social services to the population of the Leningrad region: Decree of the Government of the Leningrad region dated April 19, 2005 No. 108 // Bulletin of the Government of the Leningrad region. 2005. No. 28. On the organization and financing of activities related to the transportation of minors who have left their families, orphanages, boarding schools, special educational and other children's institutions within the territory of the Leningrad Region: Decree of the Government of the Leningrad Region of November 1, 2005 No. 273 // Bulletin Government of the Leningrad Region. 2005. No. 273. 30. On the vesting of local self-government bodies of municipalities of the region with certain state powers of the Leningrad region in the field of social protection of the population: Law of the Leningrad region of December 30, 2005 No. 130-oz // Bulletin of the Government of the Leningrad region. 2005. No. 69. 31. On the approval of methodological recommendations for assessing the effectiveness of regional target programs of the Leningrad region: Decree of the Government of the Leningrad region dated March 3, 2006 No. 54 // Bulletin of the Government of the Leningrad region. 2006. No. 9. On the state standards of social services for the population in the Leningrad Region: Law of the Leningrad Region dated June 30, 2006 No. 44-oz // Bulletin of the Legislative Assembly of the Leningrad Region. 2006. No. 11. On social support of large families in the Leningrad Region: Law of the Leningrad Region of November 17, 2006 No. 134-oz // Bulletin of the Government of the Leningrad Region. 2006. No. 81. 34. The main directions of the strategy of socio-economic development of the North-West Federal District of the Russian Federation for the period up to 2015. Scientific edition in 2 books // Vorontsova S.D., Grigoriev M.I. and others - SPb .: "Knowledge". 2003 r. 35. Scientific and practical commentary to the Federal Law of August 22, 2004 No. 122 - FZ / Ed. ON. Volgina, S.V. Kalashnikov. - M .: Publishing house of RAGS, 2005 .-- 456 p. 36. Questions of the organization of state social support for various types of families with children: Research results. project // V.V. Elizarov, E.N. Feoktistov, G.I. Klimantova and others: - M .: Education, 2003. -544 p. Social service reform. Under the general editorship of the SPRILO Program Manager S. Tasher. - SPb, LLC "Celesta", 2007.-183 p. Borovikov V. Responsibility for failure to fulfill the duties of raising a minor (Article 156 of the Criminal Code of the Russian Federation) // Russian judge. 2005. No. 2.
INTRODUCTION 3 CHAPTER 1. THEORETICAL BASIS OF RESEARCHING THE SOCIAL SECURITY OF FAMILIES WITH CHILDREN IN THE RUSSIAN FEDERATION 8 1.1 The current state of social security of families with children in Russia 8 CHAPTER 2. SOCIAL SECURITY OF FAMILIES WITH CHILDREN AS AN ELEMENT OF THE SOCIAL SECURITY SYSTEM OF FAMILIES WITH CHILDREN WITH CHILDREN 2.1 12 2.1.1. Social benefits, benefits and compensation for mothers (or other relatives actually caring for the child), 13 2.1.2. Additional measures of state support for families with children, 15 2.1.3. Benefits for children under guardianship and custody in a foster family 21 2.1.4. Social security for families with children who have lost their breadwinner. 23 2.2 Features of the development of social security for families with children 26 CONCLUSION 29 REFERENCES 31
Introduction
Relevance of the research topic. Socio-legal research of social security for families with children is relevant both in general theoretical and in practical (applied) terms. The concept of social security for families with children, which fixes the need for state support for persons in socially vulnerable situations, is one of those widely used in legal and social science literature. Therefore, a theoretical analysis of the content of this concept is certainly important. In addition, next to the general theoretical factor, the relevance of such a study is the current situation of the socio-political development of the Russian Federation, which proclaimed itself a social state based on the rule of law. Since the highest value of such a state is the individual and her rights, the problem of the full implementation of social security for families with children who are directly related to the formation of conditions for a decent life of a person, his social protection. Taking into account the socio-political and economic factors in the development of social security for families with children is becoming one of the elements of the effectiveness of state social reforms. It should be noted that this is consistent with modern international practice of social protection of a person in highly developed countries. Russia, which has proclaimed the protection of human and civil rights and freedoms as a priority area of foreign policy, has thereby assumed the appropriate obligations to ensure the realization of human rights. Among them is the right to social protection, which is of particular importance in the context of market transformations. Today, it can be argued that the decline in economic development, insufficient social and legal protection of broad strata of the population, their impoverishment and uncertainty in the future, increases the dependence of a person on the social policy of the state and prompts the latter to pay close attention to the development of a system of social protection for various categories of the population. The Russian state at the legislative level singled out a socially vulnerable category from among the disabled population - minor children, and with them - the family in which they are kept and brought up. This defines the priorities of Russia's social policy, recognizes the advantage of universal (in particular, family) values over others. It is with the family that such factors of the viability of society as genetic, intellectual, ethnic funds, as well as the quality of physical and spiritual health, the connection between generations, the preservation of moral and cultural values, and the provision of the necessary level of public