<<
>>

Priorities of the Policy of Law of the Russian Federation concerning invalids at the present stage

Having proclaimed the Russian Federation the social state, KonstiYOtutsija directly specifies, that in our country work and health of people are protected, the state support of a family, motherhood, paternity and detyostva, the rights of invalids and older persons [277] are provided.

In spite of the fact that all these polozheyonija have found reflexion in the current legislation, the large quantity of problems is not solved yet, the state tries to solve them stage by stage, proceeding from possibilities of the budget, a current economic situation.

Expediently, investigating principles, the purposes and means of the Policy of Law concerning invalids to consider its priorities at the present stage.

In the general-theoretical plan a problem of priorities of the Policy of Law byyola an object of research in A.V.Malko, V.A.Aleksandrova, I.M.Zajtseva, A.A.Zelepukina, A.P.Korobovoj, N.I.Matuzova, O.J.Rybakova, N.P.Chernomorchenko, O.V.Jastrebovoj's works, etc.

Let's give some analysis of approaches of jurists to a problem of priorities in the Policy of Law. N.I.Matuzov marks: "in modern rossijyoskoj to the Policy of Law it is a lot of Priorities. Priorities in this case are understood as priorities, problems, questions which are necessary for solving now and in immediate prospects. To most general of them perfection of the legislation and practice of its application, creation of reliable legal base of spent reforms, crime control, development effective an anticorrosive mixture concern such, as foryomirovanie a lawful state, a civil society,
ruptsionnyh measures, putting in order in the authorities, strengthening of protection and guarantees of human rights, overcoming of legal nihilism other "[278]. V.A.Aleksandrov, I.M.ZajYotsev, A.A.Zelepukin, O.J.Rybakov, N.P.Chernomorchenko, O.V.Jastrebova and others consider, that priorities of the Policy of Law - the main, urgent directions of its realisation.

The legal priority can be shown differently. Priority presence, first, testifies, that the person, the society, the state assume, namereny to carry out a number of measures of legal character for satisfaction potrebyonostej, interests of a certain stage of the development. Secondly, the priority reminds of the unresolved problems of the past nearest and further in oblayosti of the creation and implementation of the right. Thirdly, the priority allows uviyodet both the nearest, and perspective problems and by that to build strateyogicheskie lines of the Policy of Law [279]. Further O.J.Rybakov underlines: " LichYOnost, its rights, freedom - here the basic priority of the Policy of Law "[280]. As many scientists-jurists consider, the legal priority is original pokayozatel expressiveness degrees first of all public interests. ObshcheYOnarodnye interests as the integrated interests of set of persons, except the state to protect there is nobody. Hence, it is possible to draw a conclusion, that formiyorovanie and realisation of priorities of the Policy of Law are impossible without state influence. With reference to the Policy of Law it is necessary to note vozrastajuyoshchuju a state role in definition of priorities, their maintenance. Moreover, priorities of the Policy of Law to be obliged to are focused on the vital requirements of the Russian citizens.

Priorities of the Policy of Law have the classification.

Starting with toyogo circumstances, that the purpose of the Policy of Law is the person, O.J.RybaYokovym is offered the following classification of its priorities:

- The priorities having not passing value, underlying strateyogii developments of the Policy of Law on protection of the rights and the personal freedoms, reflecting universal character;

-- Priorities of the Policy of Law in protection of social rights and freedom lichyonosti, having concrete historical character;

- The priorities allowing to the person more effectively to carry out zayoshchitu of the rights and directed on its legal perfection [281].

Thus, legal priorities are problems, questions of any sphere of activity which are necessary for solving immediately zakonodayotelnymi measures. Realisation of priorities of the Policy of Law will lead foryomirovaniju comfortable and safe conditions of ability to live of people.

However priorities of the Policy of Law concerning invalids in the scientific literature practically are not investigated. Proceeding from the above-stated, the author attempt to investigate priorities of the Policy of Law gosudaryostva concerning invalids at the present stage becomes.

The is standard-legal basis of priorities of the Policy of Law in otnosheyonii invalids, undoubtedly, is constituted by the Constitution of the Russian Federation, the conventional principles and norms of international law and international treaties of the Russian Federation. Priorities of the Policy of Law concerning invalids urged to provide legislatively realisation of fundamental laws and freedom of persons with physical inability, creation of the worthy environment of life-support, blayogoprijatnyh conditions of their ability to live in legal space.

Before to pass directly to maintenance disclosing prioriteyotov the Policy of Law of Russia concerning invalids, it is necessary to note the following. Made decisions not always to the full correspond inteyoresam invalids. To number of the documents improving a legal status of the given
Categories of citizens, concern the Federal act № 143-FZ, [282] mechanisms of realisation of suffrages of persons directed on perfection with invalidnoyostju; the Federal act № 419-FZ [283], focused on maintenance dostupyonosti for invalids of priority objects of ability to live; the Federal target program "the Accessible environment on 2011 - 2015" (extended till 2020), directed on creation bezbarernoj environments; ratification of the Convention of the United Nations about the rights of invalids (other positive tendencies will be specified at harakyoteristike concrete priorities). However along with positive tendencies (for invalids) the decisions which not always are equitable to interests of the given category of citizens (also will be opened at the characteristic concrete prioyoritetov) are made.

As it has been noted above, one of the purposes of the Russian Policy of Law concerning invalids at the present stage is their integration with a society by means of creation to these persons of equal possibilities with other citizens for realisation of constitutional laws and freedom. According to it the author vyyodeljaet following priorities of the modern Russian Policy of Law in otyonoshenii invalids: perfection of activity of the state system of mediko-social examination, perfection of the mechanism of granting of means of rehabilitation and rehabilitation services, maintenance of a right to health protection and medical aid, formation, employment, sovershenstvoyovanie systems of complex rehabilitation and abilitatsii invalids. Within the limits of dissertational research the author considers the most important from it tochyoki sight priorities to which number it has carried the following.

I. The Right to health protection and medical aid. Realisation invalidayomi this right providing a worthy life, has got special aktualyo
nost in connection with coming into force since January, 1st, 2005 of the Federal act № 122-FZ.

At the characteristic of the given priority direction it is necessary to stop especially on sanatorium treatment which is compound chayostju a set of social services. During the considered historical period situayotsija in the given sphere develops not absolutely safely. So, in 2005 on vydeyolennye means from the federal budget - 9,4 mlrd rbl. (without the means which have been not based in 2004) It was possible to improve 1 070 000 citizens of preferential categories; in 2006 - 670 thousand; in 2007 began possible to get about 450 thousand permits though in turn at that time stood 700 thousand citizens preferential ka - tegory [284]. In 2008 the situation has even more become complicated: on allocated from fedeyoralnogo the budget 4,7 mlrd rbl. it was possible to provide with permits only 39 % from all requiring. According to Schetnoj chambers, financing gosudarstvenyonoj the social help regarding sanatorium treatment, including journey to a place of treatment and back, in 2011 was reduced in 1,5 times in comparison with 2005 [285] In 2012 has been given out 326 thousand permits, and in 2013 - 260 thousand (thus, that prayovo on sanatorium treatment has kept 3,6 million people) [286]. For 2013 - 2015 from the federal budget on sanatorium treatment of exempts was it is directed nearby 19,3 mlrd rbl. Thus, in particular, in 2015 25-27 % from those who had the right to granting of the permit [287] could ozdoroyovitsja only.

