Regulatory framework for the activities of a social worker

Anisimova S.A., Ph.D., Associate Professor. In their activities, social workers are based on the legal framework that exists in the Russian Federation, international legal documents ratified by the Russian Federation. These documents are both general (for all areas of activity) and special (for the social sphere,

regulating the activities of social workers).

Russian legal documents include:

The Constitution of the Russian Federation declares that “1. The Russian Federation recognizes and guarantees the rights and freedoms of man and citizen in accordance with the generally recognized principles and norms of international law and in accordance with this Constitution. 2. Fundamental human rights and freedoms are inalienable and belong to everyone from birth. 3. The exercise of human and civil rights and freedoms must not violate the rights and freedoms of others.”30

30 Constitution of the Russian Federation. M., 2010. Ch. 2. Rights and obligations of a person and a citizen. Article 17.

The Labor Code of the Russian Federation dated December 30, 2001 No. 197 guarantees the following rights to employees:

– conclusion, amendment and termination of an employment contract in the manner and on the terms established by this Code, other federal laws;

– providing him with a job stipulated by an employment contract;

– a workplace that meets the state regulatory requirements for labor protection and the conditions stipulated by the collective agreement;

– timely and in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;

– rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, the provision of weekly days off, non-working holidays, paid annual holidays;

– complete reliable information about working conditions and labor protection requirements at the workplace;

– vocational training, retraining and advanced training in accordance with the procedure established by this Code and other federal laws;

– association, including the right to create trade unions and join them to protect their labor rights, freedoms and legitimate interests;

– participation in the management of the organization in the forms provided for by this Code, other federal laws and the collective agreement;

– conducting collective negotiations and concluding collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement, agreements;

protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law;

resolution of individual and collective labor disputes, including the right to strike, in accordance with the procedure established by this Code and other federal laws;

– compensation for harm caused to him in connection with the performance of labor duties, and compensation for moral damage in the manner prescribed by this Code, other federal laws;

compulsory social insurance in cases stipulated by federal laws.

The employee is obliged:

conscientiously fulfill their labor duties assigned to him by the employment contract;

– follow the rules of internal labor regulations;

– observe labor discipline;

– comply with established labor standards;

– comply with labor protection and labor safety requirements;

– take care of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees;

– immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the employer (including

property of third parties held by the employer, if the employer is responsible for the safety of this property).31

Federal Law of July 22, 1993 No. 5487-1 “Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens” guarantees the right to health protection :

– Citizens of the Russian Federation have an inalienable right to health protection. This right is ensured by the protection of the natural environment, the creation of favorable conditions for work, life, recreation, education and training of citizens, the production and sale of good-quality food, as well as the provision of affordable medical and social assistance to the population;

– the state provides citizens with health protection regardless of gender, race, nationality, language, social origin, official position, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances;

– the state guarantees citizens protection from any form of discrimination caused by the presence of any diseases (persons guilty of violating this provision bear the responsibility established by law);

– citizens of the Russian Federation who are outside its borders are guaranteed the right to health care in accordance with international treaties of the Russian Federation;

Citizens have the right to regularly receive reliable and timely information about factors that contribute to the preservation of health or have a harmful effect on it, including information about the sanitary and epidemiological well-being of the area of residence, rational nutrition, products, works, services, their compliance with sanitary norms and rules , about other factors

31 Labor Code of the Russian Federation of December 30, 2001 No. 197. Chapter 2. Labor relations, parties to labor relations, grounds for the emergence of labor relations, Art. 21 Basic rights and obligations of employees.

