Who is granted

• Disabled war.
• To participants of the Great Patriotic War.
• Veterans of the fighting.
• Persons awarded the sign "Resident of besieged Leningrad."
• Persons who worked during the Great Patriotic War at air defense facilities, local air defense, at the construction of fortifications, military naval bases, airfields and other military facilities within the rear borders of operating fronts, operational zones of operational fleets, highwaysas well as members of the crews of transport fleet vessels interned at the beginning of World War II in the ports of other states.
• To the families of the dead (deceased) war invalids, participants of the Great Patriotic War and combat veterans, members of the families of personnel from the self-defense groups of target and emergency teams of the local anti-aircraft defense as well as family members of the dead employees of hospitals and hospitals of the city Leningrad.
• Disabled.
• Disabled children.
• Persons exposed to radiation due to the catastrophe at the Chernobyl nuclear power plant, as well as due to nuclear tests at the Semipalatinsk test site, and categories of citizens equated to them.

Free trips to sanatorium spa treatment, free travel on intercity transport to the place of treatment and back are provided no more than 1 time in a calendar year.

Citizens having Disability group I, and children with disabilities are entitled to receive under the same conditions second vouchers for spa treatment  and for free travel on the suburban railway transport, as well as by long-distance transport to the place of treatment and back for the person accompanying them.

The duration of the spa treatment  within the framework of providing citizens with a set of social services in a sanatorium-resort institution, it is 18 days, for disabled children - 21 days, and for people with disabilities with diseases and effects of spinal cord and brain injuries - from 24 to 42 days.

The order of registration

When contacting the social security authorities at the place of residence, the applicant submits the following documents:

1. Passport.
2. Medical certificate form N 070 / y-04.
3. A disability certificate or other certificate confirming the right to this benefit.
4. Certificate of the Pension Board on the right to receive sanatorium-resort treatment for the given calendar year.

Citizens can submit an application in person or through a legal representative or authorized person. The power of attorney of the representative must be executed in the manner prescribed by law Russian Federation.

The fact and date of receipt of the application with all the necessary documents are confirmed by a receipt-notification issued to the applicant.

Reception of documents for this service is carried out in MFC.

The procedure for granting

• Vouchers for sanatorium-resort treatment are issued taking into account the order of the applicant in the Register and the medical profile recommended by the medical certificate of form N 070 / у-04 of the disease profile, season and place of treatment.
• A voucher for a spa treatment is issued to the applicant in a completed form. On the issued voucher for sanatorium-resort treatment, a mandatory note is made: “Paid at the expense of the federal budget and not subject to sale”.
• In case the applicant refuses the sanatorium voucher, he is obliged to return it to the unit that issued the voucher no later than 7 days before the commencement of its validity period.
• The provision of free travel to the place of treatment and back is carried out by reimbursing the cost of travel to the place of treatment and back or by providing special coupons for the right to receive travel documents in a long-distance train.
• Filled special coupons are issued to the citizen in two copies (for registration of travel in the forward and reverse direction).
• In case of refusal of the sanatorium voucher, the citizen is obliged to return the received special coupons no later than 7 days before the validity of the voucher.
• When a citizen travels at his own expense to the place of sanatorium-resort treatment and back, he is paid compensation for the cost of paying for travel on the suburban railway transport and on the following types of inter-city transport:
  • on railway transport (trains of all categories, including branded trains in cases where the possibility of travel to the place of treatment and back in trains of other categories is absent, cars of all categories, except for sleeping cars with two-seater compartments and luxury cars);
  • on air transport (economy class);
  • by road common use  (except taxi);
  • on water transport  (third category).
• If the documents submitted by the citizen confirm the expenses incurred to pay the fare for a higher category of travel than established, reimbursement of expenses is made on the basis of a fare certificate in the established category issued by the transport organization or its authorized agent at the date of ticket purchase. The costs of obtaining this certificate shall not be compensated.

The study of the practice of civil courts considering applications for persons with disabilities to provide this category of citizens with a social service such as sanatorium-resort treatment indicates the need for a change in legislative regulation, the author has proposed a corresponding amendment to the law.

Key words: disabled person, social service, sanatorium-resort treatment, change of legislative regulation.

