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2014-06-24

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SOCIAL STUDY
UDC 303
T.V. Fogel
Krasnodar state university
of culture and arts
Krasnodar, Russia
fogel.t@yandex.ru
LAW SOURCES OF SOCIAL-ASSISTANT PRACTICES FORMATION:
EXPERIENCE OF TWO REGIONS COMPARISON
[Правовые источники формирования социально-помогающих практик:
опыт сравнения двух регионов]
It is considered the construction of social-assistant practices, which occur not only due to internal sources of selfdevelopment, but also with some support of the state, using state-legal mechanism of formation. The relevance of research on the social-assistant practice confirms the need to find new social bases of human existence in modern society.
Number of regional regulations, affecting the subject of social-assistant practices vary depending on the region. The
author reveals the differences in legislation between the two regions and is considering a legal mechanism for the formation of social-assistant practices.
Key words: socio-help practices, legal mechanism of formation, charity, normative legal act.
Socio-help practices - this kind of activity based on humanistic principles and aimed at organizing various assistance to people in need of support. This combination of social, helping potential
and helps types of action, to the benefit of others in the range from minimum participation through
various forms of social charity to direct personal assistance to a person
The relevance of research on the socio-help practice confirms the need to find new grounds
and orientations of human existence. According to the Concept promoting charity and volunteering
in the Russian Federation [1], the activation potential of philanthropy and volunteerism as a resource for the development of society is necessary, since it contributes to the formation and dissemination of innovative practices of social activity, solving social problems.
The aim of the study is to examine some regional regulations, affecting the development of
socio-help practices. Task performs a comparative analysis of the legal framework of the two regions of interest in the period 2000-2014gg .: Krasnodar Krai and the Republic of Mari El. Hypothesis of the study is the assumption that the number of regional regulations, affecting the subject of
socio-help practices may vary depending on the region and expressed in volume and quantity.
In the Krasnodar region has a number of regulations, designed in accordance with their concept to promote socio-help practices. These include laws of the Krasnodar Territory of 26.11.2003
N 627-CP (ed. By 13.03.2008) "On the interaction of bodies of state power of the Krasnodar Territory and public associations" (adopted 19.11.2003 AP QC) and from 30.04.2002 N 473- CG (ed. by
28.12.2004) "On charitable activities in the Krasnodar Territory" (adopted ZC QC 24.04.2002).
Important document is the Law of Krasnodar Region 30.04.2002g. Number 473 KZ "On charitable activities in the Krasnodar Territory." The law provides a definition of charity, specified its
objectives and participants, forms of exercise, set the direction of supporting charitable activities by
public authorities of the region and local authorities, encouraging forms of charity. The law regulates the exercise of charity and creates the conditions for its distribution in the Krasnodar Territory.
Noteworthy in the above Law Article 7 of the forms of promotion of charitable activities,
providing the opportunity of rewarding donors and volunteers with state awards. The article of the
law stipulates that "in order to raise the status of charities and social recognition of its importance
by the Legislative Assembly of Krasnodar Region and the Krasnodar Territory Administration can
be carried out competition among the participants of charitable activity to identify the persons taking the most active part in the charitable activities in the Krasnodar Territory. Under this Act of the
Legislature of the Krasnodar Territory can reward active participants in charitable activity Honorary
Diploma of the Legislative Assembly of Krasnodar Region. "
The Law "On the interaction of state authorities in Krasnodar Krai and public associations" is
important for the approval of socio-help practices. According to the results of sociological research
on the understanding of the role of nonprofit organizations in the development of society and participation in the activities of NGOs, conducted in 2006 Methodical center at the head of the Council of
Administration of Krasnodar Region for the Development of Civil Society and Human Rights, revealed that one of the priorities of organizations recognized charity (30%). According to 42% of the
respondents (surveyed 293 non-profit organizations), an indicator of the priority forms of NGO activities are charitable actions [2]
Important is the Law of Krasnodar region from 23.04.2013 № 2697-CP (ed. By 04.02.2014)
"On free legal aid in the Krasnodar Territory." Was passed by the Legislative Assembly of Krasnodar Region April 16, 2013, regulates the provision of free legal aid.
It should be noted Krasnodar Kray Law of 05.11.1998 № 153-CP (eds. From 02.03.2009) "On
the payment of foster parents and measures of social support provided by foster families in the
Krasnodar Territory" (adopted ZC QC 27.10.1998).
July 14, 2011 by the Legislative Assembly of Krasnodar Territory passed a law from
19.07.2011 №2312-year CG (eds. From 30.12.2013) "On patronage in the Krasnodar Territory",
which establishes, in accordance with the legislation of the Russian Federation a foster shaped device in the Krasnodar Territory of children -sirot and children left without parental care. The law
says the need to help children in need of state protection and find themselves in a difficult situation,
living in the biological family. Shown additional measures on social support of persons from the
number of orphans and children left without parental care.
The edge of the official documents that are not normative, but are aimed at promoting sociohelp practices, noted the adoption of the Legislative Assembly of Krasnodar Region 25.10.2006, the
regional program of state support for NGOs and Civil Society Development for 2007-2009.
In the Republic of Mari El are two of the law. One Law of the Republic of Mari El from
27.11.2003 № 47-W (ed. By 12.02.2013) "On the provision of free legal aid to citizens" (adopted
by the State Assembly ITR 27.11.2003). This law defines the limits of authority of the Republic of
Mari El procedure for the exercise by citizens of the Russian Federation the right to qualified legal
assistance free of charge.
The second legal document of interest to us - is the Law of the Republic of Mari El from
30.11.2006 № 60-W (ed. By 01.08.2013, as amended. From 11.29.2013) "On a foster family" (State
Assembly adopted 28.11.2006 RME). The law in accordance with federal law regulates legal relations associated with the device of minors in family custody or guardianship under the contract of
foster care and not under a contract of foster care (foster care).
From the official republican documents that are not normative, but are aimed at the promotion
of socio-help practices, we note the government's program of Mari El Republic "Development of
partnerships between public authorities and non-profit organizations of the Republic of Mari El
(2003-2005)." This program regulates relations in the field of definition of the basic principles and
forms of cooperation between public authorities of the Republic of Mari El with non-profit organizations. The program spelled out the conditions of implementation (implementation) of the state and
social programs of the Republic of Mari El, with the support of social programs of non-profit organizations, public and civic initiatives, volunteer activities, and identifies the main forms of support to
non-profit organizations.
References
1. On the Concept of promoting charitable activities of volunteers in the Russian Federation:
Russian Federation Government Decree on 30.07.2009 № 1054-p // Meeting of the legislation of the Russian Federation. 2009. N 32. Art. 4052
2. Annual report of the Head of Administration of Krasnodar Krai on the status of citizens, society and human rights in Krasnodar Krai // Official Site Administration of the Krasnodar
Territory. URL: http://v3.admkrai.krasnodar.ru
Литература
1. О Концепции содействия развитию благотворительной деятельности добровольчества
в Российской Федерации: Распоряжение Правительства РФ от 30.07.2009 № 1054-р //
Собрание законодательства РФ. 2009. N 32. Ст. 4052
2. Ежегодный доклад главе администрации Краснодарского края о состоянии гражданского общества и прав человека в Краснодарском крае // Официальный сайт администрации Краснодарского края. URL: http://v3.admkrai.krasnodar.ru
November, 18, 2014
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