Law of November 24, 1995 n 181 fz. Legislative base of the Russian Federation
Persons with disabilities employed in organizations, regardless of organizational and legal forms and forms of ownership, are created the necessary conditions labor in accordance with the individual program of rehabilitation or habilitation of a disabled person.
It is not allowed to establish in collective or individual labor contracts the working conditions of disabled people (remuneration, working hours and rest time, the duration of annual and additional paid holidays, etc.), which worsen the situation of disabled people in comparison with other workers.
For disabled people of groups I and II, a reduced working time of no more than 35 hours per week is established with full pay.
Engagement of people with disabilities overtime work, work on weekends and at night is allowed only with their consent and provided that such work is not prohibited to them for health reasons.
Persons with disabilities 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
Belgorod regional court(Belgorod region) - Administrative offenses
Payroll and material 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 FZ "On social protection disabled people in the Russian Federation" disabled FULL NAME11 granted paid leave less than 30 calendar days. Similar violations were committed against workers FULL NAME12, FULL NAME13 The identified violations were ...
Decision No. 12-167/2018 dated July 5, 2018 in case No. 12-167/2018
Others are the mode of working time and rest time (if for a given employee from differs from general rules operating for this employer). In accordance with Art. 23 of the Federal Law of November 24, 1995 No. 181-FZ "On the Social Protection of the Disabled in the Russian Federation" to disabled people employed in organizations, regardless of organizational and legal forms and forms of ownership, ...
Decision No. 12-165/2018 dated July 5, 2018 in case No. 12-165/2018
Zadneprovsky district court of Smolensk (Smolensk region) - Administrative offenses
Others are the regime of working hours and rest time (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 the Disabled in the Russian Federation" to 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 the recovery of debt on wages, compensation moral damage and court costs, ESTABLISHED: The plaintiff went to court with the above claim, indicating that 23 . On 06.2010 the parties concluded employment contract No. 524. On April 9, 2018, the parties signed an Agreement to terminate labor relations. 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 v.2). Based on the results of an additional investigation, the chief labor inspector (on labor protection) dated a conclusion on a minor accident (case sheet 11-23 v.2). In conclusion, the state labor inspector came to the conclusion that the accident with Ivanov G.L. occurred during business break date. around 10...
Decision No. 12-193/2018 dated June 22, 2018 in case No. 12-193/2018
Sverdlovsky district court of Belgorod (Belgorod region) - Administrative offenses
Wages and financial incentives. Similar violations were committed 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 of the Federal Law “On the Social Protection of the Disabled in the Russian Federation”, disabled B. was granted paid leave of less than 30 calendar days. Similar violations were committed against workers V., M.. The violations identified were ...
Decision No. 12-34/2018 dated June 7, 2018 in case No. 12-34/2018
Kezsky District Court (Udmurt Republic) - Administrative offenses
Paid leave lasting more than 28 calendar days (extended basic 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 the Disabled in the Russian Federation", disabled persons are granted annual leave of at least 30 calendar days. Yes, in...
1) conditions for unhindered access to objects of social, engineering and transport infrastructure (residential, public and industrial buildings, structures and structures, including those in which physical culture and sports organizations, cultural organizations and other organizations are located), to places of recreation and to provided services in them;
Judicial practice under article 15 of the Federal Law of November 24, 1995 No. 181-FZ
- ... persons who appeared at the hearing, after evaluating the evidence presented in the aggregate, the court considers the prosecutor's requirements 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 self-government bodies, 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...
Judgment dated November 6, 2018 in case No. А33-18345/2018
Any right holder of a building, structure, premises in a building, structure can apply to the body; 3) making a decision on the preliminary approval of the provision land plot in the manner prescribed by Article 39. 15 of this Code, if the 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...
Judgment dated October 9, 2018 in case No. А33-10924/2018
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 of 04/05/2018 in case No. 157-15-17, involving as a third party who does not declare independent claims regarding the subject of the dispute a Municipal of the state institution of the city of Krasnoyarsk "Department of Roads, Infrastructure and Improvement", with the involvement of third parties ...