Perspective to Sanatorium Treatment
   A.Yu. Gusev

Gusev Aleksey Yu., Judge of the Yaroslavl Region.

It has been shown that the author of the document will not be subject to any alter- ation.

Key words: disabled person, social service, sanatorium treatment, amending legislative regulation.

As follows from Art. 72 of the Constitution of the Russian Federation, social security is an integral part of the broader concept of "social protection". It is quite natural that both in international documents and in Russian legislation with regard to people with disabilities we are talking about social protection, since it covers all aspects of their livelihoods. This is very important because the statistics show an increase in the number of disabled people among the able-bodied population. Thus, in Russia the number of disabled people increases annually by 8 - 9%.<1>.

According to one forecast, the number of people with disabilities in Russia in 2015 was to be from 15.3 to 24.1 million people. According to other calculations, which take into account the decline in the population and the increase in the number of persons with disabilities, in 2015, 135.2 million people were supposed to live in Russia, of which 21.1 million (15.6%) are disabled citizens<2>. According to the Ministry of Labor and Social Protection of the Russian Federation, the number of persons registered and receiving a disability pension in the system of the Pension Fund of the Russian Federation in 2014 amounted to 12.55 million citizens (1.5 million people are disabled people of group I, 6.4 million people - II group, 4.2 million people - III group, 590 thousand children with disabilities)<3>.
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<1>  See: M. Vorontsova, N. Korotenko, I. Morozova Mechanisms for the rehabilitation of people with disabilities (regional experience). Taganrog, 2011. p. 5.
<2>  See: S. Puzin, L. Grishina, N. Kardakov. Disability in the Russian Federation. M., 2006. p. 8.
<3>  See: Report of the Commissioner for Human Rights in Russia for 2014 // Russian newspaper. 2015. May 6th.

Social protection of persons with disabilities is one of the important directions of state policy. In the legislation, it is presented as a system of economic, legal, and social support measures guaranteed by the state, providing conditions for disabled people to overcome disability and aimed at creating equal opportunities for other people to participate in society.
  Legal measures in the system of social protection of persons with disabilities are aimed at creating opportunities for persons with disabilities for normal life, including the realization of the right to work, to social security, to health care, provided by the Constitution of the Russian Federation to all citizens of the country. For example, ILO Convention No. 159 vocational rehabilitation and employment of people with disabilities, adopted on June 20, 1983 (art. 2-4, 8), draws attention to the need to take into account the principle of equal opportunities for people with disabilities and workers in general, including men and women women. Particular attention is paid to the organization and evaluation of the services of vocational guidance, vocational training, employment, employment.

Standard rules for ensuring equal opportunities for persons with disabilities are set out in Resolution 48/96 of the UN General Assembly of December 20, 1993. They emphasize that people with disabilities and their organizations are full partners in society.
   The founding international act in this area is the Convention on the Rights of Persons with Disabilities, adopted by the UN General Assembly on December 13, 2006.<4>. It proclaims the right of persons with disabilities to life, education, work, the most attainable level of health, access to all types of services, equality with all other citizens before the law and access to justice, etc. (Articles 5, 10, 12, 13, 23-25, 27, 28, etc.).
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<4> NW RF. 2013. N 6. Art. 468.

Federal Law of 01.12.2014 N 419-ФЗ, taking into account the ratification by Russia of this Convention, amended 25 laws.<5>.
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<5>  For details, see: Kuchma M.I. Disability issues. Are northern organizations ready to solve them in 2016 in accordance with changes in legislation // Questions of the North. 2015. N 3. P. 16 - 26.

The main Russian regulatory legal acts providing for the rights of persons with disabilities include the Labor and Housing Codes of the Russian Federation, Federal Laws: of November 24, 1995 N 181-ФЗ "On Social Protection of Disabled Persons in the Russian Federation" (hereinafter - the Disabled Persons Act)<6>, dated July 17, 1999 N 178-FZ "On State Social Assistance"<7>  (hereinafter - the Law on Social Assistance), dated January 12, 1995 N 5-ФЗ "On Veterans" (hereinafter - the Law on Veterans)<8>, of August 2, 1995 N 122-FZ "On social services for senior citizens and people with disabilities" (hereinafter - the Law on Social Services for Persons with Disabilities)<9>, dated November 21, 2011 N 323-ФЗ "On the basis of the protection of public health in the Russian Federation"<10>.
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<6>  Russian newspaper. 1995. December 2.
<7>  Russian newspaper. 1999. July 23rd.
<8>  Russian newspaper. 1995. January 25th.
<9>  Russian newspaper. 1995. August 4th.
<10>  Russian newspaper. 2011. November 23

