Bodies of the subjects of the federation authorized for... State authorities of the constituent entities of the Russian Federation

Authorized authorities are federal subjects executive apparatus, which exercise control over many areas. This structure has the rights to power in a certain area and area.

The authorized body can be appointed only by law Russian Federation and have their own separate responsibilities and competencies. The work of such bodies is to carry out the tasks and functions of the state.

Types of government bodies

A government agency may be appointed to specific place, which depends on the separation of powers, scope of activity and legal forms. Based on this, there are such types as:

Legislative.
Judicial.
Executive.
Municipal.
Higher ones.
Law enforcement.

But, besides this, there are also main types, such as the president, an authorized state body and the judiciary.

Job judiciary based on the execution of constitutional, civil, criminal and administrative proceedings.

Justice and justice on the territory of the Russian Federation are carried out only by the court. A judge is an independent body that is subject only to the laws, and he also has immunity.

Basically any trial takes place in an open meeting, but there are exceptions if the state secret. In turn, the court is divided into types:

constitutional Court is aimed at resolving disputes and conflicts between authorities, and at such meetings, violations of the rights and freedoms of citizens of the country are considered.
Arbitration court aimed at eliminating economic disputes.
General court has three types, for example: Supreme, subject and local. In this case, criminal and administrative cases are considered.

The Prosecutor General's Office oversees the implementation of laws by government agencies.

Authorized guardianship body

Such an area as guardianship implies the concepts of trusteeship and patronage. These bodies were created in order to monitor minor children who were left without parental care. In addition, the authorized guardianship body performs the functions of supervision of dysfunctional families, as well as the rights of minors and incompetent children. Guardianship has the right to remove children and dysfunctional families if there is a threat to the life and health of the child. This type executive power has its own division in any municipal area.

RSChS authorities

RSChS has its own levels, which are aimed at protecting the population and territory of the Russian Federation from emergency incidents. Such bodies have federal, regional and territorial levels.

At the federal level, a special commission is created that is aimed at eliminating a specific emergency situation. The rest perform the duties of protecting the population from fires and floods.

Administrative authorities

Jurisdictional bodies are created to control the rights to apply administrative responsibility. Such bodies include:

Judges.
Commission on the Rights of Minors.
Authorized control bodies.

Preliminary investigation bodies

The subject performs the functions of criminal prosecution from the state. Such bodies have the right to act on the side of the prosecution in a criminal offense. This entity includes such officials as a prosecutor, an investigator, an inquiry agency and an interrogating officer.

The main executive body is the government of the country. It in turn consists of:

Chairman.
Deputies.
Ministers.

Each of them performs its own specific functions. Their main activity is the development federal budget. The government is entrusted with the function of pursuing a unified monetary policy in different areas. In addition, it ensures law and order and fights crime.

All government work is carried out according to the sixth chapter of the Constitution of the Russian Federation. Based on this chapter, the government is obligated to issue orders and regulations. In addition, it is the government that develops domestic and foreign policies, carries out customs activities, develops tax policy.

At meetings, the government always discusses important issues in relation to the state, and publishes regulations, strategies and decrees for mandatory implementation. All this is done to ensure that the country's citizens are confident in their future. Issues such as the economic and cultural life of all regions of the country are discussed. However, the main goal of such bodies is to improve the lives of the population. If the government does not perform its duties properly and is negligent in its position, it is dismissed. The final decision on this issue can only be given by the President of the Russian Federation.

MINISTRY OF LABOR AND SOCIAL PROTECTION OF THE RUSSIAN FEDERATION

LETTER

Executive authorities of the constituent entities of the Russian Federation

The Ministry of Labor and Social Protection of the Russian Federation has considered questions received from the constituent entities of the Russian Federation regarding the implementation, and is sending clarifications to the Ministry of Labor of Russia on these issues.

Please note that these clarifications are the opinion of the Russian Ministry of Labor and are not a legal regulation document.

Minister of Labor
and social protection
Russian Federation
M.A.Topilin

Answers to the most frequently asked questions regarding the implementation of Federal Law of December 28, 2013 N 442-FZ "On the fundamentals of social services for citizens in the Russian Federation"

1 question. When calculating the average per capita income of the recipient, should social services turn on: monthly cash payments, one-time cash payment, compensation payments, different kinds benefits, subsidies, financial assistance, pension supplements and other types of payments received by citizens in connection with the presence of a certain social status?

