Improving work on social security for families with children. Social security for families with children

Introduction

Constitution Russian Federation proclaims Russia a social state, the policy of which is aimed at creating conditions that ensure decent life and free development of personality. The Constitution of the Russian Federation proclaims that “the fundamental rights and freedoms of man and citizen are inalienable and belong to him from birth. “In the Russian Federation, family, motherhood, fatherhood and childhood are under the protection of society and the state.”

State recognition of the value of the family, its role in social development and the education of future generations is enshrined in Article 7 and Part 1 of Art. 38 of the Basic Law of the Russian Federation. Article 72 of the Constitution of the Russian Federation places issues of protecting families and children under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, the main obligations for material support. Social and legal protection for the upbringing and education of children is borne by families and the state.

Family is a constitutional and legal category based on marriage - a legally formalized, voluntary union of a man and a woman, giving rise to mutual personal and property rights and responsibilities aimed at creating a family, giving birth and raising children (Articles 7, 38 and 72 of the Constitution Russian Federation). The family is an enduring value for the life and development of every person, plays an important role in the life of society and the state, in educating new generations, ensuring social stability and progress. The system of norms, values ​​and family strategies has been verified over centuries. Its stability and flexibility, adaptive abilities and tolerance are ensured by following the experience of many generations. Stability, calm and strength of states are based on the norms and values ​​of the family way of life. A healthy, strong, friendly, materially and morally prosperous family is the highest value.

It gives a child and an adult a feeling of love, security, care, reliability, affection, and provides a connection between generations. Each state is interested in preserving and broadcasting family values.

The state is an unconditional guarantor of the rights and interests of the child and must promptly take adequate measures to protect and provide for children who find themselves in difficult life situations, families and children in a socially dangerous situation, i.e. in cases where parents, due to life circumstances and for other reasons, are unable to cope with their responsibilities towards their children, or shirk their parental responsibilities.

In the Russian Federation, in recent years, rule-making work has continued to ensure and protect the rights of families and children. Legislative acts on protecting the health of citizens, on labor protection, presidential decrees on assistance to families and children, and a number of other regulatory legal acts have been adopted, which contain rules protecting the rights and interests of families and children. At the same time, norms remain that are inadequate to the complex socio-economic conditions of the transition to market relations, unable to prevent their negative impact on family relations.

An integral part of the social policy of the Russian Federation is family policy, which includes social and state-legal protection of family and childhood. Aimed at creating appropriate social, legal and economic conditions for preserving the family as a stable institution that provides security and care for its family members on the basis of love and respect.

The Address of the President of the Russian Federation to the Federal Assembly of the Russian Federation in 2006 placed special emphasis on increasing the birth rate and strengthening state support for families with children, and on developing a mechanism to reduce the number of children in residential care institutions.

Solving the demographic problem is impossible “if we do not create the appropriate conditions and incentives for the growth of the birth rate here in our own country, if we do not adopt effective programs to support motherhood, childhood, and family support.”

In his Address to the Federal Assembly of the Russian Federation on April 26, 2007, the President supported the initiative to declare 2008 the “Year of the Family in Russia.” “Its implementation will allow us to unite the efforts of the state, society, and business around the most important issues of strengthening the authority and support of family institutions and basic family values.”

When writing this work, the relevance of the proposed topic was taken into account. The purpose of the work was to analyze the current legal framework in the system social support families with children, assessing its focus, effectiveness, as well as developing proposals for improving the current system, identifying areas for its improvement.

In this regard, I was assigned the following tasks:

Conduct a review and analysis of the regulatory legal framework, statistical reporting data on the implementation of specific programs of social support for families with children at the federal and regional levels - using the example of the Leningrad region.

Identify further ways to improve legislative framework, systems social services aimed at supporting families with children at the federal and regional levels - using the example of the Leningrad region.

Summarize priority areas and prospects for improving the system of state support for families with children;

Formulate the main conclusions from the study.

Approbation of the theme. I have studied the regulatory framework in the field of state, social support for families with children: federal legislation, codes, conceptual federal programs, decrees, resolutions, reviews of judicial practice, statistical data, as well as regional legislative acts and resolutions of the constituent entity of the Russian Federation - the Leningrad region . Along with studying the legislative framework, I read a number of books and journal articles on the topic under consideration.

I would especially like to note the book “Issues of organizing state social support various types families with children” edited by V.V. Elizarov, Candidate of Economic Sciences. This publication was prepared as part of the System Restructuring Assistance Project social protection population. The collection contains analytical research materials, a review and assessment of federal and regional legislation, programs and individual measures of social support for various types of families, including social assistance and services, as well as proposals for improving the organization of the social support system for families with children.

Chapter 1. State policy to support families with children

.1 The situation of families and children in the Russian Federation

In recent years, the problems of the Russian family are largely due to the impact of socio-economic reforms of the 90s of the twentieth century. The main problem is the massive decline standard of living families with children. According to generally accepted socio-economic and statistical criteria, the number of poor families included not only those whose well-being in the past was below the poverty line, but also a huge mass of the working, relatively prosperous until recently average-income (according to Russian parameters) segment of the population. As a result of poverty and low income of millions of families, their educational and moral potential is weakened, and the responsibility of parents for the maintenance and upbringing of children is reduced. Child neglect and homelessness is a direct consequence, first of all, of the crisis of the family and a number of educational institutions of society. This state of the family, with a high divorce rate and low birth rates, poses a threat to the social security of the Russian Federation.

Moreover, if a family has a subsistence minimum, then the possibility of receiving additional social benefits from the state is practically excluded. The reduction of the social package at enterprises also leads to an increase in the social vulnerability of the working population. The family currently, with the existing type of social protection, is constantly in a state of social risk, since it does not have the conditions for sustainable, reliable development.

It is the economic situation of families that influences the steady tendency to aggravate all processes of family life. Currently, the following trends are taking place in the family sphere:

families with few children, the share of one-child families reaches 31% of the total number of families, with two children - 21.4%, large families - 5,3%;

increase in the number of single-parent families. There are 5.2 million of them in Russia, of which 98% are families consisting of a mother and one child;

increasing the number of socially vulnerable children. First of all, these are children from poor families;

reduction in the educational potential of the family.

One of the main purposes of the family is to create conditions for normal development and proper upbringing of children. There are 29 million children living in the Russian Federation.

Family dysfunction, antisocial behavior of parents and lack of control over the behavior of children leads the latter to early criminalization. Statistics show a steady increase in juvenile crime (145.4 thousand crimes were committed in 2003, 154.4 thousand crimes in 2004, 154.7 thousand crimes in 2005). There is child neglect and homelessness, 50 thousand children run away from their families every year, 70% of teenagers who use drugs live in dysfunctional families. Domestic violence is spreading - physical, sexual, psychological. About 30 percent of intentional murders occur in families. Every year, about 2 million children are brutally beaten by their parents, 2 thousand children commit suicide.

Criminal liability for failure to fulfill or improper fulfillment of responsibilities for raising a minor was established for the first time by the Criminal Code of the Russian Federation. In accordance with Art. 156 of the Criminal Code of the Russian Federation, criminal liability arises for failure to fulfill or improper fulfillment of duties for the upbringing of a minor by a parent or other person entrusted with these duties, as well as by a teacher or other employee of an educational, training, medical or other institution obliged to supervise a minor, if this act associated with cruelty to a minor.

By virtue of Part 2 of Art. 15 of the Criminal Code of the Russian Federation, this crime belongs to the category of minor gravity, and for these cases the jurisdiction of magistrates is provided. Generalization of judicial practice on the crime provided for in Art. 156 of the Criminal Code of the Russian Federation, in the Volgograd region for 2004, indicates that magistrates considered 38 criminal cases of this category. The number of persons convicted by court verdict is 29 people, of which 28 are parents, including 24 mothers, 5 fathers.

When analyzing criminal cases for a crime under Art. 156 of the Criminal Code of the Russian Federation, considered by magistrates of the Volgograd region, it was established that cruelty to a minor was expressed:

in failure to provide food, for example: criminal case No. 1-40-38/2004 (court station No. 40) against S.V. Bondareva and Yu.K - untimely provision of a child born in 2003. food, unsanitary conditions, resulting in exhaustion, acrocyanosis, severe deficiency anemia, 3rd degree malnutrition;

locked in a room alone long time: criminal case No. 1-86-25/2004 (court station No. 25) against O.I. Epifanova - long-term abandonment (child born in 2003);

in systematic humiliation of the dignity of a minor: criminal case No. 1-59-31/04 (court station No. 59) against E.Yu. Kurina - mother humiliated her daughter’s dignity, born in 1991. using obscene expressions, against her will, she cut off her hair, disfiguring her appearance, systematically pointed out the clumsiness in her daughter’s movements, and therefore the minor experienced an inferiority complex regarding her appearance and physical characteristics;

in bullying: criminal case No. 1-16-17/2004 against M.N. Bugrova - her mother forbade her daughter to use heating devices in the cold season, tied her hands and feet with rope, and locked her in the cellar and barn in light clothing in September and November 2003.

Since the concept of abuse of minors in the law itself is formulated vaguely, we can agree with the comment made by A. Dyachenko and E. Tsimbal in the work “Current problems of protecting children from abuse in modern Russia” about the need for greater specification of the definition of abuse of a child and developing definitions of its individual forms (physical, sexual, mental violence).

“The increase in the number of children left without parental care due to the deprivation of parental rights is due not only to the scale of family dysfunction, but also to the increased attention of authorities to this problem and the intensification of measures to remove children from families where life and health were dangerous for them. situation due to parents’ failure to fulfill their duties.” And one can agree with a number of statements that “it is necessary to establish for crimes under Art. 150 - 152, 156, 157 of the Criminal Code of the Russian Federation, such type of additional punishment as deprivation of parental rights (with appropriate changes to Articles 44 and 45 of the Criminal Code of the Russian Federation)."

The most vulnerable categories of children include orphans and children left without parental care (731 thousand children), disabled children (587 thousand children), children in a socially dangerous situation (676 thousand children). These groups of children primarily need social rehabilitation and adaptation, integration with society. According to forecasts, by 2010 the number of children will decrease by 3.73 million people compared to 2003, which determines a further downward trend in the country's population. The birth rate does not ensure simple reproduction of the population. Maternal and infant mortality rates remain high, and only 30 percent of newborns can be considered healthy. Over the past 10 years, the morbidity rate among children as a whole has increased by more than 1.4 times.

There remain many problems in the sphere of ensuring the livelihoods of children that require solutions at the state level. Due to the low level of health of women of childbearing age, the number of cases of pregnancy and childbirth, occurring with various complications, continues to increase. More than half of children have health problems that require treatment, correction and rehabilitation measures.

Currently, the upward trend in childhood disability continues. Due to the fact that the vast majority of disabled children are raised in families, the work of specialized institutions for children with disabilities requires strengthening the preventive focus.

The problem of social orphanhood continues to be one of the most pressing problems of childhood. However, the development of alternative family forms has been slow. The active implementation of such forms of placement of children will help solve the problem of socialization of orphans and children left without parental care.

Currently, urgent and decisive measures are required to fundamentally support and stabilize the situation of families with children. International and domestic experience shows that family problems are much more effectively solved with the help of state family policy.

Currently, the main directions of state family policy are: providing conditions for overcoming negative trends in stabilizing the financial situation of Russian families, reducing poverty and increasing assistance to disabled family members; providing employees with children with favorable conditions for combining work activities with family responsibilities; radical improvement in family health; strengthening assistance to families in raising children.

The strategic, long-term goal of the activity of the social state, the entire system of social protection of the population, is to actually reduce the percentage of poverty and improve the quality of life in those groups of the population that, by virtue of their physical condition and for other objective reasons cannot independently solve problems of personal or family life support.

Achieving this goal is based on two main directions.

The first is to increase the real incomes of the population by organizing the provision of social support measures - payment of subsidies, benefits, compensation, provision of benefits established by law, etc.

The second is the development and improvement of the system of social services for the population in need, including families with children.

The Program for the Socio-Economic Development of the Russian Federation for the medium term (2006 - 2008) identifies the following priority directions of state policy to improve the situation of children in the Russian Federation:

protection and promotion of health of children and adolescents;

prevention of social disadvantage in families with children;

increasing the efficiency of the state system of support for children in particularly difficult circumstances, including disabled children, orphans and children without parental care;

creating conditions for the active inclusion of children in the social, economic, and cultural life of society.

All constituent entities of the Russian Federation have adopted regional programs aimed at improving the situation of children.

As a result of the implementation of the federal target program "Children of Russia" for 2003 - 2006, a decrease in infant mortality was achieved (from 12.4 per 1000 live births in 2003 to 11 per 1000 live births in 2005), maternal mortality(from 31.9 per 100 thousand live births in 2003 to 30.5 per 100 thousand live births in 2005), reducing disability among children with chronic pathologies, strengthening the health of children and adolescents at all stages of development. Compared to 2003, in 2005 the number of street children decreased by 3.2 thousand people (4.27 thousand versus 7.5 thousand), children in difficult life situations - by 274 thousand people (676 thousand). against 950 thousand). In 2005, more than 440 thousand families with disabled children received assistance from social service institutions for families and children, which is 26 percent more than in 2003.

Within the framework of this federal target program, the construction and reconstruction of 42 maternity and childhood institutions, 77 institutions for orphans and children left without parental care, 60 orphanages for disabled children and rehabilitation centers for children with disabilities were carried out.

The implementation of the program made it possible to strengthen the material and technical base of more than 600 maternity and childhood institutions, 1,200 specialized institutions for minors in need of social rehabilitation, including centers for assistance to families with children and crisis centers for women, more than 500 educational institutions, 92 temporary detention centers for minors offenders of the internal affairs bodies, more than 50 educational colonies of the penal system of the Federal Penitentiary Service, more than 300 specialized institutions for disabled children, more than 400 institutions for orphans and children without parental care (equipped with vehicles, agricultural machinery, modern medical -preventive, rehabilitation, household technological and equipment).

Up to 120 one-time scholarships were paid annually to gifted children, and support was provided for 12 All-Russian and international subject Olympiads for children in order to identify young talents.

Thanks to the development of new forms of placing orphans and children left without parental care in families, the increase in the share of children placed in the care of citizens' families (adoption, guardianship, foster family) amounted to 9.1 percent during the period of program implementation. The implementation of the program at the federal level made it possible to annually improve the health and social status of about 4 million children, including every fourth disabled child, every tenth child in a difficult life situation, and every twelfth orphan child.

In recent years, there has been a tendency to reduce the number of homeless and neglected children. But it is premature to talk about the complete elimination of this negative social phenomenon, therefore the Program’s activities should be aimed not only at expanding the system of institutions for the prevention of neglect and homelessness, but also at improving its activities, improving the quality and accessibility of social services for children in difficult life situations, priority development of the prevention of family troubles.

One of the conditions for the successful functioning of a family and raising a child, reducing social tension in society is the development of the sphere of social support and social services for families and children.

The social significance of a number of problems related to the health of children in the Russian Federation indicates the need to solve them only through a program-targeted method. The identification and development of children’s natural inclinations should be carried out at all stages of their upbringing.

It is necessary to further ensure conditions conducive to maximizing the potential of gifted children, including the creation of a state system for identifying giftedness with early age, providing targeted support to each gifted child, developing individual “educational routes” taking into account the specifics of the child’s creative and intellectual abilities, as well as the formation of personal and professional self-determination.

The main areas of work with families and children today are:

development of the sphere of various types of social assistance and social services with an emphasis on strengthening targeting;

organization of social rehabilitation of children with disabilities;

prevention of social orphanhood and neglect of minors;

implementation of targeted programs to improve the situation of children;

carrying out activities aimed at improving the status of family and motherhood.

Chapter 2. Regulatory legal framework in the field of support for families with children

.1 Development of the regulatory legal framework to support families with children

family federal benefit program

Since the beginning of the last decade of the 20th century, Russia has entered into processes of socio-economic and political transformation, which have radically changed the institutions of government and socio-economic policy, necessitating the need to modernize the system of state support for families with children.

The first regulatory document regulating the activities of the Russian Federation in the field of state policy regarding family and children after the signing by the President of the Russian Federation (1992) of the UN Convention on the Rights of the Child and the Declaration of the Rights of the Child (1989), adopted by the UN, was the Decree of the President of the Russian Federation dated June 1, 1992 “On priority measures to implement the World Declaration on the Survival, Protection and Development of Children in the 90s.” Thanks to the Decree, ensuring children's rights became the basis for the formation of a new social and family policy.

In accordance with this Decree, since 1993, a new system for solving the most pressing national and regional problems of childhood on a program-targeted basis has been formed and is being implemented - through the development of the federal program “Children of Russia” and corresponding regional programs. These programs contain specific measures to improve the situation of orphans, disabled children, refugee children, children living in the North, children affected by the Chernobyl nuclear power plant accident, as well as on general problems of child protection (providing baby food, motherhood and childhood, prevention of neglect and juvenile delinquency, development of a system of social services for families and children, organization of summer holidays for children, etc.).