(information is provided by the local administration through the media or directly to citizens at their request in the manner established by the Government of the Russian Federation);

– in case of illness, disability and in other cases, citizens have the right to medical and social assistance, which includes preventive, medical diagnostic, rehabilitation, prosthetic, orthopedic and prosthetic care, as well as social measures to care for the sick, disabled and disabled, including the payment of temporary disability benefits. 32

Federal Law of June 24, 1998 No. 125 “On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases” guarantees the right to:

– provision for insurance in the manner and on the terms established by this Federal Law;

– participation in the investigation of an insured event, including with the participation of a trade union body or its authorized representative;

– appeal against decisions on the investigation of insured events to the state labor inspectorate, trade union bodies and to the court;

– protection of their rights and legitimate interests, including in court;

– free training in safe methods and techniques of work on the job, as well as on the job in the manner determined by the Government of the Russian Federation, with the preservation of average earnings and payment of travel expenses;

– self-appeal to medical and preventive institutions of the state healthcare system and institutions of medical and social expertise on issues of medical examination and re-examination;

32 of the Federal Law of July 22, 1993 No. 5487-1 “Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens.” Section IV. The right of citizens in the field of health care, Art. 17. The right of citizens of the Russian Federation to health care, Art. 19. The right of citizens to information about factors affecting health, Art.20. The right of citizens to medical and social assistance.

– applying to trade unions or other representative bodies authorized by the insured on issues of compulsory social insurance against industrial accidents and occupational diseases;

– receiving from the insured and the insurer free information about their rights and obligations under compulsory social insurance against accidents at work and occupational diseases.

The insured is obliged:

– comply with labor protection rules and labor protection instructions;

– notify the insurer of a change in his place of residence or place of work, as well as the occurrence of circumstances that lead to a change in the amount of insurance security he receives or the loss of the right to receive insurance coverage, within ten days from the date such circumstances occur;

– follow the recommendations on medical, social and vocational rehabilitation within the terms established by the program of rehabilitation of the victim as a result of an accident at work and occupational disease, undergo medical examinations and re-examinations within the terms established by the institutions of medical and social expertise, as well as in the direction of the insurer. 33

Federal Law No. 122 of August 2, 1995 “On social services for the elderly and the disabled” guarantees social workers:

– the right to professional activity in the field of social services”; 34

– the right to private activity in the field of social services; 35

33 of the Federal Law of June 24, 1998 No. 125 “On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases”. Chapter III. Rights and obligations of subjects of insurance, Art.

16. Rights and obligations of the insured.

34 of the Federal Law of August 2, 1995 No. 122 “On social services for the elderly and the disabled”. Chapter

V. Professional activity in the field of social services for the elderly and disabled, Art. 34.

– the rights of social workers, 36 according to which social workers employed in the state and municipal sectors of social services have the right to:

1) work on the terms of an employment contract (contract),

2) free preventive examination and examination upon admission to work and free dispensary observation in state and municipal health care institutions at the expense of appropriate budgetary allocations,

3) protection of professional honor, dignity and business reputation, including in court,

4) obtaining qualification certificates and licenses for professional activities in the field of social services,

5) advanced training at the expense of the employer,

6) free receipt of living space and housing and communal services if they live in a rural area or urban-type settlements, in the manner prescribed by the legislation of the Russian Federation.

In the performance of their official duties, social workers employed in the state or municipal sectors of social services have the right to:

1) provision of special clothing, footwear and equipment or payment of monetary compensation for their purchase in the manner determined by the Government of the Russian Federation,

2) extraordinary service by state and municipal enterprises of trade, public catering, everyday life, communications, branches of savings banks and institutions providing legal assistance to social workers in the performance of their duties,

35 Ibid. Art.35.

36 Ibid. Art.36.

3) the priority installation of an apartment telephone and the acquisition of vehicles on preferential terms in order to serve the elderly and the disabled in the manner determined by the Government of the Russian Federation,

4) free travel on public transport (except taxis) for social workers whose professional activities involve traveling,

5) compensation for the operation of personal vehicles used to provide social services in the manner determined by the Government of the Russian Federation;

In addition, social workers are entitled to additional benefits, which are determined by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation. 37

Social service activities for elderly and disabled citizens are subject to control by the relevant services. 38

The social worker is obliged to serve the elderly and disabled in the following forms:

– social services at home (including social and medical care);

– semi-stationary social services in departments of day (night) stay of social service institutions;

– stationary social services in stationary social service institutions (boarding houses, boarding houses and other social service institutions, regardless of their name);

– urgent social services;

37 See ibid. Art. 36.

38 See ibid. Chapter VI. Control over the activities of social services for the elderly and disabled, Art. 37. Control over activities for the provision of social services.