Answer. In accordance with subparagraph "g" of paragraph 5 of the Rules for determining the average per capita income for the provision of social services free of charge, approved by Decree of the Government of the Russian Federation of October 18, 2014 N 1075 (hereinafter referred to as the Rules), when calculating the average per capita income, pensions, benefits, scholarships and other similar ones are taken into account payments received by a citizen in in cash in accordance with the legislation of the Russian Federation or received from a foreign organization in connection with the activities of its separate division in the Russian Federation.

The Rules contain provisions on the exclusion of any individual species payments from among the payments specified in paragraph 5 of the Rules are not included. At the same time, when considering the issue of including the above payments in the average per capita income of the recipient of social services, it is necessary to take into account their nature and frequency of provision.

Pensions, benefits, scholarships established legislative acts Russian Federation, as a rule, are aimed at realizing the right of relevant categories of citizens to take measures state support family, motherhood, fatherhood and childhood, social security and social protection. For similar purposes, monthly cash payments, one-time cash payments, compensatory payments, various types of subsidies, financial assistance, pension supplements and other types of payments received by citizens in connection with their certain social status, which, in our opinion, should taken into account when calculating the average per capita income of recipients of social services.

Thus, when calculating the average per capita income, all payments similar to those listed in paragraph 5 of the Rules, received in cash and established by the legislation of the Russian Federation are taken into account (meaning regulatory legal acts of both federal and regional levels. This regulation based on the provisions of paragraph "g" of Part 1 of Article 72 and Part 2 of Article 76 of the Constitution of the Russian Federation, according to which federal laws and laws and other normative legal acts of the constituent entities of the Russian Federation are adopted in accordance with them on subjects of joint jurisdiction of Russia and its constituent entities).

2. Question. Does the body of a constituent entity of the Russian Federation, authorized to recognize citizens in need of social services, as well as to draw up an individual program for the provision of social services, have the right to exercise its powers through other bodies and organizations within the framework of the powers delegated to them?

Answer. In accordance with paragraphs 1 and 2 of Article 8 of the Federal Law of December 28, 2013 N 442-FZ “On the Fundamentals of Social Services for Citizens in the Russian Federation” (hereinafter referred to as the Federal Law) to the powers of the bodies state power subjects of the Russian Federation in the field social services relate legal regulation and the organization of social services in the constituent entities of the Russian Federation within the powers established by this Federal Law, and the determination of the authorized body of the constituent entity of the Russian Federation, including the recognition of citizens in need of social services, as well as the drawing up of an individual program.

In accordance with paragraph 6 of Article 26.3 of the Federal Law of October 6, 1999 N 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" by the laws of the constituent entity of the Russian Federation in the manner determined by the federal law establishing general principles organizations local government in the Russian Federation, local government bodies may be vested with separate state powers subject of the Russian Federation.

The laws of a constituent entity of the Russian Federation may redistribute powers between local government bodies and state authorities of a constituent entity of the Russian Federation.

Article 19 of Federal Law No. 131-FZ of October 6, 2003 “On the general principles of organizing local self-government in the Russian Federation” defines the procedure for vesting local government bodies with certain state powers. According to these norms, the vesting of local self-government bodies with certain state powers can be carried out by the laws of the constituent entities of the Russian Federation, and individual state powers of the constituent entities of the Russian Federation - by the laws of the constituent entities of the Russian Federation.

Also, Federal Law No. 184-FZ of October 6, 1999 “On the general principles of organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation” provides for the possibility of transferring powers through the conclusion of an agreement.

Taking into account the above, in order to ensure accessibility and prompt implementation by citizens of the right to receive social services, the powers to recognize citizens as needing social services, as well as to draw up an individual program for the provision of social services, can be transferred through the publication of the relevant legislative act of a constituent entity of the Russian Federation or by concluding relevant agreements .

According to the approaches used by the subjects of the Russian Federation in the exercise of the powers under consideration, all subjects of the Russian Federation can be divided into several groups.

