Social protection of veterans provides for the implementation of a system of measures aimed at creating conditions that ensure the economic and moral well-being of veterans, granting them additional rights and guaranteeing veterans the receipt of appropriate benefits. Isaicheva E.A. Social security law. Answers to examination questions. - M.: Exam, 2004. S. 286.

Federal Law "On State social assistance”divide all benefits into a number of categories: professional benefits (border guards, “siloviki”), benefits for special merits (veterans of war and labor, etc.) and benefits for those in need (they are given as a form of social support). Midonova E.A. Forms of protection of interests in social security law // Labor Law. 2007. No. 8. P.52.

In the semantic sense, a benefit is a relief given to someone as an exception to the general rules. Ozhegov S.I. Dictionary of the Russian language. - M., 1984. S. 294. Benefits take place where there are no conditions for equal satisfaction of vital needs. In this case, benefits can compensate for this, thus fulfilling an important social function, since they create equal conditions for all citizens for individual development, for the exercise of their constitutional rights. A benefit is also considered to be the advantage of one benefit of persons over others.

The basis for the provision of social security benefits is the onset of objectively existing life circumstances (disability, old age, etc.). The basis for the provision of social service benefits is also the fact that citizens have special merits to society. The provision of benefits on this basis is not only a person's need for special forms of social protection, but also serves as a form of encouragement and recognition of services to society and the state (disabled people and participants in the Second World War, disabled combatants on the territory of other states, etc.). These benefits can be called privileges. Buyanova M.O., Kobzeva S.I., Kondratieva Z.A. Social Security Law: tutorial. - M.: KnoRus, 2005. S. 219.

Since January 1, 2005, as a result of reforming the system of benefits, some of them have been replaced by monthly cash payments, some of the benefits are provided in the form of a set of social services, and some are provided in in kind. Also, since 2005, the term "benefits" has been replaced by the term "social support measures".

The group of social support measures that cannot be replaced by monthly cash payments include:

Payment in the amount of 50% of the occupied living space of residential premises (in communal apartments - the occupied living space);

Payment in the amount of 50% of utilities (water supply, drainage, removal of household and other waste, gas, electricity and thermal energy- within the limits of the consumption of these services established by local governments);

Living in houses that do not have central heating - fuel purchased within the limits established for sale to the population, and transport services for the delivery of this fuel;

Provision at the expense of the federal budget of certain categories of citizens who need to improve their living conditions and registered before January 1, 2005;

Benefits of installing a residential telephone;

Admission out of competition in state educational institutions higher and secondary vocational education, courses;

Use of annual leave at a convenient time, leave without pay;

Benefits for using all types of services of communication institutions, cultural and educational and sports and recreational institutions;

Advantages in admission to social service institutions.

These measures of social support are provided to certain categories of citizens in the amount corresponding to their preferential status. Sokolova G.A. All about benefits: Monetization and social support measures. - M.: Market DS; Omega-L, 2006, p. 95.

As stated in the Federal Law "On Veterans", social support for veterans provides for the implementation of a system of measures, including: pension provision, payment of benefits in accordance with the legislation of the Russian Federation; receiving a monthly cash payment; obtaining and maintaining residential premises; payment for utilities; medical, prosthetic and orthopedic care.

If a veteran has the right to receive the same form of social support for several reasons, social support is provided on one basis at the choice of the veteran, except as otherwise provided by law.

Reforming the system of benefits and replacing them with cash payments, the so-called "monetization of benefits", is carried out from January 1, 2005 in accordance with Federal Law No. 122-FZ of August 22, 2004. What is benefit monetization? Federal Law No. 122-FZ of August 22, 2004 amended 154 federal laws, including the Law on Veterans. Law No. 122-FZ received a second name - the Law on the Monetization of Benefits, since as a result of the changes made since 2005, benefits are understood as social support measures, and most benefits are replaced by monthly cash payments introduced at the federal level.

Federal Law No. 122-FZ of August 22, 2004 delimited the competence of the Russian Federation and its subjects in the field of financing the measures provided for social support to citizens. In addition, this law provides for the redistribution of funding for social support measures between the Russian Federation and its constituent entities. So, for a number of privileged categories of citizens, social support measures are established at the federal level (the so-called federal beneficiaries), for other categories, such support measures are established by the constituent entities of the Russian Federation (regional beneficiaries). For regional beneficiaries, the measures of social support are established by the constituent entities of the Russian Federation based on the possibilities of their budgets.

The federal beneficiaries who are entitled to receive a monthly cash payment and a set of social services include: disabled veterans of the Great Patriotic War and persons equivalent to them (disabled war veterans); participants in the Second World War; combat veterans; residents of besieged Leningrad; citizens who worked during the Second World War at air defense facilities, at the construction of defensive structures and other military facilities; family members of the dead (deceased) war invalids, participants of the Great Patriotic War and combat veterans; underage prisoners of concentration camps. Regional beneficiaries include: labor veterans and persons equated to them; home front workers.

Measures of social support for federal beneficiaries are established at the level of the Russian Federation. In particular, federal beneficiaries are entitled to the following measures of social support: - in-kind (payment for housing and communal services, provision of free prosthetic and orthopedic care and technical means of rehabilitation); - in the form of a monthly cash payment, the amount of which depends on the category of the beneficiary; - in the form of a set of social services, which includes: additional free medical care, including providing the necessary medicines by prescription of a doctor (paramedic), providing, if there are medical indications, vouchers for sanatorium treatment; free travel on suburban railway transport, as well as on intercity transport to the place of treatment and back.

Information about federal beneficiaries is entered in the Federal Register. The Federal Register is a single database of persons eligible for state social assistance. The body maintaining the register is the Pension Fund of the Russian Federation. The procedure for maintaining the Federal Register was approved by Order of the Ministry of Health and Social Development of Russia dated November 16, 2004 No. 195. The formation of the Federal Register occurs by transferring information by the executive authorities of the constituent entities of the Russian Federation to the branches of the Pension Fund of the Russian Federation (republican, regional, regional, etc.). register at the subject level (regional segment of the register), then this information is sent to the Pension Fund of the Russian Federation. Territorial bodies of the Pension Fund of the Russian Federation in cities and districts clarify the information contained in the register; include information about the amounts of the established payment; carry out at the place of residence of citizens accounting for their right to receive social services from the date of establishment of a monthly cash payment; inform the offices of the Pension Fund of the Russian Federation of all emerging changes.

There are features for entering information into the Federal Register for certain categories of citizens. Order No. 317 of December 20, 2004 of the Ministry of Health and Social Development of Russia approved the procedure for maintaining a special segment of the Federal Register of Persons Eligible for State Social Assistance. This normative act regulates the procedure for the formation and maintenance of a special segment (section) of the Federal Register in relation to citizens undergoing military or equivalent service in the following Federal executive authorities (with the exception of participants and disabled veterans of the Second World War): the Ministry of Internal Affairs of the Russian Federation, the Ministry of Defense of the Russian Federation, Ministry of the Russian Federation for Civil Defense Affairs, emergencies and elimination of consequences of natural disasters, the Foreign Intelligence Service of the Russian Federation, the Federal Security Service of the Russian Federation, the Federal Service for the Execution of Punishments, the Federal Security Service of the Russian Federation.

The procedure for providing a monthly cash payment, a set of social services, as well as social support measures provided in kind, is established at the federal level. In 2005, the monthly cash payment was made minus the cost of a set of social services, and since 2006, a set of social services can be waived either completely or partially. In this case, the monthly cash payment is increased by the cost of a set of social services or a social service. Sokolova G.A. All about benefits: Monetization and social support measures. - M.: Market DS; Omega-L, 2006. S. 16.

Federal Law No. 122-FZ of August 22, 2004 indicates that for persons who, before January 1, 2005, had the right to compensation in kind or benefits and a guarantor of a compensatory nature, enshrined in the repealed norms, the provisions of the Law cannot be considered as not allowing the realization of the right to these compensations, benefits and guarantees that arose during the specified period in the form and amount specified in the Law. The newly established social payments, guarantees and compensations in cash, established by the state authorities of the constituent entities of the Russian Federation and local governments, cannot be lower than the level of social payments provided to the relevant categories of citizens as of December 31, 2004. In addition, the legislator indicates that when changing after December 31, 2004 the procedure for the implementation of benefits and payments provided to certain categories of citizens before the specified date in kind, the total amount of financing of the relevant benefits and payments cannot be reduced, and the conditions for providing are worsened.

As an example, consider the social support measures currently established for certain categories of veterans.

Measures of social support for war invalids. According to Art. 14 of the Federal Law "On Veterans", war invalids are provided with the following social support measures:

Provision of housing at the expense of the federal budget for war invalids who need to improve their living conditions and registered before January 1, 2005, is carried out in accordance with the procedure established by the Government of the Russian Federation. War invalids registered after January 1, 2005 are provided with housing in accordance with the housing legislation of the Russian Federation;

Advantage in joining housing, housing construction, garage cooperatives, horticultural, horticultural and dacha non-profit associations of citizens;

Payment in the amount of 50% of the occupied total area of ​​residential premises (in communal apartments - occupied living space), including members of families of war invalids living together with them. Social support measures for paying for housing are provided to persons living in houses, regardless of the type of housing stock;

Payment in the amount of 50% of utilities (water supply, sewerage, removal of household and other waste, gas, electricity and heat - within the limits of consumption of these services established by local governments); war invalids living in houses without central heating - fuel purchased within the limits established for sale to the population, and transport services for the delivery of this fuel. The provision of fuel to disabled war veterans is carried out as a matter of priority. Measures of social support to pay for these services are provided regardless of the type of housing stock;

Preservation of services in polyclinics and other medical institutions to which these persons were attached during the period of work until retirement, as well as extraordinary provision of medical care under programs of state guarantees for the provision of free medical care to citizens of the Russian Federation (including annual dispensary examinations) in federal institutions healthcare (including in hospitals for war veterans) in the manner established by the Government of the Russian Federation, and in polyclinics and other medical institutions of the constituent entities of the Russian Federation - by laws and other regulatory legal acts of the constituent entities of the Russian Federation (Decree of the Government of the Russian Federation dated May 15, 2007 No. 286 approved the Program of state guarantees for the provision of citizens Russian Federation free medical care for 2008);

Provision of prostheses (except for dentures) and prosthetic and orthopedic products in the manner established by the Government of the Russian Federation;

Payment of temporary disability benefits to working disabled war veterans in the amount of 100% of earnings, regardless of length of service, and temporary disability benefits due to a general illness for up to 4 months in a row or up to 5 months in a calendar year (Article 7 of the Federal Law of December 29, 2006 No. 255-FZ , which entered into force on January 1, 2007, it was established that the amount of temporary disability benefits depends on the length of the insurance period);

Out-of-competition admission to state educational institutions of higher and secondary vocational education, to training courses for relevant professions, payment of special scholarships established by the Government of the Russian Federation to students from among the war invalids studying in these educational institutions;

Training at the place of work in retraining and advanced training courses at the expense of the employer;

The use of annual leave at a convenient time for them and the provision of unpaid leave for up to 60 calendar days in a year. War invalids of groups I and II, with insufficient annual and annual additional leave for treatment and travel to sanatorium organizations and back, are allowed to issue sheets of temporary disability for the required number of days and pay state social insurance benefits, regardless of who and at whose expense a voucher has been granted;

Extraordinary use of all types of services of communication institutions, cultural and educational and sports and recreational institutions, extraordinary purchase of tickets for all types of transport, extraordinary service by retail trade and consumer services;

Measures of social support provided to war invalids apply to military personnel and private and commanding officers of the internal affairs bodies, the State Fire Service, institutions and bodies of the penitentiary system who became disabled due to injury, concussion or injury received in the performance of military service duties (official responsibilities). We also want to add that paragraph 8 of Art. 154 of the Federal Law of August 22, 2004 No. 122-FZ, it is established that former minor prisoners of concentration camps, ghettos, and other places of detention created by the Nazis and their allies during the Second World War, residing on the territory of the Russian Federation, recognized as disabled due to general illness, labor injury and for other reasons (with the exception of persons whose disability has occurred as a result of their illegal actions), monthly cash payments, social support measures and benefits established for disabled veterans of the Great Patriotic War are provided.