The resulted statistics testifies that the situation in given sfeyore has strongly pronounced negative dynamics. The certain role in sloyozhivshemsja position is played by business factors (the situation with maintenance of exempts with sanatorium permits is in those regions is better, koyotorye in addition to the federal allocate for these purposes of means from sobstvenyonyh budgets). However the principal cause is an imperfection of the mechanism prayovovogo regulations of the given relations. As already it was marked above, sanatornoyokurortnoe treatment is a component of a social package, which osnoyovan on a principle of is solidary-insurance financing. It means, that realiyozatsija the rights of the invalid to sanatorium treatment will depend on that, how many other invalids will choose the given service. This position prove to be true the statistics resulted above. Optimum the situation looked in

2005 when the invalid could not choose monetary indemnification instead of privileges. But with

2006 when invalids had an opportunity to use this right, situayotsija with maintenance with sanatorium permits of this category of citizens began to change for the worse sharply.

One more lack of legal character is absence on zakoyonodatelnom level of norms about periodicity of granting of the given service. pojavyolenie such norm, despite obvious antihumane character, would allow otyochasti to reduce turn to sanatorium permits. It is necessary to specify that in 2010 the federal act [288] which are not equitable to interests of invalids has already been accepted, according to which the quantity of days of stay in sanatorium was soyokrashcheno with 21 to 18 (mean the days paid from means of Fund sotsiyoalnogo of insurance). It was supposed, that such reduction will allow to increase number of the invalids provided with sanatorium permits. However situyoatsija has not changed for the better: the number of permits got for invalids has not increased, the quantity of procedures has decreased, so, quality sanatornoyokurortnogo treatments has decreased.

Besides, according to item 2 (in a new wording) the Federal act "About gosyoudarstvennoj the social help" sanatorium treatment is carried out with a view of preventive maintenance of the basic disease. If the basic disease is treated as the disease which has become by the reason of physical inability it can limit the rights of invalids to sanatorium treatment. On present moyoment the situation is resolved in favour of invalids, but it is not known, how the position of the profile ministry in the future can izmeyonitsja.

Analyzing the given priority direction, it is necessary to stop on medicinal maintenance of invalids. As medicinal maintenance is a part of a set of social services so far as the problems arising in this sphere, are partly similar to the problems connected with maintenance of invalids by sanatorium permits.

It is possible to allocate some problem aspects in the given sphere.

The first aspect are problems with maintenance of invalids lekarstvenyonymi preparations. Since January, 1st, 2005 the Program dopolnitelyonogo medicinal maintenance (Program DLO) has taken effect, on which preferential categories of citizens (including invalids) should be provided with medicines. Given proyogramma it has initially been constructed on a principle of is solidary-insurance model. It operated rather safely only in the first year of the existence (2005) as any exempt could not take advantage of monetary indemnification instead of privileges. But in 2006 when exempts had such possibility, from 14,7 million people in the Program remains to 7,9 million [289]. Basically in the Program remained grazhyodane, requiring or in constant medicinal therapy, or in dorogostojayoshchih medicines. This circumstance has been ignored profile miniyosterstvami. In 2006 The Ministry of Finance of the Russian Federation has listed in Federal fund of obligatory medical insurance much the smaller sum in comparison with 2005 (34,1 mlrd against 50,8 mlrd), being guided by number of the exempts who have remained in the Program and average cost of one recipe. Starting with vysheyo
Stated, it is possible to draw a conclusion, that the principle of average cost of the recipe in sloyozhivshejsja situations any more did not operate. The given fact, and also absence normativyono the established restrictions at an establishment of trading extra charges to the price proizyovodstva the medicines, promoting a sharp rise in prices for medicines, have led seyoreznym to problems in financing of Program DLO [290].

In 2007 when the number of participants of the Program has decreased to 6,6 million [291], measures on its rescue have been taken. The given Program was modifitsiroyovana in the maintenance Program necessary medical products (ONLS) with connection of regional sources of finance. pokazateyolem "productivities" of the given step there was a next exit from the Program of 1,1 million people in 2007 [292] To no small degree to it promoted audit of the List of the medical products which are given out under the recipe of the doctor (medical assistant), towards its reduction and an establishment of restrictions by quantity of recipes written out to the exempt (in one stage the doctor could write out no more than 5 names of preparations, and within a month no more than 10). Bolshee the number of names could be vypiyosano only under the decision of a kliniko-commission of experts of a polyclinic [293].

Thus, by January, 1st, 2008 in the Program remains to 5,5 million participants. From now on the Program has been divided on two subroutines which sushcheyostvenno differed from each other.

Participants of the subroutine "Seven nozology", according to the Governmental order of the Russian Federation from October, 17th, 2007 № 682 [294], became the citizens suffering
"vysokozatratnymi" diseases. They constituted nearby 1 % from the general number of participants of Program DLO in whole (60 thousand from 5,5 million) [295]. Purchases of medicines under this subroutine were made on-line Minzdravsotsrazvitija the Russian Federation two times a year and went to regions according to given danyonymi.

Participants of the second subroutine which represented regioyonalnyj a segment of Program DLO, steels all other exempts. LekarstvenYOnoe maintenance of these citizens was carried out at the expense of subventions from the federal budget, subjects of the Russian Federation allocated to public authorities who were allocated with powers on maintenance of preferential categories of citizens lekaryostvennymi means. Owing to that in the substantial plan subroutine ONLS has not undergone essential changes, by January, 1st, 2009 its number uchastyonikov has decreased to 5,075 thousand, and by January, 1st, 2010 - to 4,2 million people [296]

In 2010 as, however, and in 2011, the system preferential medicinal obesyopechenija invalids continued to work not to the full. In 2010 the Federal act № 61 [297] by which the system of state-set prices of medical products is established has become effective. According to the Federal act the Russian Federations and Federal service under tariffs from November, 3rd, 2010 [299] According to these documents registration preyodelnyh cost prices of manufacturers on vital and necessary leyo have been accepted the Governmental order of the Russian Federation № 865 [298] and joint Order Minzdravsotsrazvitija
karstvennye preparations carried out Minzdravsotsrazvitija the Russian Federation. However to fevyoralju it is the ministry has coped with registration of the prices only on 247 names from 522 [300], included in the List vital and neobhodiyomyh medical products 2011. The remained 275 names have appeared nedoyostupnymi for citizens requiring them.

