1) Constitution of the Russian Federation, adopted by popular vote 12.12.1993 g.
Proclaiming man, his rights and freedoms are of the highest value, and recognition, observance and protection of human and civil rights and freedoms – duty of the state, The Constitution of the Russian Federation establishes, that Russia is a democratic legal and social state, in which the rights and freedoms of man and citizen determine the meaning, the content and application of laws and are ensured by justice, and whose policy – based on responsibility to present and future generations, desire to ensure their well-being and prosperity – aimed at creating conditions, ensuring a decent life and free human development (Preamble, articles 1, 2, 6, 7, 17, 18, 19, 21, 27, 45 Constitution).
2) Convention on the Rights of Persons with Disabilities, accepted resolution 61/106 UN General Assembly from 13 December 2006 g.
Ratified by the Russian Federation and forming an integral part of its legal system by virtue of Article 15 Constitution of the Russian Federation The Convention on the Rights of Persons with Disabilities recognizes the right of persons with disabilities to an adequate standard of living and social protection, and also imposes on the state the obligation to ensure that such persons are able to fully exercise all human rights and fundamental freedoms on an equal basis with others. States Parties accept, including with support from other disabled people, effective and appropriate measures to, to empower people with disabilities to achieve and maintain maximum independence, full physical, mental, social and vocational abilities and full inclusion and inclusion in all aspects of life (articles 2, 5, 9, 19 The convention).
3) Resolution of the Constitutional Court of the Russian Federation dated 1 July 2014 year N 20-P
By virtue of the provisions of the Constitution of the Russian Federation and international legal acts in the implementation of legal regulation of public relations with the participation of people with disabilities, including disabled children, it is necessary to take into account their interests and needs as individuals, those in need of increased social protection, which involves the creation of special legal mechanisms, aimed at providing people with disabilities with additional benefits and guaranteeing them the right to equal opportunities with other citizens in the exercise of constitutional rights.
4) Federal law dated 24.11.1995 No. 181-FZ "On social protection of disabled people in the Russian Federation"
Realizing their powers in the field of social protection of disabled people, The federal legislator established a system of social support measures, providing disabled people with conditions to overcome, substitution (compensation) restrictions on life activity and aimed at creating opportunities for them to participate in the life of society equal to other citizens. These kinds of state-guaranteed measures are provided for, in particular, by the Federal Law “On Social Protection of Disabled Persons in the Russian Federation”.
but) article 3.1 “Inadmissibility of discrimination on the basis of disability”;
b) article 15 “Ensuring unimpeded access for people with disabilities to social facilities, engineering and transport infrastructure";
in) article 15.1 "State control (supervision) ensuring accessibility of social facilities for disabled people, engineering and transport infrastructures and services provided";
g) article 16 “Responsibility for evading the requirements for creating conditions for unhindered access of people with disabilities to social facilities, engineering and transport infrastructure";
d) article 33 “The right of people with disabilities to create public associations”
_______________________________________________________________________________
A comment: These provisions are mandatory. In turn, part 1 articles 15 in terms of ensuring accessibility of communication facilities for disabled people, social, At the Prosecutor's Office of the Nizhny Novgorod Region, vehicles used with 01.07.2016 only for new or refurbished, modernized facilities (Federal law dated 01.12.2014 No. 419-FZ).
A comment: securing the named obligations of the provisions of Art.. 15 Federal law from 24.11.1995 No. 181-FZ are of a general nature, specification of these provisions, in particular in the legislation on urban planning, technical regulation, determines the activities of public authorities, local governments, other organizations in this area.
One of the means of concretizing these provisions of the law is the normative consolidation of the requirement for the accessibility of buildings and structures - social and other facilities., which follows from the provisions of the Town Planning Code of the Russian Federation and the Federal Law of 30.12.2009 g. No. 384-FZ "Technical regulations on the safety of buildings and structures".
_____________________________________________________________________________
5) Urban Development Code of the Russian Federation (articles 2, 48, 51) and Federal law dated 30.12.2009 g. No. 384-FZ "Technical regulations on the safety of buildings and structures" (articles 3, 8, 12, 15, 30).
6) Resolution of the Government of the Russian Federation from 29.03.2019 g. № 363 “On approval of the state program of the Russian Federation “Accessible Environment”.
Stages and timing of the Program implementation 2011 – 2025 the years, including
Stage I – 2011 – 2012 the years;
Stage II – 2013 – 2015 the years;
Stage III – 2016 – 2018 the years;
Stage IV – 2019 – 2020 the years;
Stage V – 2021 – 2025 the years
7) Resolution of the Government of the Russian Federation from 17.06.2015 g. № 599 “On the procedure and timing for development by federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local government bodies take measures to increase the values of accessibility indicators for people with disabilities of objects and services in established areas of activity".
8) Resolution of the Government of the Russian Federation from 26.12.2014 g. № 1521 “On approval of the list of national standards and codes of practice (parts of such standards and codes of practice), as a result of which, on a mandatory basis, compliance with the requirements of the Federal Law "Technical Regulations on the Safety of Buildings and Structures".
9) JV Code of Practice 59.13330.2012 “Accessibility of buildings and structures for people with limited mobility”, approved. By order of the Ministry of Regional Development of Russia dated 27.12.2011 № 605.
