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1.1.1. Physical inability models

All developed in the course of historical development of a western civilisation of model of physical inability can be consolidated in three парадигмы15 – lichnostno-tsentricheskuju, populjatsionno-tsentricheskuju and mixed.

The lichnostno-Tsentrichesky paradigm consolidates the models defining physical inability as any lack of the person. Accordingly, a way of the decision arising at the person in connection with physical inability of problems – elimination of the given lack. Responsibility for it lays mainly on the person, the society only creates

14 Tkachenko V. S. Integration into the Russian society of people with physical inability: Diss. … dokt. The sociologist. Sciences. Stavropol, 2007. With. 37

15 "Concept" a paradigm »is used in the theory and history of a science for the characteristic of formation of scientific discipline, the description of various stages of scientific knowledge»//the New Russian encyclopaedia: In 12 t./Redkol.: A.D.Nekipelov, V.I.Danilov-Danilyan, etc. M: Open Company «Publishing house the Encyclopedia»: INFRA TH,

2003. Т.12 (2.2014. С.281.

To it necessary conditions. In case of impossibility to eliminate a lack the society does not recognise for the invalid of the right to integration, and, depending on physical inability model, either tears away it, or incurs mercy function, not recognising the invalid a member equal in rights. The considered paradigm consolidates following models of physical inability.

Archaic model. Existed in a pre-Christian society and considered physical inability as inability owing to physical or mental lacks to extract to itself food (in a primitive society) or to be the soldier and the high-grade citizen (during an antique epoch).16

Religious (moral) model. An ideological basis of the given model

The Christianity (dominating religion of the countries of the European region) is. Considering this model, it is necessary to allocate three ideological views for the physical inability, having different social consequences.

The first – has appeared in early Christianity, has remained in Orthodoxy and now is a basis of private charity for all Christians. It considers essence of physical inability through a category illness. Because the human flesh is inclined to illness, last is considered not as deviance, and as norm human жизни17 and as one of ways of achievement spiritual здоровья.18 Illness can help to reach spiritual perfection to the patient and the one who cares of it. Therefore mercy is virtue and a duty of the Christian.

The second – has arisen in bowels of Catholic church and is traced in statements of separate figures of a roman catholic church today. According to this view the congenital malformation and weak-mindedness badly corresponds with position that any human being is created on an image and

16 Malofeyev N.N.professional education in the varying world. Europe: studies. The grant for students ped. High schools.

M: Education, 2009. With. 8–13.

17 Alex Boburin, Valentine Zhohov. The Christian relation to illness and doctoring [the Electronic resource]. - an access Mode: http://azbyka.ru/hristianstvo/chelovek/zdorovye_i_bolezn-all.shtml (date of the reference 10.12.2013).

18Юрий Maxims. The Svjatootechesky relation to illness [the Electronic resource]. - an access Mode:

http://www.pravoslavie.ru/put/5729.htm (date of the reference 10.12.2013).

To similarity Bozhiju. Carriers of repellent illnesses or are punished for sins, or, that is even worse, there is no creature Божьи.19 Hence, invalids cannot be object of mercy and should be ottorgnuty a society.

The third view has arisen in Protestantism. According to the Protestant doctrine charity is a duty of the Christian. However the relation to poor people is offered to be built according to the reasons which have led to their poverty. If poverty has arisen because of heavy circumstances - it is necessary to show mercy. If poverty – an unwillingness consequence to work, he has not the right to rely on someone's помощь.20 Invalids are allocated with the status of the poor men, not capable to work, and, hence, are object of the help. The model existing in Russia was similar to the given version of religious model state prizrenija.

The medical model - considers physical inability as an illness, disease, chronic or temporary psychological, physiological, anatomic дефект.21

The economic model - defines physical inability as inability to work owing to infringement здоровья.22

The model of functional restrictions - describes physical inability as inability of the person to carry out those or other functions along with healthy людьми.23

Populjatsionno-Tsentrichesky paradigm. The given paradigm consolidates a number of models of the physical inability developed in the Great Britain and the USA in second half of the XX-th century – Marxist model, model of an independent life, psychosocial, sociopolitical, cultural models,

19 Malofeyev N.N.decree. soch. With. 23.

20 Malofeyev N.N.decree. soch. With. 5–53.

21 Kim E.N.concept of "an independent life» in social work with children with the limited possibilities: Diss. … kand. The sociologist. Sciences. M, 1997. With. 50.

22 Tarasenko E.A.state social policy concerning persons with the limited possibilities of health (the comparative analysis on an example of the Russian Federation, the USA and the Great Britain): Diss. … kand. The sociologist. Sciences. M, 2005. With. 23, 24.

23 In the same place. With. 24, 25.

Model of a human variety, technical model, physical inability model as незанятости.24 the General for all these models is that they define physical inability as interaction of health of the person having infringement and unadapted to it of the social environment. Accordingly, the decision of problems of the invalid consists in the adaptation to it of the social environment. Responsibility for it lays on a society.

The mixed paradigm. The given paradigm includes the models consolidating two conceptual sights at physical inability, characteristic for lichnostno-tsentricheskoj and populjatsionno-tsentricheskoj paradigms. The mixed paradigm is presented in the given work as two models.

The first – mediko-social (rehabilitation) модель.25 Is reflected in

The World organisation of public health services prepared in 1980 (CART)

«The international classification of infringements, restrictions of ability to live and social insufficiency» (further - MKN).26 In this classification for the first time at the international level physical inability is considered in the form of restriction of ability not only to labour activity, but also to self-service, movement, training, etc. ability to live categories. Under aegis the CART and the United Nations Organization (United Nations) approbation of this classification in the different countries with the subsequent generalisation of the received results in published in 1989 on the basis of MKN «to the International nomenclature of infringements, restrictions and social insufficiency».27 has been spent

24 About these models see more in detail: Tarasenko E.A.decree. soch. With. 27–41.

25 Tarasenko E.A.decree. soch. With. 25, 26; Blinkov J.A., Tkachenko V. S, Klushina N.P.mediko examination of persons with the limited possibilities//a Series «Textbooks, manuals». Rostov n/d:

"Phoenix", 2002. With. 12; Kantemirova I.B.nurser physical inability in modern Russia: institutsionalnyj the approach to social designing of the phenomenon: Diss. … kand. The sociologist. Sciences. Krasnodar, 2006. With. 23, 24. 26 International Classification of Impairments, Disabilities and Handicaps. A manual of classification relating to the consequences of disease. Geneva: World Health Organization, 1980. 208 c.

27 International nomenclature of infringements, restrictions of ability to live and social insufficiency: the Management on classification of consequences of illnesses and the physical inability reasons//Dews.

AMN, scientific research institute sotsial. Hygiene, economy and upr. Public health services of N.A.Semashko. M: scientific research institute sotsial.

Hygiene, economy and upr. Public health services, 1994. 106 with.

The considered model defines physical inability as the difficult category covering various levels of development of the person as a being biological and social in its diverse mutual relations with surrounding средой.28 Mediko-social model is based on representation that complex all-round aid is necessary for integration into a society according to a pathology which has led to physical inability for invalids. Thus it is offered not only medical aid, but also the help of social character representing to invalids possibility resotsializatsii, restoration of old social communications or creation new in compliance with the arisen social status.

The second – the biopsychosocial model which has received reflexion in the International classification of functioning, ability to live and health restrictions (MKF) 29 and come in the stead MKN. It is accepted the CART and it is published in 2001

The biopsychosocial model of physical inability tries to synthesise all points of view on the given question and to provide the adjusted sight at the various parties of health from biological, personal and social positions.

With the given model opinion conformably expressed in the Russian scientific literature that integration of the invalid into a society has bilateral character. She assumes versatile measures, both concerning the invalid, and concerning the surrounding his environment in which result should vary not only the invalid, but also общество.30

28 Bases of mediko-social examination. M: Medicine, 2005. With. 37.

29 International classification of functioning, ability to live and health restrictions: MKF, the short version. – SPb.: SPbIUVEK, 2003.

30 Kavokin S.N.social management of process of complex rehabilitation of invalids: Diss. … dokt. The sociologist. Sciences. M, 2002. With. 114; Svistunova E.G.organizational and is social-legal aspects of mediko-social rehabilitation of invalids: Diss. … dokt. Medical sciences. M, 2004. With. 100; Lukjanova I.E.scientific a substantiation of the rehabilitation help to persons with ability to live restrictions: Diss. …

dokt. Medical sciences. M, 2009. With. 47.

A number of the specified models of physical inability have been apprehended in Russia and had influence on the maintenance of the Russian legislation regulating rendering of the social help to invalids. In our opinion, the physical inability model is one of the prevailing factors defining the maintenance of the legislation concerning invalids. Hence, conceptual change of the legislation is caused by change of models of physical inability. With a view of studying of the given process the periodization of development of the Russian legislation regulating work and social security of invalids as which criteria the models of physical inability influencing throughout a certain interval of time on a state policy concerning invalids are used is offered. Proceeding from it following periods are allocated:

· the period of religious model;

· the period of model state prizrenija;

· the period of economic model;

· the period of mediko-social model.

