Law of November 24, 1995 No. 181 Federal Law. Legislative framework of the Russian Federation

Disabled people employed in organizations, regardless of organizational, legal forms and forms of ownership, are created the necessary conditions labor in accordance with the individual rehabilitation or habilitation program for a disabled person.

It is not allowed to establish in collective or individual labor contracts working conditions for disabled people (wages, working hours and rest periods, duration of annual and additional paid leave, etc.) that worsen the situation of disabled people in comparison with other employees.

For disabled people of groups I and II, a reduced working time of no more than 35 hours per week is established while maintaining full pay.

Involving people with disabilities in overtime work, work on weekends and at night is allowed only with their consent and provided that such work is not prohibited for them due to health reasons.

Disabled persons are granted annual leave of at least 30 calendar days.

Judicial practice under Article 23 of the Federal Law of November 24, 1995 No. 181-FZ

Decision No. 7(2)-498/2018 of August 6, 2018 in case No. 7(2)-498/2018

Belgorodsky regional court(Belgorod region) - Administrative offenses

Remuneration and financial incentives. Similar violations allowed in relation to other employees of the company. In violation of Art. 115 of the Labor Code of the Russian Federation and Part 5 of Art. 23 Federal Law "On social protection disabled people in the Russian Federation" disabled person FULL NAME11 was granted paid leave of less than 30 calendar days. Similar violations were committed against employees FULL NAME12, FULL NAME13 The violations revealed were...

Decision No. 12-167/2018 of July 5, 2018 in case No. 12-167/2018

Others are the working hours and rest hours (if for a given employee it differs from general rules, operating with this employer). In accordance with Art. 23 of the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation”, disabled people employed in organizations, regardless of organizational and legal forms and forms of ownership, ...

Decision No. 12-165/2018 of July 5, 2018 in case No. 12-165/2018

Zadneprovsky district court of Smolensk (Smolensk region) - Administrative offenses

The regime of working time and rest time is different (if for a given employee it differs from the general rules in force for a given employer). In accordance with Art. 23 of the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation”, disabled people employed in organizations, regardless of organizational and legal forms and forms of ownership, ...

Decision No. 2-1821/2018 2-1821/2018~M-1707/2018 M-1707/2018 dated July 5, 2018 in case No. 2-1821/2018

Novy Urengoy City Court (Yamalo-Nenets Autonomous Okrug) - Civil and administrative

Inter RAO – Electric Power Plants" on debt collection wages, compensation moral damage and legal costs, ESTABLISHED: The plaintiff filed the above-mentioned claim, indicating that 23. 06.2010 between the parties was concluded employment contract No. 524. 04/09/2018 an Agreement on termination was signed between the parties labor relations. The plaintiff was paid severance pay. ...

Decision No. 2-1543/2017 2-30/2018 2-30/2018 (2-1543/2017;) ~ M-823/2017 M-823/2017 dated June 26, 2018 in case No. 2-1543/2017

Leninsky District Court of Cheboksary (Chuvash Republic) - Civil and administrative

54 t.2). Based on the results of an additional investigation, the chief labor inspector (labor safety) date drew up a conclusion on a minor accident (case file 11-23 v.2). In conclusion, the state labor inspector concluded that the accident with G.L. Ivanov. occurred during a work break date. about 10...

Decision No. 12-193/2018 of June 22, 2018 in case No. 12-193/2018

Sverdlovsk District Court of Belgorod (Belgorod Region) - Administrative offenses

Remuneration and financial incentives. Similar violations were committed against other employees of the company. In violation of Art. 115 of the Labor Code of the Russian Federation and Part 5 of Art. 23 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation,” disabled person B. is granted paid leave of less than 30 calendar days. Similar violations were committed against employees V., M.. The violations revealed were...

Decision No. 12-34/2018 of June 7, 2018 in case No. 12-34/2018

Kezsky District Court (Udmurt Republic) - Administrative offenses

Paid leave of more than 28 calendar days (extended main leave) is provided to employees in accordance with the Labor Code of the Russian Federation and other federal laws. In accordance with Art. 23 of the Federal Law of November 24, 1995 N 181-FZ “On the social protection of disabled people in the Russian Federation,” disabled people are granted annual leave of at least 30 calendar days. Yes, in...

1) conditions for unhindered access to social, engineering and transport infrastructure facilities (residential, public and industrial buildings, structures and structures, including those in which physical education and sports organizations, cultural organizations and other organizations are located), to places of recreation and to the services provided services in them;

Judicial practice under Article 15 of the Federal Law of November 24, 1995 No. 181-FZ

Decision of November 6, 2018 in case No. A33-18345/2018

Any copyright holder of a building, structure, premises in a building, structure may apply to the authority; 3) making a decision on preliminary approval of the provision land plot in the manner established by Article 39. 15 of this Code, in the event that a land plot is to be formed or the boundaries of the land plot are subject to clarification in accordance with the Federal Law “On State Registration of Real Estate”; 4) providing interested...