Measures of social support for participants in the Great Patriotic War. According to Art. 15 of the Federal Law "On Veterans" to participants in the Second World War from among the persons specified in subparagraphs "a" - "g" and "and" paragraphs. 1 p. 1 art. 2 of this law, are provided:

Pension benefits in accordance with the law;

Provision of housing at the expense of the federal budget for participants in the Second World War who need to improve their living conditions, registered before January 1, 2005, which is carried out in accordance with the provisions of Article 23.2 of the Federal Law "On Veterans". Participants of the Great Patriotic War, registered after January 1, 2005, are provided with housing in accordance with the housing legislation of the Russian Federation;

Payment in the amount of 50% of the occupied total area of ​​residential premises (in communal apartments - occupied living space), including by family members of WWII participants living together with them. Social support measures for paying for housing are provided to persons living in houses, regardless of the type of housing stock;

Payment in the amount of 50% of utilities (water supply, sewerage, removal of household and other waste, gas, electricity and heat - within the limits of consumption of these services established by local governments); to the participants of the Second World War living in houses without central heating - fuel purchased within the limits established for sale to the population, and transport services for the delivery of this fuel. The provision of fuel to the participants of the Second World War is carried out as a matter of priority. Measures of social support to pay for these services are provided regardless of the type of housing stock;

Extraordinary installation of an apartment telephone;

Advantage in joining housing, housing construction, garage cooperatives, horticultural, horticultural and dacha non-profit associations of citizens;

Preservation of services in polyclinics and other medical institutions to which these persons were attached during the period of work until retirement, as well as extraordinary provision of medical care under programs of state guarantees for the provision of free medical care to citizens of the Russian Federation in federal healthcare institutions (including veterans' hospitals) wars) in the manner established by the Government of the Russian Federation, and in polyclinics and other medical institutions of the constituent entities of the Russian Federation - by laws and other regulatory legal acts of the constituent entities of the Russian Federation;

Provision of prostheses (except for dentures) and prosthetic and orthopedic products in the manner established by the Government of the Russian Federation;

The use of annual leave at a convenient time for them and the provision of leave without pay for up to 35 calendar days a year;

Preferential use of all types of services of communication institutions, cultural and educational and sports and recreational institutions, extraordinary purchase of tickets for all types of transport, extraordinary servicing by retail trade and consumer services;

Extraordinary admission to nursing homes for the elderly and disabled, social service centers, for service by social assistance departments at home.

Participants of the Great Patriotic War who became disabled due to a general illness, work injury or other reasons (except for persons whose disability occurred as a result of their illegal actions) are provided with measures of social support for war invalids in accordance with the established disability group without additional expert medical examination.

It should also be added that paragraph 8 of Art. 154 of the Federal Law of August 22, 2004 No. 122-FZ, it is established that former minor prisoners of concentration camps, ghettos, and other places of detention created by the Nazis and their allies during the Second World War living in the territory of the Russian Federation are provided with monthly cash payments, measures of social support and benefits established for participants in the Second World War from among the military.

Also according to Art. 16-19 of the Federal Law "On Veterans" are provided to m measures of social support for veterans of military operations, military personnel who underwent military service in military units, institutions, military educational institutions that were not part of the army in the period from June 22, 1941 to September 3, 1945 for at least six months, military personnel awarded orders or medals of the USSR for service in the specified period, persons awarded with the sign "Inhabitant of besieged Leningrad", persons who worked during the Second World War at the objects of air defense, local air defense, construction of defensive structures, naval bases, airfields and other military facilities within the rear borders of the active fronts, operational zones of the operating fleets, on front-line sections of railways and highways.

Measures of social support for persons who worked in the rear from June 22, 1941 to May 9, 1945 for at least 6 months, excluding the period of work in the temporarily occupied territories of the USSR, or who were awarded orders or medals of the USSR for selfless work during the Second World War according to Art. 20 of the Federal Law "On Veterans" are determined by laws and other regulatory legal acts of the constituent entities of the Russian Federation.

According to Art. 21 of the Federal Law "On Veterans" social support measures established for the families of the dead (deceased) war invalids, participants in the Great Patriotic War, war veterans (killed (deceased)), are provided to disabled members of the family of the deceased (deceased), who were his dependents and who receive a survivor’s pension (who are entitled to receive it) in accordance with pension legislation RF. Privileges. Systematized list: Conditions and procedure for granting. Categories of citizens. Normative acts. // Authors-compilers E.E. Ivanova, M.V. Kuznetsov, S.G. Lyapunov and others - M.: Pravo i Zakon, 2001. P. 460. Regardless of being dependent and receiving any type of pension and earnings, social support measures are provided to: the parents of the deceased (deceased); the spouse (wife) of the deceased (deceased) invalid of the war, who has not remarried (not remarried); the spouse (wife) of a deceased participant in the Great Patriotic War who became disabled due to a general illness, labor injury and other reasons (except for persons whose disability occurred as a result of their illegal actions), who did not remarry (did not remarry); the spouse (wife) of a deceased participant in the Great Patriotic War or a veteran of hostilities, who has not remarried (has not entered) and lives (lives) alone.

Social support measures established for family members of the dead (deceased) apply to family members of military personnel, private and commanding officers of the internal affairs bodies, the State Fire Service, institutions and bodies of the penitentiary system and state security bodies who died in the line of military service (official duties). Social support measures are also provided to family members of military personnel who died in captivity, recognized as missing in the established order in combat areas, from the time these military personnel were excluded from the lists of military units. Family members of those who died in the Great Patriotic War from among the personnel of the self-defense groups of the facility and emergency teams of the local air defense, as well as family members of the deceased employees of hospitals and hospitals in the city of Leningrad, are provided with social support measures established for members of the families of the deceased (deceased). Sokolova G.A. All about benefits: Monetization and social support measures. - M.: Market DS; Omega-L, 2006. S. 26.

According to Art. 22 of the Federal Law "On Veterans" m measures of social support for labor veterans, as well as citizens equated to them as of December 31, 2004, are determined by laws and other regulatory legal acts of the constituent entities of the Russian Federation.

I would like to consider in detail the issue of measures of social support for labor veterans on Sakhalin. Law of the Sakhalin Region No. 117-ZO of December 21, 2006 “On the Title of Labor Veteran of the Sakhalin Region” establishes measures of social support for labor veterans of the Sakhalin Region in the form of a monthly cash payment of 1,000 rubles.

If persons who have been awarded this title are entitled to social support measures in accordance with the Federal Laws and other Laws of the Sakhalin Region, then social support measures are provided at their choice, but only on one basis. Persons applying for social support measures must have been registered at the place of residence within the Sakhalin Region for at least a year.

The procedure for providing social support measures and the conditions for reimbursement of expenses are determined by the administration of the Sakhalin Region. Detailed provision of social support measures for labor veterans of the Sakhalin Region is enshrined in the Decree of the Administration of the Sakhalin Region dated December 28, 2006 No. 267-pa (as amended by the Decrees of the Administration of the Sakhalin Region dated May 18, 2007 No. 91-pa, dated June 25, 2007 No. 121-pa) " On approval of the procedure for providing social support measures to labor veterans of the Sakhalin Region living in the Sakhalin Region, and the conditions for reimbursement of expenses associated with their provision. It says that the UDV is established on the basis of a written application of the person for the establishment of the UDV addressed to the head of the department of social protection of the population of the Sakhalin Region.

Labor veterans of the Sakhalin Oblast, who are eligible for the EVA, apply to the departments (department) of social protection of the population of the Department of Social Protection of the Population of the Sakhalin Oblast, located in the territories of the municipalities of the region, submitting the necessary documents. The decision on the appointment or refusal to assign the UDV is made by the Departments at the place of permanent residence of the recipient no later than 10 days after the receipt of the application with all the necessary documents. The decision to pay the UDV together with the application and documents is formed in a personal file.

Departments within 5 days inform the applicant in writing about decision, in case of refusal to appoint EDV - with an explanation of the reason for the refusal. If additional verification of the information provided by the applicant is necessary, the Department must give a preliminary response notifying of the conduct of such verification. When conducting an additional verification, the final answer on the appointment or refusal to appoint the UDV must be given to the applicant no later than 30 days after the notification of the applicant about the specified verification.

Information stored in the personal files of recipients is entered by the Department into a single database of recipients, which is maintained using the automated system "Targeted Social Assistance" (database).

Non-working citizens who for the first time received the title of "Veteran of Labor of the Sakhalin Region" are provided with the EDT from the 1st day of the month in which the title was awarded. Employed citizens who have received the rank are provided with the UDV from the 1st day of the month in which the rank was awarded, but not earlier than July 1, 2007.

The payment of the UDV is terminated in the following cases: receipt of other payments in accordance with federal laws and the laws of the Sakhalin Region; the recipient's departure outside the Sakhalin Region due to a change of residence; receiving pensions through other departments (Ministry of Internal Affairs, FSB, Internal Affairs Directorate, etc.); death of the recipient. The payment is terminated from the 1st day of the month following the month in which the circumstances occurred due to which the labor veteran of the Sakhalin Region lost the right to the unified income (travel outside the Sakhalin Region, inclusion in the Federal Register, death, etc.). If the circumstances due to which the veteran of labor of the Sakhalin Region lost the right to the unified income allowance are eliminated, the payment is renewed from the 1st day of the month following the month in which the Department received the corresponding application for the renewal of the payment.

Veterans of labor of the Sakhalin Region are obliged to report to the Departments at the place of residence within 5 days about the occurrence of circumstances affecting the procedure for payment (about receiving other payments under federal laws and the laws of the Sakhalin Region, about changing their place of residence, leaving the Sakhalin Region, changing the personal savings bank accounts, etc.). Amounts of unified income paid in excess due to abuse (submission of documents with deliberately incorrect information, concealment of data affecting the procedure for payment) are reimbursed by the recipients, and in the event of a dispute, they are recovered in judicial order. Disputes regarding the appointment and payment of the UDV are resolved in the manner prescribed by applicable law. Amounts of unified income due to a labor veteran of the Sakhalin Region and not received by him during his lifetime are inherited in the manner prescribed by the legislation of the Russian Federation.

Financing the costs associated with delivery and forwarding EDV to veterans work of the Sakhalin Region, residing in the Sakhalin Region, through credit organizations of the Russian Federation, is carried out at the expense of funds provided for in the regional budget for these purposes. If funds are available, advance payment of UDV for January of the following year is made in December current year.

On a monthly basis, based on applications submitted by the Department to the main financial department of the Sakhalin Region, funds are sent to personal accounts of labor veterans of the Sakhalin Region opened with the relevant credit institutions of the Sakhalin Region. The UDV is paid once a month to the personal accounts of labor veterans of the Sakhalin Region until the 30th day of each month within the funds allocated for these purposes from the regional budget. The Department and Divisions shall not be liable for the late payment of the UDV amounts in the event that the recipient fails to provide information on closing or changing a personal account with a credit institution.

Responsibility for the misuse of funds provided for the payment of the SSC to labor veterans of the Sakhalin Region residing in the region lies with the Department. The report on the payments of the EMU to labor veterans of the Sakhalin Region residing in the region is submitted by the Department to the main financial department of the Sakhalin Region within the time limits established by law.

The size of the UDV is increased (indexed) annually in accordance with the law of the Sakhalin Region on the regional budget for the corresponding financial year, taking into account the level of inflation (consumer prices). The measures of social support established by this Law are expenditure obligations of the Sakhalin Region.

Now consider the measures of social support for labor veterans living in the Sakhalin Region. These measures are defined in the Law of the Sakhalin Region dated December 21, 2005 No. 101-ZO “On measures of social support in the Sakhalin Region for rehabilitated persons and persons recognized as victims of political repression, participants in the labor front, labor veterans living in the Sakhalin Region”.

This Law states that social support measures are provided:

1) rehabilitated persons and persons recognized as victims of political repression, in accordance with the Law of the Russian Federation of October 18, 1991 No. 1761-1 "On the rehabilitation of victims of political repression";

2) participants of the labor front (persons who worked in the rear from June 22, 1941 to May 9, 1945 for at least 6 months, excluding the period of work in the temporarily occupied territories of the USSR, or who were awarded orders or medals of the USSR for selfless labor during the Second World War) who have certificates of a veteran of the Second World War;

3) labor veterans, which include:

a) persons who have a certificate "Veteran of Labour";

b) persons awarded orders or medals or awarded honorary titles of the USSR or the Russian Federation, or awarded departmental signs differences in work and having the length of service necessary for the appointment of a pension in accordance with the Law of the Russian Federation of December 17, 2001 No. 173-ФЗ “On labor pensions in the Russian Federation”, persons who began their labor activity at a minor age during the Second World War and who have seniority at least 40 years for men and 35 years for women;

4) persons equated to labor veterans, which include:

a) veterans of military service;

b) veterans of the civil service.

Measures of social support for veterans of military service and veterans of the civil service are provided when they reach the age that gives them the right to an old-age pension in accordance with the Law of the Russian Federation of December 17, 2001 No. 173-FZ “On labor pensions in the Russian Federation”. This Law does not apply to these citizens in the event of their departure for permanent residence outside the Sakhalin Region. Implementation of measures of social support for veterans specified in paragraphs 2, 3, 4 is carried out upon presentation of certificates of a single sample established for each category of veterans by the Government of the USSR until January 1, 1992 or by the Government of the Russian Federation.

In the practical implementation of these norms, controversial issues often arise, which become the subject of consideration by the courts.