Besides problems of legal character in system medicinal obespecheyonija invalids there were also organizational lacks. In particular, the facts of formation by medical institutions of demands on leyokarstva without real requirement for them were observed; refusal by the patient in an extract preferential reyotseptov; impossibility to receive a medicine under preferential recipes; remoteness of the drugstores which are giving out medicines under preferential recipes.

Coming into force of the Federal act from November, 21st, 2011 № 323 [301] did not promote situation improvement in sphere of realisation by invalids of rights to health protection and medical aid. Difficulties with maintenance of this category of citizens with medical products Still take place. Extremely laconically in the Federal act the medical aspect reabilitayotsii invalids is defined. In item 40 item 1 absolutely correct formulation - "the prevention and decrease in degree of possible physical inability" contains not. ZakonodatelYOstvo about social protection of invalids the group invalidnoyosti "and/or" degree of restriction of ability to live "operates with concepts". The concept "degree invayolidnosti" is absent, and the Federal act № 323 its concrete definitions not soderyozhit.

Owing to the above-stated circumstances in 2013 in Program DLO remains less than 20 % from initial number of its participants.

Other problem aspect with which the exit from Program DLO of overwhelming majority of its participants is to no small degree connected, is a purchase of medicines.
Here the situation similar to purchases of means reabiyolitatsii is observed. The suppliers offering miniyomalnye the prices not medical products in that quantity and that nomenclature who are presented in summary demands of medical institutions for places become winners of auction. PriYOobreteniju cheap, ineffective medical products promotes as well that for participation in competitions of the name of medicines move on mezhdunayorodnym nepatentovannym to names, instead of under trading names. And effect from medical influence of cheap preparations, as a rule, minimalyonyj. Besides such preparation can simply not approach the patient.

Thus, system of maintenance of invalids existing in Russia sanatorium permits and medical products not quite efyofektivna. Default or inadequate execution by the state of the objayozatelstv before invalids breaks the rights established by the legislation for this category of citizens.

Concerning sanatorium treatment by the author it is offered ustanoyovit the right of invalids to indemnification for the sanatorium permit, priobyoretennuju it it is independent at a rate of the price for which permits are got FSS.

Completely to refuse Program DLO it is impossible, as lekaryostvennoe maintenance of the persons suffering vysokozatratnymi nozologijami, it should be carried out by the state.

As a whole it is necessary to establish the right of invalids to indemnification for independently got medical products, products of medical appointment, products of dietetic therapy for children-invalids if they are included into the corresponding List. Also it is necessary to develop procedure of such indemnification. The transparent hint on introduction in indemnification practice for priobyoretennye preparations contains in the Strategy of medicinal maintenance accepted in 2013 till 2025 However, interested ministries were not defined with a technique of an establishment of the referential prices. It is necessary to underline, that under the most optimistical forecasts the given scheme will earn in Russia in 2017

II. Formation is one of the main vital values as from it in sew to the country in many respects depend a trade, career and sotsialyonyj the status of the person. This position to the full concerns subjects with osoyobym a legal status which children-invalids concern, invalids I, II groups.

The recognition of the person the invalid involves certain legal poyosledstvija. On it additional guarantees and privileges, preduyosmotrennye the legislation, in particular in a sphere of education without which reception of formation for these persons would be inconvenient or nevozmozhyonym extend.

Until recently (2012) basic normative acts in an education sphere of invalids were the Constitution of the Russian Federation, the Law of the Russian Federation "About obrazovayonii", the Federal act from August, 22nd, 1996 № 125-FZ "About the higher and poslevuyozovskom vocational training", the Federal act from November, 24th, 1995 № 181-FZ "About social protection of invalids in the Russian Federation", KonvenYOtsija about the rights of the child.

So, according to Law item 16 "About formation" hors concours under condition of successful passage of introductory tests in state obrazovayotelnye establishments of average vocational training and gosudarstvenyonye and municipal educational institutions of the higher vocational training were accepted children-invalids, invalids I and II groups, which soglasyono to the conclusion of federal institution of mediko-social examination not proyotivopokazano training in corresponding educational institutions. Besides, the Letter of the Ministry of Education of Russia from March, 25th, 1999 was ustayonovleno, that at passage of introductory tests to educational institutions of the higher vocational training to invalids predostavljajutyosja privileges in the form of additional time for preparation of the oral answer and vyyopolnenie written work.

According to Federal act item 19 "About social protection invayolidov in the Russian Federation" to invalids reception obshchedoyo is provided
stupnogo and the free preschool, initial general, basic general, average general education and average vocational training, and takyozhe free higher education in the organisations in which are created spetsiyoalnye conditions for formation reception.

However in practice in second half first decades ХХІ century not all children-invalids of school age could realise a constitutional law on formation.

The percent of children who are not getting educations, among deyotej-invalids with deviations in mental and intellectual development was especially great.

Children with a hearing disorder and sight as in Russia there are not enough textbooks and liyoteratury, printed on special techniques could not realise to the full the right of education, hearing aids and druyogih the means helping children with touch infringements poluyochat high-grade formation and to study to live freely and independently.

The special place among many problems of children with infringements opornoyodvigatelnogo the device was occupied with difficulties of access to formation and public health services establishments, residential buildings and transport, sports and cultural establishments that does their life actually isolated from a society.

In the majority of subjects of the Russian Federation in subitem 1 infringement, 6.1 and 7 items 29 of the Law of the Russian Federation "About formation" and Federal act item 18 "About social protection of invalids in the Russian Federation" the authorities did not provide sufficiently finanyosirovanie and the organisation of formation of children-invalids therefore in subyoektah the Russian Federations a considerable part of such children appeared out of educational proyotsessa. For a number of years all efforts on entering into the Law of the Russian Federation "About formation" changes and the additions directed on creation of standard base of formation of persons with limited possibilities of health were blocked.

Besides, since January, 1st, 2005 the legislator has refused from federal reyogulirovanija questions of education and training of children-invalids in-home and has brought soyootvetstvujushchie changes in Federal act item 18 "About social protection of invalids in the Russian Federation", having transferred powers by definition poyo
rjadka education and training of children-invalids in-home, and also the sizes kompenyosatsii expenses of parents for these purposes for level of subjects of the Russian Federation, having provided vyyoplatu specified indemnifications at the expense of regional budgets. Thus, the sizes of calculation of indemnifications on these purposes essentially differed, that basically did not allow to provide equal volume of educational services in razyonyh regions of Russia. One of the forms of formation listed in the law, napravlenno and diskriminatsionno is deprived federal financing.

By results of administrative controls of the legislation Russian FedeYOratsii on observance of the right of children-invalids on the formation, spent to 2006 in common the State Office of Public Prosecutor of the Russian Federation and Rosobrnadzorom, were vyjavyoleny gross infringements and lacks of work of controls obrazovayoniem subjects of the Russian Federation in this area [302].

Some subordinate legislation contradicted the legislation. So, prikayozom Minzdravsotsrazvitija Russia from August, 22nd, 2005 № 535 [303] was directly ustayonovlena classification by a discrimination sign "inability to obuyocheniju".