Decision dated October 8, 2018 in case No. А33-29477/2017
Arbitration Court of the Krasnoyarsk Territory (AC of the Krasnoyarsk Territory)
11.2012 No. 595, at the address: Krasnoyarsk, st. Academician Vavilov, 98, placed on the basis of the contract dated 03.07.2013 No. A / 7202, expressed in the answer of 15 . 08.2017 No. A-5341-sk, the municipal state institution 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 p.p. 5 and 6 h. 1 tbsp. 15 of the Federal Law No. 181-FZ of November 24, 1995 "On the Social Protection of the Disabled in the Russian Federation", federal authorities state power, state authorities of the constituent entities of the Russian Federation, local ...
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 of the implementation by disabled people of their rights and legitimate interests in the territory of the relevant municipalities. In particular, by virtue of p.p. 5 and 6 h. 1 tbsp. 15 of the Federal Law of November 24, 1995 No. 181-FZ “On the Social Protection of Disabled Persons in the Russian Federation”, federal government bodies, government bodies of the constituent entities of the Russian Federation, local ...
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
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 p.p. 5 and 6 h. 1 tbsp. 15 of the Federal Law of November 24, 1995 No. 181-FZ “On the Social Protection of Disabled Persons in the Russian Federation”, federal government bodies, government bodies of the constituent entities of the Russian Federation, local ...
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
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 p.p. 5 and 6 h. 1 tbsp. 15 of the Federal Law of November 24, 1995 No. 181-FZ “On the Social Protection of Disabled Persons in the Russian Federation”, federal government bodies, government bodies of the constituent entities of the Russian Federation, local ...
Disabled persons and families with disabled children who need to improve their living 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.
The provision of housing at the expense of the federal budget to disabled people and families with disabled children in need of better housing conditions, registered before January 1, 2005, is carried out in accordance with the provisions of Article 28.2 of this Federal Law.
Disabled persons and families with disabled children who are in need of better housing conditions and registered after January 1, 2005 are provided with housing in accordance with the housing legislation of the Russian Federation.
Determining the procedure for providing residential premises (under the contract social recruitment or in property) to citizens in need of better housing conditions, registered before January 1, 2005, is established by the legislation of the constituent entities of the Russian Federation.
Living quarters are provided to the disabled, families with disabled children, taking into account the state of health and other circumstances worthy of attention.
Disabled persons may be provided with housing under a social tenancy agreement with a total area exceeding the provision rate per person (but not more than twice), provided that they suffer from severe forms chronic diseases provided by the list established by the federal executive body authorized by the Government of the Russian Federation.
The payment for a dwelling (payment for social rent, as well as for the maintenance and repair of a dwelling) provided to a disabled person under a social tenancy agreement in excess of the norm for providing the area of dwellings, is determined based on the occupied total area of the dwelling in a single amount, taking into account the benefits provided.
Residential premises occupied by the disabled are equipped by special means and devices in accordance with the individual program of rehabilitation or habilitation of a disabled person.
Disabled people living in organizations social services providing social services in a stationary form, and those who wish to receive housing under a social tenancy agreement, are subject to registration for the improvement of living conditions, regardless of the size of the occupied area and are provided with housing 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, are subject to provision with living quarters out of turn, if the individual rehabilitation or habilitation program of a disabled person provides for the possibility of self-service and lead him an independent life.
The residential premises of the state or municipal housing stock occupied by a disabled person under a social contract of employment, when a disabled person is placed in a social service organization providing social services in a stationary form, shall be retained by him for six months.
Specially equipped living quarters of the state or municipal housing stock, occupied by disabled people under a social contract of employment, upon their release, are populated first of all by other disabled people who need to improve their living conditions.