Thus, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation considered in open court on the application of K. to recognize it as contrary to federal law and invalid in part of Art. 4 of the Law of the Sakhalin Region No. 101-ZO “On measures of social support in the Sakhalin Region for rehabilitated persons and persons recognized as victims of political repression, participants in the labor front, labor veterans living in the Sakhalin Region” on the cassation complaint of K. against the decision of the Sakhalin Regional Court October 22, 2007

On December 21, 2005, the Sakhalin Regional Duma adopted Law No. 101-ZO “On measures of social support in the Sakhalin Region for rehabilitated persons and persons recognized as victims of political repression, labor front participants, labor veterans living in the Sakhalin Region”.

K., being a pensioner of the Ministry of Internal Affairs and a veteran of labor and not of the age that gives the right to receive labor pension due to old age, appealed to the Sakhalin Regional Court with an application for recognition as contrary to federal law and invalid par. 1 clause 1 in terms of the words “the pension to which is established (assigned) in accordance with the Federal Laws “On labor pensions in the Russian Federation” and “On state pension provision in the Russian Federation”, paras. 3 in terms of the words "partial payment" of paragraph 1 and paragraph 2 of Art. 4 of the Law of the Sakhalin Region No. 101-ZO “On measures of social support on the territory of the Sakhalin Region of rehabilitated persons and persons recognized as victims of political repression, participants in the labor front, labor veterans living in the Sakhalin Region” referring to the fact that it is from April 7, 1998 year, at the end of service in the bodies of the Ministry of Internal Affairs of the Russian Federation, a pension was assigned in accordance with the Law of the Russian Federation "On pension provision for persons who have served in the military, served in the internal affairs bodies, the State Fire Service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system and their families. Law of the Russian Federation of February 12, 1993 No. 4468-1 “On pensions for persons who have served in the military, served in the internal affairs bodies, the state fire service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families” // Vedomosti SND RF and RF Armed Forces. 03/04/1993. No. 9. Art. 328.

In support of his claims, the applicant referred to the fact that paragraph 1, subparagraph 3 in terms of the words "partial payment" paragraph 1, and paragraph 2 of Art. 4 of the challenged Law of the Sakhalin Region restricts his right to receive social support as a labor veteran until he reaches 60 years of age, and also violates his right to social security with the right to a pension on preferential terms.

The Sakhalin Regional Duma asked the court to refuse to satisfy the claims submitted to the court.

By the decision of the Sakhalin Regional Court of October 22, 2007, regarding the requirements for invalidating pars. 3 regarding the words "partial payment" of paragraph 1 of Art. 4 of the Law of the Sakhalin Region No. 101-ZO “On measures of social support in the Sakhalin Region for rehabilitated persons and persons recognized as victims of political repression, participants in the labor front, labor veterans living in the Sakhalin Region”, the proceedings were terminated.

The rest of the claims made by K. were denied.

In the cassation appeal, K. asks that the said court decision be canceled due to the court's incorrect application of substantive law.

Paragraph 2 of Art. 4 Law of the Sakhalin Region No. 101-ZO "On measures of social support in the Sakhalin Region for rehabilitated persons and persons recognized as victims of political repression, participants in the labor front, labor veterans living in the Sakhalin Region", labor veterans, citizens equated with labor veterans as of December 31, 2004, who receive pensions on other grounds not provided for by part 1 of this article, or who receive life maintenance for work (service), the right to the benefits established in this article is granted upon reaching the age of 55 for women, 60 years in men.

Resolving the stated requirements, the court was correctly guided by the provisions of Article. 22 of the Federal Law of 12.01.1995 No. 5-FZ “On Veterans”, as amended by the Federal Law of 08.22.2004 No. 122-FZ “On Amending the Legislative Acts of the Russian Federation and Recognizing Some Legislative Acts of the Russian Federation as Invalid due to with the adoption of the Federal Laws “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” and “On the general principles of organizing local self-government in the Russian Federation”, according to which measures of social support for labor veterans, as well as citizens equated to them as of December 31, 2004, are determined by laws and other regulatory legal acts of the constituent entities of the Russian Federation.

At the same time, Federal Law No. 122-FZ contains provisions that guarantee the preservation of the previous level of guarantees and compensations for this category of citizens and, at the same time, any new categories of citizens who, as of December 31, 2004, were not entitled to social support measures, and from January 1, 2005 they would have them, this Law does not establish. At the same time, prior to the entry into force of changes dated August 22, 2004 No. 122-FZ in Art. 22 of the above-mentioned Federal Law, only those labor veterans who were entitled to receive an old-age labor pension received social support measures.

Thus, there are no grounds for the court to recognize the challenged norms of the regional legislation as contradicting the federal legislation.

The Judicial Board sees no grounds for canceling the court decision, as the question is raised in the cassation appeal. Determination of the Supreme Court of the Russian Federation of December 26, 2007 No. 46-Г07-34 // ATP Consultant-Plus.

Participants of the labor front are provided with the following measures of social support: - advantage in admission to boarding schools for the elderly and disabled, social service centers, extraordinary admission to the services of social assistance departments at home; - Monthly cash payment in the amount of 600 rubles. Members of the labor front who also have the title of "Veteran of Labor" are subject to measures of social support for veterans of labor, except for the amount of the EDV.

Participants of the labor front who do not have benefits for other reasons are provided with a 50% discount in payment for housing and communal services within the limits of social norms and consumption standards in accordance with the Law of the Sakhalin Region "On additional measures of social protection for veterans of the Second World War, ghettos and other places of detention, created by the Nazis and their allies during the Second World War” dated December 26, 2001 No. 306 (as amended on December 22, 2004).

Labor veterans are provided with the following social support measures:

Payment in the amount of 50% of the occupied total area of ​​residential premises (in communal apartments - occupied living space) within the social norm of housing area established by the administration of the Sakhalin Region, including for disabled family members of a labor veteran living together with him, being on his full maintenance or receiving assistance from it, which is for them a permanent and main source of livelihood;

Payment in the amount of 50% of utilities (water supply, sewerage, gas supply, electricity and heating) and disposal (burial) of solid domestic waste within the limits of consumption established in accordance with the law;

Payment in the amount of 50% of the fuel purchased within the limits determined by the administration of the Sakhalin Region for sale to the population, and transport services for the delivery of this fuel to those living in houses that do not have central heating. Providing labor veterans with fuel at a 50% discount is carried out as a matter of priority;

Monthly cash payment in the amount of 480 rubles.

Social support measures with a 50% discount on payment for services are provided regardless of the type of housing stock and form of ownership. Measures of social support for labor veterans who have reached retirement age(women - 50 years, men - 55 years), are provided regardless of their termination labor activity.

The procedure for the provision of social support measures in the bodies of social protection of the population and the conditions for reimbursement of expenses in connection with their provision are determined by the administration of the Sakhalin Region. The administration of the Sakhalin region provides for an annual increase in the size of the monthly cash payment, at least by the estimated deflator index when forming the regional budget for the next financial year.

If the persons specified in this Law are entitled to receive the UA and the provision of social support measures on other grounds, then the UA and social support measures are provided at their choice, but only on one basis. The measures of social support established by this Law are expenditure obligations of the Sakhalin Region and are financed in accordance with the budget legislation of the Russian Federation.

In more detail, the measures of social support for labor veterans living in the Sakhalin Region are defined in the Decree of the Administration of the Sakhalin Region dated February 6, 2006 No. 21-pa (as amended on July 10, 2007) “On approval of the procedures for providing social support measures to regional beneficiaries living in the Sakhalin Region, and conditions for reimbursement of expenses associated with their provision. This Decree, in particular, establishes social norms for the area of ​​housing when providing social support measures for paying for housing and communal services in the amount of: 42 sq. meters of the total area of ​​housing for citizens living alone; 23 sq. meters of total housing area per member of a family consisting of two people; 17 sq. meters of total housing area per member of a family of three; 14 sq. meters of total housing area per member of a family of four; 12 sq. meters of total housing area per member of a family of five or more people; 6 sq. meters of living space per person for those living in hostels.

Next, I would like to consider the question of measures of social support for veterans of military service. Since the entry into force of Federal Law No. 122-FZ of August 22, 2004, a number of problems have arisen in this area, the solution of which is one of the most urgent tasks of modern military social policy. One of the problems, as noted above, is the implementation of the legal status of a “veteran of military service”.

Another problem is the regulation of measures of social support for veterans of military service.

In contrast to the issue discussed above about the conditions and procedure for conferring the title of veteran of military service, which, with the entry into force of the Federal Law of August 22, 2004 No. 122-FZ, basically did not change, the scope of social support measures for this category of veterans, as well as the procedure for their provision very significant changes. Moreover, a number of problems have arisen in this area, the solution of which is one of the most urgent tasks of modern military social policy.

Let us recall how this issue was settled before the entry into force of the current version of the Federal Law "On Veterans", i.e. until January 1, 2005

In accordance with Art. 23 of the said Law (in its former version), upon reaching the age of entitlement to an old-age pension (i.e. 55 and 60 years, respectively, women and men), veterans of military service acquired the right to benefits established for labor veterans. These benefits included: medical benefits; granting annual leave at a convenient time for them and granting leave without pay for up to one month a year; free travel on all types of urban passenger transport (except for taxis); 50% discount in payment for the total area occupied by residential premises, utilities, telephone use; other perks.

From January 1, 2005, in connection with the entry into force of Federal Law No. 122-FZ of August 22, 2004, Art. 23 of the previous edition of the Federal Law "On Veterans", which established measures of social protection for veterans of military service, has become invalid. Instead of it, no legal norms have been adopted. Against this background, the opinion of the authors of the Scientific and Practical Commentary to the Federal Law of August 22, 2004 No. 122-FZ seems very strange, who indicate: “In connection with the adoption of special federal laws regulating the issues of social support for these categories of citizens (meaning veterans of military service and veterans of civil service), the presence of this article in this Law has become irrelevant. Scientific and practical commentary to the Federal Law of August 22, 2004 No. 122-FZ / Ed. ed. ON THE. Volgina, S.V. Kalashnikov. - M., 2005. S. 288. However, no other "special laws" have been adopted, so it is not clear what kind of special federal laws are referred to in the comment.

The reality is that the current version of the Federal Law “On Veterans”, while retaining the category of military service veteran, at the same time does not contain legal norms on any measures of their social support. It seems that conferring the title of veteran of military service is only a moral incentive for conscientious long-term military service, without bringing these persons any material benefits. In the current socio-economic conditions, as well as in connection with the special status of military personnel whose professional activities are related to ensuring the military security of the state and are associated with increased danger and risk to life and health, moral incentives for this category of veterans alone are clearly not enough.

The current situation is not fully consistent with the principle of social justice. Indeed, in conditions when quite specific measures of social support are established for all categories of veterans by federal legislation, the absence in the said legislation of norms on such measures in relation to veterans of military service causes quite understandable indignation of this category of citizens, provokes numerous appeals to the highest bodies of state power, and also caused open protests (rallies, pickets, processions, etc.) of military pensioners that took place in many Russian cities in the first half of 2005.

Apologists for the current version of the Federal Law "On Veterans" (mainly representatives of the Ministry of Health and social development Russian Federation) often appeal to Art. 22 of this Law, which, in their opinion, determines the measures of social support for veterans of military service. Is it really? Let's take a look at the content of this article. It says: "Measures of social support for labor veterans, as well as citizens equated to them as of December 31, 2004, are determined by laws and other regulatory legal acts of the constituent entities of the Russian Federation." It follows from this that since prior to January 1, 2005, military service veterans who reached the general retirement age were equated in terms of rights and benefits with labor veterans, then, therefore, at present, measures of their social support should be determined by the legislation of the constituent entities of the Russian Federation.

It should be noted that in accordance with the specified legislative provision, measures of social support for veterans of military service are established in the constituent entities of the Russian Federation. For example, the Moscow City Duma adopted the Law of the City of Moscow “On measures of social support for certain categories of residents of the city of Moscow” dated November 3, 2004 No. 70. The measures of social support indicated in it are provided to veterans of military service living in Moscow, with reaching the age that gives the right to an old-age pension in accordance with the Federal Law of December 17, 2001 No. 173-ФЗ “On labor pensions in the Russian Federation”.

As for veterans of military service from among military personnel and citizens dismissed from military service, who became disabled due to injury, concussion, injury or illness received in connection with the performance of military service duties, the issue of determining the measures of their social support has been basically resolved, since in accordance with paragraph. 3 Article. 14 of the Federal Law “On Veterans”, the specified category of veterans is subject to social support measures provided to war invalids. The scope of these social support measures is quite extensive: providing housing at the expense of the federal budget for people with disabilities who need to improve their living conditions, who were registered before January 1, 2005; extraordinary installation of an apartment telephone; payment in the amount of 50% of the occupied total area of ​​residential premises and utilities; medical benefits; admission out of competition to state educational institutions with the payment of special scholarships to them; the use of annual leave at a convenient time for them and the provision of leave without pay for up to 60 calendar days a year; other measures of social support.