The specified document gave the chance to the psihologo-mediko-pedagogical commissions to take out in infringement of the current legislation of the conclusion about "neobuchaemosti" some categories of children-invalids and to direct them in interyonatnye establishments of system of social protection which have no licences for the right of conducting educational activity, corresponding spetsialiyostov and teachers in staff.

It is necessary to notice, that the order specified above has become invalid in connection with izdayoniem for other order Minzdravsotsrazvitija the Russian Federation from December, 23rd, 2009 № 1013н (also has become invalid), in which discrimination formulation byyo
la it is replaced with more neutral - "ability to training to elementary skills and abilities (professional, social, cultural, household), including to rules of performance of sequence elementary tselenapravyolennyh actions in habitual household sphere, or impossibility of this training in connection with available restrictions of ability to live" [304]. Despite vveyodenie in action of the new order with more reserved criteria, the problem doyostupa children-invalids to formation still remained actual. The matter is that absence at the concrete house-boarding school of the licence for realisation of educational activity does not release its administration from objazannoyosti to organise process of training of the pupils. However some establishments internatnogo type do not use possibility of training of children [305], the Russian Federations provided by joint Letter Minobrnauki (№ ВФ-577/06) and MinYOzdravsotsrazvitija the Russian Federation (№ 2608-VS) from April, 4th, 2007 [306] According to this document training of children can be carried out by their transfer in spetsiyoalnoe (correctional) educational institution or other educational institution located nearby.

In connection with introduction of degrees of restriction of ability to labour dejayotelnosti (which have been cancelled since January, 1st, 2010) frequent there were refusal cases the higher and average educational institutions in a documents acceptance to persons with II degree of restriction of ability to labour activity with motiyovirovkoj "absence of specially created conditions" that was constitutional law infringement on formation. Besides, in connection with transition to EGE high schools began to refuse in a documents acceptance to invalids in view of absence of conditions
For delivery EGE. It is necessary to notice, that EGE in itself reduces real level of privileges for invalids at receipt in high schools in comparison with usual system.

Thus, the guarantees established by the legislation and privileges for invalids in a sphere of education not to the full regulated questions obucheyonija and education of such children and their subsequent integration into a society.

Last years legal acts which should sushcheyostvenno change a situation in an education sphere of children-invalids have been accepted:

- In 2011 "the Accessible environment" on 2011 - 2015 [307] has been accepted FTSP, kotoyoraja is extended to 2020 [308];

- In 2012 the Convention of the United Nations on the rights of invalids [309] has been ratified;

- In 2012 has been accepted and the Federal act "About formation in the Russian Federation" [310] has become effective since September, 1st, 2013;

- In 2014 the Government program "Development obrazovayonija" on 2013 - 2020 [311] has been accepted

Studying of these and other documents allows to draw a conclusion that soyozdanie conditions for granting to children-invalids taking into account their features
Psychophysical development of equal access to a quality education in obyoshcheobrazovatelnyh and other educational institutions realising obrayozovatelnye the programs of the general education, and taking into account the conclusions psihologo - the mediko-pedagogical commissions is one of priorities of the modern Policy of Law of Russia realised concerning invalids.

These basic certificates should promote the decision proyoblem children-invalids in an education sphere. However practice of their realisation okayozalas the ambiguous. As is known, formation includes some levels: preschool, school, vocational training. On each of these levels now there are the problems which sources are activity of the legislator and action pravoprimenitelja.

At level preschool (however, as well as school) formations zakonodayotelstvo forms only the most general frameworks of state regulation of questions of formation of children-invalids, and powers go down on regionalyonyj level.

As has noted the vice-speaker of the State Duma of VI convocation L.I.Shvetsova at session of the Commission on affairs of invalids at the President of the Russian Federation which has taken place on March, 26th, 2014, in regions there are no kindergartens and schools of a compensating kind: "In 2012 in the country 1,15 % from all establishments were only 1075 gardens of a compensating kind that has constituted 2,34 % from number of all establishments of a preschool education, and supervision and improvement gardens - 528, or. Thus 4,1 % of children cannot visit preschool centres on a condition zdoro - vja" [312]. Accordingly, already at such stage time for correction zdoroyovja the child-invalid, its social rehabilitation is wasted.

According to director FGNU "Institute of psihologo-pedagogical problems of the childhood" T.Volosovets, "from 6,2 million children of preschool age of 10 % of children with OVZ and physical inability kindergartens of compensating type and 0,5 % kombiyonirovannogo (inkljuzivnoe visit formation). It is necessary to notice, that these figures have grown
In 3 times for last 5 years "[313]. These data testify that potrebyonost in preschool centres of a compensating kind does not decrease.

The uneasy situation has developed at school education level.

Now for children-invalids it is provided a little varianyotov development of programs of the general education: in the remote form, in frameworks inkljuzivnogo or special (correctional) formation.

Optimum the situation with formation reception in diyostantsionnoj to the form is. To execute the list of commissions of the ex-president of the Russian Federation D.A.Medvedev from January, 4th, 2009 № Пр-26, and also commissions of the Government of the Russian Federation from January, 19th, 2009 № ВП-П45-229 Minobrnauki Russia with participation of bodies ispolyonitelnoj the authorities of subjects of the Russian Federation are realised by action "Development distantsionnoyogo formations of children-invalids" the priority national project "ObrazoYOvanie".

Within the limits of the specified action in subjects of the Russian Federation in 2009 - 2011 are created conditions for remote training of 20 thousand children - of the invalids who are engaged in-home (75 % from an aggregate number of this category of children), also are equipped by the special equipment and workplaces of 10 thousand pedagogical workers are connected to network InYOternet. Work of 82 regional centres of remote formation of children-invalids is organised, were trained concerning the organisation of such training of 10 thousand pedagogical rayobotnikov and 12 thousand parents of children-invalids [314].

According to parametres of realisation of the priority national project "Formation" till the end of 2012 possibility to receive the general obrazovayonie in-home distantsionno is given not less than 90 % of children-invalids, not having medical contra-indications and wished to be trained with ispolzoyovaniem remote technologies. According to already mentioned gosudarstvenyonoj to the program installed in the spring
2014, it is planned to ensure formation in-home in the remote form to all children-invalids to whom such formation is not counter-indicative.

At the same time it is necessary to notice, that formation reception in distantsionyonoj to the form solves a question "vseobucha" children-invalids, but runs counter with objavyolennym the state a course on inkljuzivnoe formation and the subsequent inteyogratsiju invalids in a society. First, formation is the difficult process including not only actually training, but also education, and also obyoshchenie. At formation reception in the remote form such components as education and dialogue, are excluded. Accordingly, to speak about priobreteyonii the child-invalid of social experience, it is not necessary its social rehabilitation. Secondly, the quantity of the paid hours defined for deyotej, trained in-home, is not enough - until recently it reglamentiroyovalos the Instruction of the Ministry of national education from 1988 [315] Despite an individual approach to each child-invalid, the quantity of hours, vyyodeljaemyh in a week on its training is, less, than quantity of the hours allocated for training of the child at usual school. In this situation the child-invalid is doomed to a social dependence as at such quantity of hours there is a high probability of interruption of its social mobility. Social peryospektiva such child completely depends on its will, assiduity, intelligence, purposefulness, and also a position of parents.

