Organizational and legal aspects of disability, rehabilitation and adaptation of persons with combat injuries

Authors:

Karasaeva Lyudmila Alekseevna – Grand PhD in Medical sciences (Dr. Med. Sci.), Professor, Head of the Department of Healthcare Organization and Medical and Social Expertise of the Institute of Additional Professional Education, Albrecht Federal Scientific and Educational Centre of Medical and Social Expertise and Rehabilitation, 50 Bestuzhevskaya Street, 195067 St. Petersburg, Russian Federation, e-mail: ludkaras@yandex.ru, https://orcid.org/0000-0001-5621-0240.

Goryainova Marina Vladimirovna – PhD in Medical sciences (Cand. Med. Sci.), Associate Professor, Department of Healthcare Organization and Medical and Social Expertise, Institute of Additional Professional Education, Albrecht Federal Scientific and Educational Centre of Medical and Social Expertise and Rehabilitation, 50 Bestuzhevskaya Street, 195067 St. Petersburg, Russian Federation; e-mail: marinagoryainova@mail.ru, https://orcid.org/0000-0001-8904-8614.

Sokurov Andrei Vladimirovich – Grand PhD in Medical sciences (Dr. Med. Sci.), Associate Professor, Director of the Institute of Additional Professional Education, Albrecht Federal Scientific and Educational Centre of Medical and Social Expertise and Rehabilitation, 50 Bestuzhevskaya Street, 195067 St. Petersburg, Russian Federation; e-mail: ansokurov@yandex.ru; https://orcid.org/0000-0002-3736-2895.

Annotation:

Introduction. In the general contingent of disabled people, a special category are people who suffered as a result of combat trauma. In modern conditions, the issues of preventing disability and the formation of a system of rehabilitation of military personnel are directly related to the problems of national security and are moving to leading positions in the general system of rehabilitation of disabled people.

Aim. Analysis of legislative and regulatory legal acts of the Russian Federation governing the establishment of disability, rehabilitation and adaptation of persons with combat injuries.

Materials and methods. Materials: legislative and regulatory legal acts of the Russian Federation. Methods: data extraction, analytical.

Results. The classifications and criteria approved by the order of the Ministry of Labour and Social Protection of the Russian Federation dated 26.07.2024 No. 374n serve as a tool for establishing disability for persons with combat injuries. A citizen recognized as disabled due to a combat injury is issued a certificate confirming the fact of disability and an individual rehabilitation and habilitation program. The procedure for developing and implementing an individual rehabilitation and habilitation program for a disabled person is approved by the order of the Ministry of Labour of Russia dated 18.09.2024 No. 466n.

Discussion. Medical and social examination of persons with combat injuries is carried out on the basis of a comprehensive assessment of the body’s condition based on the analysis of clinical, functional, social, everyday, professional, labour, and psychological data of the person being examined. The main areas of comprehensive rehabilitation and habilitation of a disabled person due to a combat injury include: medical rehabilitation; prosthetic and orthopedic care; professional rehabilitation and habilitation; social rehabilitation and habilitation; sociocultural rehabilitation and habilitation; physical rehabilitation and habilitation using physical education and sports; recommended technical rehabilitation equipment and rehabilitation or habilitation services; a conclusion on the presence of medical indications for the disabled person to purchase a vehicle at his or her own expense or at the expense of other persons or organizations, regardless of their organizational and legal forms and forms of ownership; types of assistance needed by a disabled person to overcome barriers that prevent him or her from receiving services at social, engineering, and transport infrastructure facilities on an equal basis with other persons.

Conclusion. In modern conditions, organizational and methodological approaches to the process of medical and social examination and rehabilitation of disabled people due to military trauma received during the special military operation are based on general approaches regulated by the provisions of the Federal Law of 24.11.1995 No. 181-FZ “On the Social Protection of Disabled People in the Russian Federation”, but have their own organizational and methodological features.