order are associated. The Russian state recognizes the family as the main structural unit of society, and one of its main functions, in turn, is the function of giving birth and raising children. Finally, it is necessary to take into account the insufficient research of the problem of social security of families with children in legal science. This problem has been investigated to a certain extent by scientists in works devoted to the analysis of social legislation in general (M.G. Aleksandrov, V.S. Venediktov, D.M. Genkin, L.Ya. Gintsburg, M.V. Molodtsov, A.S. Pashkov, V.I. Prokopenko, V.G. Rotan), in works on the problems of paying compensation to families with children (S.S. Karinsky, R.Z. Livshits, A.Yu. Pasherstnik, A.I. Protsevsky) ... The authors of textbooks and teaching aids also contributed to the study of the problem of social security for families with children (NB Bolotina, GI Gulyaev, AD Zaikin, GI Chanyshev). The publication of popular science literature also contributed to an increase in the level of understanding of the social and legal phenomenon, is considered (V.S.Andreev, M.I.Kuchma, A.N. Medvedev, K. Molodtsov, N.A. Stolyar E.L. Khlystova) ... However, studies of social security for families with children, taking into account modern legislation and the possibilities of its development at the level of complex scientific research, have not been carried out. This cannot be considered satisfactory. The volume of the normative material and its complexity require its comprehensive study. The foregoing led to the choice of the topic of the course work "Social security of families with children: current state and development directions." The aim of the study is to determine the current state of social and legal regulation of relations regarding social security of families with children in the system of state social policy. To achieve this goal in the course of work on the course work, the following tasks were solved: 1. Make a general description of the current state of social security for families with children in Russia. 2. To reveal the main directions of social security for families with children. 3. Analyze the system of social services for families with children. 6. To develop directions for the development of social security for families with children. The object of the research is social relations that are in the sphere of regulation of legislation on social security of families with children in Russia. The subject of the research is the legal norms of the law of social security for families with children. Due to the presence of functional links between branches of law, the study used various research methods. Chief among them was the general scientific dialectical materialist method, which made it possible to study the problems arising in the regulation of relations in the field of social security for families with children, in the unity of their social content and legal form. We proceeded from the decisive influence of public relations on law and looked for ways to enhance the active reverse impact of law on public relations. Using the method of logical analysis, a theoretical model of the relationship between state family policy and the institution of the family was studied and formulated, which was compared with the existing model, which made it possible to establish ways to improve it. The historical method was used because it is fruitful for the search for new means of influencing the law on social relations in socio-economic conditions that are changing. The method of comparative jurisprudence was applied in order to take into account the experience of legal regulation of relations regarding compensation in different regions of the Russian Federation. The formal legal method has found application in the interpretation of legal norms and the development of proposals for their application. The theoretical and methodological basis of the research was formed by scientific works on the theory of social security law S.S. Alekseeva, V.S. Venediktova, L. Ya. Gintsburg, S. Goncharova, P.I. Zhigalkina, V.V. Zhernakova, I.V. Tooth, S.S. Karinsky, R.I. Kondratyev, R.Z. Livshits, S.P. Mavrina, A.R. Matsyuka, A.V. Smirnova et al. Scientific novelty of the results obtained. The course work is a scientific work prepared based on the results of a study of a significant regulatory and legal array that has developed over the years of federalism of the Russian Federation and regulates relations in the system of social security for families with children. As a result of the study, new scientific results were obtained, set out and substantiated in this work, and were the basis for formulating proposals for the application and further improvement of legislation. The course work is an attempt at a comprehensive scientific study of theoretical and practical problems of social security for families with children, taking into account the latest federal and regional Russian legislation and development opportunities. The theoretical significance of the course work lies in the development of a scientifically grounded concept of the possibilities for the development of domestic legislation on the social security of the family. The results we have obtained and the theoretical conclusions drawn on their basis replenish the potential of the science of social security law, and can be used as the basis for further scientific developments. The practical significance is expressed in proposals aimed at improving the content and structure of legislation on social security for families and children in Russia. The results of the research can be used in the educational process when studying the teaching of the course "Social Security Law". Theoretical conclusions and provisions can be used in further scientific research. The structure of the course work is due to the specifics of the object of analysis and the logic of research, it follows from the goal and the corresponding tasks necessary to achieve the goal. Structurally, the work consists of an introduction, two chapters, a conclusion and a list of references.