The following form in which children-invalids can get education, is inkljuzivnoe formation. The analysis of basic and other certificates in an education sphere allows to draw a conclusion that inkljuzivnoe formation is for today the priority form of reception by children-invalids obrazoyovanija.

For five years of realisation of the Government program "the Accessible environment" on 2011 - 2020 quantity of schools in which environment and, sootyovetstvenno is created bezbarernaja, can be trained children-invalids, has increased in 4,8 times - with 2000
(2,5 %) in 2011 to 9600 (21,4 %) by the end of 2016 Thus not only are created fiyozicheskaja availability of schools, but also approaches to the organisation obrazoyovatelnogo process taking into account features of children-invalids for what are spent training of heads of the educational organisations and teachers are fulfilled. Is not present soyomneny that inkljuzivnoe formation - the important necessary step on a way to inyotegratsii invalids in a society. However during realisation above-named prayovovyh certificates there was a number of problems.

First, with a view of maintenance on reception of qualitative educational, medical and social services in obshcheobrazoyovatelnyh the organisations presence narrow spetsiayolistov which are able to work with such children (logopedists, defektologov, tiyoflopedagogov, surdopedagogov, tiflosurdopedagogov etc.) is necessary for children-invalids of guarantees in these organisations. But to directors of schools is unprofitable to take for work of such experts as the last, having extra charges for work with children with special requirements, "eat" salary fund obychyonyh teachers. There is a situation when the economic criterion conflicts to the social.

Secondly, as is known, now at correctional schools across all Russia children with special requirements are trained 12 years. At usual schools the program is calculated for 11 years. The question on how this problem will be solved, remains opened.

One more form of reception of formation by children-invalids is formation within the limits of special (correctional) schools. Realisation vyshenayozvannyh documents has led to occurrence of a serious problem - sokrashcheyoniju numbers of correctional schools. This process leads to destruction unikalyonoj mediko-pedagogical base which is necessary for development not only correctional, but also inkljuzivnogo formations. To Children-invalids not obespechiyovajutsja guarantees on reception of qualitative educational, medical and social services, also are levelled functions of the labour training, allowing to pass to vocational training.

According to the vice-speaker of the State Duma of VI convocation L.I.Shvetsovoj, "since 2000 the general number of correctional schools in the country was reduced to 218 units, with 2011 for 2012 - on 29 units. In 2012 - 2013 was not otyokryto any again constructed correctional establishment" [316]. Meanwhile, according to the director of department of a state policy in sphere of protection of the rights of children of Minobrnauki E. Siljanova, on the beginning of 2014 from 467 176 children with ograyonichennymi possibilities of health 210 194 children were trained in 1676 korrektsiyoonnyh schools, the others - in comprehensive schools, from them: 110 192 - in correctional classes, 146 790 - in general educational classes [317]. PrivedenYOnaja the statistics is bright acknowledgement of that the requirement in korrekyotsionnyh schools does not decrease. The federal act "About formation in Rossijyosky Federation" does not contain positions that correctional schools nuzhyono to close. From the analysis of the maintenance of the Federal act the conclusion that should develop and correctional, and inkljuzivnoe formation follows. In FedeYOralnom the law even possible variants of correctional schools, including for autistov (before it was not) are listed. At the same time itself Federal zayokon can be regarded as the basis for liquidation of correctional schools. The matter is that under earlier operating legislation division of schools on specialisation was called as kinds. In the operating Federal act the concept of a kind is absent. Besides, in the law text correctional establishments not vyyodeleny in separate type.

According to the vice-president of Committee of the State Duma of the Russian Federation by training O.N.Smolina, now it is observed two opposite processes. On the one hand, the parents, wishing to give the child-invalid in obshcheobrazovayotelnoe establishment, are not able to do it [318] as psihologo-medikoYopedagogicheskie the commissions give recommendations on training in the correctional
Establishments. These recommendations carry a binding character for obshcheobrazovayotelnyh the organisations. For this reason the last cannot take such child on training. On the other hand, the parents, wishing to give the child-invalid to special (correctional) establishment, are not able to do it [319] as, in - the first, process of closing of correctional schools, and secondly is observed, in zayokonodatelstve there is no concept of the correctional program.

Closing of the special (correctional) schools, declared on all urovyonjah a course on inkljuziju without creation of necessary conditions for children-invalids lead to infringement of their constitutional law on formation.

In connection with the above-stated it is considered necessary:

1. In Federal act item 5 "About formation in the Russian Federation" to fix the right of children-invalids to inclusion in existing obrazovatelyonuju environment at level preschool, the general and vocational training (the right on inkljuzivnoe formation), and also the option children-invalids and (or) parents of children-invalids of the form of formation (remote, spetsiyoalnoj (correctional), inkljuzivnoj).

2. To make changes in Federal act item 23 "About formation in Rosyosijsky Federation", having returned definition of correctional schools as special type.

3. To raise a role of the professional education and to give special (koryorektsionnym) to establishments the status of the resource centres for development inkljuzii, zayokrepiv corresponding norm in Federal act item 23 "About formation in the Russian Federation". In these centres of the teacher inkljuzivnyh schools smoyogut to learn methods of work with children-invalids, to study experience korrektsionyonyh schools, to master bases of psychology of such children, special techniques, speyotsialnye alphabets.

The following educational level is a vocational training, koyotoroe traditionally is the important constituting system continuous obrayozovanija invalids, considerably expands possibilities for them professionalyonogo the self-determination, the subsequent employment and socialisation.

Point 5 of item 24 of the Convention of the United Nations on the rights of invalids obliges the state-participants to create such conditions that invalids could have access to obyoshchemu to higher education, to vocational training, formation for adults and to training during all life without discrimination and on a level with druyogimi.

Guarantees of the right of invalids on vocational training reception are established item 19 of the Federal act from November, 24th, 1995 № 181-FZ "About sotsiyoalnoj to protection of invalids in the Russian Federation", item 5 of the Federal act from December, 29th, 2012 № 273-F3 "About formation in the Russian Federation", opredeyoljajushchej the state guarantees of realisation of the right of education, item 71 of this law, establishing the special rights at reception on training under programs of a bachelor degree and programs of preparation of the expert, gl. 11 same laws, reyoglamentirujushchej features of reception of formation by some categories of citizens (in particular, persons with the limited possibilities of health).

Positions are included in all FGOS an average and higher education, kasayojushchiesja training of invalids (in particular, on training terms, use of electronic training and remote educational technologies, obespecheyoniju by printing and electronic educational resources in forms, adaptiyorovannyh to restrictions of their health, etc.).