Federal programs for vaccination (implemented since 1994), AIDS prevention (since 1993), and countering the spread of drug addiction (since 1999) are also important for ensuring the health of families and children.

The Decree of the Council of Ministers - Government of the Russian Federation of August 23, 1993 “On the implementation of the UN Convention on the Rights of the Child and the World Declaration on the Survival, Protection and Development of Children” established a national mechanism for monitoring the achievement of the goals of the World Plan of Action in Russia: a Commission for Coordination of Works operates related to the implementation of the UN Convention on the Rights of the Child and the World Declaration on the Survival, Protection and Development of Children with the participation of representatives of ministries and departments of social orientation, scientists and the public, and it has also been established that in Russia a state report on the situation of children in Russian Federation, which contains monitoring of the situation of children in all spheres of life and analysis of the effectiveness of government policy measures regarding children.

Decree of the President of the Russian Federation dated September 14, 1995 No. 942 approved the “Main directions of state social policy to improve the situation of children in the Russian Federation until the year 2000” (National Action Plan for Children). The main goal of the National Action Plan for Children was to overcome negative trends, stabilize the situation of children and create real preconditions for further positive dynamics.

The legal protection of childhood has been identified as one of the most important areas for improving the living conditions of children. The following specific tasks were set:

a) bringing the legislation of the Russian Federation into conformity with the UN Convention on the Rights of the Child; determination of the legal status of the child, his right to life, development, upbringing in the family, health care, housing, favorable living conditions, education, recreation, sports, culture;

b) ensuring the protection of the child from all types of discrimination, respect for his interests, respect for his honor and dignity, humane treatment;

c) determining the responsibility of parents and other persons responsible for raising children;

d) strengthening the protection of personal property rights of children and adolescents.

Some of the norms provided for by the National Plan turned out to be unimplemented or were not fully implemented. To a certain extent, this is due to the difficult socio-economic situation in Russia and the lack of real sources of funding, as well as the inadequacy of the goals and practical measures of state family policy, and the state’s underestimation of the importance of state family policy as a social pillar for reforming the country by providing support for families.

Plans for specific activities for the phased implementation of the National Action Plan were approved in 1996 and 1998 by the Government of the Russian Federation.

Recognizing the importance of the family as a social institution, the UN declared 1994 the International Year of the Family. A special UN resolution formulated the theme of the Year of the Family: “Family: resources and responsibilities in a changing world”, and also formulated the basic principles, goals and concepts of national activities for holding the Year of the Family, set out the basic principles of family policy, as well as its main objectives.

In particular, the following principles of family policy, used in Russian legislation, are highlighted:

a) the family is the main unit of society and therefore deserves attention, protection and assistance in fulfilling its functions;

b) it is necessary to take into account the needs of all types of families, regardless of their functions, the diversity of preferences of social conditions;

c) it is necessary to promote the rights and freedoms of the individual, regardless of the status of each individual in the family, its type;

d) family policy should be aimed at promoting equality between men and women in the distribution of household responsibilities and equal opportunities in terms of employment;

e) Year of the Family events should take place at all levels of government;

f) Year of the Family programs should be aimed at assisting families in fulfilling their functions, and not at replacing these functions, strengthening the inherent strengths of the family, including the enormous potential for self-sufficiency, and encouraging independent activity in their interests.

The UN documents also formulate the following main objectives of family policy:

a) protection of the rights of the family to care for its elderly and sick members;

b) easing the situation of families of single parents who are forced to constantly combine work with parental responsibilities;

c) protecting families from poverty and deprivation, as well as negative impacts it is affected by changes in the agricultural sector, migration, urbanization of the economy, which often lead to the inability of the family to fulfill its tasks;

d) increasing the ability of families to make informed decisions regarding the intervals between births and the number of children;

e) preventing the development of drug addiction and alcoholism among family members;

f) creating conditions for the vocational education of women and young mothers;

g) review and revision of family legislation;

h) identification of factors contributing to the disintegration and destruction of the family;

i) prevention of domestic violence.

These approaches generalized the modern theory and practice of family policy in democratic countries of the world.

The basic constitutional laws establishing family rights in the Russian Federation include Family code Russian Federation (1995), Federal Law “On State Benefits for Citizens with Children” (1995), Federal Law “On Social Services for the Population in the Russian Federation” (1995), Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation” (1998 ), Labor Code of the Russian Federation (2002), Federal Law “On Labor Pensions in the Russian Federation” (2002), Federal Law “On State Pensions in the Russian Federation” (2002).

Before the adoption of the Code, the protection of children’s rights did not appear as a special task in the legislation on marriage and family. Now the child has the right to express his opinion on all issues relating to his life, to independently apply for the protection of his rights and interests, including in court.

For the first time, the Code stipulates the basics of legal protection against domestic violence. The introduction of this norm is a legislative response to increasing violence in the family.

Also, for the first time, the institution of a foster family was legislatively established, the institution of adoption was improved, the priority of family education of children was legislatively established, its forms were regulated in detail: adoption, guardianship and trusteeship, foster family (which did not exist before). A more flexible system for determining the amount of alimony has been established. The court is given the opportunity, taking into account compelling circumstances, to reduce or increase the amount of alimony established by law. The possibility of foreclosure on the payer's property and the conclusion of an agreement on the amount, conditions and procedure for paying alimony, as well as property liability for late payment, is provided for.

the federal law “On state benefits for citizens with children”came into force on May 19, 1995. For the first time, he brought together and streamlined at the level of federal law all the numerous types of state benefits and compensation for children and benefits in connection with the birth and upbringing of children, previously regulated by various regulatory documents (decrees, government regulations, subordinate acts). This made it possible to significantly simplify and unify the legislation, making it more understandable for the population and executive authorities.

In the 90s, in the process of socio-economic transformation of Russia, a new branch of social services for families with children was created for Russia. The beginning of this work is associated with Decree of the President of the Russian Federation of June 1, 1992 No. 543 “On measures to implement the World Declaration on the Survival, Protection and Development of Children in the 90s.”This Decree recommended that the executive authorities of the constituent entities of the Russian Federation promote the creation and strengthening of a territorial network of institutions of a new type of social assistance to families and children. The laws that determined the legal and organizational conditions for the provision of state social assistance to low-income families are the Federal Law “On the Fundamentals of Social Services for the Population in the Russian Federation,” adopted in November 1995, and the Federal Law “On state social assistance” dated July 17, 1999.

Of great importance in the legal support of state family policy and the protection of the rights of families and children are the relevant articles of the Civil Code of the Russian Federation (1994), the Labor Code of the Russian Federation (2002), the Housing Code of the RSFSR with appropriate amendments and additions, the Criminal Code of the Russian Federation (1996), Criminal Executive Code (1997). The Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens (1993), the Fundamentals of the legislation of the Russian Federation on labor protection (1993), the laws of the Russian Federation “On refugees” (1993), “On forced migrants” (1993), “On state guarantees and compensations” were adopted persons working and living in the regions of the Far North and equivalent areas" (1993), "On the social protection of disabled people in the Russian Federation" (1995), "On state support for youth and children's public associations" (1995), "On the development of state systems of prevention and delinquency among minors" (1997). There are also federal laws “On education” (1996), “On protecting the health of citizens” (1993), on social insurance, federal laws “On acts of civil status” (1997), “On freedom of conscience and religious associations”, “On public associations" (1995), "On the living wage in the Russian Federation" (1997) and many others.

Thus, the fundamental rights of the family, spouses and children to life, protection of honor and dignity, personal integrity, housing, education, freedom of movement, normal conditions and wages, social security and social services, health protection and medical care, access to cultural values.

Analysis of legislation in the field of state support for families with children allowed us to propose the following typology of support measures:

2. Payments in kind to families with children.

3. Various benefits, subsidies and compensation for families with children (labor, pension, tax, housing, transport, etc.).

4.Social services provided to families with children.

Direct state cash assistance to families in connection with birth and upbringing children are provided in the form of state cash benefits, scholarships, compensation payments, funds for the maintenance of children in foster families and pensions. It is paid in the form of:

State cash benefits for families with children;

government scholarships;

monthly compensation payments;

funds for the maintenance of children being raised in a foster family (food, purchase of clothing, shoes, equipment, household items, toys, books, personal hygiene items); - state pensions for children or taking into account dependent children.

The following features of direct cash assistance to families in connection with the birth and upbringing of children can be highlighted:

categorical approach(identifying categories of families that are especially in need of support). Thus, in order to protect the health of pregnant women, cash benefits are encouraged to register with an antenatal clinic in the early stages of pregnancy, which allows for monitoring the health of the pregnant woman and the fetus. Noteworthy is the identification of such preferential categories of families as families affected by radiation disasters, families of refugees and internally displaced persons, low-income families;

gradual transition from the categorical principle (taking into account the type of family and the characteristics of the life situation) to accounting for incomefamilies;

continuity of forms of support- maintaining a significant part of the cash payments introduced back in the Soviet period;

multiple sources of funding benefits:federal budget, budget of the Social Insurance Fund of the Russian Federation, budgets of the constituent entities of the Russian Federation, municipal budgets, extra-budgetary sources;

establishing payments in a fixed amount of money,Moreover, the amount of cash assistance is actually not related to the level of the family’s real needs for support (with the exception of maternity benefits, paid in the amount of average earnings as compensation for this earnings) and is paid taking into account the regional coefficient;

declarative principle of appointmentcash payments and the need to personally seek help;

assignment and payment of funds in various institutions:at the place of work, at the place of study, in bodies and institutions of social protection of the population.

Labor, pension, tax, housing, transport, health and other guarantees and benefits, compensation and subsidies for families with children . A feature of this form of state support for families with children is the right to benefits, compensation or subsidies only for certain categories of families with children and citizens, the priority of their provision to certain categories and provision free of charge or at half the cost, which creates certain benefits and privileges for these categories of the population . This form of state support for families with children includes:

Labor guarantees and benefits;

pension benefits for women;

transportation benefits for families and children;

subsidies and benefits for housing and utilities;

free subsidies for the construction and purchase of housing, as well as free provision of living space;

benefits for the admission and maintenance of children in preschool institutions;

rights and benefits in the field of family health;

tax benefits (either exemption from taxation of certain types of income, or standard tax deductions).

Social services for various categories of the population established in accordance with Federal Law No. 195-FZ of December 10, 1995 “On the fundamentals of social services for the population in the Russian Federation.” In accordance with this Law, such forms of social services are provided as financial assistance to citizens in difficult life situations, advisory assistance, social services at home, social services in inpatient institutions, temporary shelter in a specialized social service institution, organization of day care in social institutions services, rehabilitation services for disabled people. The peculiarity of social services as an independent form of social assistance to the population, including families with children, is that all of these types of social assistance to the population are provided by specialized social service institutions and, with the exception of material assistance, constitute social services. Social services include:

Financial assistance to citizens in difficult life situations;

Advisory assistance to clients of state social service institutions;

Social services at home and in inpatient institutions; - temporary shelter in a specialized social service institution;

day stay for minors in difficult life situations;

rehabilitation services for disabled people, persons with disabilities, juvenile offenders, and other citizens who find themselves in difficult life situations.

Social services to the population by state social service institutions is a relatively new form of social assistance to the population. The beginning of its formation as an integral system is associated with the processes of modern socio-economic transformation of Russia, although state boarding institutions for children, the elderly and disabled have existed for a long time, and the first day care centers and social shelters for children and adults appeared in the 80s.

In the 90s in the Russian Federation, the state created a new social sector for the rehabilitation of families and children in difficult life situations, which is an undoubted achievement.

Many acute social problems facing families determine the range of activities of territorial centers for social assistance to families and children. The dynamics of development of centers for social assistance to families and children in recent years indicates the growing authority of these institutions in various regions of Russia, their importance in solving pressing, urgent problems of family and childhood. It is these social service institutions that are able to provide effective and comprehensive assistance to families and children on a wide range of issues of their life, and prevent many negative manifestations related to the family’s performance of its functions.

2.2 New legislative initiatives to support motherhood and childhood

The President's Address to the Federal Assembly in 2006 gave new impetus to the development of the legislative framework in support of motherhood and childhood.

Since January 1, 2007, a number of regulatory legal acts have been adopted in the Russian Federation in support of motherhood and childhood, and social guarantees have been expanded for citizens with children.

The first of the legislative initiatives aimed at implementing the initiatives of the President of the Russian Federation was Federal Law No. 207-FZ of December 5, 2006 “On amendments to certain legislative acts of the Russian Federation regarding state support for citizens with children” and approved on December 30, 2006 N 865 “Regulations on the appointment and payment of state benefits to citizens with children”,

For the first time, the law established the right to child care benefits for all women. The specified benefit will be received by women when the child reaches the age of 1.5 years, both those subject to compulsory social insurance (working) and those not subject to it (not working). From January 1, 2007, the amount of this benefit was increased from 700 to 1,500 rubles for caring for the first child and 3,000 rubles for caring for the second and subsequent children, or 40% of the average earnings at the place of work for the last 12 calendar months preceding the month of the leave. child care. Payment of monthly child care benefits is made on the day the child turns one and a half years old. When calculating benefits, regional coefficients must be taken into account.

Mothers entitled to maternity leave during the period after childbirth are given the right to choose whether to receive a maternity benefit or a monthly child care benefit from the day the child is born.

Foreign citizens and stateless persons temporarily residing in the territory of the Russian Federation and subject to compulsory social insurance now also have the right to receive state benefits.

In addition to the 4 types of benefits that existed previously, the new kind benefits - a one-time benefit when placing a child in a family for upbringing (adoption, establishment of guardianship (trusteeship), transferring children without parental care for upbringing to a foster family). Its size, as well as the size of the one-time benefit for the birth of a child, will be 8,000 rubles. The right to receive a one-time benefit when placing a child in a family has the right to one of the adoptive parents, guardians (trustees), foster parents. The benefit is assigned and paid at the place of residence of one of the adoptive parents, guardians (trustees), adoptive parents by the body authorized to assign and pay this benefit in accordance with the legislation of the constituent entity of the Russian Federation. The source of financing payments is federal budget funds provided in the form of subventions to constituent entities of the Russian Federation from the Federal Compensation Fund.

From January 1, 2007, the procedure for financing expenses associated with the payment of child care benefits in double the amount until the child reaches the age of three years to citizens exposed to radiation as a result of the Chernobyl nuclear power plant disaster has been clarified.

The category of citizens whose benefits are paid at the expense of the Social Insurance Fund of the Russian Federation and federal budget funds transferred to the budget of the Social Insurance Fund of the Russian Federation until the child reaches the age of one and a half years is specified, as well as citizens whose benefits are paid at the expense of the federal budget funds transferred to the budget of the Social Insurance Fund of the Russian Federation, during the period of caring for a child aged from one and a half to three years. These categories of citizens include not only citizens on parental leave, but also citizens dismissed during parental leave due to the liquidation of organizations, termination of activities by individuals as individual entrepreneurs, termination of powers by private notaries and termination status of a lawyer, as well as in connection with the termination of activities by other individuals whose professional activity subject to state registration or licensing.

A separate category includes persons who actually care for a child and are not subject to compulsory social insurance during the period of caring for a child until he reaches the age of one and a half years and during the period of caring for a child aged from one and a half to three years. Financing of expenses associated with the payment of benefits to this category of citizens is carried out, respectively, from the federal budget, transferred to the budget of the Social Insurance Fund of the Russian Federation and from the federal budget (Resolution of the Government of the Russian Federation of December 30, 2006 N 871).

An important piece of legislation is the Federal Law of December 29, 2006 No. 256-FZ“On additional measures of state support for families with children.” According to the Law, from January 1, 2007, the right to additional measures of state support is provided for women who gave birth (adopted) a second child, and women who gave birth (adopted) a third or subsequent children (if they had not previously exercised the right to additional measures of state support). Additional government support measures are measures that provide the opportunity to improve living conditions, obtaining an education, as well as increasing the level of pension provision, taking into account the features established by the adopted Law. Also, the right to additional measures of state support can be used by men who are the sole adoptive parents of a second, third child or subsequent children who have not previously exercised the right to additional measures of state support, if the court decision on adoption entered into legal force starting from January 1, 2007.

The right to additional measures of state support can be exercised no earlier than three years from the date of birth (adoption) of the second, third child or subsequent children.

To implement additional measures of state support, federal budget funds are allocated and transferred to the budget Pension Fund RF, - maternal (family) capital. The size of maternal (family) capital is 250 thousand rubles, which, in turn, will be reviewed annually taking into account the rate of inflation and established by the federal law on the federal budget for the corresponding financial year. At the same time, the Pension Fund of the Russian Federation and its territorial bodies will consider applications for the issuance of a state certificate for maternity (family) capital, as well as check the validity of issuing documents certifying the right to additional measures of state support.

A person who has received a state certificate can decide to dispose of maternal (family) capital funds in full or in parts in the following areas:

improvement of living conditions;

education of the child (children). In this case, the funds (part of the funds) of maternal (family) capital can be used to obtain education for both the natural child (children) and the adopted child (children), including the first, second, third child and (or) subsequent children. The age of the child for whose education the amount (part of the amount) of maternal (family) capital may be allocated must not exceed 25 years at the time of starting training in the relevant educational program;

formation of the funded part of the labor pension for women who gave birth (adopted) a second child, or women who gave birth (adopted) a third child or subsequent children, if they had not previously exercised the right to additional measures of state support.