It would seem that, indeed, the issue of determining the measures of social support for military service veterans has been resolved in a regulatory manner and there seems to be no reason for concern. However, the practice of implementing the Federal Law “On Veterans” that took shape after January 1, 2005 revealed a number of serious problems in this area.

It can be concluded that the main problems of implementing the status of military service veterans are as follows:

First, in the above provisions of Art. 22 of the Federal Law "On Veterans" refers to the measures of social support for military service veterans, which were such as of December 31, 2004. In this regard, the question remains: how will the social protection of military service veterans, who will be given this title assigned after January 1, 2005? The current version of the Federal Law "On Veterans" does not provide an answer to this question;

Secondly, veterans of military service are citizens who performed (perform) state-significant tasks, performed (perform) the duties of military service in the interests of the whole society. However, the determination of measures of their social support is assigned to the powers of state authorities of the constituent entities of the Russian Federation. This circumstance is perceived by veterans very painfully, since it creates a feeling that the federal authorities refuse to evaluate their military work. The principle of determining measures of social support, established by the legislator for veterans of labor, is completely unacceptable for veterans of military service. Military service is a special type of public service and is carried out in the interests of the entire state, and not individual subjects of the Federation, therefore, the expectations of military service veterans related to the establishment of measures of their social support by the federal authorities, and not by local ones, are quite logical;

Thirdly, an inevitable consequence of the legislative activity of the legislative bodies of the constituent entities of the Russian Federation in determining measures of social support for veterans is the fact that military service veterans living in different regions of the country began to have a different level of social protection, depending on the financial and economic capabilities of a particular subject. RF. This leads to an even greater violation of the principle of social justice: having a single status of a serviceman before being discharged from military service, these citizens, having retired to the reserve, were divided on a territorial basis in terms of the amount of rights and benefits.

These problems need to be resolved, since we are talking about the social well-being and well-being of millions of honored people.

Some suggestions for solving these problems are given by V.I. Goodis. He writes: “The preamble of Federal Law No. 122-FZ of August 22, 2004 proclaims the principle of the need to maintain citizens’ confidence in the law and the actions of the state by maintaining stability legal regulation. The analysis of the problems associated with the implementation of the status of a military service veteran, carried out in this article, indicates that in relation to this category of veterans, this principle remains only a declaration. This actualizes the urgent need to make serious adjustments to the legislation on the social protection of veterans.” Gudis V.I. Status of a veteran of military service: problems and ways to solve them // Law in the Armed Forces. No. 10. 2005. P. 16.

In order to restore justice, we propose to supplement the Federal Law "On Veterans" with an article establishing uniform measures of social support for veterans of military service at the federal level, regardless of their place of residence - as is done, for example, in relation to combat veterans.

As for the period from which these measures of social support should be provided to military service veterans, here one should use the proven principle that was laid down in the previous version of the law: military service veterans must acquire the right to social guarantees, as before, upon reaching retirement age old age, i.e. men - from 60 years old, women - from 55 years old.

The proposed solution to the problems of social support for military service veterans is also supported by the fact that pensions and other types of social security for this category of citizens are funded from the federal budget. If this option is implemented, there will be no need to transfer the corresponding funds from the federal budget to the budgets of the constituent entities of the Russian Federation, which will lead to savings in costs associated with their accounting, distribution, etc. In this case, all financial issues could be resolved through the bodies providing pensions for these citizens.

Monthly cash payment (MU)- This is a fixed amount of money established at the federal level and paid to certain categories of citizens, the so-called federal beneficiaries.

In accordance with the Federal Law “On Veterans”, the following persons have the right to the EDV: disabled veterans of the Great Patriotic War and persons equated to them (disabled war veterans); participants in the Second World War; combat veterans from among the persons specified in paragraphs. 1 - 4 p. 1 art. 3 laws; military personnel who served in military units, institutions, military educational institutions that were not part of the army in the period from June 22, 1941 to September 3, 1945 for at least six months, military personnel awarded orders or medals of the USSR for service in specified period; persons awarded with the badge "Inhabitant of besieged Leningrad"; persons who worked during the Second World War at the objects of air defense, local air defense, the construction of defensive structures, naval bases, airfields and other military facilities within the rear borders of the active fronts, operational zones of the operating fleets, on the front-line sections of railways and roads, and also members of the crews of the ships of the transport fleet, interned at the beginning of the Second World War in the ports of other states; family members of war veterans who died (deceased), veterans of the Great Patriotic War and veterans of military operations, family members of persons who died in the Great Patriotic War from among the personnel of the self-defense groups of the facility and emergency teams of the local air defense, as well as family members of the deceased workers of hospitals and hospitals in the city of Leningrad.

At the same time, if a citizen is simultaneously entitled to a single unified payment allowance under the Federal Law "On Veterans" and under another federal law or other regulatory legal act, regardless of the basis on which it is established, he is provided with one Unified Allowance, either under the Federal Law "On Veterans", or according to another federal law or other regulatory legal act at the choice of a citizen (with the exception of cases of establishment of a UDV in accordance with the Law of the Russian Federation "On the social protection of citizens exposed to radiation as a result of the Chernobyl disaster", Federal Law of 10.01.2002 No. 2-FZ " On social guarantees for citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site). Citizens who have suffered from the effects of radiation and who simultaneously have the right to receive the EDV established by the Federal Law "On Veterans" receive two of these cash payments monthly.

For a citizen who is simultaneously entitled to receive a single payment for several reasons, the single payment is established on the basis that provides for a higher amount of payment.

In paragraph 4 of Art. 23.1 of the Federal Law "On Veterans" establishes the size of the EDV. The amount of UDV from January 1, 2006 is calculated and paid taking into account the indexation (changes) in the amount of UDV and the cost of a set of social services carried out for the period from January 1, 2005 in accordance with the legislation of the Russian Federation.

At the moment, the amendments made to a number of legislative acts have increased the size of the UDV provided in exchange for benefits ("monetization" of benefits) to certain categories of citizens, in particular "Chernobyl victims", the disabled, veterans, heroes of war and labor. These changes are enshrined in Federal Law No. 244-FZ dated November 1, 2007 “On Amendments to Certain Legislative Acts of the Russian Federation in order to increase the level of material support for certain categories of citizens”. In Art. 5 of the above-mentioned Law says that the monthly cash payment to veterans is set in the amount of:

1) war invalids - 2,645 rubles;

2) participants of the Great Patriotic War - 1,985 rubles;

3) combat veterans from among the persons specified in paragraphs. 1 - 4 p. 1 art. 3 of the Federal Law "On Veterans", to persons awarded the badge "Inhabitant of besieged Leningrad" - 1,455 rubles;

4) military personnel who served in military units, institutions, military educational institutions that were not part of the army in the period from June 22, 1941 to September 3, 1945 for at least 6 months, military personnel awarded orders or medals of the USSR for service during the specified period, to persons who worked during the Second World War at the objects of air defense, local air defense, the construction of defensive structures, naval bases, airfields and other military facilities within the rear borders of the active fronts, operational zones of the operating fleets, in the front areas of iron and roads, crew members of the transport fleet ships interned at the beginning of the Second World War in the ports of other states, family members of the dead (deceased) war invalids, participants in the Second World War and veterans of hostilities, family members of persons who died in the Second World War from among the personnel of self-defense groups of objects and emergency local air defense teams, as well as family members of bereaved employees of hospitals and hospitals in the city of Leningrad - 795 rubles.

EDV is assigned without taking into account district coefficient established by the Government of the Russian Federation depending on the area of ​​residence. However, the amount of the UDV is subject to indexation in the manner and within the time limits determined by the Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation” for indexing the size of the basic part of the labor pension.

It should be added that part of the UDV amount can be used to finance the provision of social services to a citizen in accordance with the Federal Law of July 17, 1999 No. 178-FZ “On State Social Assistance”. Reference book of the chairman of the trade union committee. How to become a labor veteran? Everything is decided by the regions.” - M.: Profizdat, 2007. No. 24. S. 38. At the same time, paragraph 7 of Art. 154 of the Federal Law of August 22, 2004 No. 122-FZ, it is established that, until the entry into force of the relevant federal law, the amount of unified income is not taken into account when calculating the size of the total income of a family (a citizen living alone) to assess their need when determining the right to receive subsidies for housing and utilities.

UDV is established and paid by the territorial body of the Pension Fund of the Russian Federation. The procedure for the implementation of the UDV was approved by order of the Ministry of Health and Social Development of Russia dated November 30, 2004 No. 294. This procedure establishes the general rules for applying for payment, the procedure for considering citizens' applications, determines the list of documents required for assigning a payment, as well as the rules for establishing and accruing a payment, regulates the issues of its delivery.

A citizen who has the right to a UDV has the right to apply for it at any time after the emergence of this right. You can apply for payment both personally and through your representative, while the application and all documents can be sent by mail.

As a general rule, the UDV is assigned from the date of application for it, but not earlier than the right to this payment arose. The day of application is considered the day of submission of the application with all necessary documents. If the application was sent by mail, then the day of application will be the date indicated on the postmark at the place where the application was sent. After receiving the application within 10 days (not later), the territorial body of the Pension Fund of the Russian Federation makes a decision on the appointment of the payment. However, the Pension Fund of the Russian Federation may also refuse to appoint a UDV, for example, not all documents have been submitted, the person belongs to regional beneficiaries, etc. in case of refusal, the Pension Fund of the Russian Federation must notify the citizen no later than 5 days from the date of such a decision, indicating the reasons for the refusal and return all documents. If a citizen does not agree with the decision made, he has the right to appeal it to a higher body of the Pension Fund of the Russian Federation (in relation to the body that made the decision). At the same time, the decision of the territorial body of the Pension Fund of the Russian Federation and the higher one can be appealed in court.

The procedure approved by the order of the Ministry of Health and Social Development of Russia dated December 20, 2004 No. 317 provides that the suspension, extension and resumption of payment is carried out according to the rules defined for labor pensions. The basis for the suspension and resumption of the payment of a labor pension is established by Art. 21 of the Federal Law "On labor pensions in the Russian Federation".

If you have any questions about the procedure for assigning UDV, determining its amount or delivery, you should contact the territorial bodies of the Pension Fund of the Russian Federation, which have departments for the reception of the population, where competent specialists receive citizens on all issues related to pension provision, and also provide clarifications on monthly cash payments.

UDV is calculated taking into account the decision to refuse a set of social services or one social service from this set. In other words, if there is a citizen's application for renunciation of all social services (one social service), their cost is not deducted from the amount of the unified income established for the corresponding category. An application for refusal to receive social services (social services) is submitted to the territorial body of the Pension Fund of the Russian Federation annually before October 1 of the current year in person or in another way, for example, by mail or through a representative. It became possible to refuse a set of social services (social services) only since 2006. In the absence of an application for the provision of a set of social services, social services are not provided and, accordingly, the cost of a set of social services is not deducted from the amount of the monthly monetary compensation.

Set of social services(or "social package") is a list of social services provided to certain categories of citizens.

Social services are an essential attribute of a modern welfare state. The significance of this phenomenon leads to the identification of an independent stage in the development of the welfare state - the state of social services (S.V. Kalashnikov See: Kalashnikov S.V. Functional theory of the welfare state. - M .: Economics, 2002. P. 69.), and to the consideration of the function of providing social services as one of the parties to the social activity of the modern state (V.E. Chirkin See: The social legal state: questions of theory and practice: Materials of the interuniversity scientific and practical conference. St. Petersburg, June 21, 2003 / Compiled by N. S. Nizhnik, N. A. Chekunov, edited by D. I. Lukovskaya, St. Petersburg, 2003, p. 3).

According to V.E. Chirkin, the state has always fulfilled the tasks of providing social services to the population to some extent. See: Chirkin V.E. State of social capitalism (perspective for Russia?) // State and law. 2005. No. 5. P. 56. Indeed, if we consider as one of the reasons for the emergence of the state the need of society for an institution capable of solving “common affairs”, then it should be recognized that the activities of the state in building roads, establishing communications between different parts of the country, eliminating the consequences of natural and other disasters is an activity that has a pronounced social orientation. One can argue about the reasons why these services were provided, but it must be admitted that they served the interests of the majority.

The main act that gives a legislative interpretation of a number of issues related to understanding the essence of social services is the Federal Law of 17.07.1999. No. 178-FZ "On State Social Assistance", in Art. 1 of which defines the concept of a "set of social services" - a list of social services provided to certain categories of citizens in accordance with this Federal Law.

With regard to social services in Art. 3 of the said Law uses such characteristics as universal accessibility and socially acceptable quality of services. Characteristically, these requirements were introduced by the Federal Law of August 22, 2004 No. 122-FZ. In general, it is to this Law that we owe the saturation of the Federal Law “On State Social Assistance” with the term “social services”.