Conclusion
This work examines and analyzes the current problem of social security and support for families with children. In conclusion, it should be noted that an important institution of social security law is the institution of state assistance to families with children, the essence of which is, first of all, in fulfilling the demographic function, in improving the financial situation of families with children and creating favorable conditions for the development of the younger generation. Forms of social support for families with children occupies one of the key places in the life of society, they directly depend on the development of the economy and are closely related to politics and the social well-being of citizens. The sources of legal support for social support for families with children are the legal framework on the provision of citizens with state benefits, which consists of the Constitution of the Russian Federation of 1993, the Family Code of the Russian Federation, federal regulatory legal acts of the Russian Federation, as well as other regulatory legal acts of the constituent entities of the Russian Federation establishing additional types support for large families, disabled people, orphans and children deprived of parental care, etc. It seems that at the current stage of development of Russian society, the functions of social security law should have a two-level structure - social and special legal. The general social functions include political, economic, demographic, educational, rehabilitation, and public health protection. To special legal - regulatory and protective. An important institution of social security law is the institution of state assistance to families with children, the essence of which is, first of all, in fulfilling the demographic function of social security law, in improving the material situation of families with children and creating favorable conditions for the development of the younger generation. We consider judicial protection of violated rights to be an important guarantee of state protection when providing state aid to families with children. Since when making decisions, the courts are independent and independent from other branches of state power; the specific function of the state - justice - is in the exclusive competence of the courts; courts specially created for the administration of justice, and for other jurisdictional bodies, legal protection is one of the areas of activity; the judicial process eliminates the inequality of the parties, the imperious principle disappears and persons are endowed with equal opportunities to defend the legitimacy of their position.
Bibliography
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The main problem of the current state of the legislative framework in this area is a certain gap between progressive conceptual approaches, the goals, priorities, principles of state support for families, and the actual amount of assistance proclaimed in Russian laws. This gives the legislation a somewhat declarative character and reduces the trust of families in the state.
Direct financial assistance to families in connection with the birth and upbringing of children in the form of state benefits, compensation payments, pensions for children in the event of the loss of a breadwinner, and other types of payments at the federal level are established in the form of fixed sums of money. Their size does not depend on the family's real need for support for a specific case of need, but is determined by the financial capabilities of the state or other sources of funding for social support measures.
A common problem in the legislative regulation of state support for families with children is the linking of most forms of support to family income, more precisely, to the subsistence level. The presence of the shadow economy often makes it impossible to realistically assess the income of families and identify really needy families with children. The solution to this problem lies outside the scope of the welfare and social services industry.
Insufficient reliability of funding sources established by law and their limited availability for most types of support for families with children.
The norms for supporting families of fire victims, victims of terrorist acts, natural and man-made disasters, with the exception of radiation, are not enshrined at the level of federal law. In each specific case, decisions are made at the level of municipalities, a constituent entity of the Russian Federation, or the Government of Russia.
The legislative and regulatory framework of the current system of social payments, services and social support measures is a huge array of legislative acts with numerous amendments, which do not always clearly describe the procedure for providing social payments and other forms of social support.
Not all families eligible for support receive it due to insufficient family information or the inaccessibility (absence) of institutions designed to provide assistance.
One of the main shortcomings of modern legislation is the lack of a clear mechanism for bringing to justice for non-compliance with the provisions of the laws.