The right to additional measures of state support for families with children can be exercised by persons who will receive a state certificate for maternity (family) capital from 2007, no earlier than 2010, that is, three years later. In this regard, it has been established that an application for the disposal of funds (part of the funds) of maternal (family) capital in the first half of 2010 must be submitted to the authorities of the Pension Fund of the Russian Federation before October 1, 2009.

.3 Federal programs to support families and children

By Order of the Government of the Russian Federation dated January 26, 2007 No. 279-r, the Concept of the Federal Target Program was approved "Children of Russia" for 2007 - 2010 (hereinafter - the Program), including subprograms: "Healthy Generation", "Gifted Children" and "Children and Family".

The relevance of the federal target program "Children of Russia" for 2007 - 2010 (hereinafter referred to as the Program), its goals and objectives are determined based on the presence of childhood problems that have not been resolved within the framework of previous federal target programs, the need to ensure the implementation of the UN Convention on the Rights of the Child, and other international legal acts, the Concept of demographic development of the Russian Federation for the period until 2015.

The program is designed to provide an integrated approach to creating favorable conditions for improving the life and health of children, and to solving problems of dysfunctional families with children.

The difference between the Program and previously existing federal target programs will be as follows:

focus both on the support and development of children, and on the prevention of family dysfunction and support for families who find themselves in difficult life situations, primarily families with disabled children;

the use of modern technologies and innovations in solving problems of families with children in general and children in particular;

the focus of the goals and objectives, as well as the activities of the Program, on achieving results assessed by the main target indicators and indicators of the Program.

Previously existing federal target programs aimed at improving the situation of children in the Russian Federation provided for the coordination of the efforts of all interested structures and the pooling of various resources to solve the problems of children arising in the new socio-economic conditions.

The program-targeted method in implementing measures to improve the situation of children has proven its effectiveness at both the federal and regional levels. When implementing the Program, the implementation by constituent entities of the Russian Federation of regional program activities aimed at improving the situation of children is taken into account.

Programs at the federal and regional levels complement each other. During their implementation, joint financing and coordination of measures taken are carried out, which increases the efficiency of work with children living in a specific territory, which has its own capabilities and resources.

The goals of the Program are to create favorable conditions for the comprehensive development and functioning of children, and state support for children in difficult life situations.

The objectives of the Program are:

ensuring safe motherhood and the birth of healthy children, protecting the health of children and adolescents, including reproductive health;

prevention and reduction of child and adolescent morbidity, disability and mortality;

creation of a state system for identifying, developing and targeted support for gifted children, preserving the country’s national gene pool, developing the intellectual and creative potential of Russia;

prevention of social ill-being of families with children, protection of the rights and interests of children;

improving the system for preventing neglect and juvenile delinquency;

carrying out effective rehabilitation and adaptation of children in difficult life situations;

ensuring the full functioning of disabled children and their integration into society;

prevention of social orphanhood, a gradual transition from raising children in boarding institutions to family forms of placing orphans and children without parental care;

ensuring professional training and social protection of graduates of boarding-type children's institutions, developing a system of socialization of orphans and children left without parental care.

Achievement of these goals and objectives will be carried out within the framework of the implementation of subprograms " Healthy Generation", "Gifted Children", "Children and Family", included in the Program.

The purpose of the subroutine " Healthy generation"is to preserve, restore and strengthen the health of children and adolescents, instill in them skills healthy image life. The objectives of this subprogram are:

ensuring safe motherhood, creating conditions for the birth of healthy children;

introduction of high-tech methods for diagnosing and preventing hereditary diseases and congenital malformations in children;

protecting the health of children and adolescents, including reproductive health;

promotion of healthy lifestyles;

prevention of morbidity, disability and mortality in childhood and adolescence;

improving the health of children and adolescents living in the Far North and similar areas, providing children living in remote settlements with qualified diagnostic and therapeutic care.

The purpose of the subroutine "Gifted Children"is to provide favorable conditions for the creation of a unified state system for identifying, developing and targeted support for gifted children in various areas of intellectual and creative activity. The tasks of the subprogram are:

creation of a state system for identifying, developing and targeted support for gifted children, including on the basis of innovative technologies for identifying and supporting gifted children living in rural areas and settlements remote from large centers of culture, education, and science;

coordination of the activities of basic centers for working with gifted children and their support;

providing consulting assistance to parents and teachers working with gifted children;

formation of an information database about existing creative, intellectual resources of the future Russian society.

Subprogram goals "Children and Family"are the protection and improvement of the situation of children in difficult life situations, the prevention of social orphanhood and family dysfunction, a comprehensive solution to the problems of families with disabled children, ensuring their full functioning and integration with society, the development of family forms of placement for orphans. Subroutine "Children and family" will provide a comprehensive solution to the problems of socialization of children in difficult life situations.

Due to the specifics of the problems of various categories of children, within the framework of this subprogram the following areas are provided: “Prevention of neglect and juvenile delinquency”, “Family with disabled children”, “Orphans”.

Within the scope of the direction "Prevention of neglect and juvenile delinquency"

development of forms of prevention of social ill-being of families with children;

protection of the rights and interests of children;

strengthening the system for preventing neglect and juvenile delinquency;

development of innovative technologies and forms of prevention of neglect and juvenile delinquency, including in rural areas;

ensuring accessibility of social rehabilitation and adaptation of children who find themselves in difficult life situations;

creating conditions for creative development, health improvement and temporary employment of children in difficult life situations, as well as children living in the Far North and equivalent areas.

Within the scope of the direction "Family with disabled children"the following tasks are envisaged:

introduction of modern technologies into comprehensive rehabilitation in order to maximize the development of the mental and physical capabilities of disabled children;

assistance in providing resources to specialized institutions for children with disabilities in order to carry out comprehensive rehabilitation of disabled children;

ensuring territorial accessibility of comprehensive rehabilitation of children with disabilities;

introduction of methods of social adaptation of disabled children in a family environment.

Within the scope of the direction "Orphans"the following tasks are envisaged:

implementation at the federal level of a system of measures to promote and develop various forms of family placement for children left without parental care, providing assistance to citizens of the Russian Federation permanently residing on the territory of the Russian Federation who wish to adopt a child into a family;

development, testing and implementation of innovative technologies for protecting the rights of children without parental care;

creation of a system of psychological, pedagogical, medical and social support for orphans and children left without parental care in inpatient institutions, during the post-boarding period, as well as in foster families;

ensuring professional training, personal and professional self-determination of graduates of boarding schools, children from foster families through training in competitive professions.

Financing of the Program's activities is provided from the federal budget, as well as from the budgets of the constituent entities of the Russian Federation in the order of co-financing and subject to the development by the constituent entities of the Russian Federation of their own regional programs financed from their budgets.

The costs of implementing the Program (in prices of the corresponding years) from all sources of financing amount to 47,845.9 million rubles, of which from the federal budget - 10,101.7 million rubles, funds from the budgets of the constituent entities of the Russian Federation - 36,315.1 million rubles , funds from extra-budgetary sources - 1429.1 million rubles.

The Program is planned to be financed from the federal budget in the amount of 10,101.7 million rubles in the following areas:

capital investments - 6917 million rubles;

research and development work - 37.7 million rubles;

other needs - 3147 million rubles.

The volumes of annual financing of Program activities from the budgets of the constituent entities of the Russian Federation are agreed upon by the state customers of the subprograms with the executive authorities of the relevant constituent entities of the Russian Federation when concluding agreements (contracts) of intent.

The transfer to the constituent entities of the Russian Federation of material and technical means acquired from the federal budget is carried out by government customers of the Program in the manner established by the Government of the Russian Federation.

Extrabudgetary funds will be raised from funds public organizations and sponsorship funds.

The maximum (forecast) volumes of financing of the federal target program "Children of Russia" for 2007 - 2010 from the federal budget in the main areas and state customers are indicated in the table (see appendix).

Based on a preliminary assessment of the effectiveness of the proposed measures, the implementation of the Program’s activities as a whole will allow:

Improve the quality of life and health of children;

Increase the quality and accessibility of social services for families with children, primarily for families with disabled children;

Improve the state system of social protection and support for minors in order to ensure the provision of emergency and prompt assistance to children in difficult life situations, as well as long-term consistent work to support children in need of special care from the state.

Implementation of the activities of the subprogram " Healthy generation"will allow us to continue to improve state support for maternity and childhood services, increase the availability and quality of medical care for women and children, and achieve by 2011: reduce infant and maternal mortality rates; mortality rate of children aged 0 to 4 years (inclusive), reduce the rates of primary disability for children aged 0 to 17 years (inclusive).

During the implementation of the subprogram " Gifted children"a state system for identifying, developing and targeted support for gifted children will be created, covering up to 40 percent child population school age, aimed at preserving the country's national gene pool, forming a future highly professional elite in various fields of intellectual and creative activity. An information database about talented and gifted school-age children will be created in order to track their further personal and professional self-determination. The system of all-Russian competitive events to identify gifted children will be further developed. Innovative technologies will be developed and implemented to identify, develop and target support for gifted children, including those living in rural areas, in the Far North and equivalent areas.

Implementation of subprogram activities "Children and Family"will allow organizing an effective system of work to prevent family troubles and prevent social orphanhood, aimed at providing assistance to families in difficult life situations. The effectiveness of preventing neglect and juvenile delinquency is directly dependent on the development of the system of institutions providing social services, on the development and implementation of new technologies for working with families and children. As a result of the implementation of the activities of this subprogram, it is expected to increase the number of minors who have undergone social rehabilitation and found themselves in difficult life situations, which will create conditions that ensure a reduction in child homelessness and a significant reduction in the number of street children. The development and implementation of a set of activities of the Program will help improve the quality of life and health of children, solve problems of children's disadvantage, and provide state support for children in difficult life situations.

Chapter 3. Federal guarantees for families with children

3.1 State benefits for citizens with children

Federal Law "On State Benefits for Citizens with Children" dated May 19, 1995 N 81-FZ(with subsequent amendments and additions) establishes a unified system of state benefits for citizens with children in connection with their birth and upbringing, which provides state-guaranteed material support for motherhood, fatherhood and childhood.

This Federal Law applies to:

citizens of the Russian Federation living on the territory of the Russian Federation;

citizens of the Russian Federation performing military service under a contract, serving as privates and commanding officers in internal affairs bodies, in the State Fire Service, in institutions and bodies of the penal system, authorities for control of the circulation of narcotic drugs and psychotropic substances, customs authorities , and civilian personnel of military formations of the Russian Federation located on the territories of foreign states in cases provided for by international treaties of the Russian Federation;

permanently residing on the territory of the Russian Federation foreign citizens and stateless persons, as well as refugees (the paragraph does not apply to foreign citizens and stateless persons legally residing in the territory of the Russian Federation as of December 31, 2006;

foreign citizens and stateless persons temporarily residing on the territory of the Russian Federation and subject to compulsory social insurance.

Federal law establishes the following types of state benefits:

- maternity benefits;

a one-time benefit for women registered in medical institutions in the early stages of pregnancy;

lump sum benefit for the birth of a child;

monthly child care allowance;

monthly child benefit;

a one-time benefit when placing a child in a family for upbringing.

Payment of state benefits to citizens with children is made at the expense of:

funds of the Social Insurance Fund of the Russian Federation;

federal budget funds allocated in accordance with the established procedure to federal executive authorities;

funds from the federal budget, budgets of the constituent entities of the Russian Federation, allocated to educational institutions of primary vocational, secondary vocational and higher vocational education for the payment of scholarships in the form of maternity benefits, one-time benefits for women registered in medical institutions in the early stages of pregnancy;

funds from the budgets of the constituent entities of the Russian Federation in the form of a monthly child benefit;

federal budget funds allocated in accordance with the established procedure to the Social Insurance Fund of the Russian Federation;

subventions provided to the budgets of the constituent entities of the Russian Federation from the Federal Compensation Fund, formed as part of the federal budget, through the federal executive body performing the functions of managing state property, providing public services in the field of education, for the payment of a one-time benefit when placing a child in a family.

The amount of state benefits for citizens with children in regions and localities where regional coefficients for wages are established are determined using these coefficients, which are taken into account when calculating these benefits if they are not included in wages.

Maternity benefit

The following are entitled to maternity benefits:

women subject to compulsory social insurance, as well as women dismissed in connection with the liquidation of organizations, termination of activities by individuals as individual entrepreneurs, termination of powers by private notaries and termination of the status of a lawyer, as well as in connection with the termination of activities of other individuals whose professional activities in accordance with federal laws, is subject to state registration and (or) licensing during the twelve months preceding the day they are recognized as unemployed in the prescribed manner;

women studying full-time in educational institutions of primary vocational, secondary vocational and higher vocational education and institutions of postgraduate vocational education;

women performing military service under a contract, serving as privates and commanding officers in internal affairs bodies, in the State Fire Service, in institutions and bodies of the penal system, in agencies for control of the circulation of narcotic drugs and psychotropic substances, in customs authorities ;

women from among the civilian personnel of military formations of the Russian Federation located on the territories of foreign states in cases provided for by international treaties of the Russian Federation;

Maternity benefits are paid for a period of maternity leave of seventy (in the case of multiple pregnancy- eighty-four) calendar days before childbirth and seventy (in the case of complicated childbirth - eighty-six, for the birth of two or more children - one hundred and ten) calendar days after childbirth.

Maternity leave is calculated cumulatively and is provided to a woman completely regardless of the number of days actually used before giving birth.

When adopting a child (children) under the age of three months, maternity benefits are paid for the period from the date of adoption until the expiration of seventy calendar days (in the case of simultaneous adoption of two or more children - one hundred and ten calendar days) from the date of birth of the child (children). ).

The amount of the benefit is determined based on:

average earnings (income) at the place of work for the last 12 calendar months preceding the month of maternity leave, taking into account the conditions established by federal laws and other regulatory legal acts of the Russian Federation on compulsory social insurance - for women subject to compulsory social insurance, as well as women from among the civilian personnel of military formations of the Russian Federation located on the territories of foreign states in cases provided for by international treaties of the Russian Federation.

The maximum amount of maternity benefits for a full calendar month is 16,125 rubles in 2007. The size is established by Federal Law No. 255-FZ dated December 29, 2006;

300 rubles - to women dismissed in connection with the liquidation of organizations, termination of activities by individuals as individual entrepreneurs, termination of powers by private notaries and termination of the status of a lawyer, as well as in connection with the termination of activities by other individuals whose professional activities in accordance with federal laws are subject to state registration and (or) licensing, during the twelve months preceding the day they were recognized as unemployed in the prescribed manner;

scholarships - for women studying full-time in educational institutions of primary vocational, secondary vocational and higher vocational education and institutions of postgraduate vocational education;

monetary allowance - to women undergoing military service under a contract, serving as privates and commanding officers in internal affairs bodies, in the State Fire Service, in institutions and bodies of the penal system, in agencies for controlling the circulation of narcotic drugs and psychotropic substances, at the customs authorities.

One-time benefit for women registered in medical institutions in the early stages of pregnancy

Women who register with medical institutions in the early stages of pregnancy (up to twelve weeks) have the right to a one-time benefit in addition to the maternity benefit.

A one-time benefit for women registered in medical institutions in the early stages of pregnancy (up to twelve weeks) is paid in the amount of 300 rubles.

One-time benefit for the birth of a child

One of the parents or a person replacing him has the right to a lump sum benefit at the birth of a child.

In the event of the birth of two or more children, the specified benefit is paid for each child. A one-time benefit for the birth of a child is paid in the amount of 8,000 rubles.

One-time benefit when placing a child in a family

The right to a one-time allowance when placing a child in a family for upbringing (adoption, establishing guardianship (trusteeship), placing children without parental care in a foster family) if the parents are unknown, died, declared dead, deprived of parental rights, limited in parental rights, recognized as missing, incompetent (partially incompetent), for health reasons cannot personally raise and support a child, are serving their sentences in institutions executing sentences of imprisonment, are in places of detention of suspects and accused of committing crimes, evade raising children or protecting their rights and interests, or refused to take their child from educational, medical institutions, social welfare institutions and other similar institutions, has one of the adoptive parents, guardians (trustees), foster parents.

If two or more children are placed in foster care, the allowance is paid for each child.

A one-time benefit when placing a child in a family is paid in the amount of 8,000 rubles.