The first group includes regions in which the executive body of the constituent entity of the Russian Federation in the field of social protection is designated as the authorized body. Such regions include Bryansk, Kursk, Ulyanovsk, Irkutsk, Magadan, Ryazan, Sakhalin, Smolensk, Kaluga, Kirov, Oryol regions, the Republic of Karelia, the Republic of Tatarstan, the Republic of Buryatia, the Republic of Khakassia, the Republic of Sakha (Yakutia), Khabarovsk Territory, Chukotka autonomous region, Komi Republic, Chuvash Republic, Jewish Autonomous region, Yamalo-Nenets Autonomous Okrug and others.

In the Republic of Bashkortostan, the Republic of Adygea, Altai Territory, Belgorod, Vladimir, Voronezh, Ivanovo, Kostroma, Tver, Yaroslavl, Novosibirsk, Novgorod, Pskov, Volgograd, Rostov, Tyumen, Leningrad, Penza, Kurgan, Vologda, Sverdlovsk, Saratov, Omsk regions , Moscow and a number of other constituent entities of the Russian Federation, these powers will be exercised through divisions territorial bodies social protection of the population or social protection authorities municipalities.

The third group includes subjects of the Russian Federation, in which the powers to recognize citizens as needing social services, as well as to draw up an individual program for the provision of social services, are distributed depending on the form of social services. For example, in the Stavropol Territory, the recognition of citizens in need of social services in a stationary form, as well as the drawing up of an individual program, is carried out by the Ministry of Labor and Social Protection of the Population of the Stavropol Territory, and the recognition of citizens in need of social services in a semi-stationary form, social services at home, for the drawing up of an individual program carried out by state budgetary and government social service institutions. A similar situation is developing in the city of Sevastopol.

In the Republic of Tyva, Tula, Kemerovo regions The powers to recognize citizens as needing social services have also been transferred to social service organizations subordinate to the state authority of a constituent entity of the Russian Federation in the field of social services.

3. Question. In what part according to Article 35 of the Federal Law, the newly established amounts of fees for the provision of social services in a constituent entity of the Russian Federation cannot be higher than the amounts of fees paid by recipients of social services within the framework of ongoing legal relations established as of December 31, 2014, in a specific monetary amount (that is, not subject to indexing) or in part size limit fees (in percentage terms)?

Answer. In accordance with Part 2 of Article 35 of the Federal Law, within the framework of ongoing legal relations for recipients of social services whose right to receive social services arose in accordance with the procedure for the provision of social services in a constituent entity of the Russian Federation that was in force before the date of entry into force of the Federal Law, newly established fee amounts for the provision of social services by social service providers in a constituent entity of the Russian Federation and the conditions for its provision in accordance with the Federal Law cannot be higher than the amount of payment for the provision of relevant social services to these persons established as of December 31, 2014, and the conditions for the provision of relevant social services do not may worsen compared to the conditions established as of December 31, 2014.

This norm is of a preserved nature and indicates the possibility of citizens receiving social services within the framework of ongoing legal relations to maintain, as of January 1, 2015, the amount of payment for receiving social services that was as of December 31, 2014. It is necessary to take into account that the amount of payment for receiving a social service is determined based on its volume, frequency, conditions, and timing of provision. Thus, the amount of the fee remains the same if the volume, frequency, conditions, and timing of the provision of social services have not changed. If any indicator changes, for example, the volume of provision of social services, the amount of the fee may be changed.

As for the form of maintaining this size - specific sum of money or a maximum percentage of payment - this can be determined based on the conditions specified in the agreement with this citizen, which determined the amount of payment for receiving social services as of December 31, 2014.

4. Question. For how long can an individual program for the provision of social services be developed? Can it be indefinite?

Answer. According to paragraph 2 of Article 16 of the Federal Law, the individual program is drawn up based on the citizen’s need for social services, and is revised depending on changes in this need, but at least once every three years.

At the same time, the social services established in the individual program have deadlines for their implementation and the frequency of provision; therefore, the expiration of these deadlines indicates the completion of the implementation of both specific social services and the individual program as a whole.

The revision of the individual program is carried out taking into account the results of the implemented individual program.

At the same time, in the form of an individual program for the provision of social services, approved, there is paragraph 8, in which information is filled out about whether this individual program was developed for the first time or again and for what period.