These findings indicate the need to improve the legal framework and the system of social support measures provided to families with children. In this regard, we can highlight the main directions of improving the system of legal guarantees provided for families with children:
Reforming social legislation towards further implementation of a targeted approach in the payment of state cash benefits and social services. A targeted approach should be expressed in providing assistance not to categories of families, but to individual families who really need help on the basis of obtaining objective data on the situation of specific families.
It is advisable to establish in the legislation, along with the declarative principle, also the revealing principle of the payment of benefits and the provision of measures of social support to families with children. At the same time, it is necessary to legislate the creation of regional and federal databases on families and children in need of various types of state social support.
The size should be indexed and the share of financial resources for the payment of cash benefits for children should be gradually increased
It is important to consider the possibility of adopting a federal law on job quotas for low-income families with children (single parents with children, large families, student families with children, etc.).
It is necessary to systematize legislation, abolish declarative and contradictory norms, reliable financial and organizational mechanisms for implementation.
The Russian state and society should pay close attention to supporting families with children. The social policy should be based on the priorities of family values, family upbringing of children, equality of men and women in all spheres of life, including the family sphere. Solving family problems is the task of the whole society, citizens' associations, and every Russian family. We need a consolidation of all healthy forces, an increase in the role of civil society institutions, including local self-government bodies, public organizations, and families themselves in stabilizing and radically improving the situation of Russian families.
The Russian state and society should pay close attention to supporting families with children. The state and all institutions of civil society should not only resolve urgent family problems, but also begin to develop and implement a long-term family policy strategy for all categories of families. The social policy should be based on the priorities of family values, family upbringing of children, equality of men and women in all spheres of life, including the family sphere. Solving family problems is the task of the whole society, citizens' associations, and every Russian family. We need a consolidation of all healthy forces, an increase in the role of civil society institutions, including local self-government bodies, public organizations, and families themselves in stabilizing and radically improving the situation of Russian families.
The most important task of family policy should be the development and implementation of strategies and mechanisms to actively develop the potential of the family on the basis of improving its relations with the state, a fuller realization of institutional rights and needs. Family policy, complementing and deepening general social measures, is designed to help solve specific family problems.
Currently, social workers are involved in providing assistance to the family, mainly at the stage of crisis, at the time of conflict or breakdown. But so far most social institutions are not able to work on the prevention of family dysfunctions. Meanwhile, this is one of the most important tasks of social work in a stable society.
Conclusion
As a result of the work done, we come to the following conclusions:
1. The system of social security for families with children fully complies with the general system of social security that has developed in the Russian Federation, and the concept of social security for families with children should be built within the framework of existing concepts of social security. Family, parents, legal representatives of children, children themselves act only as special subjects of support or "certain categories of citizens" in the general system of social security;
2. The structure of social security for families with children has changed significantly in the light of modern economic realities. First of all, this concerns the system of financing and management, which is caused by a fundamentally new approach of the legislator to the division of powers in the field of social protection, as well as social security between federal government bodies and government bodies of the constituent entities of the Russian Federation. The Russian Federation is currently the guarantor of cash payments to families with children in respect of pensions, compulsory social insurance benefits, and certain types of benefits for raising children. In addition, the jurisdiction of the Russian Federation includes a number of payments to families of military personnel with children. The provision of social services to families with children, its types, forms and amounts of payment for social services are almost fully regulated by the legislation of the constituent entities of the Russian Federation, without legislative consolidation in the form of certain standards or guarantees at the federal level;
3. Legal relations arising in social security law in connection with motherhood and childhood are characterized by a variety of subjects, among which the main ones can be distinguished: persons with legal personality (mothers, fathers who are entitled to childcare benefits, etc.); persons with legal capacity, but not having legal capacity (children of the deceased breadwinner up to a certain age, with the onset of which the law connects the presence of legal capacity, minors who find themselves in a difficult life situation, etc.); a family that has legal capacity in cases specified by law (a poor family when providing state social assistance, a large family when providing certain measures of social support);
4. Cash payments to families with children are assigned and paid primarily from public funds, most of the cost of social security falls on the share of federal extra-budgetary insurance funds.
The need to improve family policy at the regional and local levels is primarily due to social needs. By its nature and purpose, the family is an ally of society in solving its fundamental problems, establishing moral principles, socializing children, developing culture and economy. Society is interested in an active family capable of working out and implementing its own life strategy, ensuring not only its own survival, but also development.