According to the Federal government program "Development obyorazovanija" on 2013 - 2020 by 2020 is planned to create bezbarernuju environment in 25 % of the educational organisations of vocational training.

Thus, at federal level the necessary standard legal base providing realisation of a long-term state policy on formation of availability of an average professional and higher education for invalids is created.

As a whole the analysis of the Policy of Law of Russia in an education sphere of invalids has shown, that, despite positive changes, there are many problems in realisation of these rights by the given category of citizens. And these problems still should be solved to our legislators.

III. Not less important priority direction of the Policy of Law in otyonoshenii invalids is perfection of the mechanism of granting of means of rehabilitation and rehabilitation services as effective rehabilitation is the factor allowing to invalids actively to be integrated during a life of a society and expanding availability of objects and services for given kateyogorii of citizens.

Institutsionalno the rehabilitation system includes:

- The federal state unitary enterprises (spetsializirovanyonye the federal state unitary enterprises, proteznoyoortopedicheskie the enterprises);

- Public health services specialised agencies on a profile travmatoyologii, orthopedy and endoprotezirovanija;

- Establishments of average vocational training for invalids (colleges-boarding schools, technical schools-boarding schools, school-boarding school, mezhregionalyonyj the centre of rehabilitation of persons with hearing problems);

- Sanatorium establishments, including nurseries;

- The state off-budget funds (Fund of social insurance of the Russian Federation, Federal fund obligatory medical strahoyovanija).

Bodies participate in work on rehabilitation of invalids ispolniyotelnoj the authorities of subjects of the Russian Federation and subordinated to them uchreyozhdenija also.

In the Policy of Law in the given sphere there is an uneasy situation. From the decisions, played a positive role in a life of invalids, it is possible to note the following.

Expansion of the federal list of means of the rehabilitation, the Government of the Russian Federation [320] approved by the order, in comparison with sushchestvoyovavshimi earlier [321]. Has been thus expanded not only the list of the technical
Rehabilitation means, but also the list of services (at earlier operating order there was no service in transfer Russian zhestovogo language (on sign language translation, tiflosurdoperevodu).

The decision of a question on indexation of charges and veterinary obyosluzhivanie seeing eye dogs. The problem essence consisted that indemnification sum for 2011 constituted 10 000 rbl. and did not vary before within five years. The given question has been solved by means of modification of Federal act item 11.1 "About social protection of invalids in the Russian Federation" according to which indemnification on the maintenance and veterinary service of soyobak-conductors comes under to annual indexation. So, in 2013 the size sostavyoljal 17 420 rbl. [322], in 2014 - 19 297 rbl. [323], in 2015 - 20 358 rbl. [324], in 2016 - 21 783 rbl. [325]

Improvement of material base of rehabilitation establishments, including at the expense of realisation of the Federal target program "Social support of invalids on 2006 - 2010".

To the decisions accepted in interests of invalids, it is possible to carry: compensation at a rate of 50 % of the sum of the insurance premiums paid by invalids under contracts of compulsory insurance of an autocivil liability; the decision of a question on maintenance with vehicles of the invalids who have become on the account to 1 janyo
Cooking 2005; increase in volumes of financing in maintenance sphere invaliyodov rehabilitation means.

Despite outlined positive tendencies, in rehabilitation system many problems have collected. It to the full concerns such major element of rehabilitation of invalids, as maintenance with their means of rehabilitation and rendering of the protezno-orthopedic help.

Not casually in the program "Accessible environment" on 2011 - 2015 in quality prognoznogo an indicator it was supposed to increase by 2016 a share of the invalids provided with means of rehabilitation, to 98 %. Same pokazayotel according to the program "Accessible environment" on 2011 - 2020 it is supposed doyostich to 2020 [326] Analysis of documents shows, that, despite safe indicators of growth of economy and budget items of expenditure, the state not vydeyoljalo to the full means, sufficient invalids for maintenance tehnicheyoskimi rehabilitation means. And incomplete financing carried siyostemnyj character. So, for January, 1st, 2006 remained unsatisfied 329 thousand the demands which have arrived from invalids still in 2005, for the sum of 1712,5 million rbl. Of 2006 of social insurance Fund has arrived more than 1,6 million demands from invalids on maintenance with their means of rehabilitation for a total sum of 8935,0 million rbl. While on these purposes the total amount of means of the federal budget has constituted only 5129,8 million rbl. Accordingly, unsatisfied ostayolis more than 723 thousand demands [327]. It is possible to explain Partly developed position by growth for 2005 - 2006 on 25 % of number of invalids, increase in 4,4 times kolicheyostva means of rehabilitation given to the invalid on one zayo
To the phenomenon according to recommendations of individual programs reabiliyotatsii, developed by mediko-social commissions of experts, rasshireyoniem the federal list of means of rehabilitation and services. But situyoatsija has repeated in 2007: allocated from the federal budget 6,4 mlrd rbl. it has appeared insufficiently to satisfy requirements of invalids in tehnicheyoskih rehabilitation means in full. As a result of 93,9 thousand invalids in 2007 have not been provided by means of rehabilitation [328]. And in 2008

1,3 mlrd rbl. from the means allocated for these purposes have arrived only in November and for this reason have not been mastered [329].

Nevertheless, it is necessary to notice, that in 2011 the financing volume zakuyopok means of rehabilitation for invalids has been increased by 25 % and soyostavil nearby 15,5 mlrd rbl., for 2013 - 2015 on these purposes has been allocated 73 mlrd rbl., [330] in 2016 - 29,3 mlrd rbl. of [331] Similar 2016 financing volume soyohranen in 2017 [332] However the increase in volume of the budgetary funds allocated for acquisition of means of rehabilitation, not always is accompanied by improvement of their quality on which many complaints from invalids arrive. SootYOvetstvenno, poor quality of rehabilitation technics is one more problem of the given sphere. It (problem) basically is connected with existing system of the public procurements which are carried out on earlier operating FederalYOnomu to law № 94 [333], and since 2014 -
№ 44-FZ [334]. According to item 4 of item 28 of the Federal act № 94 basic criterion of an estimation of the demand was the low price. This position proves to be true departmental documents. So, according to the Order of Fund social strayohovanija the Russian Federation [335] price criterion is the core. The demand with the least price of a product of similar quality is considered won. As a matter of fact immoral javljayoetsja item 1.3 of the given order according to which each time when it was a question about mnoyogofunktsionalnom, atypical, expensive prosthetics, was required acknowledgement of its expediency as such prosthetics not sootyovetstvovalo to the purposes of a rational and effective expenditure of means fedeyoralnogo the budget. Thus, the remote consequences of disapproval tayokogo prosthetics could become infringement of the rights of invalids on formation, work, an obstacle in a way to their integration into a society. The logic prompts, that under the low price to get products of high quality is problematic. But soyoglasno item 1 of item 32 of already mentioned new Federal act which has become effective since January, 1st, 2014, among criteria of an estimation of demands of participants on the first place still costs the price.