The period of influence of religious model (996 – the middle of XVI century)

After a christening of Russia concerning invalids the religious model of physical inability based on Orthodoxy began to define a state policy. The form of the help to invalids during the considered period were the alms. The organisation of the help to invalids has been assigned to church to which donations were transferred. The charter of 996 accepted by Vladimir I Svjatoslavovichem, public prizrenie it was entrusted to care and supervision of clergy, and a source for this purpose was church десятина.31 Also under the order of Old Russian princes

31 Monuments of the right of Kiev state X–XII centuries//Monuments of Russian right / Under the editorship of S.V.Yushkov. Vyp. I. M: 1952. With. 36.

(Vladimir Svjatoslavovicha, Yaroslav Mudrogo, Vladimir Monomaha, etc.) the alms were distributed to invalids. Thus, as mark M.V.Lushnikova, A.M.Lushnikov, princes operated more likely as private philanthropists in this connection the public component of their activity was невелика.32 the Help to invalids during the considered historical period it was given basically in a natural kind by distribution of meal, a shelter in almshouses, etc.

The period of influence of model state prizrenija (the middle of XVI century - the beginning of XX century)

Beggary growth in XVI – the beginning of XVII centuries, caused by frequent wars, attacks, poor harvests, acts of nature and epidemics, has caused of acceptance from the state of measures for struggle against this negative social phenomenon. Rendering assistance rationalisation poor and ailing Was required. As a result in a state policy basis the new model of physical inability, on the lines similar to a Protestant variant of the religious model which have not received developments in Russia lays down. Therefore the considered understanding of physical inability had no religious basis and has been caused by purely pragmatical reasons. In our opinion, with reference to Russia, it is necessary to talk about independent model which it is possible to name model state prizrenija.

The model state prizrenija consisted that invalids were considered as poor, not capable to work because of a state of health and subjects prizreniju in establishments specially created for this purpose by the state. In normative acts of that time it is possible

32 Lushnikova M. V, Lushnikov A.M.course of the social security right. 2 izd. dop. M: JUstitsinform, 2009. With. 63.

To track gradual formation of the described approach to physical inability. On Stoglavom the Cathedral in 1551 the decision to arrange an almshouse for really requiring, aged and leprous is made. The healthy beggar in them to live it was forbidden ("Stoglav", гл.73).33 In the Decree «About alms» it is put the problem to reveal tsar Ivan of IV Grozny in all cities «aged and leprous» and to construct for them almshouses, to provide with a food and одеждой.34 Tsar Feodor Alekseevichem in the Decree of 1681 «About prizrenii poor and reduction of beggars»

«veleno them to disassemble, and strange and sick derzhati in a special place, with any content, from it gosudarevy treasury … and lazy, having health corporal, have stuck to work» … because «to those great sovereigns … for such good business will follow from the Lord of the God time and eternal blagoslovenstvo».35 Given measures carried not only is moral - religious character, but also state as healthy beggars joined work.

Full legal registration of model state prizrenija occurs at Peter I. Under its Decrees 1700, 1710, 1712 old and crippled were recommended to be contained for life at the expense of treasury, and young and healthy to involve to труду.36 the Regulations of the Main city council accepted in 1721, it has been entered three kinds of institutions public prizrenija, one of which were «goshpitali for the sake of prizrenija orphaned, poor, sick and

33 Stoglav//Russian legislation H-HH of centuries. M: 1984. T. 2. With. 241–439.

34 Zaharov M. L, Tuchkov E.G. the social security Right: studies. For students of the high schools trained on a speciality "Jurisprudence". 4 izd., the reslave. And dop. M: Volters Kluver, 2005. With. 2.

35 Cathedral decision under offers of the Tsar. 1681//Certificates historical, collected and published

Arheograficheskoju komissieju. T. 5. (1676–1700). SPb.: 1842. With. 116.

36 Decree I from December, 1700 «About a summer residence old both crippled kormovshchikam and to widows of fodder money wholly to their death, and to greenhorns small to the specified measure, in floors, against former salaries»//the Full code of laws of Russian empire. The first meeting. SPb.: 1830. T IV (1700-1712). Item 1821. With. 94; the decree from February, 9th, 1710 «About survey in the Military order of aged wounded and crippled Officers and the bottom ranks, about

Appointment of one for the doctrine the recruit, and others in almshouses, and about revision of beggars in almshouses

Monthly »//the Full code of laws of Russian empire. The first meeting. SPb.: 1830. T IV (1700-1712). Item 2249. With. 476; the decree from January, 21st, 1712« About a beggary prohibition in Moscow, about distribution of beggars on monasteries and almshouses and about dispatch not attributed to any charitable institutions on their former residence with punishment »//the Full code of laws of Russian empire. The first meeting. SPb.: 1830. T IV (1700-1712). Item 2470. With. 782.

Crippled and for the most aged people of both sexes ».37 Decree of 1724 ruled to spend within empire census of all beggars, the orphans sick and crippled,« which works of cannot impregnate ».38

The generated understanding of physical inability has remained at Catherine II reform by which the state system public prizrenija for all civil estates for the first time has been by legislative action established. «Establishments for management of provinces of the All-Russia Empire» in each province are created by the decree of 1775 Orders public prizrenija which should organise and contain, including, and establishments prizrenija invalids – hospitals, almshouses, houses for incurably sick, houses for сумасшедших.39

At Catherine II creation of invalid houses originates also –

Military almshouses for prizrenija wounded, sick and aged soldiers and them семейств.40 In XVIII century for the purpose of use of residual work capacity of invalids of war and reduction of expenses of treasury by their maintenance have been organised invalid команды.41

Thus, gradually there was a system institutsionalnoj the help to invalids. Further this system was improved after Zemsky reform of 1864 and City reform of 1870 As a result of the spent reforms Orders public prizrenija their functions have been abolished also told city and zemskomu to public self-management that has led to appreciable increase of a role of the public in the organisation prizrenija, growth of the charitable

37 Regulations or the Charter of the Main City council from January, 16th, 1721 Gl. HH//the Full code of laws of Russian empire. The first meeting. SPb.: 1830. Т.VI (1700–1701) / item 3708. C. 302.

38 Decree from June, 3rd, 1724 «About census in all cities, except Siberia, muzheskogo and female beggars»//the Full code of laws of Russian empire. The first meeting. SPb.: 1830. Т.VII (1710). Item 4522. With. 298.

39 Decree from November, 7th, 1775 «Establishments for management of provinces of the All-Russia Empire»//Full meeting of laws of Russian empire. The first meeting. SPb.: 1830. T.HH (1775–1780). Item 14392. With. 229.

40 Decree from July, 13th, 1777 «About establishment in Moscow the invalid house»//the Full code of laws Russian

Empires. The first meeting. SPb.: 1830. T XX (1775-1780). Item 14628. With. 536.

41 Decree from August, 1797 «About dostavlenii to invalid commands of lists and sheets about invalids in Inspection Expedition about dismissal of invalid bottom ranks from service and delivery from invalid commands of appropriate passports»//Full meeting of laws of Russian empire. The first meeting. SPb.:

1830. T. ХХIV (1796–1797). Item 18121. With. 720.

Institutions and to increase in number of the invalids who are in sphere state prizrenija.

In formation and existence of model state prizrenija in the Russian legislation there are norms about financial security of separate categories of invalids: 1649 – lifelong fastening to a nobleman of an estate in case of its old age and a mutilation (Cathedral ulozhenie, item 61 of the chapter XVI); 42 1665 – the Decree of tsar Alexey Mihajlovicha about appointment additional in comparison with others of a monetary and fodder contentment to soldiers with the heavy wounds, come of плена.43 practised Further appointment of monetary pensions and grants to separate persons under the personal order of tsars, and since time of reign of Catherine II to the officers settled in «invalid cities», 44 the invalid maintenance in the form of constants monetary выплат.45 began to be appointed

In 1803 the Decree about pensions in which legal regulation of a provision of pensions of military men-officers for the first time has been systematised is accepted, including инвалидов.46 In 1827 the Decree about pensions for the lowest ranks of military men is accepted and from now on pension become a prevailing kind of maintenance of retired soldiers - инвалидов.47

42 Cathedral ulozhenie 1649//the Legislation of tsar Alexey Mihajlovicha, sost. V.A.Tomsanov. M: Zertsalo Th, 2011. With. 60–256.

43 Decree from July, 15th, 1665 «About a summer residence left and henceforth leaving a captivity of the monetary and fodder salary»//the Full code of laws of Russian empire. The first meeting. SPb.: 1830. T. 1 (1649–1675). Item 345. With. 582.

44 Decree from October, 27th, 1766 «About tap of a place to invalids from city vygonnyh the earths, for a structure

Houses, on the basis of 19 points 8 of Head Mezhevoj of the instruction »//Full meeting of laws of Russian empire. The first meeting. SPb.: 1830. T. ХVII (1765–1766). Item 12768. With. 1026.

45 Decree from January, 1788 «About putting on of a contentment by the salary of invalids on Ober-commandants and Commandants»//Full meeting of laws of Russian empire. The first meeting. SPb.: 1830. T. HH II (1784–1788). Item 16620. With. 1025.

46 Decree from May, 21st, 1803 «About service life and to rewarding of put aside Generals, the Staff and Ober -

Officers army »//Full meeting of laws of Russian empire. The first meeting. SPb.: 1830. T. ХХVII (1802–1803). Item 20770. With. 627.

47 Decree from August, 24th, 1827 «About rules of dismissal of the bottom ranks of the lodged regiments on a period of service of 20 years»//Full meeting of laws of Russian empire. The second meeting. SPb.: 1830. (1825–1881). T II

(1827). Item 1324. With. 700.

