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On behalf of the Russian Federation

DECISION OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of November 28, 2012 No. AKPI12-1432

The Supreme Court of the Russian Federation in structure:

judge of the Supreme Court of the Russian Federation Petrova T. A.,

in case of the secretary I.,

with participation of the prosecutor Masalova L. F.,

having considered in proceeding in open court civil case according to the statement F. about recognition partially invalid Item 9 of procedure for development and implementation of the individual program of rehabilitation of the disabled person (handicapped child) (appendix N 3), the Ministry of Health and Social Development of the Russian Federation approved by the order of August 4, 2008 N 379 N,

established:

the paragraph third Item 9 of procedure for development and implementation of the individual program of rehabilitation of the disabled person (handicapped child) (appendix N 3), the Ministry of Health and Social Development of the Russian Federation approved by the order of August 4, 2008 of N 379 N (further - the Procedure), provides that replacement of technical means of rehabilitation after fixed term of use during action of the individual program of rehabilitation of the disabled person (handicapped child) is performed by executive body of Social Insurance Fund of the Russian Federation at the place of residence of the disabled person in the presence of the conclusion about lack of contraindications to providing the disabled person with the technical tool of rehabilitation issued by the medical commission of the medical organization giving treatment-and-prophylactic help to the disabled person.

T., being disabled person of the II group, appealed to the Supreme Court of the Russian Federation with the statement for recognition invalid the specified normative provision in the part ordering to perform replacement of technical means of rehabilitation after use term in the presence of the conclusion about lack of contraindications to providing the disabled person with the technical tool of rehabilitation issued by the medical commission of the medical organization giving treatment-and-prophylactic help to the disabled person. The applicant believes that Procedure Item 9 in the challenged part contradicts part 2 Articles 7, of part 2 of article 15 of the Constitution of the Russian Federation, to Articles 8, of 10, 11 Federal Laws of November 24, 1995 N 181-FZ "About social protection of disabled people in the Russian Federation", and also to Items 2, of 10 Rules of providing disabled people with technical means of rehabilitation and separate categories of citizens from among veterans artificial limbs (except dentures), prosthetic and orthopedic products, approved by the order of the Government of the Russian Federation of April 7, 2008 N 240 (further - Rules of providing disabled people with technical means of rehabilitation), and allows refusal to the disabled person in receipt of technical means of rehabilitation.

The Ministry of Labour and Social Protection of the Russian Federation (further - Ministry of Labor of Russia) in written objections specified the statement that Item 10 of Rules of disabled people does not provide with technical means of rehabilitation in the current version availability of the conclusion about lack of contraindications to providing the disabled person (veteran) with the technical tool (product) issued by the medical commission of the medical organization giving treatment-and-prophylactic help to the disabled person (veteran) (further - the conclusion about lack of contraindications), when replacing the technical tool (product) of rehabilitation after fixed term of use. This edition of Item 10 of Rules is approved by the order of the Government of the Russian Federation of April 8, 2011 N 264. Taking into account it the bases for recognition invalid challenged regarding the Procedure from the date of its approval - - are not available on August 4, 2008.

The Ministry of Justice of the Russian Federation (further - the Ministry of Justice of the Russian Federation) in written objections on the statement supported the arguments stated by the applicant.

T. in judicial meetings was not, asked to consider case in its absence.

Having listened to explanations of the representative of Ministry of Labor of Russia of B., the representative of the Ministry of Justice of the Russian Federation To., having estimated the challenged regulatory legal act on its compliance to the Federal Law and other regulatory legal acts having big legal force, having heard the conclusion of the prosecutor of the Prosecutor General's Office of the Russian Federation Masalova L. F., believing the application to grant, the Supreme Court of the Russian Federation finds the statement subject to satisfaction.

The Ministry of Health and Social Development of the Russian Federation based on Item 2 of Rules and according to Item 5.2.94 of the Regulations on the Ministry of Health and Social Development of the Russian Federation approved by the order of the Government of the Russian Federation of June 30, 2004 N 321, accepted the Procedure challenged in part. According to Item 5.2.98 of the Regulations on the Ministry of Labour and Social Protection of the Russian Federation approved by the order of the Government of the Russian Federation of June 19, 2012 N 610, competence on determination of form, procedure for development and implementation of the individual program of rehabilitation of the disabled person it is provided to Ministry of Labor of Russia. The regulation challenged in part is registered in the Ministry of Justice of the Russian Federation on August 27, 2008, registration N 12189, is published in "The Russian newspaper" on August 27, 2008, N 190.

The Federal Law "About Social Protection of Disabled People in the Russian Federation" determines that technical means of rehabilitation are provided to disabled people in the place of their residence by authorized bodies according to the procedure, determined by the Government of the Russian Federation, Social Insurance Fund of the Russian Federation, and also other interested organizations (Article 11 part fourteen. 1).

In pursuance of this regulation the Government of the Russian Federation approves Rules of providing disabled people with technical means of rehabilitation.

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