– social advisory assistance. 39

Federal Law of December 10, 1995 No. 195 “On the basics of social services for the population in the Russian Federation” determines that

– the effectiveness of the activities of social services is ensured by specialists who have a professional education that meets the requirements and nature of the work performed, experience in the field of social services and are inclined in their personal qualities to provide social services;

– measures of social support for employees of the state system of social services are determined by the state authorities of the constituent entities of the Russian Federation in accordance with their powers;

– medical workers of the state system of social services directly involved in social and medical care may be provided with measures of social support in the manner and on the conditions that are provided for by laws and other regulatory legal acts of the constituent entities of the Russian Federation for medical workers of state health care institutions;

– employees of social service institutions of the state system of social services directly involved in the social rehabilitation of minors may be provided with measures of social support in the manner and on the conditions provided for by laws and other regulatory legal acts of the constituent entities of the Russian Federation for teaching staff of educational institutions for orphans, children, left without parental care, and special educational institutions for minors;

measures of social support for workers of social services of other forms of ownership are established by their founders independently on a contractual basis. 40

39 See ibid Chapter III. Social services for the elderly and disabled, Art. 16. Forms of social service.

The law defines the principles of social services that should underlie the activities of social workers (targeting, accessibility, voluntariness, humanity, priority of providing social services to minors in difficult life situations), 41 and also defines the concepts of “social services”,

“social service client”, “social services”, “difficult life situation”. 42

According to the Federal Law of February 7, 1992 No. 2300-1 “On Protection of Consumer Rights”, a social worker, as a performer of a certain type of activity, is obliged to:

– provide quality services in accordance with existing requirements or a concluded contract, 43

– timely provide the consumer (client) with the necessary and reliable information about the services, ensuring the possibility of their correct choice, 44

– bear responsibility for violation of the rights of the consumer (client). 45

At the same time, as a consumer, a social worker has all the consumer rights that this Federal Law is intended to guarantee.

40 of the Federal Law of December 1, 1995 No. 195 “On the basics of social services for the population in the Russian Federation.” Chapter V. Resource provision of social services, Art. 25. Staffing of social services.

41 See ibid. Ch. I. General Provisions, Art. 5.

42 See ibid. Ch. I, Art.3. Social services – enterprises and institutions regardless of form

property providing social services, as well as citizens engaged in entrepreneurial activities for social services to the population without forming a legal entity; social service client – a citizen who is in a difficult life situation, who is provided with social services in connection with this; social services – actions to provide certain categories of citizens in accordance with the legislation of the Russian Federation, to the client of the social assistance service provided for by this Federal Law; difficult life situation – a situation that objectively disrupts the life of a citizen (disability, inability to self-service due to old age, illness, orphanhood, neglect, low income, unemployment, lack of a fixed place of residence, conflicts and abuse in the family, loneliness, etc.).

43 of the Federal Law of February 7, 1992 No. 2300-1 “On consumer protection”, Chapter I. General provisions, Art. 4. Quality of goods (work, services).

44 See ibid. Art. 10. Information about goods (works, services).

45 See ibid. Art.12-13.

In accordance with the Federal Law of November 24, 1995 No. 181 “On the Social Protection of the Disabled in the Russian Federation”, social workers, as representatives of social services for the protection of the population, must provide social services to the disabled (see Federal Law of 02.08.1995 No. 122-FZ “On social services for the elderly and the disabled). 46

Federal Law No. 124 of July 24, 1998 “On the Basic Guarantees of the Rights of the Child in the Russian Federation” establishes:

– state minimum social standards of the main indicators of the quality of life of children, which include the established minimum volume of social services, in particular, social services, social protection of children, social adaptation and

social rehabilitation of children in difficult life

situations; 47

gives a definition of “social services for children” – organizations, regardless of organizational and legal forms and forms of ownership, carrying out activities for social services for children (social support, provision of social, medical, social, psychological and pedagogical, legal services and material assistance, social rehabilitation of children in difficult life situations, ensuring the employment of such children upon reaching working age), as well as citizens who carry out