Monthly child care allowance

The following are entitled to a monthly child care allowance:

mothers or fathers, other relatives, guardians who actually care for the child, are subject to compulsory social insurance and are on parental leave;

mothers performing military service under contract, mothers or fathers serving as privates and commanding officers of internal affairs bodies, the State Fire Service, employees of institutions and bodies of the penal system, authorities for control of the circulation of narcotic drugs and psychotropic substances, customs authorities and those on parental leave;

mothers or fathers, other relatives, guardians actually caring for the child, from among the civilian personnel of military formations of the Russian Federation located on the territories of foreign states in cases provided for by international treaties of the Russian Federation, who are on parental leave;

mothers or fathers, other relatives, guardians actually caring for the child, dismissed during the period of parental leave due to the liquidation of organizations, termination of activities by individuals as individual entrepreneurs, termination of powers by private notaries and termination of the status of a lawyer, as well as in connection with the termination of activities by other individuals whose professional activities in accordance with federal laws are subject to state registration and (or) licensing, including those dismissed from organizations or military units located outside the Russian Federation, dismissed due to the expiration of their term employment contract in military units located outside the Russian Federation, as well as mothers dismissed during the period of parental leave in connection with the transfer of their husband from such units to the Russian Federation;

mothers dismissed during pregnancy, maternity leave in connection with the liquidation of organizations, termination of activities by individuals as individual entrepreneurs, termination of powers by private notaries and termination of the status of a lawyer, as well as in connection with the termination of activities of other individuals whose professional activities in accordance with federal laws, is subject to state registration and (or) licensing, including those dismissed from organizations or military units located outside the Russian Federation, dismissed due to the expiration of their employment contract in military units located outside the Russian Federation, or in connection with the transfer of the husband from such units to the Russian Federation;

mothers or fathers, guardians who actually care for the child and are not subject to compulsory social insurance (including full-time students in educational institutions of primary vocational, secondary vocational and higher vocational education and institutions of postgraduate vocational education and those on maternity leave child);

other relatives who actually care for the child and are not subject to compulsory social insurance, if the mother and (or) father died, were declared dead, were deprived of parental rights, had limited parental rights, were declared missing, incapacitated (limitedly capable), according to due to health reasons, they cannot personally raise and support a child, they are serving a sentence in institutions that carry out a prison sentence, they are in places of detention of suspects and accused of committing crimes, they are avoiding raising children or protecting their rights and interests, or they have refused to take their own children from educational, medical institutions, social protection institutions and other similar institutions.

The right to a monthly child care allowance is retained if the person on parental leave works part-time or at home, as well as in the case of continuing education.

Mothers entitled to maternity benefits, during the period after childbirth, have the right, from the day of birth of the child, to receive either a maternity benefit or a monthly child care benefit with credit for the previously paid maternity benefit if the amount of the benefit is for child care is higher than the amount of maternity benefits.

Persons entitled to receive a monthly child care benefit on several grounds are given the right to choose to receive benefits on one of the grounds.

If a child is cared for by several persons at the same time, the right to receive a monthly child care allowance is granted to one of these persons.

Monthly child care allowance is paid in the following amounts:

1,500 rubles for caring for the first child and 3,000 rubles for caring for the second child and subsequent children - to the persons specified in paragraphs six to eight of part one of Article 13 of Federal Law No. 81-FZ;

40 percent of the average earnings (income, salary) at the place of work (service) for the last 12 calendar months preceding the month of parental leave - to the persons specified in paragraphs two to five of part one of Article 13 of this Federal Law. At the same time, the minimum benefit amount is 1,500 rubles for caring for the first child and 3,000 rubles for caring for the second child and subsequent children. The maximum benefit amount cannot exceed 6,000 rubles for a full calendar month.

In districts and localities in which regional coefficients are applied to wages in accordance with the established procedure, the minimum and maximum amounts of the specified benefit are determined taking into account these coefficients.

In the case of caring for two or more children before they reach the age of one and a half years, the amount of the benefit calculated in accordance with parts one and two of this article is summed up. In this case, the summed amount of the benefit, calculated on the basis of average earnings (income, monetary allowance), cannot exceed 100 percent of the amount of the specified earnings (income, monetary allowance), but cannot be less than the summed minimum size benefits.

When determining the amount of the monthly allowance for caring for the second child and subsequent children, previous children born (adopted) by the mother of the child are taken into account.

In the case of caring for a child (children) born to a mother who was deprived of parental rights in relation to previous children, a monthly child care allowance is paid in the amounts established by this article, excluding children in respect of whom she was deprived of parental rights.

Monthly child benefit

The amount, procedure for assigning and paying monthly child benefits are established by laws and other regulatory legal acts of the constituent entity of the Russian Federation. (as amended by Federal Law dated August 22, 2004 N 122-FZ)

.2 Labor guarantees for employees with children

The Labor Code of the Russian Federation provides a number of guarantees for women who combine work and motherhood, as well as persons with family responsibilities.

Chapter 41 of the Labor Code of the Russian Federation is devoted to the peculiarities of regulating the labor of women and persons with family responsibilities. Articles 253-264 of the Labor Code of the Russian Federation establish guarantees related to motherhood provided to women, as well as to persons with family responsibilities.

In accordance with Article 254 of the Labor Code of the Russian Federation, pregnant women, in accordance with a medical report and at their request, have production standards and service standards reduced, or these women are transferred to another job that excludes the impact of adverse production factors, while maintaining the same earnings from their previous job. When pregnant women undergo mandatory medical examinations in medical institutions, they retain the average earnings at their place of work. Women with children under the age of 1.5 years, if it is impossible to perform their previous job, are transferred to another job with payment for the work performed, but not lower than the average earnings for the previous job until the child reaches the age of one and a half years.

Article 255 of the Labor Code of the Russian Federation regulates maternity leave. According to the norms of this article, women, upon their application and on the basis of a certificate of incapacity for work issued in the prescribed manner, are granted maternity leave for a duration of 70 (in the case of multiple pregnancy - 84) calendar days before childbirth and 70 (in the case of complicated childbirth - 86, at birth two or more children - 110) calendar days after childbirth with payment of compulsory social insurance benefits in the amount established by federal laws.

Upon application of a woman, she is granted maternity leave until she reaches the age of three years. Parental leave can be used in full or in part by the child's father, other relatives or a guardian actually caring for the child.

While on maternity leave, a woman or caregiver can work part-time or at home while maintaining the right to receive compulsory social insurance benefits.

During the period of parental leave, the employee retains his place of work (position).

The provisions of Article 257 of the Labor Code of the Russian Federation regulate the provision of leave to employees who have adopted a child.

Working women with children under the age of one and a half years are provided, in addition to breaks for rest and food, with additional breaks for feeding the child (children). Breaks for feeding children are included in working hours and are subject to payment in the amount of average earnings (Article 258 of the Labor Code of the Russian Federation).

Guarantees for pregnant women and persons with family responsibilities when sent on business trips, involved in overtime work, night work, weekends and holidays enshrined in Article 259 of the Labor Code of the Russian Federation,

Articles 260-261 of the Labor Code of the Russian Federation establish guarantees for women in connection with pregnancy and childbirth for the provision of leave, as well as women with children, and persons raising a child without a mother upon termination of an employment contract.

Article 262 of the Labor Code of the Russian Federation provides for additional days off for persons caring for disabled children and women working in rural areas.

Guarantees and benefits for persons raising children without a mother are enshrined in Article 264 of the Labor Code of the Russian Federation.

3.3 Payment of pensions and benefits in case of loss of a breadwinner

In accordance with Article 9 of the Federal Law of December 17, 2001 No. 173-FZ “ On labor pensions in the Russian Federation"the children of the deceased breadwinner and the spouse himself, who is caring for the children of the deceased breadwinner who have not reached the age of 14, are entitled to a pension in the event of the loss of a breadwinner. Children studying full-time in educational institutions of all types and types have the right to receive a pension until the age of 23.

In accordance with Part 1 of Article 137 Family Code of the Russian Federation,Adopted children enjoy the right to a pension in the event of the loss of a breadwinner on an equal basis with natural children, since they themselves and their offspring in relation to the adoptive parents and their relatives, as well as the adoptive parents themselves and their relatives in relation to adopted children and their offspring are equal in personal property and non-property rights and obligations to relatives by origin.

In accordance with Article 71 of the Family Code of the Russian Federation, deprivation of parental rights does not relieve one from the obligation to support a child, and thus, children whose parents were deprived of parental rights have the right to a pension in the event of the loss of a breadwinner.

A stepson and (or) stepdaughter have the right to a survivor's pension on the same basis as their own children, if they were raised and supported by their stepfathers and stepmothers.

Children of conscripts killed in the line of military service are guaranteed a monthly benefit along with receiving a survivor's pension. The rules for paying monthly benefits to those killed while performing conscription military service duties were approved by Decree of the Government of the Russian Federation of October 2, 2006 N 591.

These Rules determine the procedure for paying monthly benefits to the children of military personnel who died while performing conscription military service duties, including those recognized as missing in the prescribed manner or declared dead in accordance with:

paragraph four of paragraph 1 of the Decree of the Government of the Russian Federation of August 25, 1999 N 936 “On additional measures for social protection of family members of military personnel and employees of internal affairs bodies, the State Fire Service, who were directly involved in the fight against terrorism on the territory of the Republic of Dagestan and who died (missed) in the performance of official duties”;

subparagraph 4 of paragraph 1 of the Decree of the Government of the Russian Federation of September 1, 2000 N 650 “On measures for social protection of family members of military personnel who died while performing military service duties on the nuclear submarine cruiser “Kursk”;

paragraph 12 of the Decree of the Government of the Russian Federation of February 9, 2004 N 65 "On additional guarantees and compensation for military personnel and employees of federal executive authorities participating in counter-terrorism operations and ensuring law and order and public safety in the North Caucasus region of the Russian Federation."

Children of deceased (missing) military personnel and employees of internal affairs bodies, the State Fire Service, the penitentiary system until they reach the age of 18 years (if they became disabled before reaching the age of 18 years - regardless of age), and children studying in educational full-time education institutions - until the end of their studies, but no more than until they reach the age of 23 years, a monthly benefit payment in the amount of 650 rubles is guaranteed.

The amount of the benefit is subject to revision (increase, indexation) simultaneously with a centralized increase (indexation) of salaries for military positions of military personnel serving under a contract, taken into account as part of the monetary allowance when assigning a survivor's pension, by multiplying the amount of the benefit by the growth index of these salaries

Chapter 4. System of social support measures provided for families with children in the Leningrad region

.1 Providing benefits, compensation and social payments

Federal Law No. 95-FZ of July 4, 2003 “On amendments and additions to the Federal Law “On general principles organizations of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation"Issues of social services and social support for minors and families with children are classified as state powers exercised by state authorities of the constituent entities of the Russian Federation at the expense of regional funds.

Federal Law of August 22, 2004 No. 122-FZ “On amendments to the legislative acts of the Russian Federation and the recognition as repealed of some legislative acts of the Russian Federation in connection with the adoption of Federal Laws “On Amendments and Additions to the Federal Law “On General Principles of the Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation " and "On the general principles of organization local government In Russian federation"significantly changed the legal framework, converting benefits in kind into cash payments.

In this regard, the Committee on Labor and Social Protection of the Population during 2004-2006. Some work has been done to develop a regulatory framework for organizing social services for families and children.

On the territory of the Leningrad Region, regional laws and regulations are in force, providing for the provision of various types of benefits and compensation payments to families with children.

In accordance with regional law “On social support for families with children in the Leningrad region”from 01.12.2004 No. 103-oz social support for families with children from the regional budget is provided in the form of:

-one-time benefit to families upon the birth of a child;

-monthly allowance.

The law establishes the right to a monthly child benefit for one of the parents (adoptive parents, guardians, trustees) for each child born, adopted, taken under guardianship (trusteeship), living together with him/her, until he reaches the age of sixteen (for a student of a general education institution - up to completion of their education, but no more than until they reach the age of eighteen) in families with an average per capita income, the size of which does not exceed the subsistence level per capita established in the Leningrad region.

To determine the amount of the monthly child benefit, the cost of living for children established in the Leningrad region (living wage) for the second quarter of the year preceding the paid year is used.

The monthly child benefit amount is:

for a child aged three to seven years - five percent of the subsistence level;

for a child aged seven to sixteen years (eighteen years) - four percent of the subsistence level.

The amount of monthly child benefit increases:

100 percent - for children of single mothers;

by 50 percent - for children whose parents evade paying alimony, or in other cases provided for by the legislation of the Russian Federation, when the collection of alimony is impossible, as well as for children of military personnel serving in conscription.

The amount of the monthly allowance for the third and subsequent children from a large family increases by three percent of the subsistence level, but cannot be lower than 500 rubles for each age group. A one-time benefit for the birth of a child (adoption of a child under three months of age) is assigned and paid to one of the parents or a person replacing him, by the social protection authority at the place of residence of the family with the child. In order to stimulate the birth rate in the Leningrad region, the size of the one-time benefit for the birth of a child was increased from 6,000 rubles in 2006 to 10,000 rubles in 2007. Families living in the Leningrad Region have the right to it, regardless of family income.

In order to improve the social situation and provide conditions for the full upbringing, development and education of children from large families, from 01.01.2007. the regional law is in force on the territory of the Leningrad region “On social support for large families in the Leningrad region”dated November 17, 2006 No. 134-oz, which provides for the provision of social support measures to large families residing permanently in the Leningrad region. Large families are guaranteed:

monthly financial compensation in the amount of thirty percent of the cost of paying for residential premises and utilities (water supply, sewerage, removal of household and other waste, gas, electricity and heat), calculated based on the size of the regional standard for the standard area of ​​​​living premises and the size of the regional standard for the cost of housing and communal services services;

annual monetary compensation in the amount of thirty percent of the cost of fuel purchased within the limits established for sale to the public, and transport services for delivering this fuel to families living in houses that do not have central heating, in the manner established by the Government of the Leningrad Region;

annual monetary compensation in the amount of 1,500 rubles for each child studying in general education institutions (but not older than 18 years), for the purchase of a set of children's (teenage) clothes for attending school classes and school writing materials;

Free provision of prescription medications for children under six years of age;

preferential meals for children studying in general education institutions and primary vocational education institutions;

free travel on intracity transport (except taxis), as well as on suburban and intra-district buses for students of general education institutions;

priority admission of children to preschool educational institutions;

in the presence of medical indications providing, as a matter of priority, children with places in sanatorium-type children's institutions;

priority provision of services to children and parents in social service institutions;

According to estimates, about 4,455 families with children will apply for these social support measures. For 2007, the regional budget provides funding in the amount of 97.9 million rubles for these purposes.

Since January 1, 2005, the regional law of December 1, 2004 No. 105-oz has been implemented in the region “On state social assistance to low-income families and low-income citizens living alone in the Leningrad region.”Depending on the difficult life situation, the amount of state social assistance in the form of a one-time payment in 2005-2006 ranged from 300 rubles. up to 3000 rub.

For 2007, the amount of state social assistance has been increased and, depending on the difficult life situation, ranges from 500 to 4000 rubles. The categories of recipients have been expanded. State social assistance in the amount of 2,000 rubles is provided for children from low-income families who have lost their breadwinner, for large families, and for families with disabled children.

4.2 Social services for families and children

The development of the system of social services for families and children in the Leningrad region is carried out in accordance with the main provisions of state policy regarding families and children, the federal target program “Children of Russia for 2004-2006”, regional target programs: “Family” and “Disabled Children of the Leningrad Region” region", implemented from 2001 to 2006.

Regional laws were adopted on the territory of the region: “On social services for the population in the Leningrad region”No. 97-oz dated November 29, 2004; “On state standards of social services for the population in the Leningrad region” No. 44-oz dated June 30, 2006; Resolutions of the Government of the Leningrad Region “On approval of the list of guaranteed social services provided by state and municipal social service institutions for the population of the Leningrad region”No. 108 dated April 19, 2005; “On approval of the Regulations on the procedure and conditions for the provision of social services to minors and families with children in difficult life situations by social service institutions of the Leningrad Region”No. 159 of June 10, 2005; “On the organization and financing of activities related to the transportation of minors who left their families without permission, orphanages, boarding schools, special educational and other children’s institutions within the territory of the Leningrad Region”No. 273 dated November 1, 2005; Decree of the Government of the Leningrad Region dated February 13, 2006 No. 41 approved the cost and tariffs for social services provided to minor children and families with children in difficult life situations.

In accordance with the regional law “On vesting local government bodies of municipalities of the region with certain state powers of the Leningrad Region in the field of social protection of the population” No. 130-oz dated December 30, 2005, the powers to provide social services to minors and families with children were transferred to the administrations of municipalities .

In the Leningrad Region, a set of measures is being implemented to ensure qualitative changes in the activities of services and institutions that provide social support to families and children.

The process of optimization of social service institutions for families and children, which began in 2004, allowed for a more rational use of the property complex, material, technical and personnel base of social service institutions for families and children. During 2005-2006, the work on providing social services in institutions was streamlined:

a list of guaranteed social services provided free of charge to minors and families with children in difficult life situations has been established (social, social, legal, social, psychological, pedagogical, socio-economic, socio-medical);

the procedure for enrollment and provision of social services to minors and families with children in social protection institutions has been determined.

A technology for early detection and prevention of family problems has been developed and implemented in the region. In accordance with the order of the Governor of the Leningrad Region dated August 28, 2001 No. 396 - RG, every year the social protection authorities conduct the “Family” month of the complex operation “Teenager”. During the month, families are surveyed everywhere, the family data bank is adjusted, and social passports of families are compiled for microdistricts. All disadvantaged families are registered with the social protection authorities and are provided with the necessary support.