In this Law, social services are associated only with social assistance, that is, they are interpreted more narrowly. In connection with this narrow interpretation, subjects with the right to receive social services are categories of citizens designated as a closed list (Article 6.1), for example, war invalids. Article 6.2 of this Law reveals the concept of a "set of social services" by listing the services included in it. At the same time, the disadvantage of this Law is that the legislator has legally established two social services (clause 1, part 1 of this article and clause 2, part 1, article 6.2), but in fact, in these clauses, a much larger number of these services can be distinguished: additional free medical care; drug provision when receiving additional free medical care; sanatorium-and-spa treatment in the presence of medical indications; free travel on intercity transport to the place of treatment and back; free travel on suburban rail transport.

According to Art. 6.2 the first three of the above services are combined into one social service, the last two are also considered by the legislator as a single social service. Such an understanding does not reflect the content of each of the services: medical care, drug provision, sanatorium treatment as a specific type of medical care, transport services that have a specific purpose (to the place of treatment), transport services as actions to move from one geographical point to another regardless of the purpose of the move. Putilo N.V. To the question of the nature of social services // Journal of Russian law. 2006. No. 4. S. 94.

450 rubles are provided for payment of a set of social services. per month, while paying for additional free medical care, including providing the necessary medicines and providing, if there are medical indications, vouchers for sanatorium treatment - 400 rubles, for free travel - 50 rubles. The amounts allocated for the provision of a set of social services (social services) may be changed by the Government of the Russian Federation.

Based on the information entered in the Federal Register, the Pension Fund of the Russian Federation provides information on citizens entitled to receive a set of social services (social services) to the Social Insurance Fund, the Federal Compulsory Medical Insurance Fund and the Federal Agency for Health and Social Development, i.e. e. in the structures responsible for the provision of social services.

The following categories of citizens have the right to receive state social assistance in the form of a set of social services: war invalids (including former juvenile prisoners recognized as disabled); participants in the Second World War (including former minor prisoners); combat veterans; military personnel who served in military units, institutions, military educational institutions that were not part of the army in the period from June 22, 1941 to September 3, 1945 for at least 6 months, military personnel awarded orders or medals of the USSR for service in specified period; persons awarded with the badge "Inhabitant of besieged Leningrad"; persons who worked during the Second World War at the objects of air defense, local air defense, the construction of defensive structures, naval bases, airfields and other military facilities within the rear borders of the active fronts, operational zones of the operating fleets, on the front-line sections of railways and roads, and also members of the crews of the ships of the transport fleet, interned at the beginning of the Second World War in the ports of other states; family members of war veterans who died (deceased), veterans of the Great Patriotic War and veterans of military operations, family members of persons who died in the Great Patriotic War from among the personnel of the self-defense groups of the facility and emergency teams of the local air defense, as well as family members of the deceased workers of hospitals and hospitals in the city of Leningrad.

The procedure for providing a set of social services to certain categories of citizens, which regulates the procedure for providing these services, was approved by order of the Ministry of Health and Social Development of Russia dated December 29, 2004 No. 328.

Since 2006, it is possible to refuse the entire set of social services or only one social service. To do this, you should contact the territorial body of the Pension Fund of the Russian Federation, which makes a monthly cash payment. The application is submitted for the next year, that is, social services social service) will not be provided from January 1 of the next year. The application deadline is October 1 of the current year. If an application for waiver of one social service from the entire set of social services was not submitted before October 1, then next year these services will be provided as before. Thus, if a citizen wants to receive next year instead of a set of social services (social services) sum of money equal to the cost of a set of social services (social services), the corresponding application had to be submitted before October 1 of the current year.

Now more about the social services provided to certain categories of citizens.

The protection of the health of citizens is a set of measures of a political, economic, legal, social, cultural, scientific, medical, sanitary-hygienic and anti-epidemic nature, aimed at preserving and strengthening the physical and mental health each person, maintaining his long-term active life, providing him with medical care in case of loss of health (Article 10 of the Fundamentals of 07/22/1993).

Primary health care is the basic, accessible and free of charge for every citizen types of medical care. It is provided by institutions of the municipal health system and the sanitary and epidemiological service. Its volume is established by the local administration in accordance with the territorial programs of compulsory medical insurance.

Emergency medical care is provided to citizens in conditions requiring urgent medical intervention and is carried out without delay by medical and preventive institutions, regardless of territorial, departmental subordination and form of ownership, medical workers, also by persons obliged to provide it in the form of first aid by law or a special rule.

Specialized medical care is provided to citizens with diseases that require special methods diagnostics, treatment and use of complex medical technologies.

Important integral part medical care is drug assistance to the population. The procedure for preferential dispensing of medicines is established by the Federal Law. In addition, relations in this area are regulated by the legislation of the subjects of the federation. Potapova N.S. Social Security Law: Workshop. - Vladivostok: VGUES, 2006, S. 79. During treatment in inpatient medical institutions - hospitals, clinics, hospitals, etc. - regardless of the duration of treatment, medicines are provided free of charge.

In accordance with the Federal Law of August 22, 2004 No. 122-FZ, from January 1, 2005, benefits for the free provision of medicines for disabled people and participants in the Second World War, former minor prisoners of fascism, veterans of military operations, people who worked during the Great Patriotic War on air defense facilities, the construction of defensive structures and other military facilities are included in the social package and are replaced by monetary compensation, including the cost of transport and health resort treatment in the amount of 450 rubles per month. Buyanova M.O., Kobzeva S.I., Kondratieva Z.A. Social security law: a study guide. - M.: KnoRus, 2005. S. 214-217.

Sanatorium treatment also serves the cause of protecting the health of citizens and is closely related to medical care. However, it is an independent type of social security and involves the social security of citizens with vouchers for sanatorium treatment, free or at a discount.

Benefits for providing vouchers to sanatoriums and dispensaries are provided to: disabled veterans of the Second World War; war veterans in other countries; citizens who worked in besieged Leningrad; labor veterans; other categories of citizens. Invalids of the Great Patriotic War, if they wish, instead of a voucher, have the right to receive compensation for its cost once every two years.

In accordance with the Federal Law of August 22, 2004 No. 122-FZ, from January 1, 2005, benefits for free provision of sanatorium vouchers for disabled people and participants in the Second World War, former minor prisoners of fascism, veterans of military operations, persons who worked during the Great Patriotic War on air defense facilities, the construction of defensive structures and other military facilities are included in the social package and are replaced by monetary compensation (including the cost of transport and drug provision) in the amount of 450 rubles per month.

As a general rule, the provision of sanatorium-resort treatment is carried out by providing vouchers to the relevant sanatorium-resort organizations. while staying in sanatoriums, citizens receive the treatment they need, however, according to their application, sanatorium-resort treatment can also be provided in the form of outpatient-resort treatment, that is, without food and accommodation. If there are contraindications to sanatorium treatment, the attending physician prescribes a course of restorative or rehabilitation treatment.

If a citizen refuses to receive a set of social services (social service), then he receives an additional amount of money equal to the cost of a set of social services (social service), but he will no longer be able to use these services. In the event that he has the right to receive a set of social services and wishes to go to a sanatorium, he needs to obtain a voucher for sanatorium treatment. A voucher can be issued if there are medical indications and there are no contraindications for spa treatment. The procedure for medical selection and referral of citizens for sanatorium treatment was approved by order of the Ministry of Health and Social Development of Russia dated November 22, 2004 No. 256.

To obtain a voucher for sanatorium treatment, you should contact the medical institution (polyclinic) at the place of residence, where a certificate is issued for obtaining a voucher. Then, with a certificate and an application for the provision of sanatorium treatment, you need to contact the executive bodies of the Social Insurance Fund of the Russian Federation or the social protection authorities (at the place of residence).

Medical selection and referral to sanatorium treatment is carried out by the attending physician and the head of the department. The attending physician determines the medical indications for treatment and the absence of contraindications for its implementation. After applying to a medical institution at the place of residence, a certificate of the established form is issued, in which sanatorium-resort treatment is recommended, the name of the resort, the profile of the sanatorium-resort institution, and the recommended season are indicated.

Certain categories of veterans with disabilities are paid monetary compensation for expenses for sanatorium treatment, for gasoline or other types of fuel, repair, maintenance of vehicles for spare parts for them, as well as for transport services in accordance with the Decree of the Government of the Russian Federation of 10.07.1995 No. 701, which approved the “Procedure for assigning payment to certain categories of disabled veterans of monetary compensation for expenses for sanatorium treatment” and “the procedure for assigning and paying certain categories of disabled veterans monetary compensation for expenses on gasoline or other types of fuel, repair, maintenance of vehicles funds and spare parts for them, as well as for transport services. These regulations were adopted on the basis of the Federal Law "On Veterans" and determine the conditions for the appointment, payment and sources of financing of monetary compensation. The payment of monetary compensations for sanatorium-and-spa treatment to the disabled, whose pensions are paid by the social protection authorities of the population, is carried out at the expense of the budgets of the constituent entities of the Russian Federation.

You can get to the place of sanatorium treatment and back by suburban rail transport, as well as by international rail, air, water (river) and road transport. However, the law provides for certain restrictions. For example, intercity rail transport does not provide for travel in branded trains and luxury cars. Getting to the place of treatment by plane, you can only fly in economy class. As for water transport, you can use the cabins of the third category, road transport must be public.

The priority mode of transport to the place of sanatorium treatment and back is railway transport. In order to organize free railway travel for preferential categories of citizens, the Social Insurance Fund of the Russian Federation concludes a state contract with Russian Railways OJSC. To travel to the place of treatment in long-distance trains, special coupons are issued. These coupons give the right to the subsequent free receipt of travel documents. Order of the Ministry of Railways of the Russian Federation of July 26, 2002 No. 30 “On Approval of the Rules for the Transportation of Passengers, Baggage and Cargo Luggage on the Federal Railway Transport” (as amended on March 28, 2007) // Russian newspaper. № 154-155. 20.08.2002.

The set of social services provided to certain categories of citizens also includes the right to free travel on suburban rail transport, that is, on electric trains, throughout the Russian Federation. Regardless of which company operates the suburban electric train, the procedure for granting benefits remains the same.

If the veteran decides to fly by plane or use water or road transport, he will receive directions to purchase the appropriate travel tickets. Directions for free travel are also issued in duplicate (round trip). In the bodies of the Social Insurance Fund of the Russian Federation, referrals are issued only for intercity automobile travel to the place of sanatorium treatment. In order to organize free travel by road transport, the bodies of the Social Insurance Fund of the Russian Federation conclude agreements with motor transport organizations. The Social Insurance Fund of the Russian Federation concludes government contracts with airlines.

Certain categories of persons with disabilities are entitled to compensation for monetary expenses: for gasoline or other types of fuel, repair, maintenance of vehicles and spare parts for them (monetary compensation for operating costs); for transport services instead of obtaining a vehicle at the request of disabled people who have medical indications for receiving it free of charge (monetary compensation for transport services).

The payment of monetary compensations for operating expenses and transport services to disabled people is carried out at the expense of the same sources as compensations for sanatorium-and-spa treatment. The amount of monetary compensation for operating expenses and transport services is established by the constituent entities of the Russian Federation. Buyanova M.O., Kobzeva S.I., Kondratieva Z.A. Social security law: a study guide. - M.: KnoRus, 2005, S. 168-170.

The provisions of Federal Law No. 122-FZ of August 22, 2004 cannot be considered as excluding the obligation of the Russian Federation to provide disabled veterans of the Great Patriotic War - in the presence of relevant medical indications established before January 1, 2005 - as persons with a special legal status arising from the recognition of their services to the Fatherland, free replacement of the vehicle after seven years of its operation, if it was received before January 1, 2005 as a technical means of rehabilitation, or establish adequate monetary compensation for this benefit. Determination of the Constitutional Court of the Russian Federation of July 17, 2007 No. 624-O-P // Network Internet, This e-mail address is being protected from spambots. To view it, you need Java-Script enabled. Provision of cars to veterans of the Great Patriotic War who became disabled due to a general illness, work injury or other reasons (except for persons whose disability was due to their illegal actions) and combat invalids who have medical indications for free receipt of cars and those registered for the first time to provide cars before January 1, 2005 is determined by Decree of the Government of the Russian Federation of 09/06/2007 No. 561.

Also, the provisions of the Federal Law of August 22, 2004 No. 122-FZ cannot be considered as excluding the obligation of the state, represented by the constituent entities of the Russian Federation, to provide disabled veterans of the II group who have acquired the right to receive monetary compensation for the operating costs of vehicles before January 1, 2005, the payment of appropriate monetary compensation in an amount not less than that which took place before January 1, 2005 and implies the obligation of the Russian Federation to provide financial assistance to the constituent entities of the Russian Federation - in case of insufficiency of their own budget funds- to cover these costs. Definition of the Constitutional Court of the Russian Federation of 08.02.2007 No. 321-O-P // Network Internet, This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Security measures of social support for veterans to pay for housing and utilities, as well as providing them with housing enshrined in Art. 23.2 of the Federal Law "On Veterans". It states that the Russian Federation transfers to the state authorities of the constituent entities of the Russian Federation the authority to provide social support measures for paying for housing and communal services and for providing housing for certain categories of citizens established by this Federal Law who need to improve their housing conditions and registered before January 1 2005.