In our opinion, the model state prizrenija was one of the reasons of occurrence and development of cash security of invalids. In its context financial security was the form of the prevention of a beggary of separate categories of invalids.

Apparently from the above-stated, the religious model and model state prizrenija have influenced formation and legislative fastening of two basic forms of the help to invalids – financial security and the maintenance in special institutions.

At the same time, influence of religious model has not led to that the legislation has allocated invalids with the right to reception specified above help forms. It is connected by that charity by the nature could not generate any incorporeal right from the invalid to the assisting subject, and, hence, appeal possibility to the current legislation.

Influence of model state prizrenija also has not led to occurrence of the right of invalids on rendering assistance from the state. The specified model considered invalids as the potential beggars which most part became those not on objective circumstances independent of the person, and for the subjective reasons – intemperances, to a gluttony, idleness, etc. Therefore state prizrenie included not only rendering assistance to invalids, but also system of retaliatory measures that was reflected in the legislation. So, not having means of living to "blind, decrepit and crippled peasants» the Caught tramps who do not have the passports did not stand out passport книжки.48, criminals absolutely ailing were exposed наказанию.49 Thus, from

48 Decree from January, 21st, 1748 «About a lack of distribution of passports to blind, decrepit and crippled peasants for pass to St.-Petersburg and to other places, under exaction of a penalty for н6исполнение this decree»//the Full code of laws of Russian empire. The first meeting. SPb.: 1830. T. ХII (1744–1748). Item 9474. With. 821.

49 Decree from November, 19th, 1756 «About definition of the main detectives for investigation and eradications of thieves and robbers and fluent people»//Full meeting of laws of Russian empire. The first meeting. SPb.:

1830. T. ХIV (1754–1757). Item 10650. With. 664.

The nature crippled, mad should go in монастыри.50 Thus, invalids became participants of administrative relations, but did not become the subjects allocated with the rights.

The period of influence of economic model of physical inability (beginning HH century

– The end of 80th HH century)

Capitalism development in Russia in second half XIX century and reform of 1861 have led to occurrence of a class of hired workers at which the labour is separated from means of production. Sale of the labour which regular consumption leads to its loss or considerable decrease becomes a unique source of their existence. Disability deprives of possibility to sell the labour owing to what the unique source of means of existence is lost that does the maintenance of the worker by the important social problem for the state and a society.

The specified social and economic conditions, in our opinion, have mainly affected occurrence of economic model of physical inability. In second half XIX century military value of the term

"Invalid" gradually fades into the background and the concept of physical inability as proof or long нетрудоспособности.51 affirms

The main difference of economic model of physical inability from model state prizrenija consists that the disability reason objective circumstances admit. Hence, the invalid is considered as the full member of a society requiring social security. Simultaneously with the advent of idea of the social

50 Decree from March, 15th, 1727 «About sending in monasteries of criminals behind an old age of years and by nature crippled, as well mind of the deprived people»//Full meeting of laws of Russian empire. The first meeting. SPb.: 1830. T VII (1723-1727). Item 5034. With. 761.

51 Bases of mediko-social examination. With. 7, 8.

The states the economic model has influenced fastening in the legislation of the right of invalids on social security and rights to work.

Development of the rights of invalids on social security and on work occurred gradually. As accidents on manufacture and occupational diseases were the most frequent reasons of loss of earnings, under the influence of the legislation of Germany in 1903 Rules about compensation of victims owing to accidents of workers and employees have been accepted «, and is equal members of their families at the enterprises factory, mountain and gornozavodskoj to the industry», 52 which entered special responsibility of businessmen for a mutilation on the manufacture, constructed on the civil-law beginnings. Despite it paid indemnifications were called as pensions. The sphere of action of Rules has been essentially limited.

Acceptance in 1912 of Laws «About insurance of workers upon accidents», 53 «About maintenance of workers on an illness case» became following step to development of a provision of pensions of invalids, 54 which also as well as the Law of 1903 were under construction on the civil-law beginnings, but thus replaced an individual responsibility of owners of the enterprises with collective responsibility of the businessmen consolidated in insurance associations. The sphere of action of the specified laws also has been limited. They extended only to the European Russia and the Caucasian edge; some categories of workers did not fall under their action; all cases of approach of physical inability (the general disease, occupational disease) were not covered.

52 «Rules about compensation of victims owing to accidents of workers and employees, and it is equal members of their families in the enterprises factory, mountain and gornozavodskoj to the industry», approved on June, 2nd, 1903//Full meeting of laws of Russian empire. The third meeting. SPb.: 1905. T. ХХIII (1903), ch. 1. Item 23060. With. 595.

53 Law from June, 23rd, 1912 «About insurance of workers upon accidents»//Full meeting of laws of Russian empire. The third meeting. SPb.: 1915. T. ХХXII (1912). Item 37447. With. 868.

54 Law from June, 23rd, 1912 «About maintenance of workers on an illness case»//Full meeting of laws

Russian empire. The third meeting. SPb.: 1915. T. ХХXII (1912). Item 37446. With. 855.

Despite limitation of the considered laws, their positive role consisted that addressees of disability pensions of a steel not separate persons or small in scales of all society of group of citizens, and constituting a considerable part of the population of Russia proletariat. The given laws had been fixed the right to the disability pension, being one of social rights of the person. As specifies N.V.Putilo, it were the rights as they showed recognised as a society and the state the claims provided with the corresponding mechanism реализации.55

Establishment of the Soviet power after October revolution of 1917

Has not led to change of economic model of physical inability. The understanding of physical inability based on given model existed practically throughout all Soviet period. So, N.A.Vigdorchik (1930) writes about physical inability as about proof loss of working capacity. A.F.Tretjakov (1959) defines physical inability as «a condition of an organism which is characterised by constant either long disability or its considerable restriction». K.Pojsh, I.Astraukas, N.Tihaze (1973) Consider, that «… physical inability – an organism condition when owing to the transferred diseases or anatomic defects infringement of functions of an organism or system of bodies is led to long loss of professional work capacity or its considerable restriction» by.56 Economic model defined those measures of the help which it is necessary to render to invalids. First, this maintenance of invalids, by payment of pensions and grants, granting of privileges, social service. Secondly, whenever possible the fullest restoration of work capacity and granting to invalids of possibility to work. During the Soviet period of history of our country of the right of invalids on these

55 Putilo N.V.social right of citizens: history and the present. M: ID "Jurisprudence", 2007. With. 63.

56 Vechkanov V. A. To modern understanding of a category of physical inability//Medical labour examination and sociolabor rehabilitation of invalids. Sb. nauch. Works. Vyp. 3. / under the editorship of G.S.Eremenko and I.S.

Belova. M: TSIETIN, 1975. With. 31–33.

Kinds of the social help gradually extended depending on political installations and social and economic possibilities of the state.

Depending on the periods of a condition of the national economy influencing its maintenance, it is possible to divide development of the Soviet legislation on social security and work of invalids into some stages.

The first stage (1917 – the middle of 20th). For it development of the legislation against economic recession in civil war and New economic policy is characteristic.

On October, 30th, 1917 the National commissariat of work (NKT) accepts the insurance program «About social insurance», extended invalidity insurance on all without an exception of hired workers, city and rural бедноту.57

On October, 31st, 1918 Council of national commissioners (SNK) has accepted the Decree

«Position about social security of workers» has been entered for the first time by.58 This Position invalidity benefits owing to the general disease and disability in старости.59 Position Action extended on all workers who were not maintaining another's work and not having sources of means of existence, thus representatives have been excluded from a circle of the provided svergnutyh classes. Pensions were paid for the account of means of the All-Russia fund of the social security formed at the expense of payments private and state

57 SOUS of RSFSR. 1917. № 2. Item 17.

58 In the same place. 1918. № 89. Item 906.

59 In the first years of the Soviet power there was no provision of pensions on an old age. According to the specified Position and the subsequent normative acts to older persons the pension was appointed only in case of their recognition constantly lost work capacity, i.e. invalids. The provision of pensions on an old age irrespective of a work capacity condition has been entered for the first time

The decision of Allied Council of Social insurance at the National commissariat of work from January, 5th

1928 № 5 «About granting of a provision of pensions by aged worker of the enterprises of the textile industry»//News NKT the USSR, 1928, № 3, with. 40; the Decision of the Central Electoral Committee of the USSR, SNK the USSR from May, 15th, 1929 «About maintenance as social insurance on the occasion of an old age»//SZ the USSR, 1929, № 32, item 289.

Establishments, penej under back payments, penalties, incomes of property of establishments of social security.

However progressive intentions of the Soviet power on social insurance introduction have not been realised because of the heavy economic situation of the country connected with civil war. In 1919 direct budgetary financing social обеспечения.60 Thus has been entered, the All-Russia fund of social security has merged with the state budget and social insurance on physical inability has been replaced by social security.

In connection with depreciation of bank notes during civil war, monetary pensions were often replaced with natural deliveries – the foodstuffs, clothes, fuel, etc. Specified Position of 1918 supposed instead of payment of pension a premise of the invalid in the invalid house.

The special attention gave the Soviet state to a provision of pensions of invalids from among military men. In August, 1918 the provision of pensions of invalids from among soldiers Red Армии.61 by Decree SNK from January, 21st, 1919 an order of a provision of pensions of invalids from among soldiers of Red Army is entered has been extended to other categories of military men (seamen, frontier guards etc.). In April, 1919 the new order of social security of invalids of Red Army men is accepted, 62 which is in many respects similar to Position about social security of workers from October, 31st, 1918 For military invalids also four categories of physical inability defined depending on percent of disability have been entered. To invalids of pension having financial security were not appointed.