Disabled people and families with disabled children are provided with compensation for the cost of paying for housing and utilities in the amount of 50 percent:
Payments for rent and payment for the maintenance of residential premises, including payment for services, work on the management of an apartment building, for the maintenance and current repairs of common property in an apartment building, based on the total area occupied by residential premises of state and municipal housing funds;
Fees for cold water, hot water, electrical energy consumed in the maintenance of common property in an apartment building, as well as for the disposal Wastewater for the purpose of maintaining common property in an apartment building, regardless of the type of housing stock;
Payment for utilities, calculated on the basis of the volume of consumed utilities, determined by the readings of metering devices, but not more than the consumption standards approved in established by law Russian Federation is fine. In the absence of the indicated metering devices, the payment for utilities is calculated based on the standards for the consumption of utilities approved in the manner prescribed by the legislation of the Russian Federation;
Payment of the cost of fuel purchased within the limits established for sale to the population, 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 payment of a contribution for the overhaul of common property in an apartment building, but not more than 50 percent of the specified contribution, calculated on the basis of minimum size contribution for major repairs per square meter of the total area of the dwelling per month, established by the regulatory legal act subject of the Russian Federation, and the size of the regional standard of the normative area of the dwelling used to calculate subsidies for the payment of dwellings 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 the cases established by the Government of the Russian Federation of applying increasing coefficients to the standards for the consumption of utility services.
Disabled people and families with disabled people are given the right to receive land plots in priority for individual housing construction, farming and gardening.
Judicial practice under article 17 of the Federal Law of November 24, 1995 No. 181-FZ
Ruling dated March 22, 2019 in case No. А46-25489/2017
26.3 of the Federal Law of October 6, 1999 No. 184-FZ "On general principles organizations of legislative (representative) and executive bodies State Authorities of the Subjects of the Russian Federation”, Article 17 of the Federal Law of November 24, 1995 No. 181-FZ “On the Social Protection of Disabled Persons in the Russian Federation”, Articles 14, 50, 55, 60, 61 of the Federal Law of October 6, 2003 No. ...
Ruling dated March 22, 2019 in case No. А46-25198/2017
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 decision of the Eighth Arbitration Court of Appeal dated 17 . 08.2018 and the decision of the Arbitration Court of the West Siberian District dated 11/30/2018 in case No. A46-25198 / 2017 on the claim of the administration of the city of Omsk (hereinafter referred to as the plaintiff, administration) to ...
Ruling dated March 13, 2019 in case No. А02-253/2018
Supreme Court of the Russian Federation
Ruling dated March 13, 2019 in case No. А02-627/2018
Supreme Court of the Russian Federation
Altai (hereinafter also referred to as the Ministry) to the decision of the Arbitration Court of the Republic of Altai dated 06/28/2018 in case No. A02-627/2018, decision of the Seventh Arbitration Court of Appeal dated 17 . 09.2018 and the decision of the Arbitration Court of the West Siberian District of 16.01.2019 in the same case at the suit of the executive and administrative body of local self-government of the Administration of the city of Gorno-...
Ruling dated February 25, 2019 in case No. А46-25197/2017
Supreme Court of the Russian Federation
26.3 of the Federal Law of October 16, 1999 No. 184-FZ "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation", Article 17 of the Federal Law of November 24, 1995 No. 181-FZ "On the Social Protection of Disabled Persons in the Russian Federation ", Articles 14, 50 of the Federal Law of October 6, 2003 No. 131-FZ "On ...
Ruling dated February 25, 2019 in case No. А46-25195/2017
Supreme Court of the Russian Federation - Civil
The essence of the dispute: on the recovery of damages from the funds acc. budget, connected with the realizats. grant laws. benefits for certain categories of citizens
26.3 of the Federal Law of 10/16/1999 No. 184-FZ "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation", Article 17 of the Federal Law of 11/24/1995 No. 181-FZ "On the Social Protection of Disabled Persons in the Russian Federation ", Articles 14, 50 of the Federal Law of October 6, 2003 No. 131-FZ "On ...