An automated information system has been created in the region for recording families and minors in difficult life situations, which allows quarterly to receive information about families and children in a socially dangerous situation. As of January 1, 2007, the social protection authorities registered 107.5 thousand families (including 152.2 thousand minor children) in difficult life situations, 4.6 thousand families (including 7,560 children) recognized those in a socially dangerous situation. This social base forms the basis for the activities of social protection authorities with families and children in preventive work, when planning the health and employment of minors, and in providing targeted social assistance.

Social support for minors and families with children is provided by the social protection authorities of the municipalities of the region and municipal institutions (departments) of social services for the population. As of January 1, 2007, the network of social service institutions for families and children in the Leningrad region is represented by 24 institutions (departments) for social services for families and children with 1,309 places for daytime and round-the-clock stay for children.

As a result of the implementation of federal and regional target programs, institutions are equipped with all the necessary household, technological rehabilitation equipment, which allows them to provide high-quality social services to families with children and minors and increase their volumes. Currently, institutions provide a full range of social - pedagogical, social - psychological, social - legal, social - everyday services in the departments of social rehabilitation and prevention of neglect. Open at social service institutions helpline services, social services are provided to families with children, including: advisory services. During 2006, social institutions served 70,280 people, including: 37,849 minors, of which 1,898 were disabled children and children with disabilities. In total, in 2006, 243.1 thousand social services were provided to minors and families with children in difficult life situations, which is 14% more than in 2005.

A developing form of providing long-term assistance to families in difficult life situations is social patronage of families as a system of relationships with the family initiated by an institution on the basis of its long-term services and the provision of a range of social services. In 2006, 8,144 families with children (10,527 children in them) were under the patronage of social workers, which is 23% more than in 2005.

The Committee on Labor and Social Protection of the Population of the Leningrad Region attaches great importance to the development of a system of family educational groups. During 2005, 235 adolescents were placed in permanent and temporary family educational groups, which is 14% more than in 2004 and 11% more than 2003. Of the total number, 98 family educational groups were opened for the summer period.

During 2006, specialized institutions for minors carried out preventive work with teenagers with suspended sentences serving their sentences in the Kolpino educational colony. There are 2,244 neglected minors, 4.6 thousand families in a socially dangerous situation, and more than 300 minors with suspended sentences registered with the social protection authorities of the region. In the Kolpino educational colony, out of a total of 223 people, there are 135 minors who arrived from the Leningrad region.

Development of technologies for working with juvenile offenders during 2003-2006. was carried out on the basis of the Kirov municipal district, which was chosen as a model territory under the European Union project “Development of the social services for vulnerable groups of the population." The project marked the beginning of cooperation between social services of municipal districts of the region and the Kolpinsky educational colony for minors. Specialists from social protection agencies of municipal districts use forms of preventive work with juvenile offenders:

Exchange of information about teenagers held in a colony and coordination of measures taken to support them;

providing material financial assistance to convicts in obtaining passports;

provision of social assistance to families of convicted minors, social patronage;

organizing meetings between social workers and inmates of the colony, presenting New Year's gifts.

One of the most important measures to prevent juvenile delinquency is the organization of health improvement and employment for children and adolescents in the summer.

In 2006, 11.4 thousand children and adolescents were covered by various forms of organized recreation, health improvement and employment.

Since January 1, 2006, the work of specialized institutions for minors has been carried out in accordance with the state order for social services for the population. When forming the state order for 2006, the emphasis was placed on increasing the volume of services for the prevention of neglect and juvenile delinquency provided to families with children. This is, first of all:

Expanding coverage of families with disadvantaged children preventive measures aimed at preventing neglect;

organization of social patronage of children and families by social educators;

increase and development of family educational groups;

strengthening interaction with services and institutions for accompanying minors and families in a socially dangerous situation;

intensification of preventive work with children registered in juvenile affairs units at the Central Internal Affairs Directorate, as well as probationers, pupils of correctional institutions and their families.

An analysis of the results of the development of social services for minors and families with children for 2004-2006 shows the following.

In the Leningrad region, a system of social services for minors and families with children has been created, which includes: identification of families and children in difficult life situations, social rehabilitation of neglected minors, provision of socio-psychological, socio-pedagogical, socio-medical, socio-legal services to minors and families with children, including on-line, organizing summer holidays and employment for children in difficult life situations, preventive measures aimed at strengthening the foundations of the family, promoting a healthy lifestyle.

A regulatory and legal framework for organizing social services for families and children and the activities of social protection institutions has been developed.

Accounting has been established and a data bank has been created for minors and families with children who are in a socially dangerous situation and in need of social support.

The material and technical base of social service institutions for families and children is equipped with the necessary rehabilitation, technological, and household equipment to ensure accommodation and rehabilitation.

New forms of social services have been developed and introduced into the practice of social protection institutions: social patronage of families with children, family educational group, open reception rooms for minors, hotlines, crisis services for women and children, clubs for young families, mutual support groups, schools for parents, summer labor-oriented health camps for children prone to delinquency.

Conditions have been created for social rehabilitation and socio-psychological support for children with disabilities and disabled children.

Forms of family placement for children left without parental care are being developed (family educational groups, family summer camp).

Improving social support measures

The processes taking place in society require new approaches to the implementation of tasks related to the prevention of family dysfunction, neglect of minors, and childhood disability.

Of decisive importance in the development of the system of social services for minors and families with children by expanding the range of social services and improving their quality is program “Development of the system of social services for families and children in the Leningrad region.The main goal of the program is to help improve the situation of families with children, create favorable conditions for the comprehensive development and life of children in difficult life situations.

Sub-goals of the program:

improving the quality of social services provided to minors and families with children, and bringing them to the level of developed quality standards;

development and implementation of new, effective forms of social services: network therapy for families with children in difficult life situations; socially - pedagogical support families with children, young families; social rehabilitation of minors in a family environment, training parents in methods of rehabilitation of disabled children; organizing the work of a social taxi to serve disabled children living in remote settlements, developing labor, creative skills and employment of disabled children.

strengthening preventive measures for social services for minors and families with children;

involvement of public structures and non-profit organizations in the work to prevent family troubles and social orphanhood;

The main tasks solved by the Program are:

increasing the coverage of children and families with preventive measures, increasing the effectiveness of measures to prevent family troubles and neglect of minors;

monitoring the quality of social services for families;

organizing and holding cultural events aimed at moral and spiritual education children in difficult life situations, their health improvement and promotion of a healthy lifestyle;

provision of social services to disabled children living in remote settlements and rural areas.

The program is developed on the basis of regional target programs:

"Disabled children of the Leningrad region for 2004-2006",approved by regional law No. 65-oz dated September 30, 2003;

"Family"for 2004-2006”, approved by regional law No. 76-oz dated October 16, 2003.

The effectiveness of the program is achieved through the joint implementation of the activities of this program and the activities of the following regional target programs:

“Priority directions for the development of education in the Leningrad region for 2006-2010”,approved by regional law No. 32-oz dated May 18, 2006 (program of the Committee of General and Professional Education of the Leningrad Region).

Regional target program “Prevention and control of diseases of a social nature and development of the material and technical base of healthcare institutions in the Leningrad region for 2005-2008”,approved by regional law No. 62-oz dated July 28, 2005, as amended as of February 21, 2006 (program of the Leningrad Region Health Committee):

Regional target program “Youth of the Leningrad Region for 2005-2008”,approved by regional law No. 185-oz dated November 10, 2004, as amended on September 12, 2006 (committee program for physical culture, sports, tourism and youth policy of the Leningrad region).

The program was developed taking into account the Forecast of socio-economic development of the Leningrad region until 2010. The Program’s activities are aimed at the prevention and correction of antisocial behavior in children and adolescents identified as a result of this operation; the Program includes activities for the “Family” month - stage 2 of Operation “Teenager”.

An analysis of the organization of the social service system for minor children and families in the Leningrad region shows the following:

There is insufficient coverage of minors and families with children in difficult life situations with various social support measures;

Social services provided to families with children are of insufficient quality;

3. the development of new forms of social rehabilitation and social support for minors and families with children is required in order to increase the effectiveness of measures to prevent family dysfunction and social orphanhood of children, including: network therapy for families with children in difficult life situations; social psychological and pedagogical support for families with children and young families; social rehabilitation of minors in a family environment, training parents in methods of rehabilitation of disabled children; organizing the work of a social taxi to serve disabled children living in remote settlements, developing methods for developing labor, creative skills and employment of disabled children;

Inaccessibility of social services to families with children in difficult life situations, including: disabled children living in rural areas.

IN long-term plan work of the Committee on Labor and Social Protection of the Population - adoption of the Regional Target Program “Development of a system of social services for families and children in difficult life situations in the Leningrad region for 2007-2010.”

The legal basis for the development of the Program is:

Federal Law of the Russian Federation of December 10, 2005 No. 195-FZ “On the basics of social services for the population in the Russian Federation.”

Law of the Russian Federation of July 24, 1998 No. 120- Federal Law “On the fundamentals of the system for preventing neglect and juvenile delinquency.”

Law of the Russian Federation of November 24, 1995 No. 181-FZ “On social protection of disabled people in the Russian Federation.”

Law of the Russian Federation “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs”dated July 21, 2005 No. 94-FZ.

Regional Law of February 19, 1999 No. 23-oz “On regional target programs of the Leningrad region.”

6. Regional law of November 29, 2004 No. 97-oz “On social services for the population in the Leningrad region.”

7.Decree of the Government of the Leningrad Region of March 3, 2006 No. 54 "About approval methodological recommendations on assessing the effectiveness of regional target programs of the Leningrad region."

The goal of the program is to help improve the situation of families with children, create favorable conditions for the comprehensive development and life of children in difficult life situations.

Main objectives of the Program:

increasing the coverage of children and families with children with preventive measures, increasing the effectiveness of measures to prevent family troubles and neglect of minors;

increasing the coverage of disabled children with social rehabilitation measures and increasing the effectiveness of measures taken for their social rehabilitation and integration into society;

providing social support to minors and families with children in difficult life situations;

monitoring the quality of social services for families with children;

organizing and conducting cultural events aimed at the moral and spiritual education of children in difficult life situations, their improvement and promotion of family principles and a healthy lifestyle. Providing social services to disabled children living in remote settlements and rural areas.

The implementation of the envisaged set of measures to support families with children will ultimately improve their social and legal situation.

Conclusion

The results of the study of the regulatory legal framework, analysis of Russian legislation and a set of measures in the field of state support for families with children, social services for families and children allow us to draw the following conclusions:

Since the beginning of the 90s, a new legislative framework for state support for families with children has been formed in the Russian Federation.

The main problem of the current state of the legislative framework in this area is a certain gap between progressive conceptual approaches, goals, priorities, principles of state support for families proclaimed in Russian laws and the actual amount of assistance. This gives the legislation a partially declarative character and reduces families’ trust in the state.

Direct monetary assistance to families in connection with the birth and upbringing of children in the form of state benefits, compensation payments, survivor's pensions for children, and other types of payments at the Federal level are established in the form of hard cash sums. Their size does not depend on the family’s real need for support for a specific case of need, but is determined by the financial capabilities of the state or other sources of financing social support measures.

A common problem in the legislative regulation of state support for families with children is the linking of most forms of support to family income, or more precisely, to the subsistence level. The presence of the shadow economy often makes it impossible to realistically assess family incomes and identify truly needy families with children. The solution to this problem lies beyond the capabilities of the social security and social services industry.

Insufficient reliability of funding sources established by law and their limitations for most types of support for families with children.

Norms for supporting the families of fire victims, victims of terrorist attacks, natural and man-made disasters, with the exception of radiation ones, are not established at the level of federal law. In each specific case, decisions are made at the level of municipalities, constituent entities of the Russian Federation, or the Russian Government.

Legislative and regulatory framework of the current system social payments, services and social support measures is a huge array of legislative acts with numerous amendments, which do not always clearly describe the procedure for providing social benefits and other forms of social support.

Not all families entitled to support receive it due to insufficient awareness of families, or the inaccessibility (absence) of institutions designed to provide assistance.

One of the main shortcomings of modern legislation is the lack of a clear mechanism for holding people accountable for failure to comply with the provisions of the laws.

An analysis of the organization of the social service system for minor children and families in the Leningrad region reveals the following shortcomings:

There is insufficient coverage of minor families with children in difficult life situations, including disabled children living in rural areas.

The provision of social services is not of sufficient quality;

These findings indicate the need to improve the legislative framework and the system of social support measures provided to families with children. In this regard, we can highlight the main directions for improving the system of legal guarantees provided for families with children:

1. Reform of social legislation towards further implementation of a targeted approach in the payment of state cash benefits and social services. A targeted approach should be expressed in providing assistance not to categories of families, but to individual families that really need help based on obtaining objective data on the situation of specific families.

It is advisable to consolidate in the legislation, along with the declarative principle, also the identifying principle of paying benefits and providing measures of social support to families with children. At the same time, it is necessary to legislate the creation of regional and federal databases on families and children in need of various types of state social support.

It is necessary to index the size and gradually increase the share of financial resources for the payment of cash benefits for children

It would be important to establish, and if it exists, to tighten the administrative and civil liability of social workers, officials for unreasonable refusal or improper fulfillment of the norms of state social assistance established by law for families with children.

It is important to consider the possibility of adopting a federal law on job quotas for low-income families with children (single parents with children, large families, student families with children, etc.).

It is necessary to systematize legislation, abolish declarative and contradictory norms, and reliable financial and organizational implementation mechanisms.

It is proposed to study the feasibility of adopting a federal law on federal guarantees of social protection and rehabilitation of individuals and families affected by terrorist attacks, armed conflicts, man-made and natural disasters.

Forms of organizing social services for families with children should be constantly improved and become available to all categories of families with children.

The Russian state and society must pay close attention to supporting families with children. The state and all civil society institutions must not only resolve urgent family problems and support low-income families, but also begin to develop and implement a long-term family policy strategy for all categories of families. Social policy should be based on the priorities of family values, family education of children, equality of men and women in all areas of life, including the family sphere. Solving family problems is the task of the entire society, citizen associations, and every Russian family. We need the consolidation of all healthy forces, increasing the role of civil society institutions, including local governments, public organizations, and families themselves in stabilizing and radically improving the situation of Russian families.

List of used literature

1. Constitution of the Russian Federation of December 12, 1993 (as amended by Decree of the President of the Russian Federation of 01/09/1996 No. 10 (RG No. 7, 1996), Decree of the President of the Russian Federation of 02/10/1996 No. 173 (RG No. 31, 1996) , Decree of the President of the Russian Federation dated June 9, 2001 No. 679 (RG No. 111, 2001), Decree of the President of the Russian Federation dated February 10, 2003 No. 841 (RG No. 151, 2003) // RG 1993. No. 197.

Civil Code of the Russian Federation of November 30, 1994 No. 51-FZ // SZ RF. 1996. No. 32. p. 3301.

3. Family Code of the Russian Federation of December 29, 1995 No. 223-FZ // SZ RF. 1996. No. 1. p.16.

Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ// Russian newspaper No. 256, December 31, 2001

On state benefits for citizens with children: Federal Law of May 19, 1995 No. 81-FZ (as amended on November 24, 1995, on June 18, 1996, on November 24, 1996, on December 30, 1996, on July 21, 1998, on July 29, 1998 , from 07/17/1999, from 07/10/2000, from 08/07/2000, from 05/30/2001, from 05/30/2001, from 12/28/2001, from 07/25/2002, from 08/22/2004, from 12/29/2004, from 22 .12.2005 , from 12/22/2005, from 12/22/2005, from 12/05/2006) // SZ RF. 1995. No. 21. Article 1929.

On social protection of disabled people in the Russian Federation: Federal Law of November 24, 1995 No. 181-FZ // SZ RF. 1995. No. 48. art. 4563.

8. On the cost of living in the Russian Federation: Federal Law of October 24, 1997 No. 134-FZ // SZ RF. 1997. No. 43.

On the basic guarantees of the rights of the child in the Russian Federation: Federal Law of July 24, 1998 No. 124-FZ // SZ RF. 1998. No. 31.

On the fundamentals of the system for preventing neglect and juvenile delinquency: Federal Law of June 24, 1999 No. 120-FZ//SZ RF. 1999. No. 26. art. 3177.

On state social assistance: Federal Law No. 178 of July 17, 1999 - Federal Law (as amended on August 22, 2004) // Russian newspaper No. 188 of August 31, 2004.

On labor pensions in the Russian Federation: Federal Law of December 17, 2001 No. 173-FZ // Russian newspaper No. 247 of December 20, 2001.

On the general principles of organizing local self-government in the Russian Federation: Federal Law of October 6, 2003 No. 131 - Federal Law // SZ RF. 2003. No. 40. Art. 3822.

On the introduction of amendments to the legislative acts of the Russian Federation and the recognition as invalid of some legislative acts of the Russian Federation in connection with the adoption of federal laws “On amendments and additions to the Federal Law “On the general principles of the organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation " and "On the general principles of organizing local self-government in the Russian Federation: Federal Law of August 22, 2004 No. 122 - FZ (as amended on November 29, 21, 29, 30 December 2004) // SZ RF. 2004. No. 35. Art. 3607.