Russian legislation provides ample opportunities to ensure the normal functioning of persons with persistent disability, but, unfortunately, it does not always determine the specific mechanism for realizing these opportunities, a number of legal norms are generally declarative in nature. The problems related to the realization of the rights of persons with disabilities were repeatedly pointed out in their annual reports by the Commissioner for Human Rights in Russia. Having failed to resolve their problems in the institutions of state power and administration, people with disabilities are forced to seek judicial protection of their rights.

An analysis of judicial practice gives grounds to assert that, in addition to the claim for medical and social expertise that establishes disability, citizens with persistent disability complain mainly about providing them with technical equipment, providing them with qualified medical care, and providing vouchers for sanatorium-resort treatment.

In accordance with Art. 9 of the Law on the Disabled, sanatorium-resort treatment is one of the main directions of rehabilitation of the disabled. The right to this social service is provided for in Art. 6.2 of the Law on Social Assistance. Judicial practice shows that in almost every district court you can find an appeal of persons with disabilities on issues related to the realization of their right to sanatorium-resort treatment.
   As an example, let us cite the decision of the Kurchatov District Court of Chelyabinsk, which was left unchanged by the Chelyabinsk Regional Court, which satisfied the claims of the prosecutor in defense of the interests of the second group disabled person who appealed to the court with a claim to the Ministry of Social Relations of the Chelyabinsk Region, public institution  "Chelyabinsk Regional Rehabilitation and Athletic Center for Disabled Persons" to declare illegal the inaction of the defendants in terms of not providing a disabled person with sanatorium-resort treatment, imposing on them the obligation to provide a voucher for 2013.

Disabled were submitted to government bodies required documents, he was put on the queue, but did not get a ticket. The court imposed on the Ministry of Social Relations of the Chelyabinsk Region the obligation to grant a permit to a disabled person, noting in his decision that the right of a disabled person to receive sanatorium-resort treatment as a means of rehabilitation cannot be made dependent on the presence or absence of other people in the relevant region. . Sanatorium-resort treatment as a means of rehabilitating a disabled person in the presence of medical indications should be provided within a calendar year without any conditions. The arguments of the defendants about the insufficiency of financing from the federal budget were not recognized by the court as justified.<11>.
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<11>  Appeal definition of the Chelyabinsk Regional Court of 06.23.2015 in case N 11-7259 / 2014.

Other courts do the same. Thus, by the decision of the Zheleznodorozhny District Court of Ryazan and the court ruling of the court of second instance<12> The rights of the disabled group of the first group to receive a sanatorium voucher for 2014 were protected. The plaintiff is a disabled person of the first group in general disease, the disability is fixed indefinitely, has medical indications for sanatorium and resort treatment, however the Ryazan regional branch of the Social Insurance Fund of the Russian Federation provided him with vouchers refused. The court ordered the defendant to provide the disabled person with a ticket to a sanatorium-resort treatment for 2014 according to the recommended treatment profile at the expense of the federal budget. The court did not take into account the claimant’s argument about the insufficient number of vouchers and indicated that the state’s failure to fulfill its obligations to allocate to all territorial bodies of the FSS of the Russian Federation the necessary number of vouchers is not a reason for depriving a citizen of his right to provide a voucher for sanatorium-resort treatment.
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<12>  Appeal definition of the Ryazan regional court of 24.06.2015 N 33-1346.

The Kemerovo Regional Court used a similar argument.<13>, leaving unchanged the decision of the court of first instance, on the basis of which the Kuzbass regional department of the Social Insurance Fund of the Russian Federation was obliged to provide the disabled person who submitted all the necessary medical documents, a voucher for sanatorium-resort treatment.
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<13>  Appeal definition of the Kemerovo Regional Court of June 25, 2015 in case N 33-6292.