Funds for the implementation of the transferable powers to provide these measures of social support are provided as part of the Federal Compensation Fund, formed in the federal budget, in the form of subventions. Subventions are credited in accordance with the procedure established for the execution of the federal budget to the accounts of the budgets of the constituent entities of the Russian Federation. The procedure for spending and accounting for funds for the provision of subventions is established by the Government of the Russian Federation. The form of providing these measures of social support is determined by the regulatory legal acts of the constituent entity of the Russian Federation.

Decree of the Government of the Russian Federation of December 12, 2007 No. 861 “On Approval of the Methodology for Distributing Subventions from the Federal Budget between the Budgets of the Subjects of the Russian Federation for the Payment of Housing and Communal Services to Certain Categories of Citizens and the Rules for Enrolling, Spending and Accounting for Subventions Provided from the Federal Budget in 2008-2010 years to the budgets of the constituent entities of the Russian Federation for payment of housing and communal services to certain categories of citizens ”it is said that the distribution of subventions provided to the budgets of the constituent entities of the Russian Federation at the expense of the federal budget to provide social support measures for the payment of housing and communal services provided in accordance with the legislative acts of the Russian Federation to certain categories citizens from among veterans and disabled persons is carried out in order to financially secure the expenditure obligations of the constituent entities of the Russian Federation that arose in the course of the fulfillment of the relevant powers of the Russian Federation, transferred to the state authorities of the constituent entities of the Russian Federation. The use of subventions for other than their intended purpose entails liability in accordance with the procedure established by the legislation of the Russian Federation. Control over the spending of subventions by the constituent entities of the Russian Federation is assigned to the Federal Service for Financial and Budgetary Supervision and the Federal Service for Supervision in the Sphere of Health and Social Development in accordance with the established powers.

Veterans are also provided with such a measure of social support as the provision of ritual services. Human life on Earth is accompanied by a continuous change of generations - such is the immutable law of nature. Funeral culture is one of the oldest forms of social culture, widespread everywhere. Burial places always accompany places of human residence. Although the funeral culture is characterized by the stability of forms, they are modified and improved over time and changes in the social situation.

Russia has always taken care of its defenders like a mother, from birth to death. So, in the “Bulletin of the military clergy” for 1882 it is written: “The brother of the tsars, His Imperial Highness, Grand Duke Vladimir Alexandrovich ordered the development of rules for the burial of soldiers for the creation of military cemeteries, where the Warrior will be buried with special solemnity and honor, befitting the defender of the Faith , Tsar and Fatherland". Startsun V.N. On some issues of the implementation of guarantees for the burial of dead (deceased) military servicemen (in terms of reimbursement of expenses for the manufacture and installation of tombstones) // Law in the Armed Forces. 2006. No. 2. S. 47-48. In the name of the living, for the glory of paternal care for the army, the structure of military burials was developed according to the branches of the military, the ritual of the funeral itself with the provision of military honors to the deceased, perpetuating his merits to the Fatherland.

The current military-social legislation in this sense has remained true to tradition. By virtue of Art. 3 of the Federal Law "On the Status of Military Personnel", the social protection of military personnel, citizens discharged from military service, and members of their families is a function of the state and provides for the implementation of their rights, social guarantees and compensation by state authorities, military authorities and local governments.

According to Art. 24 of the Federal Law "On Veterans", the burial of the dead (deceased) participants in the Great Patriotic War, combat veterans, war invalids, veterans of military service is carried out at the burial sites, taking into account the wishes of their relatives (servicemen - with military honors). For the indicated categories of veterans, expenses related to the preparation for the transportation of the body, the transportation of the body to the place of burial, cremation, burial, the manufacture and installation of a tombstone, are reimbursed at the expense of the federal executive body authorized in the field of defense, other federal executive bodies, in which provides for military and equivalent service.

The burial of veterans of other categories is carried out in accordance with the Federal Law of January 12, 1996 No. 8-FZ "On Burial and Funeral Business". Burial is defined as ritual actions for burying the body (remains) of a person after his death in accordance with customs and traditions that do not contradict sanitary and other requirements. Burial can be carried out by committing the body (remains) of the deceased to the earth (burial in a grave, crypt), fire (cremation followed by burial of an urn with ashes), water (burial in water in the manner determined by the regulatory legal acts of the Russian Federation).

The norms of expenses for the burial of the deceased (deceased) are determined by the Government of the Russian Federation. Payment of expenses for paperwork required for the burial of the deceased, transportation of the deceased to the morgue, mortuary services; to provide a coffin, urn, wreath; for the transportation of the body (remains) to the place of burial (cremation); for burial (cremation), the manufacture and installation of a tombstone is carried out at the expense of the ministries and other federal executive bodies in which the deceased (deceased) served in military service. The burial of the deceased (deceased) is carried out in military cemeteries, in military sections of public cemeteries or in other places of burial, taking into account the will of the deceased (deceased) or the wishes of the spouse, close relatives or other relatives.

By Decree of the Government of the Russian Federation of December 14, 2005 No. 765 “On Amendments to the Decrees of the Government of the Russian Federation on the Burial of the Dead (Dead) Servicemen and Persons Equivalent to them”, from January 1, 2006, amendments were made to Decree of the Government of the Russian Federation of May 6, 1994 No. 460 in part of the extension of its action to all categories of veterans of hostilities, an increase in the norms of expenses reimbursed by the state for burial up to 8,000 rubles, and in the year. Moscow and St. Petersburg up to 10,000 rubles, and establishing a norm for paying for services for the installation of tombstones no more than 20% of the norms of expenses for these purposes. Thus, the previous inconsistency between the Federal Law "On Veterans", which establishes the right of family members of veterans of military operations in the territory of the Russian Federation to reimbursement of burial expenses at the expense of federal executive authorities, and Decree of the Government of the Russian Federation of 06.05.1994 No. 460 , the previous version of which did not establish the norms for reimbursement of these expenses.

In connection with this, the financial department of the State Committee for Foreign Affairs of the Ministry of Internal Affairs of Russia prepared and issued the Order of the Ministry of Internal Affairs of Russia dated March 27, 2006 No. 199, taking into account the changes made to Decree of the Government of the Russian Federation dated May 6, 1994 No. 460. In particular, the obligation to reimburse the corresponding costs for the burial of war veterans the number of former servicemen of the internal troops of the Ministry of Internal Affairs of Russia who are not entitled to a pension from the Ministry of Internal Affairs of Russia, is assigned to the pension bodies of the Ministry of Internal Affairs, the Central Internal Affairs Directorate, the Internal Affairs Directorate at their place of residence. Article: On monetary allowance and other payments to military personnel and civilian personnel of the internal troops of the Ministry of Internal Affairs of Russia // Journal of Your Budget Accounting. No. 10. 2006. P. 10.

Decree of the President of the Russian Federation of 03.03.2007 No. 270 “On some issues of perpetuating the memory of the dead (deceased) military personnel, employees of internal affairs bodies, participants in the Great Patriotic War, veterans of military operations and veterans of military service” also made its own adjustments.

The basic document protecting the rights of veterans in the CIS countries is the Agreement on Mutual Recognition of Benefits and Guarantees for Participants and Disabled Persons of the Great Patriotic War, Participants in Combat Operations on the Territory of Other States, Families of the Dead Servicemen, signed by the governments of the CIS member states on April 15, 1994, according to to which the persons referred to in Article 1 of this Agreement, regardless of the territory of the state of which of the Parties they reside, enjoy the benefits and guarantees provided for by the national legislation of the Parties and this Agreement.

The Agreement contains a list of benefits and guarantees established for the categories of persons covered by the Agreement. The basis for the provision of benefits are documents issued by the relevant authorities of the former USSR or by the Parties in the forms in force on January 1, 1992, at the place of permanent residence of the person entitled to benefits.

Given the special status of war veterans, the legislation to their labor pension, assigned depending on the duration seniority and the amount of earnings before retirement, increases are established.

Yes, Heroes Soviet Union, persons awarded the Order of Glory of three degrees, the increase is 500% of the minimum old-age pension, war invalids of the first and second groups - 400%, war invalids of the third group and participants in the war - 250%.

Georgia

Georgia has taken the necessary measures to provide benefits and guarantees for participants and invalids of the Great Patriotic War, participants in hostilities in the territories of other states, and families of fallen servicemen. In particular, in 1995 the Law "On Veterans of War and the Armed Forces" was adopted, and a state service for veterans' affairs was created. Social protection measures for veterans are also provided for in the tax, civil and customs codes of Georgia, in the Law on Duties, the Law on Local Fees, in decisions of local authorities and administrations, and in a number of other legal acts.

In May 2009, President of Uzbekistan Islam Karimov signed a decree on the payment of allowances in the amount of 120,000 sums (about $80) to veterans of the Great Patriotic War by May 9. The money is allocated from the republican budget.

Ukraine

The Law of Ukraine "On the status of war veterans, guarantees of their social protection" legislatively ensures the implementation of the Agreement on Mutual Recognition of Rights to Reduced Travel for Disabled Persons and Participants of the Great Patriotic War, as well as persons equated to them dated March 12, 1993 and the Agreement on Mutual Recognition of Benefits and guarantees for participants and invalids of the Great Patriotic War, participants in hostilities on the territory of other states, families of fallen servicemen of April 15, 1994 and the Protocol to it of May 26, 1995.

Every year until May 5, veterans of the war are paid annual one-time financial assistance. In 2009, these payments amounted to: 540 hryvnia (about $66 as of May 1, 2009) for disabled veterans of group I, 430 hryvnia (about $53) for disabled veterans of group II, 380 hryvnia (about $47) for disabled veterans of group III, combat actions and former minor prisoners of concentration camps, ghettos and other places of detention, as well as children who were born in places of detention of their parents, 340 hryvnia (about $42).

Payments were made at the expense and within the funds provided by the Ministry of Labor under the budget program, the amount of expenses in 2009 for the payment of assistance amounted to 402.9 million hryvnia (about 50 million dollars).

War veterans, combatants and disabled people of certain categories are provided with various benefits (for travel, utility tariffs, medical care, vouchers to health centers, etc.) and additional payments to pensions.

P 1. General characteristics of the legislation

on the legal status and social security

veterans of war, labor and military service*

The problem of the legal status of veterans is complex and

goaspective.
It should be noted that the basis of the legal status of veterans is

state the constitutional rights and freedoms of man and civil

Danina. The scope of rights and ϲʙᴏbaud, which can be used

to be a citizen in the state, as well as the scope of duties,

assigned to it are in direct proportion to

its legal status, which is a prerequisite

other elements of the legal status of a citizen.

The Constitution of Ukraine has significantly expanded and

social sphere, unified the concept of the right of citizens

on social protection, has created the necessary prerequisites

ki for the further development of legislation on social

al protection of citizens. The status of veterans is raised

den to the rank of special laws. It should be noted that it differs somewhat

special features compared to the usual status

citizens. These features are expressed in the grounds for

knowledge of a citizen by a veteran of war, labor or military

which service and ways of their social protection.

Social security of a citizen who has a

tus veteran, is a system of norms prvp. go-

1 Hereinafter, for brevity, simply Z yvetrppoi *.

state benefits and guarantees that ensure the implementation

the creation of the most important rights and ϲʙᴏbod, the degree of satisfaction

niya material and spiritual needs of man.

Social security is inseparable from the most important

th moral principle of justice.

The legislation on social protection contains a number of

special normative acts regulating the right

howling status of veterans of war, labor and military service.

After the declaration of state sovereignty

Ukraine has practically created a new national standard

legal framework for the social protection of veterans

war, labor and military service. According to the ϶ᴛᴏth problem,

The following Laws of Ukraine have been adopted: On the foundations of social

protection of disabled people in Ukraine

provision; no status and social protection of citizens,

victims of the Chernobyl disaster;

no social and legal protection of military personnel and

their family members; no pension provision for the military

servants and persons in command and rank and file

internal affairs bodies; no status of war veterans,

guarantees of their social protection; About the main principles

principles of social protection of labor veterans and other citizens

given to old age in Ukraine; IO status of the wind-

new military service and their social protection.

Current Veterans Welfare Laws

guarantee them equal rights with all other citizens

opportunities to participate in work activities. Material published on http: // site
Know-

but, for example, that the onset of retirement age or

the establishment of one of the disability groups will not

the reason that could hinder the wind-

Well, continue working. On the contrary,

nodatship stimulates the labor activity of persons with

limited ability to work by paying them

full pension, regardless of the amount received by the pensioner

remuneration (income) for ϲʙᴏth work.

In all regions of Ukraine there are complex

programs for social and labor rehabilitation of disabled people,

retained the ability to work and willing to work,

a special system of labor arrangements has been created, us-

standards for workplaces intended for

for the employment of disabled people at enterprises of all

forms of ownership.