On the basics of social services for the population in the Russian Federation: Federal Law of December 10, 2005 No. 195-FZ // SZ RF. 2005. No. 50.

On amendments to certain legislative acts of the Russian Federation regarding state support for citizens with children: Federal Law of December 5, 2006 No. 207-FZ // SZ RF. 2006. No. 50. Art. 5285.

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On the main directions of state family policy: Decree of the President of the Russian Federation of May 14, 1996 No. 712 // SZ RF. 05/20/2006. No. 2. Art. 2460

Address of the President to the Federal Assembly of the Russian Federation. - Moscow: Gross Media, 2006, - p.16.

Message of the President to the Federal Assembly of the Russian Federation // Russian newspaper No. 4353 of 04/27/2007.

21. On additional measures for the social protection of family members of military personnel and employees of internal affairs bodies, the State Fire Service, who were directly involved in the fight against terrorism on the territory of the Republic of Dagestan and who died (missed) in the performance of official duties: Decree of the Government of the Russian Federation of August 25, 1999 No. 936 // SZ RF. 1999. No. 35. art. 4321.

22. On measures for social protection of family members of military personnel who died while performing military service on the nuclear submarine "Kursk": Decree of the Government of the Russian Federation of September 1, 2000 No. 650// SZ RF. 2000. No. 36. art. 3883.

23. On additional guarantees and compensation for military personnel and employees of federal executive authorities participating in counter-terrorism operations and ensuring law and order and public safety in the North Caucasus region of the Russian Federation: Decree of the Government of the Russian Federation of February 9, 2004 No. 65// SZ RF. 2004. No. 7. art. 535.

Federal Target Program “Children of Russia” for 2007-2010: Decree of the Government of the Russian Federation of March 21, 2007 No. 172// SZ RF. 2007. No. 14. Art. 1688.

On regional target programs of the Leningrad region: Law of the Leningrad region of February 19, 1999 No. 23-oz // Bulletin of the Government of the Leningrad region. 1999. No. 5.

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On the organization and financing of activities related to the transportation of minors who left their families without permission, orphanages, boarding schools, special educational and other children's institutions within the territory of the Leningrad Region: Resolution of the Government of the Leningrad Region dated November 1, 2005 No. 273// Vestnik Government of the Leningrad region. 2005. No. 273.

30. On the vesting of local self-government bodies of municipalities of the region with certain state powers of the Leningrad Region in the field of social protection of the population: Law of the Leningrad Region of December 30, 2005 No. 130-oz // Bulletin of the Government of the Leningrad Region. 2005. No. 69.

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The main problem of the current state of the legislative framework in this area is a certain gap between progressive conceptual approaches, goals, priorities, principles of state support for families proclaimed in Russian laws and the actual amount of assistance. This gives the legislation a partially declarative character and reduces families’ trust in the state.

Direct monetary assistance to families in connection with the birth and upbringing of children in the form of state benefits, compensation payments, survivor's pensions for children, and other types of payments at the Federal level are established in the form of hard cash sums. Their size does not depend on the family’s real need for support for a specific case of need, but is determined by the financial capabilities of the state or other sources of financing social support measures.

A common problem in the legislative regulation of state support for families with children is the linking of most forms of support to family income, or more precisely, to the subsistence level. The presence of the shadow economy often makes it impossible to realistically assess family incomes and identify truly needy families with children. The solution to this problem lies beyond the capabilities of the social security and social services industry.

Insufficient reliability of funding sources established by law and their limitations for most types of support for families with children.

Norms for supporting the families of fire victims, victims of terrorist attacks, natural and man-made disasters, with the exception of radiation ones, are not established at the level of federal law. In each specific case, decisions are made at the level of municipalities, constituent entities of the Russian Federation, or the Russian Government.

The legislative and regulatory framework of the current system of social payments, services and social support measures is a huge array of legislative acts with numerous amendments that do not always clearly describe the procedure for providing social payments and other forms of social support.

Not all families entitled to support receive it due to insufficient awareness of families, or the inaccessibility (absence) of institutions designed to provide assistance.

One of the main shortcomings of modern legislation is the lack of a clear mechanism for holding people accountable for failure to comply with the provisions of the laws.

These findings indicate the need to improve the legislative framework and the system of social support measures provided to families with children. In this regard, we can highlight the main directions for improving the system of legal guarantees provided for families with children:

Reforming social legislation towards further implementation of a targeted approach in the payment of state cash benefits and social services. A targeted approach should be expressed in providing assistance not to categories of families, but to individual families that really need help based on obtaining objective data on the situation of specific families.

It is advisable to consolidate in the legislation, along with the declarative principle, also the identifying principle of paying benefits and providing measures of social support to families with children. At the same time, it is necessary to legislate the creation of regional and federal databases on families and children in need of various types of state social support.

It is necessary to index the size and gradually increase the share of financial resources for the payment of cash benefits for children

It is important to consider the possibility of adopting a federal law on job quotas for low-income families with children (single parents with children, large families, student families with children, etc.).

It is necessary to systematize legislation, abolish declarative and contradictory norms, and reliable financial and organizational implementation mechanisms.

The Russian state and society should pay close attention to supporting families with children. Social policy should be based on the priorities of family values, family education of children, equality of men and women in all areas of life, including the family sphere. Solving family problems is the task of the entire society, citizen associations, and every Russian family. We need the consolidation of all healthy forces, increasing the role of civil society institutions, including local governments, public organizations, and families themselves in stabilizing and radically improving the situation of Russian families.

The Russian state and society must pay close attention to supporting families with children. The state and all civil society institutions must not only resolve urgent family problems, but also begin to develop and implement a long-term family policy strategy for all categories of families. Social policy should be based on the priorities of family values, family education of children, equality of men and women in all areas of life, including the family sphere. Solving family problems is the task of the entire society, citizen associations, and every Russian family. We need to consolidate all healthy forces, increase the role of civil society institutions, including local governments, public organizations, and families themselves in stabilizing and radically improving the situation of Russian families.

The most important task of family policy should be the development and implementation of strategies and mechanisms that make it possible to actively develop the potential of the family based on improving its relations with the state and more fully realizing institutional rights and needs. Family policy, complementing and deepening general social measures, is designed to help solve specific family problems.

Currently social workers are engaged in providing assistance to the family, mainly at the stage of crisis, at the time of conflict or disintegration. But the majority of people are still working on preventing family dysfunctions. social institutions unable. Meanwhile, this is one of the most important tasks social work stable society.

Conclusion

As a result of the work done, we come to the following conclusions:

1. The social security system for families with children fully complies with the general social security system established in the Russian Federation and the concept of social security for families with children should be built within the framework of existing concepts of social security. The family, parents, legal representatives of children, children themselves act only as special subjects of provision or “certain categories of citizens” in the general social security system;

2. The structure of social security for families with children has changed significantly in light of modern economic realities. First of all, this concerns the system of financing and management, which is caused by a fundamentally new approach of the legislator to the issues of division of powers in the field of social protection, as well as social security between federal government bodies and government bodies of the constituent entities of the Russian Federation. The Russian Federation is currently the guarantor of cash payments to families with children in relation to pensions, compulsory social insurance benefits, and certain types of benefits for raising children. In addition, the Russian Federation is responsible for a number of payments to families of military personnel with children. The provision of social services to families with children, its types, forms and amounts of payment for social services are almost fully regulated by the legislation of the constituent entities of the Russian Federation, without having any legislative support in the form of certain standards or guarantees at the federal level;

3. Legal relations arising in social security law in connection with motherhood and childhood are characterized by a variety of subjects, among which the main ones can be identified: persons with legal personality (mothers, fathers entitled to child care benefits, etc.); persons who have legal capacity, but do not have legal capacity (children of a deceased breadwinner up to a certain age, the onset of which the law determines the presence of legal capacity, minors who find themselves in a difficult life situation, etc.); a family that has legal capacity in cases specified by law (a low-income family when providing state social assistance, a large family when providing certain measures of social support);

4. Cash payments to families with children are assigned and paid primarily from public funds; most of the social security costs come from federal non-budgetary insurance funds.

The need to improve family policy at the regional and local level is determined, first of all, by social needs. By its nature and purpose, the family is an ally of society in solving its fundamental problems, establishing moral principles, socializing children, developing culture and the economy. Society is interested in an active family, capable of developing and implementing its own life strategy, ensuring not only its survival, but also development.

It is necessary to develop family and demographic policy measures that will be adequate to resolve existing demographic problems. Otherwise, the family as a social institution will be increasingly destroyed, and the country's population will decline in conditions of low birth rates.

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INTRODUCTION 3
CHAPTER 1. THEORETICAL AND METHODOLOGICAL FOUNDATIONS FOR IMPLEMENTING SOCIAL SECURITY FOR FAMILIES WITH CHILDREN 5
§1. The essence of social security for families with children and its types 5
§2. Classification of benefits provided to families with children 11
CHAPTER 2. ANALYSIS OF THE CURRENT STATE OF SOCIAL SECURITY FOR FAMILIES WITH CHILDREN 18
§1. Analysis of state family policy in the field of maternity support 18
§2. Federal programs to support families with children 33
CHAPTER 3. WAYS TO IMPROVE SOCIAL SECURITY FOR FAMILIES WITH CHILDREN 41
CONCLUSION 52
REFERENCES 56
APPLICATIONS 60

Excerpt from the work:

Some abstracts from work on the topic Social security for families with children
INTRODUCTION

The relevance of the research topic is based on the fact that a special place in the general system of social security of the population of the Russian Federation is occupied by the system of social protection of the family, and above all, families with children. This is due to the position she occupies in society. In the human community, the family is a fundamental institution, the most important social value, the natural primary unit of society. It is the situation of families with children, their standard of living and social security that are the most important indicators of the social maturity of society, its civilization and moral health. The social security of families with children and the performance of their functions determine the prospects for the development of society and its future.
Currently, the modern demographic situation, the standard of living of families with children is currently of particular concern and requires immediate improvement of the socio-economic potential of the family, taking measures aimed at improving the socio-demographic situation in the country. By the beginning of the 21st century, Russia approached the state of a steady process of depopulation, having one of the highest rates of natural population decline in the world. During 2000-2013, the population of the Russian Federation decreased by 5.8 million people. or by 4%. The present time is characterized by low birth rates, widespread one-child families, and deteriorating reproductive health of the population. To ensure population reproduction and generation replacement, the total fertility rate (average number of children, born of a woman reproductive age) should be 2.14. In the Russian Federation in 2013, this figure was only 1.28.
CHAPTER 1. THEORETICAL AND METHODOLOGICAL FOUNDATIONS FOR IMPLEMENTING SOCIAL SECURITY FOR FAMILIES WITH CHILDREN

§1. The essence of social security for families with children and its types

Social security for families with children is a system of state social policy aimed at providing material support for citizens from the state budget and special extra-budgetary funds with the aim of equalizing the social status of citizens in comparison with other members of society. The views on the subject composition of recipients of child benefits existing in the science of social security law do not provide an unambiguous answer. It is considered that the subject of family benefits is:
– family with children in general
- children)
– the child’s parents or persons replacing them
– child (children) and mother or persons replacing her (depending on the type of benefits).
In economics and legal science, the concept of social security is interpreted ambiguously and is still not generally accepted.
In the literature one can find the opinion that the term “social security” in the meaning of a set of government measures to provide for needy citizens currently has, rather, a historical character, since it refers only to a certain period of the 20th century. In the last decade, the authors believe, there has been a tendency to use the expression “social protection” as a general term in this area of ​​government activity, and this expression has replaced the term “social security”.
CONCLUSION

The process of demographic and family modernization, which captured everything in the twentieth century the developed countries and Russia, led to the fact that the center of gravity of social control over the demographic and family behavior of people began to move from the institutional-collective level to the individual: control over the individual by the state, church or rural community gradually gives way to self-control, thereby sharply expanding the freedom of the individual a person’s choice in everything that concerns his personal life. As this happens, the old system of relations, norms, institutions, adapted to the previous methods of control “from the outside,” finds itself in crisis.
A decline in the birth rate, a decrease in the number of registered marriages, the spread of free unions and other forms life together, weakening of the strength of marriage and an increase in the number of divorces and out-of-wedlock births, the increasingly obvious replacement of family solidarity with social solidarity, the emancipation of children and the elderly, the liberalization of family mores, the flexibility of family morality - these are the signs of the latest changes that have affected all stages of formation modern family, affected all aspects of her life and fit very poorly into the seemingly unshakable archaic norms of human society. Often these changes are perceived as evidence of a severe crisis in the modern family and even in the entire modern society.
Mothers and children are those categories of the population of any country who need special support and care from the state, because The future of the country, its demographic status, the amount of working human resources – and, in general, the economic, social and cultural prosperity of the state – directly depend on them. Moreover, at the present time, when the population of Russia is declining every year, and, if drastic measures are not taken, then, according to researchers, by 2050 the population of Russia will be approximately 101 million people - today this figure is about 143 million.

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(legal issues)

Specialty 12.00.05 – labor law;

Ekaterinburg 2007

The work was completed at the department social law, state and municipal service of the state educational institution of higher professional education "Ural State Law Academy"

Scientific director– Doctor of Law, Professor Shaikhatdinov Vladimir Shamilevich

Official opponents: Doctor of Law, Professor Buyanova Marina Olegovna, Candidate of Law, Associate Professor Bulatov Viktor Alekseevich

Leading organization– Saratov State Academy of Law

The defense will take place on April 19, 2007 at 15:00. 00 min. at a meeting of the dissertation council D.212.282.02 at the Ural State Law Academy at the address: 620066, Ekaterinburg, st. Komsomolskaya, 21, council meeting room.

The dissertation can be found in the library of the Ural State Law Academy.

Scientific secretary of the dissertation council, Doctor of Law, Professor S. Yu. Golovina

GENERAL DESCRIPTION OF WORK

Relevance research topics. International normative legal acts establish the right of the family to be provided with the widest protection and assistance, mainly during its education and for the time and while it is responsible for the care of minor children and their upbringing, the right to special protection for mothers for a reasonable period before and after childbirth Among the priority tasks for the entire world community, as noted in the International Covenant on Economic, Social and Cultural Rights, is “protecting the family from poverty and deprivation, from negative impacts and changes related to the economy; improving the situation of single-parent families, families with one breadwinner.”

The social policy of the Russian state in relation to families with children is determined by the Constitution of the Russian Federation.

Article 38 of the Constitution indicates that motherhood and childhood, the family are under the protection of the state. State family policy, being an important area of ​​modern social policy, is a set of targeted measures implemented at the federal and regional levels in relation to the institution of family. The Federal Law of July 24, 1998 “On the Basic Guarantees of the Rights of the Child in the Russian Federation” emphasizes that state policy in the interests of children is a priority, one of its principles is supporting the family in order to ensure the full upbringing of children, protecting their rights, preparing them To full life in society.

In our country, the current demographic situation and the standard of living of families with children are currently of particular concern and require immediate improvement of the socio-economic potential of the family. By the beginning of the 21st century. Russia approached in a state of a steady process of depopulation, having one of the highest rates of natural population decline in the world. In 1993–2005 The population of the Russian Federation decreased by 5.8 million people, or 4%. The present time is characterized by low birth rates, widespread one-child families, and deteriorating reproductive health of the population. To ensure population reproduction and generation replacement, the total fertility rate (the average number of children born to a woman of reproductive age) should be 2.14. In the Russian Federation in 2005, this figure was only 1.29.

The 2006 State Report “On the Situation of Children in the Russian Federation” indicated that the number of children under the age of 18 as of January 1, 2005 amounted to 29.1 million people. – this is a fifth of the population of Russia. For 2001–2004 the number of children decreased by 4.4 million people. This reduction is due to the low birth rate simultaneously with the coming of age of teenagers born in the mid-80s. last century, when the country's birth rate was the highest in the last 40 years.

Issues of supporting motherhood, paternity and childhood, strengthening the family as one of the directions for solving the demographic problem were outlined by the President of the Russian Federation in his 2006 Address to the Federal Assembly. The proposed program contains a whole range of measures aimed at state support for families with children. Since January 2007, regulations have come into force providing for a significant increase in child care benefits, the cost of birth certificates, and compensation for the costs of preschool education.

In order to ensure the priority of placement into a family of children left without parental care, a one-time allowance has been established for the transfer of a child to be raised in a family; a minimum standard has been determined at the federal level for the maintenance of children in the families of guardians (trustees), foster parents, as well as for the payment of labor for foster parents parents. As an additional measure of state support for families with children, the provision of basic maternity (family) capital has been introduced.

Pensions, benefits and compensation payments to families with children are the most significant institutions in the social security system. Social services for families and children are becoming increasingly developed, its forms are being improved, and new types of institutions providing social services have emerged. Social service institutions for families and children are actively working to solve the problems of child neglect, prevention of juvenile delinquency, “social orphanhood”, providing relevant services; The institution of state social assistance plays a significant role in relation to the social security of families with children.

At the same time, federal legislation regulating social security issues is more focused on the elderly, which is a consequence of the long-term priority social security policy aimed at supporting the older generation.