Owing to that on system of public procurements is got reabiyolitatsionnaja technics not always the high quality, some invalids predpoyochitajut to buy rehabilitation means independently. Here again there is a next problem. The matter is that for the considered historical period it was replaced three decisions, defining a maintenance order invayolidov by rehabilitation means, artificial limbs and proteznoyoortopedicheskimi products. By the rules operating in
2005 [336], to the invalids who have independently provided technical sredyostvami rehabilitation, artificial limbs, protezno-orthopedic products for sobyostvennyj the account, was paid indemnification at a rate of actually suffered expenses, but no more than cost of a mean of rehabilitation, an artificial limb, a protezno-orthopedic product which should be given the invalid under the individual program of rehabilitation. Identical norm soyoderzhalas in the Governmental order of the Russian Federation № 877 [337]. In Decision PraYOvitelstva the Russian Federation № 240 [338] norm sounded as follows (in an initial variant): "... Indemnification at a rate of cost of a mean of rehabilitation (product) which should be given inyovalidu is paid. According to the individual program of rehabilitation (zakljucheyoniem)". Proceeding from the resulted norms, the invalid had the right to 100 % indemnification of expenses.

However in February, 2011 the Federal act № 351 [339] has become effective, koyotoryj including has cancelled 100 % indemnification of expenses to invalids for samostojayotelno the got means of rehabilitation. According to the given law respective alterations have been brought in Order MinYOzdravsotsrazvitija the Russian Federation [340] regulating an order of payment of indemnifications, in
The governmental order of the Russian Federation № 240. Remains not clear as could pojavityosja such law in the country which for that moment has developed and "the Accessible environment" on 2011 - was going to instal 2015 the Government program, podyopisala the Convention of the United Nations on the rights of invalids and prepared for its ratification. Norms of the given law not to the full correspond to principles of rehabilitation which opens to the invalid a way to formation, to employment, integration into a society.

Thus, a legal position of the state not to the full sootvetyostvuet to interests of invalids. According to the author, there are some variants of an exit from the developed situation.

1. Deducing of means of rehabilitation from under action FedeYOralnogo of the law № 44. In this case it is necessary to develop and introduce system of rehabilitation certificates which would allow the invalid samostojatelyono to choose the supplier of means of rehabilitation. It is necessary sovyomestno with Federal antimonopoly service, Fund social strahoyovanija the Russian Federation, enforcement authorities of subjects of the Russian Federation (at presence soglasheyonija about a delegation of power on realisation of measures of social protection), with obshcheyostvennymi the organisations of invalids to develop model of the rehabilitation certificate which will consider individual requirements of the invalid. Such variant approaches the invalids who do not have available assets and, sootvetyostvenno, possibilities to get rehabilitation means, artificial limbs, protezno-orthopedic products on own account. At the same time the certificate assumes instructions of the fixed sum for which the invalid should get them. In this case again there can be actual a question on quality of means of the rehabilitation got in such a way.

2. Modification of laws, the subordinate legislation, vedomstvenyonye the documents establishing the right of invalids on indemnification of expenses for means independently got on own account reabiyo is possible
litatsii, artificial limbs, protezno-orthopedic products in the one-and-a-half size of the price for which the Fund of social insurance gets them. Such variant podhoyodit to the invalids having available assets and, accordingly, possibility to get rehabilitation means, artificial limbs, proteznoyoortopedicheskie products on own account.

It is necessary to stop on terms of using means reayobilitatsii, artificial limbs, protezno-orthopedic products. The matter is that for the considered historical period (10 years) 4 orders, reglamentiyorujushchih this question were replaced. And if introduction in action of Order Minzdravsotsrazvitija the Russian Federation from October, 17th, 2005 № 638 [341] is caused by introduction in action FederalnoYOgo of the list of rehabilitation actions, means of rehabilitation, rehabilitation services from October, 21st, 2004, and Order Minzdravsotsrazvitija the Russian Federation № 282 from April, 12th, 2006 [342] - the new Federal list from December, 30th, 2005 necessity of the edition of the Order № 321 from May, 7th, 2007 [343] causes questions. The problem essence consists in the following: operating earlier maximum terms of using rehabilitation means, artificial limbs, protezno-orthopedic products were prevrashcheyony in minimum by addition in definition of terms of a word-combination "not less". Thus the maximum terms of using in the order were not ustanovleyony. The given questions should dare in an individual order, that otyokryvalo ample opportunities for an arbitrariness of officials. Containing in PriYOkaze positions, in times increasing terms of using absorbing belyoem and pampers and by that considerably worsening health of invalids, in
The same year have been cancelled by the Decision of the Supreme Court of the Russian Federation [344]. Thanking drugoyomu to the Decision of the Supreme Court of the Russian Federation [345] in the order was vozrashcheno position about maintenance of the invalids, suffering certain diseases, a protective cream.

According to the author, occurrence of such order has been caused by growth of number of invalids, increase in quantity of means of the rehabilitation which are given out under one statement, submitted on the basis of the individual program of rehabilitation, chronic underfinancing of sphere reabilitayotsii invalids. Introduction in action of the given order considerably worsened poyolozhenie a considered category of citizens and did not provide even that level of protection of their rights which was possible to reach by 2007

In the end of December, 2011 there was the next Order Minzdravsotsrazvitija the Russian Federation regulating "using terms" [346]. Advantage of the given order in comparison with previous is the concrete definition of means reabiyolitatsii, artificial limbs, protezno-orthopedic products. However neither this order, nor the Order which has replaced it subsequently of Ministry of Labor from May, 24th, 2013 [347] have not changed
The approach to definition of terms of using which remained former that mismatches interests of the given category of the population.

Proceeding from the above-stated, the author considers necessary to bring in the Order of the Ministry of Labour and Social Protection of the Russian Federation from May, 24th, 2013 № 214н changes in a part of terms of using means reabiyolitatsii, artificial limbs, protezno-orthopedic products, having transformed them from miyonimalnyh in maximum by an exception of definition of terms slovosocheyotanija "not less". These changes will correspond to the full effektivyonoj to rehabilitation of invalids and their integration into a society.

It is necessary to pay attention to one more problem existing in sfeyore of maintenance of invalids by means of rehabilitation, artificial limbs, protezno-orthopedic products. According to Federal act item 11.1 "About social protection of invalids in the Russian Federation" the decision on maintenance of invalids with the above-stated means is accepted on the basis of medical indications to which usually carry proof frustration funkyotsy an organism, caused by diseases or traumas. Long time such peyorechen simply was absent. The long-awaited Order which has appeared in February, 2013 of the Ministry of Labour and Social Protection of the Russian Federation [348] (has become invalid), met this legal lack, has caused bewilderment and indignation among invalids as some contra-indications are direct indications. podtverzhdeyoniem that is served by the examples resulted more low.