Creating conditions for the labor activity of citizens

given with limited ability to work, the state is

ret under ϲʙᴏyu protection of people in need of employment

roystve and provides them with the opportunity to implement

right to work, choice of profession and occupation through

public employment service. At the same time continue

work or go on vacation a person decides for himself.

The legislation does not provide for any restrictions

of the right to work of citizens (veterans, disabled people)

cut the state employment service. It means that

working veterans, disabled people can simultaneously

stand in two types of legal relations: labor and pension

onnyh. Moreover, the transition to retirement involves

receiving additional social benefits and benefits

entities, and they depend on the category of veterans and their legal

status.

The legislation on social protection distinguishes three

The legislator recognizes persons as war veterans. at-

who took part in the defense of the Motherland or in military operations

actions on the territory of other states. To such

ᴏᴛʜᴏϲᴙ tsam: combatants, disabled people

war, participants in the war.

To the participants in the hostilities ᴏᴛʜᴏϲᴙ before

total military personnel who took part in

performing combat missions to defend the Motherland as part of

ve military units, formations, associations of all

types and branches of the Armed Forces of the current

army (navy), in partisan detachments and underground, other

formations both in wartime and in peacetime.

The circle of persons who are considered participants in hostilities

actions, defined by Art. 6 of the Law of Ukraine *0 veterinary status -

wounds of war, guarantees of their social protection from 22

October 1993 (with subsequent changes and additions)

" The list of units that are part of the current

army, and other formations is determined by the Cabinet of the Mini-

string of Ukraine.

According to available data to date, in the UK-

there are 750 thousand participants in the hostilities

To the invalids of the war, there are persons from among the military

servicemen of the army and navy, partisans, sub-

Polish workers who became disabled due to injury,

concussions, mutilations, diseases received during the protection

Motherland, performance of duties of military service (serving

domestic duties) or related to staying on

front, in partisan detachments and formations, underground

organizations and groups and other formations,

recognized as such by the legislation of Ukraine,

the area of ​​military operations on the front lines

railways, at the construction of defensive lines

zhey, naval bases and airfields during the civil

Danish and Great Patriotic Wars, or with the participation

in combat operations in peacetime.

Among other disabled persons equated to disabled

ladies of war, ᴏᴛʜᴏϲᴙ:

military personnel, civilians who have become

disabled due to injury, concussion, mutilation,

levaniya received during the defense of the Motherland, performance

military service obligations associated with the stay

at the front in other than the Great Patriotic War,

periods; involved in the liquidation of the consequences of Cher-

Nobyl disaster, nuclear accidents, nuclear tests

tany, participation in military exercises with the use of nuclear

weapons, other destruction of nuclear material -

mi; persons of commanding and rank and file bodies

Internal Affairs and the State Security Committee

ty of the former USSR, the Ministry of Internal Affairs of the UK-

Raina, the Security Service of Ukraine and other military

formations that became disabled due to injury,

concussions, injuries or diseases received during the use of

performance of official duties, elimination of consequences

Chernobyl disaster, nuclear accidents, nuclear research

torture, participation in military exercises using nuclear

weapons, other damage by nuclear materials;

"Uryadoviy hens" єр, 2000.З No. 51.

minors (which at the time of conclusion were not used

turned 14 years old) prisoners of fascist concentration camps and

other places of detention recognized

disabled from a general illness, work injury or

for other reasons;

persons who became disabled due to injuries and other

hy health injuries received in areas of combat

out actions during the Great Patriotic War and

from explosives, ammunition and military weapons

zheniya in the postwar period, as well as in the performance

works related to the clearance of ammunition

men of the Great Patriotic War, regardless of the time

the menu of their execution;

persons who became disabled as a result of hostilities

actions during the civil and Great Patriotic

wars or became disabled for the specified reasons

as a minor in the military and post-war

new years;

military personnel, civilian personnel, as well as

the former fighters of the fighter battalions and detachment

dov of protecting the people and other persons who accepted incons-

limited participation in combat operations to eliminate

sabotage and terrorist groups and other illegal

formations on the territory of the former USSR

and became disabled due to injury, concussion or

injuries sustained in the performance of official duties

in these battalions, platoons and detachments in the period from

combatants on the territory of other states

states that became disabled due to injury, con-

injuries, injuries or illnesses associated with the stay

eat in these states.

The total number of war invalids in Ukraine, reportedly

niyam of the periodical press, is 270 thousand people. "

This is as of 1997. Now, of course, the number

them decreased.

war. Participants in the war are recognized as military service

"Social Zakhist: Newsletter, 1997.Z

No. 1. Z S. 33.

harvesters who served in the military during the war in

Armed Forces of the former USSR, and workers

rear, as well as other persons provided for by law

certificate of war veterans. The circle of persons ᴏᴛʜᴏϲᴙ approaching

participants in the war, is given in Art. 9 Law of Ukraine

according to statistics, more than 3 million people. "Although they,

of course more. The point is that to set the status of a participant

war veteran, especially home front workers, sometimes labor

but. Many of them, due to the remoteness of events

war, supporting documents have not been preserved. AT

In connection with this, a number of regulatory legal acts have been adopted, re-

walking ϶ᴛᴏt question.

adopted a special resolution on the commissions on distribution

consideration of issues related to the establishment of the status

sa participant in the war.2

Ministry of Social Protection of the Population of Ukraine

ina approved the Model Regulations on commissions.3 In co-

in accordance with this It is worth saying - the regulation created commissions in

all districts, regions and interested departments:

at the military registration and enlistment offices, the Ministry of Internal Affairs, regional security services

sti and other state bodies.

The commission, on the basis of the available documents,

instills the status of a participant in the war to persons who are born

for good reasons cannot provide sufficient

evidence confirming the fact of work during the period of Ve-

the face of the Patriotic War and the war against the imperialist

which Japan in 1941-1945. With ϶ᴛᴏm one should have in

the status of a participant in a war is established only on the basis of

documents and other undeniable evidence.

Testimony of witnesses is not taken into account.

"Social Zakhist: Newsletter, 1997

No. 1. Z S. 33.

2 joint venture of Ukraine, 1996.

Z#15. ZST. 142.

Newsletter, 1996

8 Social Zakhist:

No. 2.Z S. 46.

Evidence of labor activity during the war years

we can have various documents and information for

informational nature, as well as state

awards (orders and medals) received for hard work

valor during the war years. List of awards, kᴏᴛᴏᴩ

can be evidence, established by the legislator

The legal status of a war participant is established

district (city) commissions working under

bodies of social protection at the place of residence, and

new status of a participant in hostilities

mi commissions at the military registration and enlistment offices. It is worth noting that they also issue and

Relevant Documents: Member ID

war or YCertificate of a participant in hostilities.

The status of labor veterans is regulated by the Law

nom of Ukraine N About the basic principles of social protection

shields of labor veterans and other elderly citizens

changes and additions) * Veterans

labor are recognized by citizens who conscientiously

worked in the national economy, state institutions

deniya, organizations and associations, have labor

experience (35 years for women and 40 years for men) and higher

whether to retire. Excluding the above, veterans of labor ᴏᴛʜᴏϲᴙ

employees who are assigned pensions on preferential terms

conditions in connection with work on especially harmful and especially heavy

desired industries according to Lists No. 1 and No. 2, with the presence of

chii, ϲᴏᴏᴛʙᴇᴛϲᴛʙno, total work experience 3 first

mu List in women 3 25 years old and in men 30 years old, and according to

the second Schedule Z in women Z 30 years and in men Z 35

years. The veterans of labor also include disabled people I and

II groups receiving disability pensions, if they

have a total work experience of at least 15 years, all others

pensioners awarded with the medal Y Veteran of Labor in

legislation of the former USSR.

"Vedomosti of the Verkhovna Rada of Ukraine, 1994. Z No. 4. Z Art. 18;

1995. Z No. 45. Z-St. 339; 1996. Z No. 3.Z Art. eleven; 1997.Z No. 8.Z

The status of citizens is equated to labor veterans

advanced age. The elderly

recognized men aged 60, women 55 years

and older, as well as persons who, before reaching the general

the retirement age is less than one and a half years.

konom, as veterans of labor.

special status,3 ϶ᴛᴏ veterans of military service. Ve-

citizens of Ukraine are recognized as military service veterans

others who served impeccably in military service 25

and more years in calendar terms and dismissed in

reserve or retire in ϲᴏᴏᴛʙᴇᴛϲᴛʙ and with legislation

Ukraine or the former USSR, as well as disabled people I

and II groups, the disability of which occurred as a result of

injuries, contusions, mutilations or diseases associated with

performance of military duties."

P 2. Types and procedure for providing

social benefits for veterans of war, labor

and military service

The concept of benefits in the legal and economic

literature is defined as giving someone

benefits, partial exemption from performing

established rules, obligations (for example, tax

benefits, pension benefits, etc.) or relief

viy their implementation. Benefits are usually associated with special

rights and benefits granted to those

rennyh legislation.

The relevance of the issue is determined by the broad and

strange public interest, which is manifested

now to the problem of benefits as a form of re-

implementation of the principles of social justice.

"Law of Ukraine No status of veterans of military service and

Hovnoy Rada of Ukraine, 1998. Z No. 40.Z 41. Z Art. 249.

A number of reasons that determine the need to exist

benefits, is associated with the presence of special merits in front of

society, and benefits should emphasize public

recognition of these merit. Benefits allow in some

degree to solve social problems (social benefits)

It is worth noting that they are intended for certain social groups,

in need of additional social protection.

Benefits have the quality of consumer value

sti, although they are provided to the consumer free of charge

but. At the same time, from an economic point of view, benefits are not

are free for the state, because constitute

a significant portion of the cost of social services

"veterans of war, labor and military service.1 Character-

The main feature of benefits will be that they traditionally do not

form an independent organizational form. It is worth noting that they

as if superimposed on existing ones, for example, on

retirement and are closely related to it. The benefits will be

part of a wider system of social protection

you are veterans of war, labor and military service.

The right to benefits, as well as the right to the main type of social

provision for a pension, is established by law

government, and the amount of benefits provided depends on

law and in strictly defined cases.

No one can enjoy illegal benefits.

Established benefits are not subject to expansion

interpretation neither by the circle of persons, nor by their types. Most-

the largest amount of social benefits is provided for inva-

war leaders.

What are benefits for disabled veterans?

and in what form are they provided?

"Given that the state today is not in a position to pro-

nanance all benefits provided to war veterans, re-

decision of the Verkhovna Rada of Ukraine dated February 17, 2000, suspended

leno for the year 2000, the effect of the provisions of legislative acts

Ukraine in terms of providing benefits and compensations, financial

from the budget of all levels. (Art. 62 of the Law of Ukraine

in the state budget for 2000 // Voice of Ukraine,

The first legal acts that provided

certain benefits and benefits for active participants

nicknames of the war appeared even before the end of the war. By-

gradually a system of benefits aimed at improving the

benno a large number of decisions on ϶ᴛᴏth issue was

adopted in the former Soviet Union in the late 60s and 70s.

At the same time, these decisions do not work in Ukraine now.

The right to benefits for war invalids and the procedure for their provision

regulations have been elevated to the rank of laws. Established law

nom entitlement to benefits and benefits for persons with disabilities is not

is inextricably linked with the fact of disability, and the amount of

given benefits Z with a disability group. When determining

division of the disability group is established and its

the reason on which the right of a disabled person to social

protection 3 for pension, its size, as well as for benefits.

A document certifying the right of a disabled person to

benefits and benefits, there will be a

the form updated by the competent authorities. Before 1975

of the year the right of invalids of war and other equated to

them with disabilities on the benefits established for them

supported by various documents. Multiple

the nature of the documents created certain inconveniences and

difficulties both for the disabled themselves and for the

organizations that provided privileges and benefits.

All types of benefits established by law for

war invalids can be divided into several groups:

pension benefits; benefits for prosthetics and

baking with special vehicles; easy-

you for work and employment; medical benefits

mu service, sanatorium treatment and

the provision of benefits for temporary disability;

housing and communal benefits; tax breaks and

fees; travel concessions.

Retirement benefits can be provided to persons with disabilities

ladies in the form of increased pensions, and those of them

those who have reached retirement age and have certain

divided length of service, can go from pension to inva-

retirement age and receive a pension according to

disability in the minimum amount as an allowance to

old-age pension." When assigning an old-age pension

that war invalids (and equated to them in pen-

security for persons) provides for a reduction

age for five years,2 inclusion in the length of service in three

nominal amount of time spent at the front.

Quite often, benefits are provided to war invalids

are put in the form of an extraordinary free tooth-

prosthetics, providing other prostheses and pro-

tezno-orthopedic products.

Prosthetics

by means, which are partially, and sometimes fully

Tew compensate for those lost due to injury, con-

tuzii or disease functions of the body. It is worth noting that it

helps many disabled people not only on their own, without

outside help to serve themselves in everyday life, but also ver-

rush to hard work.