In connection with the above, the preparation of an indefinite individual program, in our opinion, does not comply with Federal Law.

5. Question. Is it possible to exclude amounts from the calculation of average per capita income? wages received by recipients of social services providing labor activity who are receiving social services in a stationary form of social services?

Answer. In accordance with subparagraph "e" of paragraph 5 of the Rules, when calculating the average per capita income of a recipient of social services, the amount of remuneration for the performance of labor or other duties, work performed, service rendered, or action performed in the Russian Federation is taken into account.

This norm applies to all recipients of social services, regardless of the form in which they receive social services - stationary, semi-stationary or at home. The Rules do not provide for the possibility of excluding remuneration for labor in respect of any employees.

Introduction of exceptions from of this rule for recipients of social services receiving social services in one of the forms of social services - stationary, will put them in an unequal position in relation to recipients of social services receiving semi-stationary social services or social services at home.

At the same time, the question arises about the validity of recognizing such citizens as needing the provision of social services in a stationary form of social services, since in this form of social services, in our opinion, social services should be provided subject to the loss of the citizen’s ability or ability to carry out self-service, move independently, provide basic life needs.

In addition, if the need is recognized and taking into account the existing powers established by 32 Federal Law, the constituent entities of the Russian Federation have the right to independently determine the categories of citizens who are entitled to receive social services free of charge, as well as to establish more preferential ones in comparison with the Federal Law. fees for the provision of social services.

6. Question. Is it possible to include in Housing Code of the Russian Federation rules on the retention by recipients of social services of residential premises occupied by them under a rental or lease agreement for the period of their stay in social service organizations providing social services in a stationary form of social service?

Answer. This issue is regulated by current legislation and does not require additional regulation.

Thus, in accordance with Article 69 of the Housing Code of the Russian Federation, family members of the tenant of a residential premises under a social tenancy agreement have equal rights and obligations with the tenant (Part 2). In this case, family members of the tenant of the residential premises under the social tenancy agreement must be indicated in the social tenancy agreement for the residential premises (Part 3).

Article 71 of the Housing Code of the Russian Federation provides that the temporary absence of a tenant of a residential premises under a social tenancy agreement, any of his family members living with him or all these citizens does not entail a change in their rights and obligations under the social tenancy agreement.

In addition, Article 2 of the Civil Code of the Russian Federation enshrines the principle of autonomy of will and property independence of participants civil turnover in the exercise of property rights and other real rights. Citizens, in accordance with Article 18 of the Civil Code of the Russian Federation, may have property by right of ownership, have other moral rights, make any transactions that do not contradict the law and participate in obligations property nature. Thus, a citizen has the right to independently acquire and exercise his non-property rights, with the exception of cases where he was limited in such rights or transferred their exercise to other persons, for example, under a property trust management agreement, etc.

Taking into account the above, the current legislation has established sufficient legal regulation aimed at ensuring the stability of relations associated with social hiring residential premises.

As for the disposal of the property of citizens recognized as incompetent, partially incompetent, guardians and trustees, the relevant provisions are regulated by the Civil Code of the Russian Federation. The procedure for managing the property of a ward is determined by Federal Law No. 48-FZ of April 24, 2008 “On Guardianship and Trusteeship” and additional regulation is also not required.

7. Question. How will the deadlines set in the Article 17 of the Federal Law, if there is a waiting list for the provision of social services in the stationary form of social services?

Answer. In accordance with

Approval of the procedure for the provision of social services by social service providers in accordance with Article 8 of the Federal Law is the authority of the executive authorities of the constituent entities of the Russian Federation.

At the same time, if it is temporarily impossible to provide a citizen with social services in a certain form of social service, in particular, inpatient, the recipient of social services may be offered another form of social service in which he will be able to receive the social services he needs, depending on his need.

8. Question. How can an agreement on the provision of social services in a stationary form of social services be concluded between a social service provider and a citizen (his legal representative) if the citizen is declared incompetent and the social service provider is appointed as a guardian?

Answer. In accordance with paragraph 1 of Article 17 of the Federal Law, social services are provided to a citizen on the basis of an agreement on the provision of social services concluded between the social service provider and the citizen or his legal representative, within 24 hours from the date of submission of the individual program to the social service provider.