In a similar way, the applicants' claims by the Cherepovets City Court of the Vologda Region were satisfied in favor of the plaintiffs - disabled persons who applied for vouchers for sanatorium-resort treatment.<14>, Leninsky District Court of Saransk<15>, Kirovsky District Court of Yekaterinburg<16>.
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<14>  Appeal definition of the Vologda regional court from 24.05.2013 in case N 33-2376 / 2013.
<15>  Vovina E. Guaranteed by law // Your right. 2012. N 5.
<16>  Appeal definition of the Sverdlovsk Regional Court of 05.08.2014 in case N 33-10029 / 2014.

As the aforementioned and other court decisions testify, the main reason for the refusal to provide a voucher was an insufficient budget allocation.
Judicial practice on citizens' appeals to the courts with the requirement to provide vouchers for sanatorium-resort treatment, from our point of view, signals the need to change the relevant legal regulations, taking into account the financial filling of budgets in crisis conditions. The activity of the territorial offices of the Social Insurance Fund shows that persons entitled to receive sanatorium vouchers can in fact receive sanatorium-resort treatment, as a rule, once every three years.

Indeed, the number of citizens who need this social service is more than the real financial opportunity  state to provide such a service. Employees of the FSS of the Russian Federation should be given the opportunity to determine the order in which the vouchers are granted, commensurate with the number of people who have applied for the voucher and the real possibilities. At the same time, persons of such categories as invalids of the Great Patriotic War, persons awarded with the sign “To the inhabitant of besieged Leningrad”, children with disabilities cannot be limited to the annual provision of vouchers.

In view of the above, we propose adding paragraph 2 of Art. 6.3 of the Law on Social Assistance in paragraph 2, stating in it the following: "... the categories of citizens specified in subparagraphs 3, 4, 6, 7, 8 of paragraph 1 of article 6.1 of this Federal Law, social services provided for in Subs. 1.1 and 2 p. . 1 Article 6.2 of this Federal Law shall be provided at least once every three years. "

Literature

1. Vovina E. Guaranteed by law // Your right. 2012. N 5.
   2. Vorontsova M.V., Korotenko N.S., Morozova I.I. Mechanisms for the rehabilitation of people with disabilities (regional experience). Taganrog, 2011. p. 5.
   3. Puzin S.N., Grishina L.P., Kardakov N.L. Disability in the Russian Federation. M., 2006. p. 8.
   4. Kuchma M.I. Disability issues. Are northern organizations ready to solve them in 2016 in accordance with changes in legislation // Questions of the North. 2015. N 3. P. 16 - 26.
   5. Appeal definition of the Chelyabinsk Regional Court of 06.23.2015 in case N 11-7259 / 2014.
   6. Appeal definition of the Ryazan regional court of 24.06.2015 N 33-1346.
   7. Appeal definition of the Kemerovo regional court of June 25, 2015 in case N 33-6292.
   8. Appeal definition of the Vologda regional court of 24.05.2013 in case N 33-2376 / 2013.
   9. Appeal definition of the Sverdlovsk regional court of 05.08.2014 in case N 33-10029 / 2014.

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RESOLUTION OF THE FSS OF THE RUSSIAN FEDERATION OF 06-08-97 64 ON APPROVAL OF THE INSTRUCTIONS ON THE ORDER OF PURCHASING THE DISTRIBUTION OF THE ISSUE AND ACCOUNT OF THE TRIPS TO ... Actual in 2017

3. The procedure and conditions for issuing and paying vouchers for sanatorium - resort treatment and rest

3.1. Vouchers purchased at the expense of social insurance for sanatorium-resort treatment or rest are issued to those who work at the main place of work; students of higher and secondary vocational students educational institutions  (training with the job) - at the place of study on the basis of the decision of the Commission (authorized) on social insurance.

3.2. Commission (authorized) for social insurance:

3.2.1. Taking into account the health status of workers and their children (level of temporary disability, working conditions and other factors) determines the need for vouchers for treatment and rest.

3.2.2. He makes proposals to the head of the organization for concluding contracts with sanatorium-resort and health-improving organizations or for submitting an application to executive agency  The fund for the purchase of the required number of vouchers for treatment and rest, informs workers about their availability. If necessary, carries out the adjustment of applications.