It is necessary to develop such measures of family and demographic policy that will be adequate to resolve the existing demographic problems. Otherwise, the family as a social institution will be more and more destroyed, and the country's population will shrink in conditions of low birth rate.
Similar information.
The modern state family policy began to take shape in the 90s of the twentieth century, when society and regions realized the need for new state target programs in relation to the family.
The purpose and main principles of state social policy are aimed at the priority of universal human values, the construction of a social legal state on democratic foundations, as established by the Constitution of the Russian Federation. In Art. 7 of the Constitution of the Russian Federation defines Russia as a social state, "whose policy is aimed at creating conditions that ensure a dignified life and free human development", "state support for the family." The social policy of the Russian state in relation to families with children is determined by the Constitution of the Russian Federation. Article 38 of the Constitution indicates that motherhood and childhood, the family are under the protection of the state. State family policy, being an important area of modern social policy, is a set of targeted measures implemented at the federal and regional levels in relation to the institution of the family.
The aforementioned Address of the President of the Russian Federation noted that children in our country should fully develop, grow up healthy and happy, and become its worthy citizens.
2011 saw the best demographic indicators in the last 20 years. Almost 1,800 thousand children were born in the country, the life expectancy of the population has practically reached 70 years, the number of Russians has reached 143 million people.
Since 2011, the implementation of the second stage (2011-2015) of the Concept of the demographic policy of the Russian Federation for the period up to 2025 has begun, aimed at consolidating positive results in most indicators of social development, creating conditions for the growth of the population by 2025 to 145 million people. support of motherhood, fatherhood and childhood, strengthening the family as one of the directions for solving the demographic problem are outlined by the President of the Russian Federation in his 2012 Address to the Federal Assembly. The proposed program contains a whole range of measures aimed at state support for families with children.
Types of state benefits to citizens with children.
Types of state benefits to citizens with children, the procedure for assignment is determined by Federal Law No. 81 "On State Benefits to Citizens with Children" dated May 19, 1995 (as amended by Federal Law No. 133-FZ dated July 28, 2012)
This Federal Law establishes the following types of state benefits:
maternity allowance;
a one-time allowance for women registered with medical institutions in the early stages of pregnancy;
a lump sum at the birth of a child. If two or more children are born, this allowance is paid for each child. At the birth of a still child, this benefit is not paid.
monthly childcare allowance;
monthly child benefit;
a one-time allowance when transferring a child to a family for upbringing;
one-time allowance for the pregnant wife of a conscript;
monthly allowance for the child of a conscript.
The procedure for indexing and recalculating state benefits to citizens with children is also regulated by this law (introduced by the Federal Law dated 01.03.2008 N 18-FZ).
In case of adoption of a child (children) under the age of three months, the maternity allowance is paid for the period from the date of his adoption until the expiration of seventy calendar days (in the case of simultaneous adoption of two or more children - one hundred and ten calendar days) from the date of birth of the child (children The right to a one-time allowance when transferring a child to a family for foster care (adoption, establishment of guardianship (guardianship), transfer to a foster family of children left without parental care) if the parents are unknown, died, declared dead, deprived of parental rights , are limited in parental rights, recognized as missing, incapacitated (partially incapable), for health reasons cannot personally raise and support a child, are serving a sentence in institutions executing a sentence of imprisonment, are in custody of suspects and accused of committing crimes, shy away from raising children or protecting one of the adoptive parents, guardians (trustees), adoptive parents, whether they have their rights and interests, or refused to take their child from educational, medical institutions, social welfare institutions and other similar institutions.
If two or more children are placed in foster care, the allowance is paid for each child. A one-time allowance for the transfer of a child to a family for foster care is paid in the amount of RUB 8,000. every such child. (Part two was introduced by the Federal Law of 02.07.2013 N 167-FZ)
Consider this type of state. support like, Family Capital.
Maternal (family) capital is a form of state support for Russian families raising children. This support is provided from January 1, 2007 to December 31, 2016 at the birth or adoption of a second, third or subsequent child who has Russian citizenship, provided that the parents did not use the right to additional measures of state support.