Decision of October 9, 2018 in case No. A33-10924/2018

Arbitration Court of the Krasnoyarsk Territory (AC of the Krasnoyarsk Territory)

1022402655758) to the Office of the Federal Antimonopoly Service for the Krasnoyarsk Territory (TIN 2466009115, OGRN 1022402675965) to challenge the decision and order dated 04/05/2018 in case No. 157-15-17, involving as a third party who does not make independent claims regarding the subject of the dispute a Municipal state institution of the city of Krasnoyarsk “Department of Roads, Infrastructure and Improvement”, with the involvement of third parties...

Decision of October 8, 2018 in case No. A33-29477/2017

Arbitration Court of the Krasnoyarsk Territory (AC of the Krasnoyarsk Territory)

11.2012 No. 595, at the address: Krasnoyarsk, st. Academician Vavilova, 98, placed on the basis of agreement dated 07/03/2013 No. A/7202, expressed in response dated 15. 08.2017 No. A-5341-sk, the municipal government agency of the city of Krasnoyarsk “Management...

Decision No. 2A-271/2018 2A-271/2018~M-255/2018 M-255/2018 dated September 27, 2018 in case No. 2A-271/2018

Decision No. 2A-273/2018 2A-273/2018~M-257/2018 M-257/2018 dated September 27, 2018 in case No. 2A-273/2018

Pavlogradsky District Court (Omsk Region) - Civil and administrative

Citizens of the implementation by disabled people of their rights and legitimate interests in the territory of the relevant municipalities. In particular, by virtue of paragraphs. 5 and 6 hours 1 tbsp. 15 of the Federal Law of November 24, 1995 No. 181-FZ “On Social Protection of Disabled Persons in the Russian Federation”, federal authorities state power, state authorities of the constituent entities of the Russian Federation, local authorities...

Decision No. 2A-272/2018 2A-272/2018~M-256/2018 M-256/2018 dated September 27, 2018 in case No. 2A-272/2018

Pavlogradsky District Court (Omsk Region) - Civil and administrative

Citizens with disabilities realize their rights and legitimate interests on the territory of the relevant municipalities. In particular, by virtue of paragraphs. 5 and 6 hours 1 tbsp. 15 of the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation”, federal government bodies, government bodies of the constituent entities of the Russian Federation, local authorities...

Decision No. 2A-274/2018 2A-274/2018~M-258/2018 M-258/2018 dated September 27, 2018 in case No. 2A-274/2018

Pavlogradsky District Court (Omsk Region) - Civil and administrative

Decision No. 2A-276/2018 2A-276/2018~M-260/2018 M-260/2018 dated September 27, 2018 in case No. 2A-276/2018

Pavlogradsky District Court (Omsk Region) - Civil and administrative

... of the persons who appeared at the court hearing, having assessed the evidence presented in its entirety, the court considers the prosecutor’s demands to be satisfied on the following grounds: In accordance with Part 2 of Art. 15 of the Constitution of the Russian Federation, state authorities, local governments, officials, citizens and their associations are obliged to comply with the Constitution of the Russian Federation and laws. Article 43 of the Constitution of the Russian Federation...

Disabled people and families with disabled children in need of improved housing conditions are registered and provided with living quarters in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Providing, at the expense of federal budget funds, housing for disabled people and families with disabled children in need of improved housing conditions, registered before January 1, 2005, is carried out in accordance with the provisions of Article 28.2 of this Federal Law.

Disabled people and families with disabled children in need of improved housing conditions, registered after January 1, 2005, are provided with living quarters in accordance with the housing legislation of the Russian Federation.

Determination of the procedure for providing residential premises (under contract social hiring or into ownership) for citizens in need of improved housing conditions who registered before January 1, 2005, is established by the legislation of the constituent entities of the Russian Federation.

Residential premises are provided to disabled people and families with disabled children, taking into account their state of health and other circumstances worthy of attention.

Disabled people may be provided with residential premises under a social tenancy agreement with a total area exceeding the norm for provision per person (but not more than twice), provided that they suffer from severe forms chronic diseases, provided for in the list established by the federal executive body authorized by the Government of the Russian Federation.

Payment for residential premises (fee for social rent, as well as for the maintenance and repair of residential premises) provided to a disabled person under a social rental agreement in excess of the norm for the provision of residential premises area is determined based on the occupied total area of residential premises in a single amount, taking into account the benefits provided.

Residential premises occupied by disabled people are equipped by special means and adaptations in accordance with the individual rehabilitation or habilitation program for a disabled person.