Providing war invalids with almost all kinds of

prosthetic and orthopedic products, special means -

mi movement is carried out by social

protection. Various types of prostheses, devices are issued

disabled people by healthcare institutions.

War invalids are completely exempted from payment

cost of almost all types of prosthetic and orthopedic

products and special vehicles. Special

social means of transportation are provided in-

valid for free personal use.

A very important type of benefits will be labor benefits.

and employment of disabled people. In general, these benefits

similar to the right of citizens to work. At the same time, in this case

the issue of granting work is decided on the basis of

the state of health of the disabled person and the preserved way

ness to work. Inclusion of disabled people to work Z ϶ᴛᴏ

one of the forms of social and labor rehabilitation of the disabled

leads, which not only brings them back to work and improves

financial situation, but also gives a deep moral

satisfaction from the fact that they will be full-fledged-

mi members of society.

"Article 6 of the Law of Ukraine on pension provision.

2 Art. 16 of the Law of Ukraine No. pesion provision.

Benefits of this nature include: extraordinary

placement of disabled people in the specialty in ϲᴏᴏᴛʙᴇᴛϲᴛʙii

with the preparation and conclusion of a medical and social ex-

pertiza, the pre-emptive right to leave for rent

both when reducing the number or staff of employees

kov due to changes in the organization of production

and labor, and employment in the event of liquidation of

acceptances, institutions, organizations.

Labor legislation provides for

working disabled people a number of benefits and benefits. In part-

war invalids are exempted from probationary

th term when applying for a job. It should be noted that they cannot be

are attracted to overtime work, to work on weekends

and night time without their consent.

For invalids of war can be installed sparing-

working mode with part-time work with pay

according to the actual production or according to the actual

botanical time. It is worth noting that they can work from home (home-

Benefits for taxes and fees, like other types of benefits,

are provided to war invalids on the basis of the fact

validity, not the type of pension received. Therefore, I don’t

transfer of a war invalid to another type of pension (for example,

old-age or superannuation pension) does not deprive

his entitlement to these benefits.

Benefits for war invalids for travel by transport

those. War invalids are provided with benefits and benefits

roadways on almost all types of urban pastures

passenger public transport:

trams, trolleybuses, buses, automobile

transport to countryside, as well as railway

by road and water transport of suburban communication

niya and bus suburban routes within

area of ​​residence. This right extends

and to a person accompanying a disabled person of group I.

The essence of these benefits and benefits is essentially that

invalids of the war are exempted from paying fares for

transport. Except as stated above, persons with disabilities enjoy the right

for the extraordinary purchase of travel tickets and

serving other types of transport services. Volume

of the benefits provided for travel depends on the type of transport

port, time of year and disability group. Yes, right

free travel by long-distance public transport

follow 3 exclusively disabled people of I and II groups. It is to them

the right to travel free of charge once per

year (round trip) by rail, water, air

by local or intercity road transport,

and persons accompanying a disabled person of group I (no more than

one accompanying person), 3 50% discount

fare once a year (round trip) indicate

other modes of transport.

War invalids and persons accompanying them on the train

for disabled people of group I, the right to use

intercity transport of these types according to

The right to travel at a reduced fare (with payment of 50%

fares) used by invalids of war I and II

groups. Reduced fare tickets are sold inva-

leaders of the war upon presentation of a certificate of disability

yes wars. Passage of disabled people at a reduced rate in the autumn

non-winter period is not limited by distance and presenting

lyatsya in trains and cars (cabins, saloons) of all classes

on routes carrying out regular passenger

transport, with the exception of transport of tourist

routes or special non-scheduled flights.

Benefits and benefits established for participants

nicknames of fighting. The nature and types of benefits

battlefield veterans and war invalids practically

the same, but their volume is different and different, for example,

measures, on the volume of benefits for war invalids. So, if you take

a purely quantitative list of benefits for combatants

actions and invalids of war, then, ϲᴏᴏᴛʙᴇᴛϲᴛʙno

in the first case there will be 22 species, and in the second 3 27. Not-

big difference. Although in terms of the content of the benefits, participants

kov fighting are somewhat different from the benefits

war invalids. Let's explore this side of the issue.

For the first time, benefits for combatants were

installed in the former USSR in 1978. It is worth noting that they

delivered only to military personnel and persons of civilian

hired personnel who served in military units

ties, headquarters and institutions that were part of the action

active army during the Great Patriotic War

1941-1945 and during other military operations.

The main condition that determined the right to benefits

and advantages, was the very fact of participating in hostilities

action to defend the homeland. Based on all of the above, we come to the conclusion that the concept of

stnik of hostilities is much wider than YInva-

leader of the war, and therefore benefits and benefits for students

stalkers of war extend to a wider circle

persons, incl. and on war invalids.

the state of Ukraine is already in our time, in 1993. And to them

ᴏᴛʜᴏϲᴙ, as already noted, first of all, work

nicknames of the rear, who worked during the war years for the defense of the country.

What are the perks and benefits for

combatants?

The list of types of benefits for the category of war veterans

we are enshrined in Art. 12 of the Law of Ukraine No status

war veterans ... s. It is worth saying, for the participants in the hostilities,

as well as for war invalids, various

privileges. It is worth noting that they enjoy a whole range of benefits.

The benefits will stay at a higher level of pension

ongoing support. So, pensions for combatants

actions increased by 150 percent of the minimum

old-age pension.

In addition to pension benefits for combatants

stviya are provided with benefits on taxes and fees.

For working veterans, the amount of income payment is reduced

tax to the level established by the disabled war-

us. All participants in hostilities enjoy the privilege -

mi free travel on the city passenger

transport, 75% discount on rent

and utilities, as well as payments for fuel, pre-

delivered to the population living in houses without

central heating, free medical

kim service and priority right to

Spa treatment.

Benefits and benefits provided by the participants

combat operations are not limited to the list of

lazy. They also receive other benefits.

A little about the benefits to the participants in the war.

Participants in the war, awarded orders and medals

distances of the former USSR for selfless work

and impeccable military service in the rear during the war years, pen-

/ these are increased by 75% of the minimum retirement pension

grow, other participants in the war Z are 50 percent mi-

minimal retirement pension.

It should be emphasized that the system of benefits for participants

war is in the making. It should be noted that it was created

quite recently, although the contingent of beneficiaries is

quite a large part of war veterans and consists of

older pensioners who have been retired for a long time

state budget for 2000 suspended

for the year 2000, the effect of many provisions on the provision of

research institutes of benefits and compensations to participants in the war.

Assessing the effectiveness of benefits, in this case,

Needless to say, they perform an important function

for the provision of targeted social assistance to one

of the poorest categories of the population.

In Legislation on the Status and Benefits of Veterans

war, a circle of persons with special merits to

Motherland. Such persons are considered Heroes of the Soviet

Union, full cavaliers of the Order of Glory, persons awarded-

four or more medals of YZa courage, as well as Ge-

swarms of Socialist Labor, awarded the ϶ᴛᴏth title

during the Great Patriotic War of 1941-1945.

The number of these honored people has enough

a steady downward trend, moreover, ahead of

the number of all veterans of war and labor, which is increasing in pace.

Persons with special merits enjoy great

volume of benefits affecting various aspects of their

lifestyle. It is worth saying that for the ϶ᴛᴏth category of citizens,

higher pension than other veterans

war. It is worth noting that they are entitled to a pension supplement in the amount of

250 percent of the minimum retirement pension. IN 1999

year, the size of the pension supplement was increased again.

There are a number of benefits for free treatment,

use medical institutions, hospitals

tion, free provision of vouchers to sanatoriums

and rest homes, exemption from paying certain fees

dov taxes.

Special merits to the Motherland are celebrated not only

these benefits, but also the improvement of housing conditions

lovy. Persons with special merits are provided with

There is an additional living area up to 20 sq. m.

The legislator has established for persons with special

meadows, a ritual of free burial with military honors

the dead (deceased Hero of the Soviet Union, half-

cavalier of the Order of Glory, a person awarded four

me with medals of YZa courage. Hero of the Socialist

Labor, construction on the grave of the deceased (deceased), non-

depending on the time of death, tombstones, payment to the wife

(husband) and children under the age of 18 in case of death

(death) lump sum in size 20 mini

"small wages on the day of death (death)"

On benefits for veterans of labor and citizens of declining

new age. The legislation of Ukraine establishes

A certain level of guarantees, benefits and benefits

for labor veterans and ensures their implementation. Ve-

labor terans enjoy all the socio-economic

kim and personal rights and ϲʙᴏ bods, enshrined

in the Constitution of Ukraine. Discrimination against citizens pre-

advanced age in the field of labor, health, social

social security is prohibited, and officials

violating these warranties will be held liable

ness in accordance with the current legislation.

All legislation on veterans of labor is aimed at

the formation in society of a humane, respectful attitude

wearing them and ensuring their active longevity.

What benefits do labor veterans and citizens of pre-

clone age? Benefits for labor veterans are few

lenny and do not play a significant role in the formation

their standard of living. Among the benefits provided to all

veterans of labor, usually called preferential

right to health care and use

next vacation at a convenient time for them, oϲʙᴏ-

deduction from payment for land and land tax received

loan for the construction or purchase of summer cottages

houses and improvement of garden plots and others.

A small amount of benefits is also provided for citizens.

advanced age. It is worth noting that they have the right, if available

total length of service, early retirement,

"Article 16 of the Law of Ukraine no status of war veterans, guaranteed

ties of their social protection.

one and a half years before the statutory

age, incl. on preferential terms. It is important to note that lonely

persons in need of constant care

de, a monthly allowance is provided in the amount, us-

established by the Law of Ukraine No pension provision

chenii. If a single elderly citizen

hundred owns a residential building, then it can be

fully or partially exempted from payment of land-

tax or rent for land.

The legislation provides for citizens of pre-

advanced age guarantees for medical and social

assistance at home and in special institutions,

for guardianship and guardianship and a number of other benefits.

Benefits for military veterans. The right of the wind

new military service for benefits established by law UK-

raina no status of veterans of military service and their social

al protection*. This law provides for a number of benefits

for former military personnel. Note that they are entitled to

benefits for medical care and sanatorium-ku-

oral treatment, payment for housing and utilities

services. But the legislator also made adjustments to the Law

con of Ukraine on the state budget for 2000.

Some benefits suspended for 2000. Kabi-

no Ministers of Ukraine are invited to consider the

increased monetary compensation for benefits to military personnel.

Veterans of military service enjoy the right to free

paid acquisition of ownership of the property occupied by them and

members of their families of housing, regardless of the size of its

schey area, in the houses of the state housing stock.

The traditional type of benefits will be labor benefits.

du. The methods of their provision are different (mainly

new leaving at work with a reduction in the number

or staff, the use of vacation at a convenient

time, receiving annual leave of full duration

before the six-month period of continuity

jerky work in the first year of work on this pre-

"Vedomosti of the Verkhovna Rada of Ukraine, 1998.

A characteristic feature of granting benefits and

benefits to military veterans are

It turns out that they enjoy benefits not only one by one

to the law on his status, but also the benefits established by

mi for them by other regulatory legal acts on

social protection of war veterans. But ϶ᴛᴏ does not mean

not that they can use several of the same and

the same benefits. In case the right to the same

the benefit is provided for by various legal and regulatory

mi acts, this benefit is provided under one of them

at the choice of a veteran of military service.

Veterans of military service and members of their families are deprived of

entitlement to benefits while serving as a veteran

the punishment imposed on him by the court in the form of deprivation of ϲʙᴏ-

Benefits established for all categories of veterans

are guaranteed and provided at the expense of state funds

donation and local budgets. But they're not enough

only 20% of the state finances benefits under the Law

of Ukraine, Social Protection of War Veterans"

Normative legal acts of state bodies

executive power and local self-government,

limiting the rights of veterans to benefits, provided for-

nye Laws of Ukraine, will be invalid.

Of course, benefits should organically fit into

system of social protection of the population, supplementing and clarifying

nyaya separate stages of formation of incomes of citizens.

With ϶ᴛᴏm, the provision of benefits should not contradict

chit the principle of social justice. Benefits pre-

delivered to certain social groups. It is worth noting that they

are targeted and aimed at social

protection of people respected in society 3 war veterans

us, labor and military service.

In the course of reforming the system of social protection

you are envisaged to develop a more efficient system

mu life support and social services ϶ᴛᴏй

benefits in the areas:

"Ordering chickens" єр, 2000, Z No. 51.

3 provision of medical care, medical

stones and spa treatment;

Provision of comfortable comfortable housing

and public services;

From the creation of economic conditions for unhindered

private use of public transport and

provision of vehicles for personal use

in ϲᴏᴏᴛʙᴇᴛϲᴛʙ and with the current legislation,

provision of other means of transportation;

3 expansion of relations with government bodies

and public organizations of the 3 participating states

nicks of the CIS W in order to improve the benefits, pre-

stipulated by international agreements."

"See: The main directions of social policy for 1997 -

Uryadoviy hens "єr, 1997.З No. 200-203.