46 of the Federal Law of November 24, 1995 No. 181 “On the social protection of the disabled in the Russian Federation”. Chapter III. Rehabilitation of the disabled, Art. 28. Social services for the disabled. The executive authorities of the constituent entities of the Russian Federation create special social services for the disabled, including those for the delivery of food and industrial goods to the disabled, and approve a list of diseases of the disabled, for which they are entitled to preferential services. Disabled people in need of outside care and assistance are provided with medical and household services at home or in stationary institutions. The conditions for the stay of persons with disabilities in a stationary social service institution must ensure the possibility for persons with disabilities to exercise their rights and legitimate interests in accordance with this Federal Law and contribute to the satisfaction of their needs.

47 of the Federal Law of July 24, 1998 No. 124 “On Basic Guarantees of the Rights of the Child in the Russian Federation. Chapter. I. General Provisions, Art. 8. Establishment of state minimum social standards for the main indicators of the quality of life of children.

formation of a legal entity entrepreneurial activity for social services to the population, including children. 48

According to the Federal Law, social workers:

– are responsible for the upbringing, education, health care, social protection and social services of the child,

– on behalf of the guardianship and guardianship authorities and other competent authorities, they can participate in activities to ensure the protection of the rights and legitimate interests of the child in the education, health, labor and social development authorities, law enforcement and other bodies involved in the protection of the rights of the child.49

On the basis of the Federal Law of June 24, 1999 No. 120 “On the Fundamentals of the System for the Prevention of Neglect and Juvenile Delinquency” , social service institutions, which include territorial centers for social assistance to families and children, centers for psychological and pedagogical assistance to the population, centers for emergency psychological assistance and other institutions social services, in accordance with the statutes of these institutions or their regulations:

– provide social services to minors who are in a socially dangerous situation or other difficult life situation, at the request of minors, their parents or other legal representatives, or at the initiative of officials of bodies and institutions of the system for the prevention of neglect and delinquency of minors in the manner established by the legislation of the subject of the Russian Federation ;

– identify minors who are in a socially dangerous situation, as well as families whose minor members need social services, carry out social rehabilitation of these persons,

48 See ibid. Chapter I. General Provisions, Art. 1. Concepts used in the Federal Law.

49 See ibid. Chapter I. General Provisions, Art. 7. Assistance to the child in the rehabilitation and protection of his rights and legitimate interests.

provide them with the necessary assistance in accordance with individual programs of social rehabilitation;

– take part, within their competence, in individual preventive work with neglected minors, including by organizing their leisure time, developing the creative abilities of minors in circles, interest clubs created in social service institutions, and also assist in organizing the rehabilitation and recreation of minors in need of state assistance;

– officials of social service institutions (social workers) have the right to:

1) visit minors in accordance with the established procedure, conduct conversations with them, their parents or other legal representatives and other persons;

2) request information from state bodies and other institutions on issues within their competence, invite minors, their parents or other legal representatives and other persons to clarify these issues. fifty

Decree of the Government of the Russian Federation of November 25, 1995 No. 1151 “On the Federal List of State-Guaranteed Social Services Provided to Elderly Citizens and Disabled Persons by State and Municipal Social Service Institutions” became invalid after amendments were made to the Federal Law “On Social Services for Elderly Citizens and Disabled Persons” dated August 22, 2004 No. 122.

50FZ of June 24, 199 No. 120 “On the fundamentals of the system for the prevention of neglect and juvenile delinquency”, Chapter II. The main activities of the bodies and institutions of the system for the prevention of neglected and juvenile delinquency, Art. 12. Management bodies of social protection of the population and social service institutions.