Moreover, the federal legislator has provided for mandatory continuity of norms when transferring certain powers in the field of social security to constituent entities of the Russian Federation, and as a result, this trend is also observed in regional lawmaking. In addition, regulations governing the provision of social security to families with children are disjointed, and there is a multiplicity of bodies and sources for the provision of social security. The unresolved nature of these and other questions predetermined the choice of the research topic.

State of scientific development of the topic. Certain issues of the topic were analyzed in the works of E. G. Azarova, K. S. Batygin, A. L. Blagodir, V. P. Galaganov, R. I. Ivanova, Yu. A. Korolev, A. M. Nechaeva, M. I. Polupanova, G. I. Potsheba, L. S. Rzhanitsina, V. K. Subbotenko, E. V. Sosnova, E. P. Frolova and other authors, but they were all based on previously existing legislation. There are currently no comprehensive studies on this topic.

Purpose and tasks research. The purpose of this dissertation is a systematic scientific analysis of the legislation of the Russian Federation and the constituent entities of the Russian Federation regulating the provision of pensions, certain types of benefits, social services, state social assistance to families with children, as well as the development on this basis of proposals aimed at improving legislation in in the field of social security for families and children. Achieving this goal involves solving the following tasks:

consideration of the history of the development of legislation on social security for families with children in the Russian Federation;

research of the concept of social security for families with children, determination of its place in the social security system of the Russian Federation and its structure;

disclosure of the features of the sources of law regulating the provision of certain types of social security to families with children at the level of the Russian Federation and constituent entities of the Russian Federation;

identifying the peculiarities of the legal status of citizens as subjects of legal relations arising regarding the provision of pensions, benefits, social assistance and social services to families with children;

research into legal issues of pension provision for families with children, providing them with benefits and other social benefits, providing them with social services;

substantiation of the need to make changes and additions to regulations governing the conditions and procedure for providing certain types of social security to families with children.

Object and subject of research. The object of the study is the social security of families with children in the Russian Federation, the subject is international, Russian legislative and by-laws, as well as regulatory legal acts of the constituent entities of the Russian Federation in the field of social security of families with children, the provisions of legal science on this issue.

Methodological basis and research methods. The dissertation work is based on methods of empirical and theoretical research, traditional dialectical and formal logic.

Theoretical basis of the dissertation. When conducting this research, the works of domestic scientists on the theory of state and law (S. S. Alekseeva, V. D. Perevalov), on constitutional law (M. I. Kukushkina, A. N. Kokotova, S. E. Nesmeyanova, A. N. Sagindykova, M. S. Salikova); labor law and social security law (E. G. Azarova, K. S. Batygina, L. Yu. Bugrova, M. O. Buyanova, M. L. Zakharova, R. I. Ivanova, T. V. Ivankina, S. Y. Golovina, K. N. Gusova, M. V. Lushnikova, E. E. Machulskaya, M. V. Molodtsova, S. V. Naimushina, N. M. Salikova, E. G. Tuchkova, M. Yu . Fedorova, V. Sh. Shaikhatdinova), in the field of family law (N. V. Letova, G. L. Osokina, A. M. Nechaeva), in administrative law (D. N. Bakhrakha, V. P. Novoselova) and etc.

Information basis of the study. The information basis of the work consists of the provisions of international legal acts on human rights, legislation of the Soviet and post-Soviet periods in the field of social security for families with children, including the legislation of the constituent entities of the Russian Federation, as well as by-laws on the issue under study. In addition, the work analyzed scientific and educational literature, practice materials, and statistical data.

Empirical basis of the study. The empirical basis of the study consists of materials from the law enforcement activities of the Ministry of Social Protection of the Population and territorial departments of social protection of the population of the Sverdlovsk region, social service institutions for families and children on the provision of benefits to families with children, state social assistance, social services and other social support measures, as well as the Pension Department Fund of the Russian Federation in the Sverdlovsk Region - in terms of pension provision for children, Branch of the Social Insurance Fund of the Russian Federation in the Sverdlovsk Region - in terms of benefits provided from social insurance funds. When writing the work, the author’s personal experience was used, acquired through participation in the preparation of draft regulatory legal acts of the Sverdlovsk region (draft laws of the Sverdlovsk region “On monthly child allowance”, “On monthly allowance to a guardian (trustee) for the maintenance of a child”, “On the provision of the field of state social assistance to low-income families, low-income citizens living alone, rehabilitated persons and persons recognized as victims of political repression"), as well as draft resolutions of the Government of the Sverdlovsk Region on the implementation of these and a number of other laws.

Scientific novelty dissertations. The study represents the first systematic consideration in the science of social security law of the theoretical foundations of social security for families with children, normative legal acts regulating the social security of families with children, as well as (taking into account the special legal nature of the child) the social and legal status of citizens as subjects of legal relations in law social security in connection with motherhood and childhood.

Submitted for defense the following provisions.

1. The history of the development of legislation on social security for families with children indicates its continuity, a response to the demographic situation and socio-economic situation in the country at certain stages of the state’s development. At the same time, it is noted that in recent years the institution of state benefits for citizens with children has practically lost its socio-economic significance due to the insignificant size of these benefits.

2. The necessity of introducing amendments to the Federal Law of May 19, 1995 “On State Benefits for Citizens with Children” is substantiated in terms of the appointment and payment of benefits for minor children during the search for their parents evading payment of alimony, as well as benefits for HIV-infected minors , which were provided for by law before January 1, 1994.

3. An analysis of international documents related to the situation of families with children has made it possible to identify fundamental principles that should be taken into account when deciding on the provision of social security to these families. For the most part, Russian legislation regulating social security for families with children complies with them.

4. The need to reflect in the Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation”, as one of the principles of state policy in the interests of children, such a fundamental principle enshrined in international legislation as “use of the benefits of social security”, which will contribute to the realization of the right to healthy growth and development, special care and health of the child and mother, as well as the child's rights to adequate nutrition and health care.

5. The increasing importance in the current demographic situation of social security for families with children as an integral part of the social security system that has developed in the Russian Federation is substantiated.

6. A definition of the concept of “social security for families with children” has been formulated. This is the system public relations, emerging between citizens, on the one hand, and authorized state bodies, other legal entities, on the other, regarding the provision of cash payments and other types of security to citizens upon the occurrence of certain life circumstances in connection with motherhood, maintenance and upbringing of children, entailing increased expenses, loss or reduction of income.

7. Currently the process is underway redistribution of powers between federal government bodies, government bodies of the constituent entities of the Russian Federation, local self-government bodies, due to which the structure of social security continues to be formed on the basis of the requirements of federal legislation, taking into account specific regional features established by the legislation of the constituent entities of the Russian Federation.

8. It is substantiated that legal relations arising in social security law in connection with motherhood and childhood are characterized by a variety of subjects. The main ones among them are: persons with legal personality (mothers, fathers entitled to child care benefits, etc.); persons who have legal capacity, but do not have legal capacity (children of a deceased breadwinner up to a certain age, the onset of which the law associates with the appearance of legal capacity, minors who find themselves in a difficult life situation, etc.); a family that, in cases specified by law, has legal capacity when providing state social assistance, a large family when providing certain measures of social support).

9. It is substantiated that regulatory legal acts regulating issues of pension provision for children, taking into account the special legal nature of the child as a subject of legal relations in social security law, should contribute to the best interests of the child, regardless of what law he is provided with a survivor’s pension.

10. It is proved that the introduction into the structure of the Federal Law of July 17, 1999 “On State Social Assistance”

Chapter 2 “State social assistance provided in the form of providing citizens with a set of social services” violated the concept of the Law on targeting the provision of state social assistance, which is based on a comparison of the average per capita family income with the subsistence level. It would have been more expedient to make appropriate changes to the laws that provided for social support measures in the form of benefits for those categories of citizens who are currently entitled to receive a set of social services;

11. A number of contradictions have been identified in the regulatory legal acts of the Russian Federation regulating issues of social security for families with children, and therefore corresponding proposals have been formulated to improve the current legislation.

Testing and implementation of research results. The dissertation was completed at the Department of Social Law, State and Municipal Service of the Ural State Law Academy and was discussed at department meetings. The dissertation materials were used when conducting classes on social security law at the Ural State Law Academy and in the discipline “Social security of children in the Russian Federation” at the faculty of master’s training at the Urals State Law Academy. The research materials are reflected in the author’s speeches at the scientific and practical conference “Development Strategy of the Russian Federation during the period of market reforms: legal and economic aspects” (April 2002, Yekaterinburg), at the International scientific and practical conference “Special education:

state and development prospects" (March 2003, Yekaterinburg), at methodological seminars conducted by the Ministry of Social Protection of the Population of the Sverdlovsk Region for specialists of territorial bodies of social protection of the population. Based on an analysis of regional legislation during 2005–2006. proposals have been prepared to amend regional laws and certain decrees of the Government of the Sverdlovsk region regulating issues of social security for families with children.

Theoretical and practical significance of the dissertation. Basic provisions and the conclusions contained in the dissertation can be used in legislative work, in the law enforcement practice of executive authorities of the constituent entities of the Russian Federation, local governments. Certain provisions of the dissertation may be useful to employees of social protection authorities and social service institutions for families and children.

Dissertation structure. The structure of the dissertation is determined by its purpose and objectives, the specifics of the issues under consideration and the chosen research methodology. The dissertation consists of an introduction, two chapters, including 8 paragraphs, a conclusion, and a list of references.

In the introduction the importance and relevance of the research topic is substantiated, its purpose and objectives are formulated, the main provisions submitted for defense are highlighted, reflecting its novelty, theoretical and practical significance, and information about the testing of the research results is provided.

First chapter « Theoretical basis social security for families with children in the Russian Federation" consists of four paragraphs.

The first paragraph, “Historical aspect of the development of legislation on social security in connection with motherhood and childhood,” provides a brief historical overview of the legislation that regulated the issues of social security for families with children in the post-revolutionary period to the present day.

During the war, special government structures were created to provide social security to the families of front-line soldiers. Caring for children was part of the solution to a more general problem: the fight against child homelessness and neglect.

Characteristic of that time was the creation of so-called initiative orphanages, the main source of funds for which were collections from the population and assistance from enterprises. In order to encourage childbearing and strengthen the protection of motherhood and childhood, state benefits were established for mothers with many children, as well as state benefits for single mothers.

An event in the development of social security legislation was the adoption of the USSR Law of July 14, 1956 “On state pensions", which streamlined the pension provision of citizens, gave a definition disabled members families entitled to a survivor's pension. These included children, brothers, sisters and grandchildren under 16 years of age (students are 18 years old). Since 1964, legislation has been intensively developing, introducing new types of benefits: benefits for the children of soldiers, sailors, sergeants and foremen of conscript service during the period of military service, child benefits for families in which the average total income per family member did not exceed 50 rub. per month, benefits for children under guardianship or trusteeship, and a number of others. During the period of retail price reform, special compensation was introduced for children under 16 years of age, and the amounts were systematically indexed social benefits families with children. In 1993–1994

The formation of specialized institutions for minors in need of social rehabilitation began.

It is noted that the history of the development of legislation on social security for families with children indicates its continuity, a response to the demographic situation and socio-economic situation in the country at certain stages of its development. At the same time, in recent years, the institution of state benefits for citizens with children has practically lost its socio-economic significance due to the insignificant size of these benefits.

The second paragraph, “The concept of social security for families with children, its place in the social security system of the Russian Federation and structure,” provides a description of specific types of social security enshrined in the Constitution of the Russian Federation in relation to families with children: social security in case of illness, disability, loss of a breadwinner , for raising children and in other cases established by law.

Social security is a multifaceted phenomenon, which is a complex of socio-economic and legal measures that guarantee social protection of citizens. The work analyzes the definitions formulated by various authors (M. L. Zakharov, E. G. Tuchkova, K. N. Gusova, V. Sh. Shaikhatdinov), which allowed the author to define social security for families with children as a system of social relations developing between citizens, on the one hand, and authorized state bodies, other legal entities, on the other, regarding the provision of cash payments and other types of security to citizens upon the occurrence of certain life circumstances in connection with motherhood, maintenance and upbringing of children, entailing increased expenses, loss or decrease in income.

The work provides a classification of types of support for families with children, taking into account the changes made to social legislation by Federal Law of August 22, 2004 No. 122-FZ:

pensions - cash payments, including disability benefits (social pension), survivors' pensions;

provision in connection with the maintenance and upbringing of children, which, in the author’s opinion, implies, first of all, full state support;

benefits and compensation in cash;

social support in the form of full or partial exemption from payment for certain types of services provided;

social services for minors and families with children in the form of social services;

state social assistance, which is provided to families with children or children recognized as low-income in accordance with the established procedure;

additional measures of state support for families with children, providing the opportunity to improve living conditions, receive education, and increase the level of pensions.

The role of the state in the implementation by each citizen of the constitutional right to social security is determined by the existing system of legislative reinforcement of not only the actual material provision of citizens, but also the organizational and managerial foundations of social security, as well as financial sources through which citizens are guaranteed its provision.

The financing system that has developed in the field of social security in connection with motherhood and childhood basically corresponds to the existing general system of financing social security - this is the federal budget of the Russian Federation, the budgets of the insurance funds of the Russian Federation (Pension Fund, Social Insurance Fund, Medical Insurance Fund) and the budgets of subjects of the Russian Federation.

The subsystem for managing social security for families with children is a system of bodies and institutions implementing it. The bodies providing social security are to a certain extent related to the current system of its financing.

Currently, there are various forms of social security that are additional to the state one. A certain subsystem of management, financing, and legal regulation is being created in the sphere of activities of charitable organizations, various religious denominations, and non-governmental organizations.

Based on the above, the author concluded that the social security system for families with children is fully consistent with the general social security system established in the Russian Federation and the concept of the first should be built within the framework of the existing concepts of the second, formulated in science. The family, parents, legal representatives of children, and children themselves act only as special subjects of provision or “certain categories of citizens” in the general social security system.

The third paragraph, “Features of the sources of law regulating the social security of families with children,” analyzes the subsystem of regulatory legal acts, which are one of the important elements of the social security system in connection with motherhood and childhood.

A study of international sources of law has made it possible to identify a number of principles that should be taken into account when addressing issues of providing social security to families with children. Basically, Russian legislation regulating this area of ​​relations complies with them.

A complex act, which, along with other norms, contains norms related to the law of social security, is the Fundamentals of the Legislation of the Russian Federation on the protection of the health of citizens. The fundamentals establish the concept of protecting the health of citizens and its essential principles, rights of citizens in the field of health protection. For the first time, in a source of law of such a high level, the content of this law was specifically stated, taking into account the specifics of the subjects - its bearers. In particular, it separately provides for the rights to protect the health of the family, pregnant women and mothers.

Social security law in Russia is one of the few branches of law that does not have a codified normative act.

At the same time, some authors consider the Federal Law of May 19, 1995 “On State Benefits for Citizens with Children” to be a codified act, which established 6 types of benefits (maternity benefits; one-time benefit for women registered in early duration of pregnancy; allowance in connection with the birth of a child; monthly allowance for child care; one-time allowance when placing a child in a family; monthly allowance for a child).

Sectoral and intersectoral laws also apply in this area.

The Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation” is of great importance in the implementation of the rights of the child, however, it should be noted that with the division of powers between the Russian Federation and the constituent entities of the Russian Federation from January 1, 2005, significant changes have been made to the Law.

In particular, in its new edition, the establishment of state minimum social standards for the main indicators of the quality of life of children is transferred to the level of the subjects of the federation; The Law practically does not provide guarantees for children's rights in the field of social security.

Sectoral federal laws relating to social security for families and children can be divided into three categories:

1) federal laws establishing the procedure and conditions for the provision of one or another type of social security in relation to all citizens, including children. These are, first of all, laws regulating pension provision. According to the Federal Law of December 17, 2001 “On Labor Pensions in the Russian Federation,” survivor pensions are established for children classified as disabled family members of the deceased breadwinner; the amount of old-age and disability pensions is also determined taking into account disabled family members, including children. Federal Law of December 15, 2001

“On state pension provision in the Russian Federation” regulates the establishment of social pensions for certain categories of citizens, including children. The main principles of the activities of social service institutions, including the provision of various types of services to families with children in difficult life situations, are enshrined in the Federal Law “On the Fundamentals of Social Services for the Population in the Russian Federation”;

2) federal laws, according to which social security and social support measures are provided to certain categories of citizens, including children (Laws of the Russian Federation of February 19, 1993 “On Refugees”, “On Forced Migrants”, etc.).

“On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant” increases the amount of benefits for children by 100%, free food is provided for children under three years old from the dairy kitchen (if it is not available, monthly monetary compensation is paid). The procedure for establishing the status of a disabled child, according to which he subsequently acquires the right to social security, is enshrined in the Federal Law of November 24, 1995 “On the social protection of disabled people in the Russian Federation”;

3) federal laws regulating social security issues only in connection with motherhood and childhood. For example, the Federal Law of June 24, 1999 “On the fundamentals of the system for preventing neglect and juvenile delinquency” establishes the basis for the legal regulation of relations arising in connection with activities to prevent neglect and juvenile delinquency, including the provision of services by social service institutions, which, by virtue of of this law are included in the prevention system. This also includes the Federal Law “On State Benefits for Citizens with Children,” as well as the Federal Law of December 29, 2006, “On Additional Measures of State Support for Families with Children,” which entered into force on January 1, 2007.

