FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 13, 2020 No. 189-FZ

About the state (municipal) social order on rendering the state (municipal) services in the social sphere

Accepted by the State Duma on July 7, 2020

Approved by the Federation Council on July 8, 2020

Chapter 1. General provisions

Article 1. Subject and scope of this Federal Law

1. This Federal Law governs the relations connected with forming and execution of the state (municipal) social orders on rendering the state (municipal) services to physical persons at the expense of the subsidies provided from budgets of the budget system of the Russian Federation in industries of the social sphere which for the purpose of this Federal Law treat education, health care, social protection, employment of the population, physical culture and sport, tourism (further - industries of the social sphere), including the rights and obligations of participants of such relations, the relations connected with methods of selection of contractors of the state (municipal) services in the social sphere on competitive basis with control of observance of the requirements established by this Federal Law.

2. Operation of this Federal Law does not extend to the relations arising in connection with provision of the state (municipal) services according to the Federal Law of November 29, 2010 No. 326-FZ "About compulsory medical insurance in the Russian Federation" (including the high-technology medical care which is not included in the basic program of compulsory medical insurance), the Federal Law of July 27, 2010 No. 210-FZ "About the organization of provision of the state and municipal services" (except for the state (municipal) services included in the all-Russian basic (industry) lists (qualifiers) of the state and municipal services rendered to physical persons), and also the separate state (municipal) services in the sphere of health protection determined by the Federal Law of November 21, 2011 No. 323-FZ "About bases of protection of public health in the Russian Federation".

3. In the cases which are not settled by this Federal Law, the rights, obligations and responsibility of participants of the relations specified regarding 1 this Article are determined according to the civil legislation of the Russian Federation, at the same time the legislation of the Russian Federation on consumer protection is applied to the relations between consumers of the state (municipal) services in the social sphere and contractors of the state (municipal) services in the social sphere in the part which is not settled by this Federal Law.

Article 2. The basic concepts used in this Federal Law

For the purposes of this Federal Law the following basic concepts are used:

1) the state (municipal) services in the social sphere - the state (municipal) services rendered to physical persons for the purpose of implementation of stipulated by the legislation powers of the Russian Federation of public authorities, local government bodies and included in the lists (qualifiers) of the state and municipal services established according to the budget legislation of the Russian Federation in industries of the social sphere;

2) the state (municipal) social order on rendering the state (municipal) services in the social sphere (further - the state (municipal) social order) - the document establishing the main indicators characterizing quality of rendering the state (municipal) services in the social sphere and (or) the amount of rendering such services in quantitative expression, category of consumers of such services and also containing specifying on the method of determination of the contractor of the state (municipal) services in the social sphere according to this Federal Law providing the state sales warranties of the rights of citizens to receipt of the state (municipal) services;

3) authorized body - the federal executive body performing functions on development of state policy and normative legal regulation in the established fields of activity, the public authorities of the subject of the Russian Federation, local government body approving the state (municipal) social order and providing provision of the state (municipal) services to consumers of the state (municipal) services in the social sphere according to the indicators characterizing quality of rendering the state (municipal) services in the social sphere and (or) amount of rendering such services and established by the state (municipal) social order;

4) the contractor of the state (municipal) services in the social sphere (further - the contractor of services) - the legal entity, including the public (municipal) institution, or if other is not established by the Federal Laws, the individual entrepreneur or physical person - the producer of goods, works, services rendering the state (municipal) services in the social sphere to consumers of the state (municipal) services in the social sphere based on the agreement signed according to this Federal Law;

5) selection of contractors of services - set of actions which are performed by authorized body, and in the cases established by this Federal Law, also the consumer of the state (municipal) services in the social sphere according to the requirements established by this Federal Law for the purpose of determination of contractors of services;

6) the consumer of the state (municipal) services in the social sphere (further - the consumer of services) - the physical person having according to the Federal Laws, the laws of subjects of the Russian Federation, regulatory legal acts of representative bodies of municipalities or legal acts adopted according to them the right to the state (municipal) services from the contractor (contractors) of services on a grant basis, and in the cases established by the Federal Laws for partial payment;

7) the social certificate on receipt of the state (municipal) service in the social sphere (the state (municipal) services in the social sphere) (further - the social certificate) - the personalized document certifying the right of the consumer of services or his legal representative to choose the contractor (contractors) of services for receipt of the state (municipal) service in the social sphere (the state (municipal) services in the social sphere) in certain amount and under certain conditions, and also in the cases of certain quality established by regulatory legal acts and the right of the contractor (contractors) of services to receive funds for financial provision (compensation) of the costs connected with rendering the corresponding state (municipal) service in the social sphere from the relevant budget of the budget system of the Russian Federation (the state (municipal) services in the social sphere).

Article 3. Rights of consumers of services

Consumers of services have the right on:

1) proper rendering the state (municipal) services to them in the social sphere;

2) obtaining is free in available form of information on the rights and obligations, types of the state (municipal) services in the social sphere, terms, procedure and about conditions of their provision, about the prices (rates) for these services and about their cost for consumers of services (if the legislation of the Russian Federation provides rendering the state (municipal) service in the social sphere for partial payment), and also about contractors of services;

3) the choice of the contractor of services in the cases established by this Federal Law;

4) refusal of receipt of the state (municipal) services in the social sphere if other is not established by the Federal Laws;

5) the appeal to authorized body with the statement for non-rendering or inadequate rendering the state (municipal) services in the social sphere the contractor of services;

6) realization of other state (municipal) services connected with obtaining in the social sphere of the rights provided by the Federal Laws.

Article 4. Obligations of contractors of services

1. Contractors of services shall:

1) to perform the activities according to this Federal Law, other Federal Laws, the laws and other regulatory legal acts of the subject of the Russian Federation, municipal legal acts;

2) to render the state (municipal) services in the social sphere to consumers of services according to social certificates, conditions of the agreements signed according to this Federal Law;

To provide 3) free of charge in available form to consumers of services or to their legal representatives information on their rights and obligations, on types of the state (municipal) services in the social sphere which are subject to rendering services to consumers and indicators of quality and (or) amount of their rendering, about details of the regulatory legal act establishing the standard (procedure) of rendering the state (municipal) service in the social sphere, and in the absence of such regulatory legal act - about the requirements to conditions and procedure for rendering the state (municipal) service in the social sphere established by authorized body about terms, procedure and about conditions of provision of the state (municipal) services in the social sphere, about the prices (rates) for these services and about their cost for consumers of services (in case, if the legislation of the Russian Federation provides rendering the state (municipal) service in the social sphere for partial payment) or about opportunity to receive them is free;

4) to use consumer information of services according to the requirements to protection of the processed personal data established by the legislation of the Russian Federation in the field of personal data;

To provide 5) to authorized body information on the course and results of rendering the state (municipal) services in the social sphere;

6) to fulfill other duties connected with realization of the rights of consumers of services to receipt of the state (municipal) services in the social sphere according to the Federal Laws, the laws and other regulatory legal acts of the subject of the Russian Federation, municipal legal acts.

2. Contractors of services when rendering the state (municipal) services in the social sphere have no right:

1) to limit the rights, freedoms and legitimate interests of consumers of services;

2) to apply physical or psychological abuse to consumers of services, to allow their insult, ill-treatment of them.

Article 5. Obligations of authorized bodies

Authorized bodies shall:

1) to provide the organization of rendering the state (municipal) services in the social sphere;

2) to provide free and non-paid information access about the approved state (municipal) social orders, about carrying out selection of contractors of services and results of such selection;

To provide 3) to contractors of services information necessary for rendering the state (municipal) services in the social sphere;

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