According to paragraph 4 of Article 35 of the Civil Code of the Russian Federation, incapacitated or not fully capable citizens placed under the supervision of organizations providing social services, guardians or trustees are not appointed. The fulfillment of the duties of guardians or trustees is assigned to these organizations.

At the same time, as stated in Article 53 of the Civil Code of the Russian Federation, the constituent document may provide that the authority to act on behalf of legal entity provided to several persons acting jointly or independently of each other.

The conclusion of contracts on behalf of a legal entity is carried out by a person authorized to do so constituent documents organization, as well as by virtue of authority based on a power of attorney in accordance with Article 182 of the Civil Code of the Russian Federation.

Thus, given that transactions, in accordance with current legislation, are executed between specific persons, in our opinion, when concluding a contract for social services, one representative of the provider can act on behalf of the social service provider - as the executor under the contract, and on behalf of the ward, another representative of the social service provider, vested with appropriate powers.

At the same time, in order to improve the quality of provision of social services, issues of concluding contracts in relation to such persons may be submitted to the board of trustees of the social service organization and other bodies for consideration. public control organizations.

Also, taking into account that in accordance with Article 8 of the Federal Law of April 24, 2008 N 48-FZ “On Guardianship and Trusteeship”, the powers of the guardianship and trusteeship authorities include oversight of the activities of organizations in which incompetent or partially incompetent citizens are placed, in In order to improve the quality of social services, we believe possible conclusion a tripartite agreement with the participation of a representative of the social service provider, acting as an executor under the agreement, a representative of the social service provider, acting on behalf of the ward, and the guardianship and trusteeship authorities.

9. Question. If a citizen is recognized as in need of social services simultaneously in several forms of social services, how should an individual program for the provision of social services be drawn up?

Answer. In our opinion, a citizen can be recognized as needing only one form of social service. So, in accordance with the approved form, when filling it out, the citizen indicates the social service form in which he needs to receive social services.

The authorized body of a constituent entity of the Russian Federation makes a decision to recognize a citizen as in need of social services or to refuse social services within five working days from the date of filing the application ().

In accordance with paragraph 2 of the Recommendations for determining the individual need for social services of recipients of social services, approved by Order of the Ministry of Labor of Russia of July 30, 2014 N 500n, when determining the individual need, it is recommended to establish the required form social services, types, volume, frequency, conditions, terms of provision of social services, list of recommended providers of social services to recipients of social services specified in Part 1 of Article 15 of the Federal Law.

In accordance with Article 16 of the Federal Law, based on a citizen’s need for social services, an individual program is drawn up, which specifies the form of social services, types, volume, frequency, conditions, terms for the provision of social services, and a list of recommended providers of social services.

The form of an individual program for the provision of social services, approved by Order of the Ministry of Labor of Russia dated November 10, 2014 N 874n, also contains the ability to indicate a specific form of social services and the types of social services provided in this form.

Thus, when determining the individual need for social services of recipients of social services, the authorized body of the constituent entity of the Russian Federation must determine what form of social services the citizen needs.

10. Question. When providing social services to a child, who will be the recipient of social services when concluding an agreement: the child, one of the parents, the whole family?

11. Question. Does the authorized body of a constituent entity of the Russian Federation, which does not have information about the applicant’s income (if he did not independently declare it when submitting an application for social services), make interdepartmental requests to tax and other authorities in order to obtain such information?

Answer. In accordance with the application form for the provision of social services, approved by order of the Ministry of Labor of Russia dated March 28, 2014 N 159n, when submitting such an application, a citizen indicates information about income taken into account to calculate the average per capita income of the recipient of social services and puts his signature under the wording “Reliability and I confirm the completeness of this information."

At the same time, in accordance with the provisions of the Federal Law of July 27, 2010 N 210-FZ “On the organization of the provision of state and municipal services”, when providing state and municipal services, documents and information can be obtained, including in electronic form using unified system interdepartmental electronic interaction and regional interdepartmental electronic interaction systems connected to it at the interdepartmental request of the body providing the public service, the body providing the municipal service.