60 Decree SNK from April, 17th, 1919 «About Position change about a social status of workers in a part, its concerning financial system//the SOU of RSFSR. 1919. № 18. Item 208.

61 Decree SNK from August, 7th, 1918 «About a provision of pensions of soldiers of Workers' and Peasants' Red Army and their families»//the SOU of RSFSR. 1918. № 58. Item 637.

62 Decree SNK from April, 28th, 1919 «About social security of invalids-Red Army men and them

Families »//the SOU of RSFSR. 1919. № 2. Item 20; № 19. Item 220.

In New economic policy (NEP) the economic situation in the country has changed. Return to social insurance has legally been issued by Decree SNK from November, 15th, 1921 «About social insurance of the persons occupied with wage labour».63 After acceptance of the specified Decree, on social insurance system social security of workers and employees, and on social security system – military men and other categories of workers was carried out.

Legal regulation of a provision of pensions of invalids on social insurance system was carried out by Decree SNK from December, 8th, 1921 « About social security of invalids »by.64 This Decree it has been entered six groups of physical inability. The pension was appointed only to invalids of first three groups. For the first time the requirement of presence of the seniority for occurrence of the right to the disability pension has been established. Later the Code of Labor Laws of RSFSR in item 187 has cancelled 1922 the requirement of the seniority for invalids owing to the general disease (the experience was required only for become by invalids owing to senile decrepitude) on August.65 28, 1925 the Decision of the Central executive committee and SNK the USSR Position about maintenance as social insurance of invalids of work and members of families died is approved« or it is unknown absent insured and invalids of work »66, replaced Decree SNK from December, 8th, 1921 and summing up positions of all certificates published after 1921 about a provision of pensions on physical inability. It had been returned the requirement of the seniority for pension appointment at approach of physical inability owing to the general disease. Thus for the first time fractional classification of the seniority depending on age has been entered. The persons who have become by invalids in work or within year from the date of it had the right to pension

63 SOUS of RSFSR. 1921. № 79. Item 672.

64 In the same place. Item 673.

65 In the same place. 1922. № 70. Item 903.

66 SZ the USSR. 1925. № 57. Item 429.

The terminations. The limited term of a presentation of the requirement about disability pension appointment has been established.

The provision of pensions of invalids from among military men in NEPa was carried out according to Decree SNK from December, 8th, 1921

As peasants were out of the state system of a provision of pensions, Decree SNK from May, 14th, 1921 «About improvement of statement of business of social security of workers, peasants and families of Red Army men» 67 had been provided creation of country committees of mutual aid which should carry out financial security of the peasants who have become by invalids.

On new principles activity of invalid houses is under construction. Invalids in these houses contain at the expense of the state, public means and social insurance means. The pension legislation provided possibility of a premise of invalids in invalid houses instead of pension payment.

In 1924 the right of invalids of work to free prosthetics and supply orthopedic предметами.68 has been established

Creation of conditions for realisation of the right of invalids on work was one of displays of economic model. The recognition of the granted right in the first years of the Soviet power occurred gradually. Originally, according to item 13 of the Code of Labor Laws of 1918 69 persons, constantly or temporarily lost work capacity, «the rights to work application» have been certainly deprived. According to item 2 and item 3 of the given Code these persons were released from the labour duty. Further the certificates directed on returning of invalids to social activities have been accepted. From this it is possible to draw a conclusion, that the state, releasing invalids from

67 SOUS of RSFSR. 1921. № 48. Item 236.

68 Order narkomzdrava and narkomtruda RSFSR from April, 19th, 1924 «About an order of supply insured by artificial limbs and orthopedic devices»//insurance Questions. 1926. № 4. With. 2.

69 SOUS of RSFSR. 1918. № 87, 88. Item 905.

Duties to work, did not limit somehow their right to work. In 1920 the enterprises using work инвалидов.70 Decree SNK from December, 8th, 1921 have been released from insurance premium payments has begun creation of the specialised enterprises for invalids. In it the direction of invalids II and III groups in special invalid masterful and labour colonies, and to invalids IV, V and VI groups – work granting, or their inclusion in invalid, industrial and industrial-consumer associations was provided. In it measures of the state support of production associations of invalids were provided. In the Code of Labor Laws of 1922 71 norms about restriction of the right of invalids on work any more was not. In 1923-1925 a number of the normative acts regulating activity of industrial artels of invalids and giving to them льготы.72 has been accepted

The second stage (the end 20 – the end of 30th) At this stage legal

Regulation of work and social security of invalids was improved under the influence of economy development.

Country industrialisation has allowed to raise gradually from the end of 20th years level of social security of invalids. On March, 14th, 1928 and SNK the USSR have approved the Central executive committee (Central Electoral Committee)

«Position about maintenance as social insurance on the occasion of physical inability and on the occasion of loss of the supporter», 73 replaced Position from August, 28th, 1925 Proceeding from it Rules of maintenance as social insurance on physical inability have been approved and on the occasion of loss кормильца.74 These Rules with changes and additions operated to

70 Decision NKT RSFSR «About clearing of insurance premium payments of the enterprises and the separate persons using work of invalids»//the SOU of RSFSR. 1920 № 63. Item 278.

71 SOUS of RSFSR. – 1922. - № 70. - item 903.

72 Normal charter of industrial artel of the invalids, approved NKSO on February, 15th, 1923//the SOU of RSFSR. 1923. № 65. Item 631, the appendix 1 and 2; Decision NKSO from May, 26th, 1923 «About an order

The organisations of industrial-consumer artels and associations of invalids »//the SOU of RSFSR. 1923

№ 65. Item 631; the Decision of the Central Electoral Committee and SNK the USSR from October, 30th, 1925 «About privileges under the tax of trade for invalids of work and their associations»//SZ the USSR. 1925. № 76. Item 571.

73 SZ the USSR. 1928. № 17. Item 146.

74 Rules of maintenance as social insurance on physical inability and on the occasion of loss of the supporter, approved SSSS And NKT the USSR on July, 4th, 1928//News NKT the USSR. 1928. № 46.

1956 According to them the right to pension at physical inability on the general disease arose in case of disability and presence of the necessary seniority. The persons who have become by invalids in work as workers and employees or not later than two years after cessation of work had the right to pension only. Six groups of physical inability have remained, but pensions were appointed only to first three groups. Level of a provision of pensions on physical inability has been raised.

On February, 13th, 1930 the Central Electoral Committee and SNK Position about pensions and grants on social insurance has been approved, 75 cancelled Position from March, 14th, 1928 As a whole Position about pensions repeated norms of the certificate preceding it. At the same time, for workers more preferential has been established, in comparison with employees, the seniority necessary for appointment of the disability pension. For the persons who have not reached 20 years, the requirement of presence of the seniority has been cancelled. In two years Allied council of social insurance and NKT the USSR accept the Decision from February, 29th, 1932 № 47 «About improvement of a provision of pensions on physical inability, on the occasion of loss of the supporter and on an old age».76 This Decision instead of six groups of physical inability had been entered three, remained till now. For the workers occupied on harmful works (under the list of trades), the seniority necessary for appointment of the disability pension has been lowered. Four categories of maintenance depending on branch of a national economy and harm of working conditions were established. Extra charges to pension for drummers of work were provided. The pension together with earnings could not exceed the size of former earnings of the invalid, the minimum sizes of pension for invalids I and II groups have been thus established.

75 SZ the USSR. 1930. № 11. Item 132.

76 News NKT the USSR. 1932. № 11.

Considerable social and economic transformations have allowed 1936 77 to fix in the Constitution of the USSR the right of all citizens to financial security in case of invalidity (item 120). Being based on positions of the Constitution by Decision SNK the USSR from July, 31st, 1937 78 have been cancelled restrictions in a provision of pensions of citizens, before the deprived suffrages in connection with a social origin. However, despite expansion of the circle of persons, receiving disability pensions, it is necessary to notice, that they were received only by the citizens covered by social insurance, and military men.

Throughout perfection of the pension legislation in 1937 distinction in the requirement of the seniority for employees has been abolished at pension appointment on инвалидности.79 In 1938 the new scale of calculation of the seniority is entered; instead of the extra charge for udarnichestvo to invalids I and II groups owing to the general disease the extra charge for a work uninterrupted length of service at one enterprise is established; and depending on invalid dependents available for them it the minimum size пенсии.80 raises also there Was a stabilisation of the legislation on a provision of pensions on physical inability of workers and employees. In the developed kind and almost without the changes, the given legislation has existed almost 18 years.

During the pre-war period the provision of pensions of invalids-military men improved also. In 1926 there is a division of legal regulation of a provision of pensions on physical inability commanding состава81 and the others военнослужащих.82 In five years is accepted

77 News of the Central Electoral Committee of the USSR and VTSIK. № 283. On December, 6th, 1936

78 SZ the USSR. 1937. № 49. Item 205.

79 Decision of the All-Union Central Council of Trade Unions «About improvement of the state social insurance for employees», approved by Decision SNK the USSR from July, 31st, 1937//SZ the USSR. 1937. № 49. Item 203.