In accordance with the current legislation, the following persons have the right to receive maternity capital:
a woman who has citizenship of the Russian Federation who has given birth (adopted) a second or subsequent children starting from January 1, 2007;
a man who has the citizenship of the Russian Federation, who is the only adoptive parent of the second or subsequent children, if the court decision on the adoption entered into force starting from January 1, 2007;
the father (adoptive parent) of the child, regardless of the Russian Federation citizenship, in the event of the termination of the right to additional measures of state support of the woman who gave birth (adopted) children, due to, for example, death, deprivation of parental rights in relation to the child, in connection with the birth (adoption) of which the right to obtaining maternity capital, committing a deliberate crime against a child (children);
a minor child (children in equal shares) or a full-time student until he reaches the age of 23, upon termination of the right to additional measures of state support for the father (adoptive parent) or a woman who is the only parent (adoptive parent).
In confirmation of the right to receive maternity capital funds, a state-recognized certificate is issued.
Maternity capital can only be spent for the following purposes:
Improving living conditions
Repayment of a mortgage or other loan / loan taken for the purpose of buying a home;
Reconstruction and renovation of a residential building with an increase in living space;
Home construction compensation;
Home repair and construction on your own;
Share building;
Participation in housing construction cooperatives.
Getting an education
Student accommodation in a hostel of an educational institution
Payment for the services of an educational institution
Mother's pension savings (through investment through a non-state pension fund, Vnesheconombank, a management company).
As a general rule, maternity capital can be used after a child reaches the age of three. Except for cases of repayment of a loan for the purchase of housing, construction, reconstruction (including repayment of part of the mortgage). For these purposes, it is allowed to spend funds immediately after receiving the certificate, provided that the loan or loan was taken before December 31, 2010.
Maternity capital cannot be deposited or spent, for example, on a car or paying off current debts on consumer loans and utilities. To protect family capital from unjustified waste by parents, cashing state certificates is prohibited by law.
Introduction 4
1 Theoretical and methodological foundations for the implementation of social security for families with children 6
1.1 The essence of social security for families with children and its types 6
1.2 Classification of benefits for families with children 10
2 Analysis of the current state of social security for families with children 13
2.1 Analysis of the state family policy in the field of maternity support 13
2.2 Federal programs to support families with children 16
3 Ways to Improve Social Welfare for Families with Children 19
Conclusion 23
List of sources used 25
Article 7 of the Constitution of the Russian Federation, adopted at a popular vote on December 12, 1993 (hereinafter referred to as the Constitution of the Russian Federation), proclaims that the Russian Federation is a social state, which provides state support for family, motherhood, fatherhood and childhood. The system of social protection of the population in the Russian Federation is constantly developing and improving. Federal legislation establishes the main directions of state policy in the field of social support for Russian families. At the same time, it is necessary that when implementing programs to stimulate the birth rate, the real problems of the standard of living and health of Russian families should be taken into account. It is also necessary to focus on preserving the health and quality of life of children and elderly family members, including by means of social security law.
The object of the research is social relations on the issues of social security of families with children.
The research subject includes:
- norms of social security law concerning the research topic;
- scientific publications on the issues under study, which are set out in the list of references.
The purpose of this work is to clarify the place of compensation payments in the social security system; analysis of the current state of social security for families with children; improvement of the legislation of the Russian Federation in the system of compensation payments.
To achieve the set goals, it seems necessary to solve the following tasks:
- to reveal the theoretical and methodological foundations for the implementation of social security for families with children;
- to analyze the current state of social security for families with children;
- consider ways to improve social security for families with children;
- in conclusion, summarize and draw conclusions from the study.
1 Regulations
1. The Constitution of the Russian Federation, adopted by popular vote on 12.12.1993 (as amended on 21.07.2014 No. 11-FKZ) [Text] // Rossiyskaya Gazeta. - No. 237. - 1993.
2. The Housing Code of the Russian Federation of December 29, 2004 No. 188-FZ (as amended on July 13, 2015 No. 236-FZ) [Text] // Collected Legislation of the Russian Federation. - 2005. - No. 1 (part 1). - Art. fourteen.
3. The Labor Code of the Russian Federation dated 30.12.2001 No. 197-FZ (as amended on 05.10.2015 No. 285-FZ) [Text] // Collected Legislation of the Russian Federation. - 2002. - No. 1 (part 1). - Art. 3.