According to paragraph 3 of Article 7.1 of the above Federal Law, the provision by tax authorities of documents and information constituting tax secrets, or documents and information, access to which is limited by legislative acts of the Russian Federation, to the authorities providing government services, bodies providing municipal services, and subordinate state bodies or local self-government bodies, organizations involved in the provision of state and municipal services or multifunctional centers, as well as provision by bodies providing public services, bodies providing municipal services, other state bodies, local government bodies and subordinate state bodies or local government organizations involved in the provision of state and municipal services at the interdepartmental request of the tax authority for information, access to which is limited by legislative acts of the Russian Federation, for the purpose of providing state or municipal services and (or) maintaining basic state information resources does not constitute a disclosure of tax secrets or information, access to which is limited by legislative acts of the Russian Federation.

Thus, the authorized body of a constituent entity of the Russian Federation may apply as part of the implementation interdepartmental interaction to tax and other authorities that have information about the applicant’s income in order to clarify them.

12. Question. Who should approve tariffs for social services: the authorized body of the constituent entity of the Russian Federation or providers of social services?

Answer. According to paragraph 11 of Article 8 of the Federal Law, establishing the procedure for approving tariffs for social services on the basis of per capita standards for financing social services is the authority of the executive authorities of the constituent entities of the Russian Federation.

A legislative act of a constituent entity of the Russian Federation, in accordance with Article 8 of the Federal Law, approves a list of social services provided by social service providers.

Thus, the relevant regulatory legal act of the constituent entity of the Russian Federation determines the procedure, including the body (organization), for approving tariffs for social services included in the above list of social services.

13. Question. Do persons exposed to radiation as a result of a disaster have the right to free social services in all forms of social services? Chernobyl nuclear power plant?

Social services in the form of social services at home, semi-stationary and stationary forms of social services are provided free of charge, including to persons affected by emergency situations, armed interethnic (interethnic) conflicts (). Legal status of these persons is regulated by Federal Law No. 68-FZ of December 21, 1994 “On the protection of the population and territories from natural and man-made emergencies.”

The categories of citizens exposed to radiation as a result of the Chernobyl disaster are defined in the Law of the Russian Federation of May 15, 1991 N 1244-1 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant.” Under this Article 2 of this Law of the Russian Federation it is established that relations related to Chernobyl disaster, are regulated by this Law, the current legislation of the Russian Federation in terms of norms that do not contradict this Law, and other acts of legislation of the Russian Federation issued in accordance with them.

Thus, persons exposed to radiation as a result of the Chernobyl disaster have special status and other acts apply to these categories of citizens to the extent that does not contradict the Law of the Russian Federation of May 15, 1991 N 1244-1.

Since the Federal Law does not provide for the right to provide free social services to persons exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant, there is no basis for its provision.

At the same time, we draw your attention to the fact that while exercising the powers established by Part 3 of Article 31 of the Federal Law, regulatory legal acts of the constituent entities of the Russian Federation may provide for other categories of citizens, including persons exposed to radiation as a result of the Chernobyl nuclear power plant disaster, to whom social services are provided free of charge.

14. Question. How to provide social services to minor children in social security dangerous situation, as well as families whose minor members need social services, implement social rehabilitation these persons, to provide them with the necessary assistance, on the grounds specified in the Federal Law of June 24, 1999 N 120-FZ "On the fundamentals of the system for the prevention of neglect and juvenile delinquency" , if within Federal Law N 442-FZ is the provision of social services established on the basis of a contract?

Answer. Article 5 of the Federal Law of June 24, 1999 N 120-FZ “On the fundamentals of the system for preventing neglect and juvenile delinquency” defines the categories of persons in respect of whom individual preventive work is carried out. contains the basis for individual preventive work.

In accordance with Article 12 of the Federal Law of June 24, 1999 N 120-FZ, social service institutions, which include territorial centers social assistance families and children, centers for psychological and pedagogical assistance to the population, emergency psychological assistance centers and other social service institutions, in accordance with the charters of these institutions or regulations on them

1) provide social services to minors who are in a socially dangerous situation or other difficult life situation, based on requests from minors, their parents or other legal representatives or on the initiative of officials of bodies and institutions of the system for the prevention of neglect and juvenile delinquency in the manner established by the legislation of the constituent entity of the Russian Federation;

2) identify minors who are in a socially dangerous situation, as well as families whose minor members are in need of social services, carry out social rehabilitation of these persons, provide them with the necessary assistance in accordance with individual social rehabilitation programs;

3) take part, within their competence, in individual preventive work with neglected minors, including by organizing their leisure time, developing the creative abilities of minors in circles, interest clubs created in social service institutions, and also provide assistance in organizing health improvement and recreation minors in need of state assistance.