80 Decision SNK the USSR, Central Committee VKP () and the All-Union Central Council of Trade Unions from December, 28th, 1938 «About actions on

To labour discipline streamlining, improvement of practice of the state social insurance and struggle against abusings in this business »//the joint venture of the USSR. 1939. № 1. Item 1.

81 Position about the state maintenance of personnel commanding structure of the Workers' and Peasants' Red Army, approved by the Decision of the Central Electoral Committee and SNK the USSR from March, 19th, 1926//SZ the USSR. 1926.

№ 20. WITH. 131.

The position regulating a provision of pensions of personnel military men and cadets of schools military-air сил.83 According to it the pension was appointed to invalids of first four groups, and privileges were given to invalids of the fifth and sixth group. In the subsequent decisions of the All-Russia central executive committee (VTSIK) and SNK RSFSR 1930th years a circle of persons covered by system of the state maintenance, changed, specified and extended lists having on it право.84 On the eve of war the sizes of disability pensions the former military man some times повышались.85

In conformity with Position from February, 13th, 1930 the insurance cash desk had the right to place instead of pension payment the invalid, from its consent, in establishment for invalids. In 1930 the state puts a problem of expansion of a network of invalid houses on purpose «full scope absolutely deprived of work capacity and, first of all, invalids of civil war and members of the families which were lost on war, and also the homeless lonely invalids requiring a permanent care».86

In industrialisation creation of conditions for realisation

By invalids of the right to work it was carried out mainly by development of industrial cooperation of invalids. Decision VTSIK and SNK RSFSR from July, 5th, 1926 had been approved the first Position about

82 Position about the state maintenance of invalids of military service and their families, families died or is unknown absent military men, families of the persons called in numbers of Workers' and Peasants' Red Army, and also the persons who lost work capacity or have lost the supporter owing to active participation in struggle against counterrevolution, approved by Decision VTSIK and SNK RSFSR from October, 11th, 1926//the SOU of RSFSR. 1926. № 86. Item 627.

83 Position about the state maintenance of persons of average, senior and higher commanding structure, persons of younger commanding structure and ordinary structure of extra urgent service and cadets of schools military -

Air forces of Workers' and Peasants' Red Army, and also families of these persons, approved

The decision of the Central Electoral Committee and SNK the USSR from February, 21st, 1931 № 57/129//Meeting of laws and orders of the Workers' and Peasants' Government of the USSR. № 11. On March, 4th 1931г. Item 118.

84 SOUS of RSFSR. 1934. № 17. Item 103.

85 Decision of the Central Electoral Committee and SNK the USSR from January, 31st, 1937 № 86/162//SZ the USSR. 1937. № 9. Item 30; Decision SNK the USSR from July, 16th, 1940 «About pensions of military men and the younger commanding

Structure of the regular military service and their families »//the joint venture of the USSR. 1940. № 19. Item 465; Decision SNK the USSR from June, 5th

1941 «About pensions and grants to persons of the higher, senior and average commanding structure, persons of younger commanding structure of extra urgent service, experts of ordinary structure of extra urgent service and their families»//the joint venture of the USSR. 1941. № 15. Item 282.

86 Circular letter NKSO № 105 from November, 5th, 1930//social security Questions. 1930. № 23 –

24 (119). WITH. 15.

Co-operative associations инвалидов.87 the Given Position provided creation of industrial, agricultural, trading and labour artels of invalids where invalids of all groups and categories if they had right on social insurance and social security, and also some other persons (for example, members of families of the died invalids of war) were accepted. In 1927 cooperation of invalids has been recognised by one of kinds of the co-operative system consolidated by the Central co-operative council, and all privileges and the advantages established for other kinds кооперации.88 have been extended to it

Decision VTSIK and SNK the USSR from April, 23rd, 1930 «About

Cooperations of invalids »the general management of cooperation of invalids has been assigned to National commissariats of social security (NKSO) union republics, and regulation of working conditions of members of artels – on NKT the USSR and NKT allied республик.89

Later the accepted positions (on December, 14th, 1930, on August, 18th, 1931)

Specified the questions, employments of invalids concerning conditions in артели90, creations of recommended conditions by it труда91. Performance of recommendations was obligatory for all enterprises and the organisations.

On February, 25th, 1934 VTSIK and SNK RSFSR have approved new Position about cooperation инвалидов.92 Cooperation of invalids admitted the basic form of their social security. Kinds of artels for invalids – labour, industrial, trading-not commodity, agricultural, trading, public catering have been established. For employment in them any more it was not required directions of bodies of social security. Invalids of all groups and categories, persons with the lowered work capacity confirmed could be members of artel

87 SOUS of RSFSR. 1936. № 41. Item 317.

88 Decision SNK RSFSR from September, 28th, 1927 «Under the report of the All-Russia co-operative union of invalids//SZ RSFSR. 1927. № 99. Item 661.

89 News NKT the USSR. 1930. № 25. Item 546.

90 SOUS of RSFSR. 1931. № 4. Item 42.

91 In the same place. № 49. Item 365.

92 In the same place. 1934. № 16. Item 101.

The conclusion of a medical labour commission of experts, the able-bodied persons who are carrying out care incapable to serve by invalids. For training of invalids to new specialities of artel could accept pupils. With a view of strengthening of a labour discipline Position established, that members of artel could not refuse the work charged to it. In 1936 to artels has been accorded to mete a right between their members to 20 % pure прибыли.93

During the considered period some certificates were accepted,

The conditions directed on creation for employment of invalids at the usual enterprises. In 1930 the list of posts on primary replacement by invalids has been established and the order of carrying out of preliminary physical examination and vocational guidance of the invalid before employment which did not allow the organisation to give up to it in employment is defined. Since 1935 of the enterprise and establishment were obliged, to give partially lost work capacity other work on the same предприятии.94 Since 1936 to the enterprises and the organisations the duty has been made to provide in plans on employment of invalids (III group and partially II groups), and decisions of autonomous republics SNK, regional and regional executive committees fixed the right of priority of invalids to easy kinds serving труда.95

The third stage (1940 – 1945) At the given stage of feature legal

Regulations were defined by extreme conditions of a wartime.

Feature of legal regulation of a provision of pensions on physical inability in the Great Patriotic War (Second World War) consisted that on many categories of workers and employees (seamen, rechniki, railwaymen, etc.), operations working in areas, was

93 Decision SNK the USSR from January, 27th, 1936 «About expansion of manufacture of consumer goods promkooperatsii and cooperations of invalids»//SZ the USSR. 1936. № 7. Item 63.

94 SZ the USSR. 1935. № 36. Item 312.

95 SOUS of RSFSR. 1936. № 19. Item 130.

The provision of pensions on the physical inability, provided for military men and establishing higher level обеспечения.96 is extended

In days of war legal regulation of work of invalids also differed certain specificity. Before the Patriotic War beginning in connection with general mobilisation by the Decree of the Supreme body of the USSR from June, 2nd, 1940 autocratic dismissal from the enterprises was forbidden to workers and employees and учреждений.97 However according to the same Decree to invalids have been obliged to authorise for dismissal if (VTEK) they could not perform former work on the conclusion of a medical labour commission of experts, and the administration could not give them suitable work. In default administrations to authorise for dismissal of the invalid, he had the right to demand employment contract cancellation judicially. Application of the given Decree at the enterprises of cooperation of invalids where dismissal functions have been assigned to the Chairman of board of artel, was regulated by Decision SNK RSFSR from August, 17th, 1940 98 For a prorumble without valid excuse, autocratic dismissal and the autocratic cessation of work, carried out in-home, members of artel of invalids were made accountable, established by the Decree from June, 2nd, 1940 It is a rule, however, did not extend on invalids I and II groups, which for labour discipline infringement

96 Decision SNK the USSR from March, 22nd, 1942 № 1728 «About pensions rechnikam the vessels of river fleet floating in war zones, and to their families»//the joint venture of the USSR See for example. 1942. № 9. Item 152; Decision SNK the USSR from September, 12th, 1942 № 1511 «About the pensions to seamen of vessels of a marine sea fleet floating in areas of naval actions, and their families»//the joint venture of the USSR. 1942. № 8. Item 131; Decision SNK the USSR from January, 7th, 1943 № 26 «About the pensions to medical workers of vessels of sea and river fleet floating in war zones, and their families»//the joint venture of the USSR. 1943. № 1. Item 20; Decision SNK the USSR from October, 28th, 1943 № 1181 «About pensions to workers narkomsvjazi working in war zones, and their families»//the joint venture of the USSR. 1943. № 14. Item 249; Decision SNK the USSR from November, 25th, 1943 № 1312 «About pensions to civilian workers of vessels Narkomvoenmorflota floating in war zones, and their families»//the joint venture of the USSR. 1944. № 1. Item 8; Decision SNK the USSR from March, 20th, 1944 № 298 «About pensions to workers of a marine sea fleet»//the joint venture of the USSR. 1944. № 5. Item 69.

97Указ the Supreme body of the USSR from June, 2nd, 1940 «About transition to the eight-hour working day, seven-day working week and about prohibition of autocratic leaving of workers and employees from the enterprises and establishments»//Sheets VS the USSR. 1940. № 20.

98 SOUS of RSFSR. 1940. № 14. Item 61.

Were made accountable, provided by the Charter and Rules of the internal labour schedule of artel.