1. "A support in a bed rope" and "the Support in a bed metal" "Contra-indications":

Relative medical contra-indications:

The expressed infringements statodinamicheskih functions of the top finitenesses

According to invalids, so-called "the Balkan frames", or loops, are used by invalids with various traumas of a cervical department of a backbone
Just because the brush does not work. They rise from a bed, peresazhivayojutsja in an armchair-carriage, having grasped "the Balkan frames"/loops an elbow joint.

2. "The armchair-carriage of active type, including for children-invalids" "Contra-indications":

Relative medical contra-indications:

Absence or considerable restriction of movement by both top konechyonostej

According to invalids, an active carriage as the means of transportation are necessity as for people with full absence of movements in ruyokah, and for invalids with incomplete loss of mobility: the last specially choose a carriage of active type owing to its small dimensions, weight, manevyorennosti to have possibility slowly, but is independent pereyodvigatsja. Specificity of diseases and traumas is that, that in a carriage with the big weight independently to move it is impossible. In case of dependence invayolida accompanying to carry it in an armchair-carriage aktivyonogo type is much easier, than in walking and house (on operating classification), koyotorye differ in the big weight (dimensions) and smaller manoeuvrability.

Besides, the insignificant weight of a carriage of active type allows samoyostojatelno to be engaged in trainings, supporting itself in some physical form. There are sports kinds in which invalids with traumas cervical otdeyola a backbone take part on carriages of active type owing to their advantage in mobility.

3. "The armchair-carriage with the electric drive, including for children-invalids" (all classifications)

"Contra-indications":

Relative medical contra-indications:

- Moderately expressed, expressed or considerably expressed naruyoshenija a statics and coordination of movements (hyperkinetic, atakticheskie infringements);

- Full absence of movements in the top finitenesses and the top half of trunk.

According to invalids, the carriage with the electric drive, equipped doyopolnitelnymi adaptations, is unique possibility for independent movement of people with physical inability of these categories.

It is necessary to notice, that relative contra-indication to reception of an armchair-carriage of active type and an armchair-carriage with the electric drive are zayobolevanija urinogenital system (chronic nephritic insufficiency III, IV stages.) the given formulation supposes different interpretation. At consultation of managers of commission MSE in a private order on a question on treatment protivoyopokazanija the answer is unequivocal: at disease of urinogenital system - to give up. For overwhelming majority of invalids-koljasochnikov are available chronic zaboyolevanija urinogenital system (a cystitis, a pyelonephritis, a prostatitis and so forth). On segoyodnjashny day invalids regularly face impossibility to enter in the individual program of rehabilitation means of rehabilitation necessary for them at passage of mediko-social examination. Given formuyolirovka practically excludes possibility of reception of an active carriage and koyoljaski with the electric drive invalids-koljasochnikami.

4. "Adaptations for clothing, an undressing and capture of subjects"

"Contra-indications":

Relative medical contra-indications:

Top paraplegija

The matter is that all over the world captures are used by people with traumas of a cervical department of a backbone, with the limited mobility of brushes. SpetsialYOno for this purpose develop the mechanism that at "a weak brush" was powerful zayotsep the mechanism.

The Order of Ministry of Labor operating now from December, 9th, 2014 № 998н [349], specified indications and contra-indications, has not changed opiyosannuju above a situation.

The carried out analysis shows, that norms containing in the Order correspond to a principle of an economical expenditure of budgetary funds, but naruyoshajut a principle of rehabilitation of invalids and their integration into a society.

In connection with the above-stated it is necessary to make following changes to the Order from December, 9th, 2014 № 65н.

1. In "Contra-indication" point to adaptation reception "KresloYOkoljaska active type and the Armchair-carriage with the electric drive (all klassifikayotsy)" to exclude the formulation "Disease of urinogenital system" and to leave "Chronic nephritic insufficiency III, IV stages".

2. In "Contra-indication" point to the adaptation "the Support in a bed vereyovochnaja and the Support in a bed metal" to exclude the formulation "VyrazhenYOnye infringements statodinamicheskih functions of the top finitenesses".

3. In "Contra-indication" point to the adaptation "the Armchair-carriage aktivyonogo type and the armchair-carriage with the electric drive" to exclude formulations:

"Moderately expressed, expressed or considerably expressed infringements of a statics and coordination of movements (hyperkinetic, atakticheskie infringements)";

"Full absence of movements in the top finitenesses and the top half of trunk".

4. In "Contra-indication" point to aspect "Adaptations for clothing, an undressing and capture of subjects" to exclude the formulation "Top paraplegija".

Thus, legal regulation of the relations connected with obespecheyoniem of invalids by means of rehabilitation, has certain lacks and not to the full answers a principle of effective rehabilitation. It is necessary to bring respective alterations in federal acts, certificates
The governments of the Russian Federation, departmental documents of the profile ministries with a view of perfection of the mechanism of maintenance of invalids by rehabilitation means. Otherwise early the allocated purpose modern rossijyoskoj the Policy of Law concerning invalids - their integration into a society - will appear under the threat.

The analysis of the priority directions of the Policy of Law of Russia most essential from the point of view of the author concerning invalids has shown, that dayozhe at the present stage there are many problems which invalids face and which else it is necessary to solve to the legislator.

<< | >>
A source: Albeeva Anastasia Jurevna. the POLICY OF LAW Concerning INVALIDS In the SOVIET And POST-SOVIET Russia (ISTORIKO-LEGAL RESEARCH). The dissertation on competition of a scientific degree of the master of laws. Samara – 2017. 2017

More on topic Priorities of the Policy of Law of the Russian Federation concerning invalids at the present stage:

  1. Principles, the purposes, means of the Policy of Law of the Russian Federation concerning invalids
  2. Features of realisation of the Policy of Law of the Russian Federation concerning invalids
  3. Formation of the Policy of Law of the Russian Federation concerning invalids in 1991 - 2004
  4. THE POLICY OF LAW OF THE RUSSIAN FEDERATION CONCERNING INVALIDS: THE MODERN CONDITION AND DEVELOPMENT PROSPECTS
  5. the Chapter IV. The PURPOSES, PRIORITIES And MEANS MODERN RUSSIAN INTERPRETATSIONNOJ FORMS of REALIZATION of the POLICY OF LAW
  6. the analysis of investment process in the Russian Federation at the present stage.
  7. § 2. Functions of the Central bank of the Russian Federation at the present stage of development of the Russian state: the basic problems of an establishment and realisation
  8. § 2. Functions of Central bank of the Russian Federation at the present stage of development of the Russian state: the basic problems of an establishment and realisation
  9. 5.3. The Present stage of cultural cooperation between Republic Kalmykia (Russian Federation) and Mongolia.
  10. Features and signs of the Policy of Law concerning invalids
  11. chapter 3. Mechanisms of perfection of the legislation on a labour safety in the Russian Federation and the USA at the present stage
  12. Formation of the Policy of Law of the Soviet state concerning invalids in 1940 - 1970th HH century