Thus, Federal Law No. 120-FZ of June 24, 1999 defines special rules providing social services to minors in a socially dangerous situation or other difficult life situation.

Federal Law No. 120-FZ of June 24, 1999 defines a special mechanism for applying for social services in relation to specific categories of minor children, which in itself does not contradict the provisions of Federal Law No. 442-FZ of December 28, 2013 “On the Fundamentals of Social Services for Citizens” In Russian federation" .

When such children enter social service organizations, a program for the provision of social services and an agreement on the provision of social services are also drawn up for them.

Electronic document text
prepared by Kodeks JSC and verified against:
official website of the Russian Ministry of Labor
www.rosmintrud.ru
as of March 23, 2016

Date of publication: 09/02/2014 08:14 (archive)

Letter of the Ministry of Finance of Russia dated 08/06/2014 No. 03-05-04-01/38983 defines the procedure for the formation of lists of real estate by authorized authorities of the constituent entities of the Russian Federation, which have adopted laws of the constituent entities of the Russian Federation establishing the specifics of the definition tax base for corporate property tax based on cadastral value real estate objects specified in paragraphs. 1 and 2 paragraphs 1 art. 378.2 of the Tax Code of the Russian Federation (hereinafter referred to as the Code).

At the same time, until the federal executive body exercising the functions of developing public policy and legal regulation in the field property relations, the procedure for determining the type of actual use of buildings (structures, structures) and premises provided for in clause 9 of Art. 378.2 of the Code, the establishment of the type of actual use of buildings (structures, structures) and premises is carried out in the manner established by the regulatory legal act of the constituent entity of the Russian Federation (clause 2 of article 4 of the Federal Law of November 2, 2013 No. 307-FZ “On Amendments to Article 12 part one and chapter 30 part two of the Tax Code of the Russian Federation").

According to paragraph 7 of Art. 378.2 of the Code, the authorized executive body of a constituent entity of the Russian Federation, no later than the 1st day of the next tax period for corporate property tax, determines a list of objects for this tax period real estate, specified in paragraphs. 1 and 2 paragraphs 1 art. 378.2 of the Code (hereinafter - the List of real estate objects), sends it to tax authorities at the location of the relevant real estate objects and places it on its official website or on the official website of a constituent entity of the Russian Federation on the Internet information and telecommunications network.

By virtue of the specified norms of the Code, the List of Real Estate Objects must include the real estate objects specified in paragraphs. 1 and 2 paragraphs 1 art. 378.2 of the Code, information about which is available to the authorized executive body of the constituent entity of the Russian Federation.

New order determination of the tax base for individual real estate objects will be valid in the territory of the region only after adoption by the authority legislative branch Khabarovsk Territory relevant law. According to paragraphs. 2 clause 12 art. 378.2 of the Code, until this regulatory legal act is adopted in the territory of the region, taxpayers should be guided by the previous procedure for calculating tax based on the average annual value of property in accordance with Art. 376 of the Code.

On the territory of the region, the transition to the payment of property tax of organizations in relation to individual categories real estate from their cadastral value is planned to be carried out starting January 1, 2016.

In accordance with paragraph 2 of the Decree of the Government of the Russian Federation dated October 21, 2011 N 850 “On federal body executive power, authorized to approve the procedure for the exercise by authorized executive bodies of the constituent entities of the Russian Federation of control over compliance with the standard of information disclosure by organizations operating in the field of management apartment buildings"(Collected Legislation of the Russian Federation, 2011, No. 43, Art. 6083), I order:

1. Approve the Procedure for the implementation by authorized executive authorities of the constituent entities of the Russian Federation of control over compliance with the standard of information disclosure by organizations operating in the field of management of apartment buildings in accordance with the appendix to this order.