Disabled people living in organizations social services providing social services in a stationary form, and those wishing to receive residential premises under a social tenancy agreement, are subject to registration for improvement of living conditions, regardless of the size of the occupied area and are provided with residential premises on an equal basis with other disabled people.

Disabled children living in social service organizations that provide social services in a stationary form and who are orphans or left without parental care, upon reaching the age of 18 years, are subject to being provided with residential premises out of turn, if the individual rehabilitation or habilitation program for a disabled person provides for the opportunity to carry out self-care and lead him an independent life.

Residential premises of a state or municipal housing stock occupied by a disabled person under a social tenancy agreement, when the disabled person is placed in a social service organization that provides social services in a stationary form, is retained by him for six months.

Specially equipped residential premises of the state or municipal housing stock, occupied by disabled people under a social tenancy agreement, upon their vacancy, are occupied primarily by other disabled people in need of improved housing conditions.

Disabled people and families with disabled children are provided with compensation for expenses for living quarters and utilities at 50 percent:

Payments for rent and fees for the maintenance of residential premises, including fees for services, work on managing an apartment building, for the maintenance and current repairs of common property in an apartment building, based on the occupied total area of residential premises of state and municipal housing funds;

Fees for cold water, hot water, electrical energy consumed during the maintenance of common property in an apartment building, as well as for the removal Wastewater for the purpose of maintaining common property in an apartment building, regardless of the type of housing stock;

Payments for utilities, calculated based on the volume of consumed utilities, determined by meter readings, but not more than consumption standards approved in established by law Russian Federation is ok. In the absence of the specified metering devices, fees for utility services are calculated based on standards for the consumption of utility services, approved in accordance with the procedure established by the legislation of the Russian Federation;

Payment of the cost of fuel purchased within the limits established for sale to the public, and transport services for the delivery of this fuel - when living in houses that do not have central heating.

Disabled people of groups I and II, disabled children, citizens with disabled children are provided with compensation for the costs of paying a contribution for major repairs of common property in an apartment building, but not more than 50 percent of the specified contribution, calculated based on minimum size contribution for major repairs per one square meter of total living space per month, established by the regulatory legal act subject of the Russian Federation, and the size of the regional standard for the standard area of residential premises used to calculate subsidies for the payment of residential premises and utilities.

Measures social support for payment of utility services are provided to persons living in residential premises, regardless of the type of housing stock, and do not apply to cases established by the Government of the Russian Federation of applying increasing coefficients to standards for the consumption of utility services.

Disabled people and families that include disabled people are given the right to priority receipt of land plots for individual housing construction, farming and gardening.

Judicial practice under Article 17 of the Federal Law of November 24, 1995 No. 181-FZ

Determination of March 22, 2019 in case No. A46-25489/2017

26.3 of the Federal Law of October 6, 1999 No. 184-FZ “On general principles organizations of legislative (representative) and executive bodies state power of the constituent entities of the Russian Federation", Article 17 of the Federal Law of November 24, 1995 No. 181-FZ "On the social protection of disabled people in the Russian Federation", Articles 14, 50, 55, 60, 61 of the Federal Law of October 6, 2003 No. ...

Determination of March 22, 2019 in case No. A46-25198/2017

Supreme Court of the Russian Federation

M.K., having studied the cassation appeal of the Ministry of Finance of the Omsk Region against the decision of the Arbitration Court of the Omsk Region dated May 24, 2018, the resolution of the Eighth Arbitration Court of Appeal dated 17. 08.2018 and the resolution of the Arbitration Court of the West Siberian District dated November 30, 2018 in case No. A46-25198/2017 on the claim of the administration of the city of Omsk (hereinafter referred to as the plaintiff, the administration) to...

Determination of March 13, 2019 in case No. A02-253/2018

Supreme Court of the Russian Federation

Determination of March 13, 2019 in case No. A02-627/2018

Supreme Court of the Russian Federation

Altai (hereinafter also referred to as the Ministry) on the decision of the Arbitration Court of the Altai Republic dated June 28, 2018 in case No. A02-627/2018, resolution of the Seventh Arbitration Court of Appeal dated 17. 09.2018 and the resolution of the Arbitration Court of the West Siberian District dated 01.16.2019 in the same case on the claim of the executive and administrative body of local government of the Administration of the city of Gorno-...

Determination of February 25, 2019 in case No. A46-25197/2017

Supreme Court of the Russian Federation

26.3 of the Federal Law of October 16, 1999 No. 184-FZ “On the general principles of the organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation”, Article 17 of the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation ", Articles 14, 50 of the Federal Law of October 6, 2003 No. 131-FZ "On...

Determination of February 25, 2019 in case No. A46-25195/2017

Supreme Court of the Russian Federation - Civil

The essence of the dispute: the recovery of damages from the funds respectively. budget related to sales. laws on provision benefits for certain categories of citizens