3.2.3. Accepts, registers in a special journal (Appendix 1) and stores, until the end of the reporting year, certificates necessary for issuing vouchers (applications, medical certificates for vouchers, receipts for payment of partial cost, decisions of the Commission (authorized) for social insurance, etc. ). On the basis of these documents, keeps records of employees and their children who need sanatorium-resort treatment and rest, determines the order, prepares a report and, at the end of the reporting year, submits all documents to the insurer's accounting department. The shelf life of these documents is 3 years.

3.2.4. Examines the documents of employees in 10 days and informs the applicant about the decision. Informs the collectives of enterprises and organizations about the issued vouchers.

3.3. Vouchers for sanatorium-resort treatment and rest are issued by the insurer's accounting department on the basis of an extract from the decision of the Commission (authorized) for social insurance no later than 20 days before the start of their validity period. In some cases, with the consent of the recipient, the voucher may be issued at a later date, but no later than the period required for timely arrival at the place of treatment or rest.

Vouchers for treatment and rest are issued in a completed form (with the name, recipient's first name, patronymic, place of work and position) with the signature of the head and stamped with the organization that issued the voucher. The issuance of blank (blank) forms of vouchers is prohibited. Corrections to the voucher must be issued with the appropriate record and sealed by the organization that issued the voucher.

3.4. Vouchers for treatment and rest (for insurers with three hundred or less employees) are issued to insurers by regional (central industry) branches or, on their behalf, by branches in accordance with applications of Social Insurance Commissions (Authorized).

3.5. A voucher for treatment is issued to a worker who is in need of a sanatorium and resort treatment, in accordance with the medical report (Form 070) issued by the medical and preventive institution.

A voucher for treatment or rest is issued to those who work for the period of their next vacation on the basis of a decision of the Commission (authorized) for social insurance no more than once a year; on summer period  - no more than once every two years.

3.6. A voucher to the children's sanatorium health camp of a year-round action, to a sanatorium for an adult with a child, is issued to one of the working parents (persons replacing them) if there are medical indications. In determining the profile of the sanatorium, the disease of the child is primarily taken into account.

3.7. When heading for spa treatment  a working invalid of group I on the same conditions is given a second ticket for the person accompanying him.

3.8. Vouchers for treatment of workers can be issued free of charge up to 15% of their total number, and the rest - with payment of a partial cost. Payment of the partial cost is made only at the cashier of the insured at the place of work of the insured.

3.9. Over the established norm free vouchers  are provided:

3.9.1. Working Heroes Soviet Union, Heroes of the Russian Federation, Heroes of Socialist Labor, full holders of the Orders of Glory and Labor Glory, in need of sanatorium treatment and rest.

3.9.2. Patients with acute myocardial infarction, surgery for aorto-coronary bypass surgery and cardiac aneurysm, gastric ulcer, duodenal ulcer and gall bladder removal - through health care facilities.

3.9.3. Working minors.

3.10. Vouchers purchased at the expense of social insurance in specialized sanatoriums and departments for the treatment of patients with spinal cord injuries, nephritis, pneumoconiosis, silicosis, vibration disease, are issued, as a rule, free of charge within the established standards for issuing free vouchers.

3.11. Trips to a sanatorium for an adult with a child, to year-round sanatorium health camps are issued free of charge up to 15% of their total number, and the rest for 10% of their cost.

3.12. Providing with vouchers for certain categories of working citizens who are entitled to benefits for sanatorium-resort treatment and rest is made by decision of the Commissions (authorized) for social insurance in accordance with the current legislation of the Russian Federation.

3.13. For employees, the Social Insurance Commission (Authorized) makes decisions:

3.13.1. About the size of the partial payment for the permit, which is in the sanatorium-resort and health organizations located in Russia:

for sanatorium treatment - from 5 to 20% of the cost of the voucher;

on vacation - from 10 to 25% of the cost of the permit.

3.13.2. On the provision of an exception on the basis of medical indications of vouchers for sanatorium treatment in health resorts located in the territory of the CIS countries and not having corresponding domestic analogues, as well as in health institutions  in the territory of the CIS countries, owned by Russian organizations.

Partial cost is charged for vouchers to the specified institutions on the conditions stipulated by clause 3.13.1 of this Instruction.

3.14. In some cases, the Commission (authorized) for social insurance decides on the amount of partial payment of the cost of travel for sanatorium treatment within the cost of travel to the place of treatment by rail  (econom-class train).