Issues of social security for families with children are regulated mainly within the framework of legislative acts that regulate the social security of both families with children and other categories of citizens, and to a greater extent this is typical for regulatory legal acts issued by the Russian Federation.

Recently, the importance of laws and other regulatory legal acts issued by the constituent entities of the Russian Federation in the field of social security for families with children has increased significantly.

The fourth paragraph is called “Citizens as subjects of legal relations on social security in connection with motherhood and childhood.” The main participants in legal relations in connection with motherhood and childhood that arise regarding the provision of pensions, the provision of benefits and compensation, and the provision of social services are: minors, dependents who have lost their breadwinner;

disabled children; parents of minors; pregnant women; persons caring for a child until he reaches the age of three, etc. Such different subjects cannot have a single legal capacity that arises at the same time.

Subjects of legal relations in social security law usually act as individuals. But is the family the subject of any legal relations in social security law? In the legal literature on this issue, at different stages of the development of social security law, different points of view were expressed. It is substantiated that one cannot agree with the opinion of some authors (E. F. Chernysheva, V. S. Makarova, V. K. Subbotenko), who consider the family to be a subject of legal relations in connection with the provision of a one-time benefit at the birth of a child, in connection with the provision of care for a sick child and some others.

It seems that the subject of legal relations arising regarding the provision of state social assistance is a low-income family. IN in this case the family has legal capacity, which is expressly stated in the law, but the family as a collective cannot have legal capacity. The rights and obligations arising from the legal relations that have arisen regarding the provision of state social assistance can be exercised by a legally capable family representative. If we are talking about a low-income family with children, then such a representative can be a mother or father.

There is also no consensus on the issue of recognition or non-recognition of the family as a subject of legal relations when assigning a pension in the event of the loss of a breadwinner. The same can be said regarding benefits for families with children. Three points of view are expressed here: the subject is the family (family benefits), the subject is the child, the subject is the parent or the person replacing him. R.I. Ivanova rightly points out that the authors of the concept of “family benefits”

They lose sight of a very important circumstance: pensions and benefits are the object of legal relations on social security only until they are received by the persons entitled to them. From the moment of receipt, they become objects of personal property of the citizen, family and are used in accordance with their needs and requirements. Consequently, the family will own, use and dispose of family benefits after receiving them, but this issue already goes beyond the scope of legal relations on social security.

Thus, legal relations arising regarding the provision of benefits to families with children, according to the subject composition of their recipients, are divided into two groups: 1) legal relations in which children are the subject, but the children’s right to benefits is exercised by mothers or their other legal representatives (benefits to children of the deceased ( missing) military personnel and employees of internal affairs bodies, the State Fire Service); 2) legal relations in which the subject is mothers (one of the parents), who are legally capable subjects (monthly child benefit, child care benefit, lump sum allowance for the birth of a child, etc.).

The Federal Law “On the Fundamentals of Social Services for the Population in the Russian Federation” names citizens in difficult life situations as subjects of legal relations arising in the provision of social services.

This is a disabled child; a child left without parental care, a neglected child. According to the law, difficult life situations are conflicts and abuse in the family.

Family members where conflicts or abuse have occurred, and most often these are families with children, can be provided with counseling assistance, rehabilitation services, day stays in social service institutions, or temporary shelter; the subject of legal relations in this case is determined individually depending on the type of social service provided.

Chapter two“Issues of legal regulation of certain types of social security for families with children” also includes four paragraphs.

The first paragraph “Pension provision for families with children” examines the norms contained in the Federal Law “On Labor Pensions in the Russian Federation”, in the Federal Law “On State Pension Provision in the Russian Federation”, in the Laws of the Russian Federation of February 12, 1993 “On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, bodies for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families,” and “On the social protection of citizens subjected to exposure to radiation due to the disaster at the Chernobyl nuclear power plant." Since pension provision for families with children is primarily associated with the provision of a survivor's pension, the author, based on the definitions of the concept of “labor pension” and the concept of “state pension” given in the relevant laws, defines the survivor’s pension as monthly a monetary payment that is provided to family members of a deceased citizen, subject to the conditions provided for by law, in order to compensate them for income lost in the event of the loss of a breadwinner, made from the Pension Fund and (or) the federal budget.

As the study shows, the circle of disabled family members entitled to a survivor's pension (and these are children and persons caring for children), established in Art. The Law of the Russian Federation “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant” differs significantly from the circle of disabled citizens entitled to a survivor’s pension on other grounds. Firstly, the student children of the deceased have the right to a pension until the age of 25, and not until the age of 23; secondly, this does not include other minor family members who do not have able-bodied parents; the number of persons caring for a minor child of the deceased has been significantly reduced (it does not include a parent, grandfather, grandmother, brother, sister). In addition, the Law does not establish requirements for the spouse of the deceased, who is engaged in caring for his children, that he should not be employed.

A special regime for determining the right to a survivor's pension applies to stepsons and stepdaughters. The Federal Law “On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families” provides for pension provision for stepchildren and stepdaughters on the same basis as natural children, without additional conditions. At the same time, the Law of the Russian Federation “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant” does not provide for the assignment of pensions to these persons.

The right to a social pension for disabled children, and therefore HIV-infected minors under the age of 18, is granted by the legislator due to their special status. It is noted that the problem here arises if such children lose their breadwinner - mother or father, since Part 2 of Art. 3 of the Federal Law “On State Pension Provision in the Russian Federation” indicates that citizens who are simultaneously entitled to various pensions in accordance with the legislation of the Russian Federation are assigned one pension of their choice. That is, a survivor’s pension for a disabled child cannot be assigned while maintaining a social pension. At the same time, the loss of a breadwinner (mother or father) by a disabled child, as well as the loss of a breadwinner healthy child, should entail the provision of a survivor's pension. Payment of a social pension for a deceased breadwinner after a disabled child reaches 18 years of age is not made, unlike other types of pensions in the event of the loss of a breadwinner, where children studying full-time in educational institutions of all types and types, regardless of their organizational and legal form, with the exception of educational institutions of additional education, the pension is paid until they complete such education, but no longer than until they reach the age of 23–25 years. A number of provisions of pension legislation that violate the rights of children have been identified, and proposals have been formulated to amend the relevant laws.

The second paragraph is called “Benefits and other social payments in connection with motherhood and childhood.” The current system of state benefits in connection with motherhood and childhood, together with other social support measures, forms a system of social support for the family, motherhood, paternity and childhood, provides material support for the family in connection with the birth and upbringing of children, which is extremely important in the context of the demographic crisis observed in Russia. crisis, low standard of living of the population, especially families with children. Providing citizens with child benefits is rightly regarded as one of the measures of family and demographic policy, which, along with other measures, creates conditions for increasing the birth rate, supporting the family and raising children.

The legislation on benefits has been almost completely updated, legal regulation is carried out on the basis of federal laws and laws of the constituent entities of the Russian Federation. The author analyzed the regulatory legal acts governing the payment of benefits in connection with maternity and childhood, and noted the specific features of these benefits: 1) benefits are cash payments to citizens in cases and amounts established by law; 2) benefits, as a rule, are assistance that temporarily replaces wages or serves as an addition to the main sources of livelihood in connection with the circumstances specified in the law; 3) benefits are paid from several sources; 4) benefits of various types differ significantly from each other in terms of purpose, grounds for provision, methods of determining the amount, frequency of payment; 5) benefits are either calculated on the basis of individual earnings or are set at a fixed amount.

The classifications of benefits proposed in the scientific and educational literature are considered. The author is closer to the position on this issue of M. L. Zakharov and E. G. Tuchkova. A detailed analysis of the types of benefits provided for by the Federal Law “On State Benefits for Citizens with Children” is given, and proposals are made to improve certain provisions of this Law.

The legislation of the constituent entities of the Russian Federation regulating the issues of assignment and payment of monthly child benefits and funds for the maintenance of children left without parental care is examined in detail.

The third paragraph, “State social assistance to low-income families with children,” notes that in the new economic conditions, single-parent and large families find themselves in the most difficult financial situation: the share of the poor among them reaches 60–80%. Large families fall into the poor group both due to the dependent burden of children and due to the insufficient total income of able-bodied family members, which decreases as the number of children increases. In addition, a mother who is busy caring for children has limited employment opportunities. There are also several poverty factors at work in single-parent families. The problem of poverty is no less acute in families with a disabled child, who in most cases requires ongoing care and additional costs associated with health conditions. In the Sverdlovsk region, as of October 1, 2006, 42% of the total number of recipients of state social assistance were families with children.

State social assistance is part of the social complex aimed at supporting citizens classified as low-income. The system currently in force in the Russian Federation for providing social assistance in the form of social benefits can be considered acceptable for disabled citizens to compensate for the high dependency load in large, single-parent families for a certain period of time.

The author notes that the introduction into the structure of the Federal Law “On State Social Assistance” of Chapter 2 “State social assistance provided in the form of providing citizens with a set of social services” violated the concept of the Law on targeting the provision of state social assistance, which is based on comparing the average per capita family income with the amount living wage. The services named in the Law are similar to the social support measures provided for by other regulatory legal acts in the field of social security. The only difference between them is that the citizen has the choice of replacing this service with an established monetary equivalent. It would be more expedient to make appropriate changes to laws that previously provided for social support measures in the form of benefits for those categories of citizens who are currently entitled to receive a set of social services.

The author analyzed the regulatory legal acts of individual constituent entities of the Russian Federation in order to determine their compliance with federal legislation. Basically, the laws adopted by the constituent entities of the Russian Federation on this issue are conceptually consistent with the requirements of the Federal Law, i.e., the conditions for the provision of state social assistance are similar: a family or citizen must be poor due to circumstances that arise beyond the control of the family (citizen) reasons.

It is noted that in the regulations adopted in the post-reform period, which established that the right to one or another type of social security for a citizen or a family with children is determined depending on the average per capita income, the issue of the validity of providing social benefits from the point of view of their targeting has not been conceptually resolved direction. A situation arises when a normative act provides one or another measure of social support taking into account the cost of living, i.e., according to one criterion. In this case, the family will receive state social assistance, but will not acquire the right to a subsidy or a monthly child benefit. Since there is only one comparison criterion - the cost of living, it is advisable to establish a unified procedure for recording family income, including its types, and unified approaches to determining family composition.

And the Federal Law “On State Social Assistance” should become the basis in this regard. The basis for providing one or another type of social benefits, compensation or other measures of social support may be the ratio of the average per capita family income and the cost of living per capita or by socio-demographic groups of the population. However, in any case, the state must collectively provide a low-income family or a low-income citizen living alone with an income level not lower than the subsistence minimum.

The fourth paragraph, “Social services for families with children in the system of state social services,” analyzes federal legislation regulating issues of social services for the population. Social services for families and children are associated with the presence of a difficult life situation, the definition of which is given in the Federal Law “On the Fundamentals of Social Services for the Population in the Russian Federation.”

The difficult life situation of many families with children is due to objective reasons. Such families include large families; single-parent families with children; families raising disabled children; young families with low incomes with young children; families raising children at risk and those in which parents are at risk;

families raising children without parental care. First of all, these families are clients of social service institutions, which provide them with assistance in performing their functions - life support, upbringing and education of children, socialization and adaptation to the conditions of modern society. The work examines the types and forms of social services for families with children.

An analysis of the legislative acts of the Russian Federation regulating issues of social services for the population, including families with children, shows that almost all powers to establish state guarantees in the field of social services for the population have been transferred to the level of the constituent entities of the Russian Federation. They are entrusted with establishing state standards for social services, the procedure and conditions for determining the right of citizens to social services, the procedure for providing free social services and paid social services and, accordingly, ensuring the implementation of the law.

Social service institutions providing social services to minors include territorial centers for social assistance to families and children, centers for psychological and pedagogical assistance to the population, centers for emergency psychological assistance and other social service institutions.

A special role in the provision of social services is assigned to specialized institutions for minors in need of social rehabilitation.

A study of the regulatory legal acts of individual constituent entities of the Russian Federation regulating issues of social services for the population, including families with children, shows that they are more focused on adults and the elderly, which is a consequence of the government’s long-term priority policy in the field of social provision aimed specifically at supporting the older generation.

The approach of individual regions to the provision of social services with partial or full payment is, it seems, correct, but the acts adopted to establish these conditions often contradict federal legislation.

In custody general conclusions and proposals for improving legislation regulating social security for families with children are formulated.

The following works have been published on the topic of the dissertation: 1. Sotnikova L.V. Some aspects of the activities of specialized institutions for minors // Social protection of the population in the region: Textbook: Ekaterinburg, (0.39 pp).

2. Sotnikova L. V. Results of assessing some indicators of the activities of services for working with families and children in the territories // Institutions for social services for families and children: problems of formation and development prospects: Collection of articles. Ekaterinburg, 1999 (0.16 p.l.).

3. Sotnikova L.V., Turinsky V.F. Child benefits // Social security. 2002. No. 6 (0.16 pp.).

4. Sotnikova L. V. Issues of targeting social security for families with children during the period of reforms // Development strategy of the Russian Federation during the period of market reforms: legal and economic aspects: Collection of materials of the scientific and practical conference. Ekaterinburg, 2002 (0.17 p. l.).

5. Sotnikova L. V., Kungurtseva I. A., Bryzgalov M. V., Antropova Yu. Yu., Bakunina R. R. Benefits provided for by legislation in the field of protecting the rights of children with disabilities / Disabled children: issues of rehabilitation, education and social and legal support. Information and consultation guide to help parents of disabled children. Ekaterinburg, 2003 (0.13 p. l.).

6. Sotnikova L. V. Legal regulation of social services for disabled children // Special education: status and development prospects. Proceedings of the international scientific and practical conference (March 25–26, 2003). Ekaterinburg, 2004 (0.13 p. l.). research Specialty 12.00.01 theory and history of law and state; history of doctrines about law and state Abstract of the dissertation for the degree of candidate of legal sciences Krasnodar, 2010 2 The dissertation was completed at the Kuban State Agrarian University Scientific advisor: L.P. Rasskazov -...”

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The right to social security is recognized as one of the universal human values in a civilized society. It is inextricably linked with the human right to life, because social security is the only guarantee of the right to life for people who, due to various reasons, usually independent of their will, have lost their source of livelihood.

Special protection should be provided to mothers for a reasonable period before and after childbirth. During this period, working mothers should be provided with paid leave with adequate social security benefits. Special measures of protection and assistance must be taken for all children and adolescents, without any discrimination on the basis of family origin or other grounds. Children and adolescents must be protected from economic and social exploitation.”

Taken together, these provisions can be interpreted as an internationally recognized duty of the state to provide full support to the family while it performs the function of raising children. This approach does not allow us to consider socio-economic measures to support the family as “interference in the personal life of the family,” which is criticized by a number of researchers. It is no coincidence that international legal acts proclaim the family as a natural and fundamental unit of society and guarantee it protection from society and the state, because the family performs functions of exceptional importance.

A.G. Vishnevsky identifies the following functions of the family: economic (obtaining the family's livelihood); demographic (ensuring population reproduction, creation and preservation of human values); socio-cultural (socialization of personality and social control over human behavior); socio-psychological (realization of individual needs and aspirations of a person, relieving emotional stress). In the conditions of the crisis in the economic, social and political spheres of the 90s. XX century The Russian family has adapted to changes by transforming its inherent functions. This period was marked by the gradual destruction of the institution of the family as the primary unit of society: the number of divorces and single-parent families increased; non-traditional sexual relations, feminism, negative attitude towards marriage. The degradation of the institution of family, motherhood (paternity), and the weakening of family ties have caused a steady trend towards de-familization in society.

The Constitution of the Russian Federation states that the country provides state support for the family, motherhood, paternity and childhood, establishes benefits and other guarantees of social protection (Part 2 of Article 7), everyone is guaranteed social security by age, in case of illness, disability, loss of a breadwinner, for raising children and in other cases determined by law (Part 1, Article 39), motherhood and childhood, the family are under the protection of the state (Part 1, Article 38). At the same time, modern domestic legislation does not contain specific guarantees of the level of social security addressed to families with children and allowing them to adequately support and raise children. Social security law has the means to influence the birth rate and life expectancy of the population within the framework of the legal regulation of social protection of citizens with children. Moreover, the importance of social security for families with children increases due to low wages and, as a consequence, the paradoxical situation when two workers often cannot feed two children.

In this context, it seems relevant to study the problems of realizing the right to social security by families with children. S.I. Kobzeva very accurately characterizes the situation in the field of social security: “The abolition of rights, rather, is carried out not directly, by denying their recognition and protection, but by belittling them, i.e. belittling, unreasonably limiting their scope, acting on a circle of people, in time and space, reducing the guarantees of their provision and protection, or creating such procedural procedures and mechanisms that can nullify the right itself.”