List of cited literature:

1. Konvencija o pravah invalidov (Prinjata rezoljuciej 61/106 General’noj Assamblei ot 13 dekabrja 2006 goda) [Jelektronnyj resurs].URL:tp://www.un.org/ ru/documents/decl_conv/conventions/disability. shtml (Data obrashhenija: 15.04.2024) [Convention on the Rights of Persons with Disabilities (Adopted by resolution 61/106 Of the General Assembly on December 13, 2006). (In Russian).

2. «Ob osnovakh okhrany zdorov’ya grazhdan v Rossiyskoy Federatsii». Federal’nyy zakon ot 21.11.2011 g., № 323-FZ. Rossiyskaya gazeta № 263 ot 23.11.2011 g. [On the Fundamentals of Health Protection of Citizens in the Russian Federation”. Federal Law of 21.11.2011, No. 323-FZ. Rossiyskaya Gazeta No. 263 of 23.11.2011]. (In Russian).

3. «O sotsial’noy zashchite invalidov v Rossiyskoy Federatsii». Federal’nyy zakon ot 24.11.1995 g. №181-FZ. Sobraniye zakonodatel’stva RF, 1995, № 48, st. 4563. [On Social Protection of Disabled Persons in the Russian Federation”. Federal Law of 24.11.1995 No. 181-FZ. Collection of Legislation of the Russian Federation, 1995, No. 48, Art. 4563]. (In Russian).

4. «O priznanii litsa invalidom» Postanovleniye Pravitel’stva RF ot 05.04.2022 g. № 588 [On recognizing a person as disabled” RF Government Resolution of 05.04.2022 No. 588]. (In Russian).

5. «O klassifikatsiyakh i kriteriyakh, ispol’zuyemykh pri osushchestvlenii mediko-sotsial’noy ekspertizy grazhdan federal’nymi gosudarstvennymi uchrezhdeniyami mediko-sotsial’noy ekspertizy». Prikaz Mintruda Rossii ot 26.07. 2024 g. № 374n. [On classifications and criteria used in the implementation of medical and social examination of citizens by federal state institutions of medical and social examination.” Order of the Ministry of Labor of Russia dated 26.07. 2024 No. 374n]. (In Russian).

6. «Ob utverzhdenii Poryadka ustanovleniya prichin invalidnosti». Prikaz Mintruda Rossii ot 16.02.2023 g. №90n. [“On approval of the Procedure for establishing the causes of disability.” Order of the Ministry of Labor of Russia dated 16.02.2023 No. 90n]. (In Russian).

7. «Ob utverzhdenii poryadka razrabotki i realizatsii individual’noy programmy reabilitatsii i abilitatsii invalida, individual’noy programmy reabilitatsii i abilitatsii rebenka-invalida i ikh form, a takzhe poryadka privlecheniya k razrabotke individual’noy programmy reabilitatsii i abilitatsii invalida i individual’noy programmy reabilitatsii i abilitatsii rebenka-invalida reabilitatsionnykh organizatsiy i poryadka koordinatsii realizatsii individual’noy programmy reabilitatsii i abilitatsii invalida i individual’noy programmy reabilitatsii i abilitatsii rebenka-invalida, vklyuchaya monitoring takoy realizatsii i predostavleniye informatsii o rezul’tatakh monitoringa v vysshiy ispolnitel’nyy organ sub”yekta Rossiyskoy Federatsii». Prikaz Mintruda Rossii ot 18.09.2024 № 466n. [On approval of the procedure for developing and implementing an individual rehabilitation and habilitation program for a disabled person, an individual rehabilitation and habilitation program for a disabled child and their forms, as well as the procedure for involving rehabilitation organizations in the development of an individual rehabilitation and habilitation program for a disabled person and an individual rehabilitation and habilitation program for a disabled child and the procedure for coordinating the implementation of an individual rehabilitation and habilitation program for a disabled person and an individual rehabilitation and habilitation program for a disabled child, including monitoring of such implementation and providing information on the monitoring results to the highest executive body of a constituent entity of the Russian Federation.” Order of the Ministry of Labor of Russia dated September 18, 2024 No. 466n]. (In Russian).

8. Ofits. internet-portal pravovoy informatsii (www. pravo.gov.ru) [Official Internet portal of legal information (www.pravo.gov.ru)].