The international agreements on which the principles of social work are based, the activities of social workers ratified by the Russian Federation include:

The UN Charter (adopted on June 26, 1945 at the UN Conference in San Francisco), which proclaimed the principle of equality of people regardless of race, sex, language, religion: “To carry out international cooperation in resolving international problems of economic, social, cultural and humanitarian character and in the promotion and development of respect for human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion” (ratified by the Supreme Soviet of the USSR on August 20, 1945).51

Charter of Human Rights: Universal Declaration of Human Rights (adopted

December 10, 1948 by the UN General Assembly) proclaims human rights, regardless of ethnicity, religion, gender:

“All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards each other in the spirit of brotherhood” (ratified by the Decree of the Presidium of the Supreme Soviet of the USSR of March 18, 1954). 52

The Declaration of the Rights of the Child (adopted by the UN General Assembly on November 20, 1959) proclaims the rights of the child (10 principles), which are recognized for all children without any exception, distinction or discrimination based on race, color, sex, language, religion, political or other beliefs , national or social origin, property status, birth or other circumstances relating to the child himself or his family.

51 UN Charter. In: International conventions and declarations on the rights of women and children. In: International conventions and declarations on the rights of women and children. M., 1998

52 See ibid. Charter of Human Rights: Universal Declaration of Human Rights. pp.14-17.

52 See ibid. International Covenant on Civil and Political Rights. Part II.Art.3.http:www.un.org/russian/document/pactpol.htm

The International Covenant on Civil and Political Rights (adopted on December 16, 1966 by the UN General Assembly, entered into force on March 23, 1976) declared that: “The States Parties to this Covenant undertake to ensure the equal right of men and women to enjoy all civil and political rights provided for in this Covenant.” 53

The Declaration on the Elimination of Discrimination against Women (adopted on November 7, 1967 by the UN General Assembly) guarantees the implementation of the principle of equality beyond gender difference. 54

The Convention on the Elimination of All Forms of Discrimination against Women (adopted on December 18, 1979 by the UN General Assembly, entered into force on September 3, 1981) for the first time revealed the concept of “discrimination against women”

– “any distinction, exclusion or limitation on the basis of sex which is intended to weaken or nullify the recognition, enjoyment or exercise by women, regardless of their marital status, on the basis of the equality of men and women, human rights and fundamental freedoms in the political, economic, social, cultural, civic or any other field.”55

Convention No. 156 “On Equal Treatment and Equal Opportunities for Men and Women Workers: Workers with Family Responsibilities” (adopted on June 3, 1981 by the General Conference of the International Labor Organization (ILO) provides for measures designed to promote the adoption of an approach to the problem of equality of rights through the division of labor benefits and family responsibilities between working men and women on the basis of the principle of equal

54 See ibid. Declaration on the Elimination of Discrimination against Women.

55 See ibid. Convention on the Elimination of All Forms of Discrimination against Women. S.51-53, Part I, Art.1-2.

opportunities (ratified by the State Duma of the Federal Assembly of the Russian Federation on October 10 – October 19, 1997, by Decree of the President of the Russian Federation on October 30, 1997 No. 137-FZ).56

Declaration on the Elimination of Violence Against Women (adopted

December 20, 1993 UNGA) for the first time defines the concept of “violence against women” – “any act of violence committed on the basis of gender, which causes or may cause physical, sexual or psychological harm or suffering to women, as well as threats to commit such acts , coercion or arbitrary deprivation of liberty, whether in public or private life.” 57

The Convention on the Rights of the Child (adopted by the UN General Assembly on November 20, 1989) defines the tasks of the state, its role in protecting the rights of children, as well as the rights of the child as a subject of international law, introduces a number of new rights of the child: to survival and development; to preserve individuality; to freely express their views; to non-participation in hostilities; to the physical and psychological recovery and social reintegration of victims of abuse and exploitation.

The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (approved on October 6, 1999 by the UN General Assembly) allows women and women’s non-governmental associations to file individual complaints about violations of the Convention. Following the ratification and entry into force of the Optional Protocol in 2004, such complaints may be submitted to the UN Commission on the Elimination of Discrimination against Women by individuals, groups or organizations that have suffered harm or are otherwise affected by a violation of the rights set forth in the Convention. 58

56 See op. prod. Convention No. 156 on Equal Treatment and Equal Opportunities for Men and Women Workers: Workers with Family Responsibilities. pp. 171-173.