In the Great Patriotic War unprecedented measures on employment of invalids of the Second World War are taken. Decisions SNK RSFSR 1941г., SNK the USSR the right of invalids to primary receipt to work in all state and co-operative enterprises (in the presence of conclusion VTEK) and their prime right to reception to courses, in technical schools and proftehshkoly, 99 1942 was provided and heads of the enterprises and the organisations obliged in the shortest terms and without delays to give directed by bodies of social security to invalids of the Second World War corresponding работу.100

Requirement for a wartime of mobilisation of all able-bodied

The population were entailed by introduction of obligatory employment of invalids III группы.101 the Idle invalids of III group receiving the state pension, went social security bodies for work on a residence, and the enterprises have been obliged to employ them taking into account conclusion VTEK. To invalids evading from work pension payment stopped, while able-bodied citizens for evasion from mobilisation of labour bore criminal ответственность.102

With a view of preparation of invalids for work in days of war new establishments of social security – labour boarding schools have been created, 103 in which invalids of the Second World War I and II groups, where they on the conclusion were accepted

99 Decision SNK RSFSR from November, 6th, 1941 № 659 «About actions for the labour device and training of invalids of a Patriotic War»//GARF. ФА-259. Оп.1, д.12. With. 139, 140.

100 Decision SNK the USSR from May, 6th, 1942 № 640 «About the labour device of invalids of a Patriotic War»//the joint venture of the USSR. 1942. № 5. Item 76.

101 Decision SNK the USSR from August, 28th, 1942 № 1444 «About attraction for the period of war of invalids of the third group receiving pension on the state social insurance, for work in the enterprises and establishments»//the Collection of documents and materials concerning work in Great

Patriotic War (on June, 22nd, 1941 - on January, 5th, 1944). M, 1944. With. 11.

102 Astrahan E.I.legal questions of employment of invalids of a Patriotic War//Socialist legality. 1944. № 5, 6. With. 6.

103 Position about labour boarding schools of the general type of invalids of the Patriotic War, approved by Decision SNK RSFSR from January, 15th, 1942 № 939//the Labour device of invalids in the USSR:

The collection of normative acts and methodical materials. M: gosjurizdat, 1963. With. 34.

The doctor could be employed in educational workshops and to training on courses, organizuemyh at boarding schools. The invalids, passed corresponding training, in case of reception of III group, found a job in state and public organisations.

The fourth stage (1945 – the middle of 60th) At the given stage under the influence of restoration and economy development basically comes to the end formation of the Soviet system of social security of invalids.

Upon termination of the Great Patriotic War the problem of restoration of pre-war level of the industry and agriculture has demanded maintenance with a labour of leading industries (coal, metallurgical, oil etc.). Increase of disability pensions for workers of separate branches of the national economy, the separate enterprises and цехов.104 Positive development of economy was one of the measures, this problem directed on the decision, and become to the middle of 50th years of unification of the legislation obvious necessity about social security have entailed acceptance on July, 14th, 1956 the Law of the USSR «About the state pensions».105 the Given Law has established uniform rules and an order of appointment and disability pension payment to all workers and employees, and also military men of the private soldier, serzhantskogo and starshinskogo regular military service structure. Numerous normative acts existing before have been cancelled. The specified law with

With numerous changes operated practically till 1990

In conformity with the given law worker and employee the pension was appointed at approach of physical inability owing to the employment injury, occupational disease or the general disease. In case of approach of physical inability owing to the employment injury or occupational disease the pension was appointed is not dependent from

104 Decision of Ministerial council of the USSR from September, 10th, 1947 «About advantages and privileges to the underground workers supervising and technical officers of the coal industry and building of collieries»//the joint venture of the USSR. 1947. № 8. Item 149; Katz R.Pensii to workers of the basic branches of a national economy see also Injutin G. M: gosjurizdat, 1949.

105 Sheets VS the USSR. 1956. № 15. Item 313.

Seniority sizes. At approach of physical inability owing to the general disease for pension appointment the seniority which was differentiated depending on a sex, age and work on harmful manufacture was required. Thus to invalids is more younger 20 years if physical inability has come in work, the experience was not required, and if before receipt for work – the experience was required one year. The size of the disability pension was differentiated depending on group and the physical inability reason, and also work on harmful manufacture. At the incomplete seniority necessary for appointment of pension, the pension in the size proportional to the available experience, but not less a quarter of full pension was appointed. The minimum and maximum size of pension was established. I and II groups extra charges were paid for an uninterrupted length of service of work and in the presence of invalid dependents to invalids, the extra charge on leaving also was paid to invalids of I group.

As a result of an adoption of law about the state pensions the right to pension was received by invalids having the seniority since the childhood, i.e. the persons who have become by invalids prior to the beginning of work. As a whole, the circle of persons, covered by the disability pension, has considerably extended. The minimum size of the disability pension has raised approximately in 6 times, 106 and average – in 1,5 раза.107

The state system of a provision of pensions on physical inability of collective farmers has been entered by the Law of the USSR from July, 15th, 1964 «About pensions and grants to members of collective farm» in which legal regulation of appointment of the disability pension it was carried out on the basis of the same approaches, as in the Law on the state pensions 108.

It is necessary to notice, that after acceptance of two specified laws

Provision of pensions remained invalids, which not are not covered

106 Levshin A.V.Ukaz.soch. With. 119.

107 Figurnov S.P.real a wages and lifting of a material well-being of workers in the USSR. M: Sotsekgiz, 1960. With. 61.

108 Sheets VS the USSR. 1964. № 29. Item 340.

Had the seniority. Since 1957 to such invalids by local authorities at the expense of means available at their order monthly allowances if invalids had no sources of the income, communications with agriculture or the relatives, obliged them содержать.109 Thus could be granted, the Soviet legislation during the considered period did not provide scope by financial security of all invalids that contradicted the basic international documents. According to item 22 and item 25 of the General Declaration of human rights 1948 110 each person as the member of a society has the right to social security on a physical inability case.

In 1968 the new system of houses-boarding schools – the house - a boarding school for aged and invalids (for persons is more senior 45 years), the house - a boarding school for invalids (in it invalids at the age from 18 till 45 years), children's houses-boarding schools (for deeply mentally retarded children capable to training under special programs and techniques), children's houses-boarding schools (for deeply mentally retarded children demanding constant extraneous leaving and supervision) were located, psychoneurological boarding schools (for aged and the invalids, suffering by mental disorders).111 has been approved

In post-war years development of legal regulation of work

Invalids has proceeded. In 1948 new Position about cooperations of invalids and the Model charter of artel of cooperation of the invalids, having number of positive innovations affirms – granting of the next and additional holiday was more accurately regulated, performance standards were established is differentiated taking into account a condition

109 Decision of Ministerial council of RSFSR from April, 13th, 1957 № 208 «About financial security of invalids and aged, not receiving state pensions»//the joint venture of RSFSR ", 1958, № 1, item 14.

110 General Declaration of human rights accepted by General Assembly of the United Nations on December, 10th, 1948//the Russian newspaper, 10.12.1998.

111 Order Minsotsobespechenija RSFSR from September, 18th, 1968 № 125 «About the further typification and profiling of houses-boarding schools for aged and invalids»//Access from Union of Right Forces «ConsultantPlus.

The version «Documents of the USSR».

Health and degree of disability and т.д.112 new Position about the organisation of work of home-workers which provided creation of artels nadomnogo work and expansion of a network of shops of home-workers in existing артелях.113 Also was accepted

Development of cooperation of invalids was promoted by granting to artels of invalids of the right of priority to some kinds of activity – trade in news-stands, protection of the enterprises and т.д.114

In 1960 (Sovmin) the USSR the producers' cooperation has been abolished by the Decision of the Central Committee of the CPSU and Ministerial council also all enterprises have been transferred in conducting state органов.115 At the same time, according to the specified Decision for invalids in the state organisations and at the enterprises privileges and advantages which existed earlier in artels of producers' cooperation and artels of invalids have been kept. In connection with liquidation of artels of invalids by Decision Sovmina RSFSR on public authorities has been assigned a duty to pay special attention to development of the enterprises accepted from cooperation of the trade

Artels of invalids not to suppose their liquidation and to provide employment of invalids according to conclusions ВТЭК.116 Thus, simultaneously with liquidation of producers' cooperation of invalids by the state on employment of invalids and creation of conditions measures have been taken for realisation of their right to work. An example of practical steps to this area is creation of Management specialised

112 Decision of Ministerial council of RSFSR from May, 21st, 1948 № 502 «Position about cooperation of invalids»//the Labour device of invalids in the USSR: the collection of normative acts and methodical materials. M: gosjurizdat, 1963. With. 40.

113 Position about the organisation of work of home-workers in co-operative artels of the invalids, approved by the Order of the Chief of Central administrative board on affairs trade and consumers' co-operative society at Ministerial council of the USSR from May, 19th, 1948 № 126//the Collection of the major decisions about cooperation of invalids of RSFSR. M: All-Union co-operative publishing house, 195. With. 111–115.

114 Decision of Ministerial council of RSFSR from June, 18th, 1949 № 445 «About unsatisfactory performance of the plan of the labour device of invalids of a Patriotic War and work in cooperation of invalids

RSFSR »//GARF. ФА-259. Оп.1, d. 259. With. 100–104.

115 Decision of the Central Committee of the CPSU and Ministerial council of the USSR from July, 20th, 1960 № 784 «About producers' cooperation»//Meeting of the current legislation of the USSR. Section 3. The book the sixth. M: News, 1975. With. 641.