2. The Department of Housing and Communal Services, within 10 days from the date of signing, sends this order for state registration to the Ministry of Justice of the Russian Federation.

And about. Minister V. Tokarev

Application

The procedure for the implementation by authorized executive authorities of the constituent entities of the Russian Federation of control over compliance with the standard of information disclosure by organizations operating in the field of management of apartment buildings

1. Present Order determines the procedure for the implementation by authorized executive authorities of the constituent entities of the Russian Federation of control over compliance with the standard of information disclosure by organizations operating in the field of management of apartment buildings.

2. Control over compliance with the information disclosure standard by management organizations, homeowners' associations, housing cooperatives and other specialized consumer cooperatives is carried out by authorized executive authorities of the constituent entities of the Russian Federation (hereinafter referred to as the state housing supervision body).

3. Control is carried out in relation to:

a) the fact of disclosure of information;

c) timing and frequency of disclosure of information;

d) completeness of information disclosure;

e) reliability of the disclosed information;

f) the procedure for disclosing information upon written requests and requests in in electronic format, including registration of written requests, timeliness and completeness of consideration of written questions and requests in electronic form, as well as notification of the results of their consideration.

4. Control is carried out in the following forms:

a) systematic observation and analysis of information in relation to subparagraphs “a” - “d” of paragraph 3 of this Procedure;

b) conducting scheduled and unscheduled inspections.

5. If violations of the information disclosure standard are detected by the management organization, homeowners’ association, housing cooperative and other specialized consumer cooperative, the authorized executive body of the constituent entity of the Russian Federation:

a) issues an order to the management organization, homeowners’ association, housing cooperative or other specialized consumer cooperative to eliminate identified violations, indicating the deadline for elimination;

b) monitors the elimination of identified violations.

6. Scheduled and unscheduled inspections provided for in subparagraph “b” of paragraph 4 of this Procedure are carried out in the form of a documentary inspection and (or) an on-site inspection.

7. Scheduled and unscheduled documentary and on-site inspections are carried out in accordance with Federal law dated December 26, 2008 N 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs when implementing state control(supervision) and municipal control" (Collected Legislation of the Russian Federation, 2008, No. 52, Art. 6249; 2009, No. 18, Art. 2140, No. 29, Art. 3601, No. 48, Art. 5711, No. 52, Art. 6441, N 17, N 18, N 31, N 31, N 31, N 4298; , Art. 20, No. 17, No. 23, No. 3263, No. 3880, No. 4590, No. 6728) and this Order.

A scheduled inspection of a management organization, homeowners' association, housing cooperative and other specialized consumer cooperative is carried out no more than once every three years.

8. The basis for including a scheduled inspection of a management organization, homeowners’ association, housing cooperative and other specialized consumer cooperative in the annual plan for scheduled inspections is the expiration of three years from the date of:

A) state registration legal entity, individual entrepreneur;

b) completion of the last scheduled inspection of a legal entity or individual entrepreneur.

9. The grounds for conducting an unscheduled inspection are:

a) expiration of the deadline for the management organization, homeowners’ association, housing cooperative and other specialized consumer cooperative to fulfill a previously issued order to eliminate the identified violation mandatory requirements and (or) requirements established by municipal legal acts;

b) receipt by the authorized executive body of a constituent entity of the Russian Federation of citizens' appeals, information from state authorities, local governments about non-compliance by management organizations, homeowners' associations, housing cooperatives and other specialized consumer cooperatives with information disclosure requirements in relation to subparagraphs "e" and "e" of paragraph 3 of this Procedure;

c) order (instruction) of the head of the state control (supervision) body, issued in accordance with the instructions of the President of the Russian Federation, the Government of the Russian Federation and on the basis of the request of the prosecutor to conduct an unscheduled inspection as part of supervision over the implementation of laws on materials and appeals received by the prosecutor's office.

10. The duration of scheduled and unscheduled inspections cannot exceed 20 working days.

In exceptional cases related to a significant volume of control activities (requesting additional information necessary for control, conducting an examination on issues related to the subject of control), on the basis of a reasoned proposal official of the authorized executive body of the constituent entity of the Russian Federation carrying out the inspection, the head of such body or his authorized deputy extends the period for conducting an on-site scheduled inspection, but not more than by 20 working days.