57 See ibid. Declaration on the Elimination of Violence against Women. S. 75-78, Art. 1-3.

58 See ibid. Optional Protocol to the Convention on the Elimination of All Forms of Discrimination in

regarding women .

5.2. Professionalism in social work

Kholostova E.I., Doctor of Historical Sciences, Professor. A profession is a kind of activity, occupation of a person who owns a complex of special knowledge and practical skills acquired in

as a result of general and special training, as well as work experience.

The profession “specialist in social work” was introduced in the Russian Federation in 1991. In the qualification handbook, a social work specialist is assigned the following job responsibilities: identifies families and individuals in enterprises, microdistricts, in need of socio-medical, legal, psychological, pedagogical, material and other assistance, in the protection of moral, physical and mental health; establishes the causes of their difficulties, conflict situations, including at the place of work, study, etc., assists in their resolution and provides social protection; promotes the integration of the activities of various state and public institutions to provide the necessary socio-economic assistance to the population; provides assistance in family education, the conclusion of employment contracts for work at home to women with minor children, the disabled, pensioners; conducts psychological, pedagogical and legal consultations on family and marriage issues, educational work with minor children with

antisocial behaviour.

Social work specialist: identifies and assists children and adults in need of guardianship and guardianship, placement in medical and educational institutions, receiving financial, social and other assistance; organizes public protection of juvenile delinquents, in necessary cases acts as their public defender in court; participates in the creation of centers for social assistance to families (adoption, guardianship

and guardianship, social rehabilitation), shelters, youth, adolescent, child and family centers, clubs and associations, interest groups, etc.; organizes and coordinates work on social adaptation and rehabilitation of persons who have returned from special educational institutions and places of deprivation of liberty59.

The concretization of the activities of social work specialists follows from its main functions;

diagnostic – studies the characteristics of a family, a group of people, individuals, the degree and direction of influence of the microenvironment on them and puts a “social diagnosis”;

prognostic – predicts the development of events, processes occurring in a family, group of people, society, and develops certain models of social behavior;

human rights, uses laws and legal acts aimed at providing assistance and support to the population, its protection;

organizational – promotes the organization of social services at enterprises and at the place of residence, attracts the public to their work and directs their activities to provide various types of assistance and social services to the population;

preventive-prophylactic – activates various mechanisms (legal, psychological, medical, pedagogical, etc.) for preventing and overcoming negative phenomena, organizes the provision of assistance to those in need;

socio-medical – organizes work on disease prevention, promotes mastery of the basics of first aid, helps prepare young people for family life, develops occupational therapy, etc.;

59 See: Supplement and Qualification Handbook for the Positions of Managers, Specialists and

employees, approved by the Decree of the USSR State Committee for Labor and Social Issues. – M., 1991.

socio-pedagogical – reveals the interests and needs of people in various types of activities (cultural and leisure, sports and recreation, artistic creativity) and attracts various institutions, societies, creative unions, etc. to work with them;

psychological – advises on interpersonal relations, promotes social adaptation of the individual, provides assistance in social rehabilitation to all those in need;

social and household – contributes to the provision of necessary assistance and support to various categories of the population (disabled people, the elderly, young families, etc.) in improving their life, housing conditions;

communicative – establishes contact with those in need, organizes the exchange of information, develops a single strategy for interaction, perception and understanding of another person.

Social workers in the performance of their professional functions are engaged in various activities. Their work is characterized by three approaches to solving the problem:

educational approach – acts as a teacher, consultant, expert; a social worker in such cases gives advice, teaches skills, establishes feedback, uses role-playing games as a teaching method;

facilitative approach – plays the role of an assistant or mediator in overcoming apathy or disorganization of the personality; when it is difficult for her to do it herself; the activity of a social worker with this approach is aimed at interpreting behavior, discussing alternative activities and actions, explaining situations, encouraging and targeting the mobilization of internal

Be First to Comment

Leave a Reply

Your email address will not be published.