4. The Criminal Code of the Russian Federation of 13.06.1996 No. 63-FZ (as amended on 13.07.2015 No. 267-FZ) [Text] // Collected Legislation of the Russian Federation. - 1996. - No. 25. - Art. 2954.
5. Family Code of the Russian Federation dated December 29, 1995 No. 223-FZ (as amended on July 13, 2015 No. 240-FZ) [Text] // Collected Legislation of the Russian Federation. - 1996. - No. 1. - Art. 16.
6. Federal Law of November 21, 2011 No. 323-FZ "On the Basics of Health Protection of Citizens in the Russian Federation" (as amended on September 30, 2015 No. 273-FZ) [Text] // Collected Legislation of the Russian Federation. - 2011. - No. 48. - Art. 6724.
7. Federal Law of 06.10.1999 No. 184-FZ "On the General Principles of Organization of the Legislative and Executive Bodies of State Power of the Subjects of the Russian Federation" (as amended on 03.11.2015 No. 303-FZ) [Text] // Collected Legislation of the Russian Federation. - 1999. - No. 42. - Art. 5005.
8. Federal Law of 16.07.1999 No. 165-FZ "On the Basics of Compulsory Social Insurance" (as amended on 01.12.2014 No. 407-FZ) [Text] // Collected Legislation of the Russian Federation. - 1999. - No. 29. - Art. 3686.
9. Federal Law of 19.05.1995 No. 81-FZ "On State Benefits to Citizens with Children" (as amended on 06.04.2015 No. 68-FZ) [Text] // Collected Legislation of the Russian Federation. - 1995. - No. 21. - Art. 1929.
10. Decree of the President of the Russian Federation of 07.05.2012 No. 606 "On measures to implement the demographic policy of the Russian Federation" [Text] // Collected Legislation of the Russian Federation. - 2012. - No. 19. - Art. 2343.
11. Decree of the President of the Russian Federation of 01.06.2012 No. 761 "On the National Strategy of Action in the Interests of Children for 2012-2017" [Text] // Collected Legislation of the Russian Federation. - 2012. - No. 23. - Art. 2994.
12. Decree of the Government of the Russian Federation of 17.12.2010 No. 1050 "On the federal target program" Housing "for 2015-2020" (as amended on 25.08.2015 No. 889) [Text] // Collected Legislation of the Russian Federation. - 2011. - No. 5. - Art. 739.
13. Law of the Republic of Tajikistan dated 14.10.2010 No. 71-ZRT "On measures to prevent harm to the health of children, their physical, intellectual, mental, spiritual and moral development in the Republic of Tatarstan" [Text] // Republic of Tatarstan. - No. 216. - 2010.
2 Educational and special literature
14. Avdeev V.A., Avdeeva O.A. State legal mechanism for the protection of the family and the rights of the child in the Russian Federation [Text] / V.А. Avdeev, O. A. Avdeeva // Russian investigator. - 2015. - No. 9. - S. 22-27.
15. Azarova E.G. Social security and legal protection of children [Text] / E.G. Azarova // Journal of Russian Law. - 2013. - No. 3. - S. 21-32.
16. Bondar NS Judicial constitutionalism in Russia in the light of constitutional justice [Text] / N.S. Cooper. - M .: Norma, Infra-M, 2011 .-- 544 p.
17. Eliseeva A.A. On the question of the constitutional foundations of family protection in the Russian Federation [Text] / А.А. Eliseeva // Family and housing law. - 2014. - No. 3. - S. 21-24.
18. Korsanenkova Yu.B. Problems of legal regulation of social and labor rights of pregnant women and women with children [Text] / Yu.B. Korsanenkova Yu.B. // Labor law in Russia and abroad. - 2013. - No. 1. - S. 16-22.
19. Social protection of the family: improving the mechanism of legal regulation [Text] / V.А. Baranov, A.V. Buyanova, N.S. Volkova and others; ed. HE. Petyukova. - M .: Delovoy dvor, 2015 .-- 176 p.
20. Fainberg M.M. About Modernization of the legal system of the Russian Federation: problems of theory and practice: Diss. Ph.D. [Text] / M.М. Feinberg. - Krasnodar, 2008 .-- 167 p.