116 Decision of Ministerial council of RSFSR from September, 24th, 1960 № 1478//Access from Union of Right Forces

«ConsultantPlus. The version« Documents of the USSR ».

The industrial enterprises Mosgorispolkoma applying work of invalids, 117 which now it is transformed to Joint-Stock Company «City company of the specialised enterprises». After the spent reorganisation the system of the specialised enterprises consisted from state the enterprise and the enterprises of the All-Russia society blind (VOS) and the All-Russia society of deaf persons (VOG).118

The fifth stage (the end 60 – 80th) For the given stage economy stabilisation against which there is a certain humanisation of social security of the invalids, shown in scope by financial security of idle invalids and expansion of privileges given to invalids is characteristic.

Financial security of the invalids who are not receiving pension has been entered into the considered period. In 1967 the grant to invalids since the childhood I and II groups, the reached 16 years, 119 is established and in 1979 – the grant to children-invalids is elderly to 16 лет.120 These grants became a prototype of the future social pension, appointed to invalids.

System of establishments of stationary social service houses-boarding schools for aged and invalids constituted, houses-boarding schools for invalids at the age from 18 till 40 years, boarding houses of veterans of work, psychoneurological boarding schools, children's houses-boarding schools for children with physical defects and children with intellectual backwardness. Activity of houses-boarding schools first of all was regulated by Typical position about the house for aged and инвалидов.121 In the given Typical position a number of new norms, in particular, to invalids and aged contained for the first time

117 Decision of Ministerial council of RSFSR from November, 17th, 1960 № 1722 «About the organisation of management of the specialised industrial enterprises applying work of invalids Mosgorispolkoma»//GARF. ФА-259. Оп.1, д.1361. With. 208.

118 In the present work legal regulation of activity of enterprises VOS and VOG as it was carried out mainly by certificates of these public organisations is not considered.

119 Decision of the Central Committee of the CPSU and Ministerial council of the USSR from September, 26th, 1967 № 888 «About actions on

To the further increase of well-being of the Soviet people »//the joint venture of the USSR. 1967. № 23. Item 161.

120 Decision of Ministerial council of the USSR from May, 23rd, 1979 № 489 «About improvement of financial security of invalids since the childhood»//the joint venture of the USSR. 1979. № 14. Item 89.

121 It is approved by Decision goskomtruda the USSR from June, 20th, 1978 № 202//Bulletin goskomtruda

THE USSR. № 10. 1978.

It was authorised to live in the house-boarding school temporarily.

In the legislation the wide system of privileges for invalids has received fastening.

Privileges to invalids of the Second World War contained in Position about privileges for invalids of a Patriotic War and families of the lost military men, 122 which in a certain measure codified norms on the given question. Position defined a circle of persons, having the right to privileges which besides invalids of the Second World War extended on some categories of the military men who have become by invalids as a result of operations.

In 1986 privileges for children-invalids have been expanded and invalids with детства.123 According to the Decision to children-invalids of a medicine under recipes of doctors were released free of charge, and to invalids of the childhood I and II groups, on welfare, - with 50 %-s' discount. To Children-invalids on sight, children-invalids who do not have two finitenesses, or with a paralysis of two finitenesses, and also to invalids I and II groups owing to these reasons it has been accorded a right free pass on public transport. Also the discount from a fare during the osenne-winter period by rail, on air, water and long-distance motor transport has been given these invalids 50 percent.

Invalids of the childhood I and II groups were authorised for accepting hors concours in the higher and average special educational institutions, received vocational training should direct for employment in a place of their residence according to the got speciality.

Besides specified above the legislation gave to invalids a number of other privileges. According to item 20 of Bases of the housing legislation of the Union

122 It is approved by the Decision of Ministerial council of the USSR from February, 23rd, 1981 № 209//the joint venture of the USSR. 1981.

№ 1. Item 71.

123 Decision of the Central Committee of the CPSU, Sovmina the USSR, the All-Union Central Council of Trade Unions from March, 27th, 1986 № 400 «About measures on the further improvement of conditions of a life of invalids since the childhood»//the joint venture of the USSR. 1986. № 18. Item 1993.

And allied республик124 the right to prime granting of premises invalids of the Second World War, invalids of work I and II groups, invalids I and II groups from among military men had the Soviet Socialist Republic, according to item 40 was forbidden to eject from office premises without granting of other premises a number of categories of invalids. Delivery to invalids of free of charge hand-operated car "Запорожец", 125 free and with 50 %-s' discount maintenance protezno-orthopedic изделиями126 and some other privileges was provided.

Legal regulation of work of invalids during the considered period consisted in a regulation of creation of special working conditions of invalids on specialised предприятиях127 and working conditions надомников.128

A number of rules of law has been directed on a possibility of employment of invalids at the usual enterprises. According to decision Sovmina the USSR from December, 10th, 1976 № 1010 «About supplementary measures on improvement of the organisation of vocational training and employment of invalids» 129 maintenance of employment of workers and the employees who have become by invalids, should carry out in conformity with conclusions VTEK, as a rule, administration of that enterprise, in work on which the individual has partially lost work capacity. In the absence of conditions for continuation the labour

Activity of invalids at the same enterprise the administration has been obliged

124 Sheets VS the USSR. 1981. № 26. Item 834.

125 Instruction about an order of delivery and replacement of hand-operated cars "Запорожец" to invalids of a Patriotic War and other invalids from among military men, and also to invalids to whom action of the Decision of Ministerial council of the USSR from December, 29th, 1963 № 1277 is extended,

Approved by the Decision of Ministerial council of RSFSR from December, 18th, 1971 № 673//Access from Union of Right Forces

«ConsultantPlus. The version« Documents of the USSR ».

126 Instruction about an order of supply of the population the protezno-orthopedic products, the RSFSR approved by Order Minsotsobespechenija from December, 4th, 1964 № 122//Access from Union of Right Forces «ConsultantPlus. The version« Documents of the USSR ».

127 Uniform sanitary rules for the enterprises (production associations), shops and the sites intended for use of work of invalids and pensioners on an old age, approved

Ministry of Health of the USSR on March, 1st, 1983 № 2672-83//Access from Union of Right Forces «ConsultantPlus. The version« Documents of the USSR ».

128 Position about working conditions of the home-workers, approved by Decision goskomtruda the USSR and the All-Union Central Council of Trade Unions from September, 29th, 1981 № 275/17-99//Bulletin goskomtruda the USSR. 1982. № 1.

129 Code of laws of the USSR. T. 2. 1990. With. 754-810.

To help them in employment at other enterprises. The same Decision for employment of invalids it was entrusted to authorities to establish at the enterprises the reservation to 2 % of an aggregate number of workers and employees. The Code of Labor Laws of the Russian Federation (Labour Code) 1971130 contained a number of privileges in the field of work for invalids, in particular, the item

157 «Application of work of invalids». According to it, in cases,

Provided by the legislation, the administration has been obliged to employ as employment of invalids and to establish it in conformity with medical recommendations incomplete working hours and other concessionary terms of work. Attraction of invalids to overtime work, work in the days off and night time was supposed only from their consent and under a condition if such work is not forbidden by medical recommendations.

The review of legal regulation of work and social security of invalids during the Soviet period shows strongly pronounced influence on the legislation of economic model of physical inability. Long time the person was considered first of all as a labour source proceeding from what, the state defined measures on its support. Invalids who never worked, have been deprived the right to pension. As physical inability was considered as disability, along with the financial security, one of the basic directions of the help to invalids there was a restoration of ability to work and their attraction to labour activity, thus work granting at the specialised enterprises or in-home was the basic form of employment of invalids. Stationary social service was the basic form of social service of invalids.

In 70-80th years the situation began to vary. Grants for the invalids who do not have the seniority have been established. The weak tendency to gradual expansion of possibilities of integration of invalids was outlined in a society

130 Sheets VS RSFSR. 1971. № 50. Item 1007.

(Car granting, booking of workplaces, etc.).

The Soviet legislation, undoubtedly, has made the big step forward in comparison with the previous period of our history on development of various kinds of social security of invalids. However by the end of 80th years HH century it any more did not correspond to the international norms, concerning the rights of invalids, to sights of domestic scientists at such phenomenon, as physical inability.

The period of influence of mediko-social model (1990 – present time)

Lacks of economic model of physical inability of Russia were brightly showed for the first time in the Great Patriotic War. Practice has shown, that kompensatornye organism possibilities at accurately expressed mood on labour activity are extremely great - the invalids who have received heavy mutilation and diseases at the front, came back to the former work without any fall квалификации.131 As specifies M.V.Verzhblovsky, proceeding from existing then principles of examination, these people followed to recognise as able-bodied. However, natural representations about the high-grade ability to live which are not demanding assistance and leaving, did not match in any way the person deprived of a hand, a foot, an eye, moreover and with a combination of these defects, even in the event that it could carry out mental work high квалификации.132 In 80th years the Soviet scientists the concepts of physical inability defining it have been offered

131 Averbah A.JA.condition of medical labour examination in RSFSR and its next problems.//the Soviet public health services. 1945. № 3. With. 34.

132 Verzhblovsky M.V.Ocherki of history of medical labour examination in RSFSR. L: LIETIN, 1971. With. 61.

The phenomenon as infringement of ability to live as a result of illness or увечья.133

In 90th years legal regulation of social security of invalids began to be based on mediko-social model of physical inability. The statement of the given model was affected by workings out of domestic scientists, the international documents, perfection of public relations, society democratisation, creation and the vigorous activity in 90th years of public organisations of invalids.

The mediko-social model of physical inability was brightly showed in the Law of the USSR from December, 11th, 1990 № 1826-1 «About fundamental principles of social security of invalids in the USSR».134 Law defined, that the invalid is the person having restriction not only work capacity, but also other functions of ability to live. For an estimation of all restrictions of ability to live instead of medical labour mediko-social examination was entered. Proceeding from integrated approach of restrictions of invalids, the state should create it necessary conditions for individual development, realisation creative and production potentialities and abilities. The rehabilitation system (medical, professional and social), directed on restoration, and indemnification of the broken or lost functions of an organism was for this purpose entered.

In the enacting clause it was specified, that the state policy is directed on maintenance to invalids of equal possibilities with all other citizens to realisations of the rights and freedom. The state carries out the measures directed on integration of invalids in a society. On realisation of the specified short stories many norms of the considered Law have been directed. In it discrimination of invalids (the similar straight line of norm in the Russian legislation is not present now) was forbidden. Measures on creation for invalids of an unimpeded access to objects were provided

133 Vechkanov V. A. The decree. soch. With. 36; Bases of mediko-social examination. With. 12, 13, 37.

134 Sheets SND and VS the USSR. 1990. № 51. Item 1115.

Social infrastructure. Training and work of invalids first of all should be carried out in the usual organisations, and under the conditions interfering it is in special. Refusal in a conclusion of employment agreement or in promotion, dismissal at the initiative of administration, transfer of the invalid into other work without its consent on motives of physical inability was forbidden, except for cases when on the conclusion a mediko-social commission of experts the state of health of the invalid interferes with performance of professional duties or threatens health and safety of work of other persons (the similar norm also is not present in the modern Russian legislation). On the first place it has been put nadomnoe social service of invalids, and on the second – stationary. In the Law it was specified, that in a case when as a result of rehabilitation measures necessity of the further stay of the invalid for the house-boarding school or other stationary establishment of the social help has disappeared, the arranged well floor space should be given it local public authority.

After disintegration of the USSR the given law, despite the progressiveness, has not introduced anything essential in is standard-legal regulation of social protection of invalids in the Russian Federation. Though the adoption of law of RSFSR «About the state pensions in RSFSR» from November, 20th, 1990 № 340-1135, for the first time presented the pension system covering all invalids was one of the first displays of influence of mediko-social model on the Russian legislation, in our opinion. To working invalids the disability pension, not working – social pension was established.

In 1995 Federal acts «About social protection of invalids in the Russian Federation» (the Law on social protection of invalids) 136, «About bases are accepted

135 Sheets SND and VS RSFSR. 1990. № 27. Item 351.

136 Federal act from November, 24th, 1995 № 181-FZ «About social protection of invalids in the Russian Federation»//Meeting of the legislation of the Russian Federation, 27.11.1995, № 48, item 4563.

Social service of the population in the Russian Federation »(the Law on bases of social service),« About social service of citizens of advanced age and invalids in the Russian Federation »(the Law on social service of citizens of advanced age and invalids) 137, constituting a basis of modern legal regulation of social protection of the invalids, based on mediko - social model of physical inability. By working out of the Law on social protection of invalids many norms of the Law of the USSR« About fundamental principles of social security of invalids in the USSR »have been apprehended.

The carried out analysis accurately shows dependence of the maintenance of measures of social protection of the invalids fixed in the legislation, on physical inability model on which basis the state policy concerning invalids during this or that historical period is under construction.

Essence of the state social policy concerning invalids as a basis of development of the legislation

The analysis of existing models of physical inability allows to draw a conclusion that physical inability is not the fallen asleep social category, and changes under the influence of perception of people with the physical and mental infringements, caused by achievements of scientific knowledge (medicine, sociology etc.) about the person and a society.

Measures of the social help to invalids from the state can vary from granting of free habitation and livelihood (that was characteristic for the Middle Ages), before protection against discrimination and creation of conditions for integration into a society (the forms inherent in our time).

137 Federal act from August, 2nd, 1995 № 122-FZ «About social service of citizens of advanced age and invalids in the Russian Federation»//Meeting of the legislation of the Russian Federation. 1995. On August, 7th. № 32. Item 3198; the Federal act from December, 10th, 1995 № 195-FZ «About bases of social service of the population in the Russian Federation»//Meeting of the legislation of the Russian Federation. 1995. On December, 11th. № 50. Item 4872.

In the majority of the developed countries modern state social policy concerning invalids is not based exclusively on the models concerning to lichnostno-tsentricheskoj, or populjatsionno-tsentricheskoj to a physical inability paradigm.

In scientific works it is allocated two concepts of social policy concerning invalids – the Concept of a paternalism (social security) and the Concept civil прав.138

The paternalism concept is formed in frameworks lichnostno - tsentricheskoj paradigms of physical inability and provides maintenance of invalids with social pensions and grants, social and health services, formation and training to trades, as a rule, in establishments specially created for invalids.

The concept of the civil rights is based on populjatsionno - tsentricheskoj to a paradigm. It considers invalids as members of a society equal in rights, therefore the priority purpose is returning of invalids in the usual environment (integration) by means of strategy deinstitutalizatsii (creation of conditions for a life of invalids not in special establishments, and in a society among other people) and protection of invalids against discrimination (an interdiction of direct and indirect discrimination of invalids, and also formation in public consciousness of the positive relation to invalids). The given Concept assumes considerable change of self-perception of invalids which should identify itself not only with addressees of pensions and grants, but also with the full members of society having not only the rights, but also duties before a society. The Concept of the civil rights developed in the USA as the antidiscrimination concept of social policy in the field of physical inability was extended also in the Great Britain, Mexico, Canada, Germany, Australia, Israel, New Zealand, Japan and other states. Thus given Concept is considered not as special

138 Tarasenko E.A.decree. soch. With. 45, 46, 51 – 53.

Product of American "import", and as a social policy international standard, not only most full protecting the civil rights and promoting increase of the social status and integration of invalids into a society, but also creating preconditions for a society humanisation as a whole.

Now the paternalism Concept is considered, as a rule, only in the negative key, the positive moments thus available in it for separate categories of invalids are not mentioned (for example, problems of the maintenance of the persons having heavy degree of physical inability which can exist only in the conditions of specialised agencies of stationary type). The concept of the civil rights, on the contrary, is idealised, thus available negative lines are not specified (for example, in it necessity of development of social security of invalids) properly is not considered.

It is necessary to notice, that in the majority of the countries national social policy concerning invalids with a view of the decision of the fullest circle of questions of their social protection is under construction on combination of opposite models of physical inability. For example, in the USA social policy of grants concerning the invalids, based on economic model, is combined with a policy of the civil rights. The Great Britain which has officially proclaimed the Concept of the civil rights as a basis of the social policy in the field of physical inability, has some laws, on values and the ideologies concerning medical model.

Hence, the world tendency consists in building the state social policy concerning invalids on the basis of the mixed paradigm of physical inability.

Proceeding from the above-stated, social policy concerning invalids to Russia, in our opinion, can be directed on realisation of the approaches offered V.S.Tkachenko to integration of invalids in

общество139, which are differentiated depending on a category of invalids.

The first category – children-invalids. The integration purpose – acquisition by the child of ability to an independent independent life by mastering of social knowledge, abilities, norms and behaviour rules. Thus social work should be spent and with a family, and children's collective in which the child as they are the important element of integration of the child-invalid rotates.

The second category – the invalids realising the social status, but not concordant with it and aimed at change of the social status. The integration purpose is achievement by the invalid of higher, than it has, level of the social participation expressed in increase of social respect in the opinion of a society and acquisition of the new social status, or in material well-being increase.

The third category – the invalids realising the social status and concordant with it. The integration purpose is rendering of a complex of the services allowing the invalid to support the biological existence at preservation of a social status with which it occupied before physical inability or with which it could occupy during the previous period of physical inability. Rendered services should provide to the invalid possibility to participate in a social production, political processes, to be engaged in creativity, it is interesting to spend leisure-time.

The fourth category – the invalids, not capable to realise and supervise the behaviour. An overall objective of activity of the state – lifelong maintenance of physiological and hygienic requirements of the specified invalids.

For satisfaction of requirements of the invalids specified above categories, in our opinion, it is necessary to use at development of a social state policy various concepts social

139 Tkachenko V. S. The decree. soch., with. 236 – 245.

Politicians, and, hence, the various models of physical inability concerning opposite paradigms. Proceeding from it, the most universal approach, in our opinion, is use of models of the physical inability concerning the mixed paradigm as they combine in themselves lines of the models consolidated both in lichnostno-tsentricheskuju, and in populjatsionno-tsentricheskuju a paradigm.

Now in Russia at the heart of a state policy concerning invalids the mediko-social model of physical inability that has found the reflexion in the Federal act «About social protection of invalids in the Russian Federation» and other regulatory legal acts accepted in its development lays. Thus, the Russian legislation is based on one of models of the physical inability concerning the mixed paradigm. In Russia, based on the specified paradigm, the present dissertation is devoted development of directions of the further conceptual development of legal regulation of work and social security of invalids.

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A source: JAVORONKOV ROMAN NIKOLAEVICH. LEGAL REGULATION of WORK And SOCIAL SECURITY of INVALIDS In the RUSSIAN FEDERATION. The dissertation on competition of a scientific degree of the doctor of juridical science. Moscow.

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