______________________________________________________________________
A comment: specific parameters for the accessibility of buildings and structures for people with disabilities are specified in the Code of Rules of the SP 59.13330.2012 “Accessibility of buildings and structures for people with limited mobility”, approved. By order of the Ministry of Regional Development of Russia dated 27.12.2011 № 605.
A comment: in accordance with By order Ministry of Construction of Russia from 14 November 2016 g. No. 798/pr s 15.05.2017 g. this Code of Rules is recognized as subject to application in relation to the paragraphs of this Code of Rules, included in Scroll national standards and sets of rules (parts of such standards and codes of practice), as a result of which, on a mandatory basis, compliance with the requirements of the Federal Law "Technical Regulations on the Safety of Buildings and Structures", approved. Resolution Government of the Russian Federation from 26 December 2014 g. № 1521, until appropriate changes are made to the said List.
____________________________________________________________
In accordance with the specified List, approved. resolution Government of the Russian Federation from 26 December 2014 g. № 1521 The following provisions of the Code of Rules of the joint venture are subject to mandatory application 59.13330.2012:
section 1 «Application area" (points 1.1 – 1.6),
section 2 "Normative references",
section 4 "Requirements for land plots" ("4.1 Entrances and traffic routes" points 4.1.2 – 4.1.11, paragraphs one – fifth point 4.1.12, points 4.1.14 – 4.1.16, paragraph one of paragraph 4.1.17; "4.2 Parking lots for disabled people" points 4.2.1 – 4.2.4, 4.2.6; “4.3 Landscaping and recreational facilities” points 4.3.1, 4.3.3 – 4.3.5, 4.3.7),
section 5 «Requirements for premises and their elements" («5.1 Entrances" points 5.1.1 – 5.1.3, paragraphs one – third and fifth point 5.1.4, paragraph one of paragraph 5.1.5, points 5.1.6 – 5.1.8; "5.2 Traffic paths in buildings" points 5.2.1 – 5.2.4, 5.2.6 – 5.2.11, 5.2.13, paragraphs one and second paragraph 5.2.14, points 5.2.15 – 5.2.17, paragraph one of paragraph 5.2.19, points 5.2.20 – 5.2.32, second paragraph 5.2.33, points 5.2.34; "5.3 Sanitary facilities" points 5.3.1 – 5.3.9; "5.4 Internal equipment and devices" points 5.4.2, 5.4.3; "5.5 Audiovisual information systems" points 5.5.1, 5.5.2, paragraph one of paragraph 5.5.3, points 5.5.4 – 5.5.7),
section 6 «Special requirements for places of residence of disabled people",
section 8 «Special requirements for places of employment"
application «G» (Calculation of the number of elevators, necessary for the evacuation of disabled people from safety zones)
______________________________________________________________________
A comment: This set of rules is intended for the development of design solutions for public, residential and industrial buildings, which should provide for disabled people and other groups of the population with limited mobility equal living conditions with other categories of the population, based on the principles of universal design (the design) (P. 1.1 JV Code of Practice 59.13330.2012).
The requirements of this document must be taken into account when designing new, reconstructed, subject to major repairs and adaptable buildings and structures. If it is impossible to fully adapt the facility to the needs of MGN during reconstruction, major repairs of buildings and structures, etc., design should be carried out within “reasonable accommodation” when coordinating the design assignment with territorial social protection bodies of the appropriate level and taking into account the opinion of public associations of people with disabilities (P. 1.2 JV Code of Practice 59.13330.2012).
Reasonable accommodation: Application, when it is needed in a specific case, necessary and appropriate modifications and adjustments, not becoming a disproportionate or unjustifiable burden, to ensure that persons with disabilities enjoy or enjoy, on an equal basis with others, all human rights and fundamental freedoms (article 2 Convention on the Rights of Persons with Disabilities, adopted resolution 61/106 UN General Assembly 13 December 2006 g.).
Universal project (design): Project (design) items, situations, programs and services, designed to make them usable to the greatest extent possible by all people without the need for adaptation or special design. Universal project (design) does not exclude assistive (specialized) devices for specific groups of disabled people, where necessary (article 2 Convention on the Rights of Persons with Disabilities, adopted resolution 61/106 UN General Assembly 13 December 2006 g.).
Design solutions for buildings and structures in order to ensure accessibility of buildings and structures for people with disabilities and other groups of the population with limited mobility must ensure:
1) their reach to places of visit and unhindered movement inside buildings and structures;
2) safety of traffic routes (including evacuation), as well as places of residence, places of service and places of employment of specified population groups;
3) timely receipt by MGN of complete and high-quality information, allowing orientation in space, use equipment (including self-service), receive services, participate in the labor and learning process, etc.;
4) convenience and comfort of the living environment for all groups of the population
(article 30 Federal law from 30.12.2009 g. № 384-FZ, P. 1.5 JV Code of Practice 59.13330.2012).
_____________________________________________________________________________
10) By order Ministry of Construction and Housing and Communal Services of the Russian Federation from 14.11.2016 g. No. 798/pr approved JV Code of Practice 59.13330.2016 “Accessibility of buildings and structures for people with limited mobility” (put into effect 15.05.2017 g.).
_____________________________________________________________________________
A comment: Currently, this Set of Rules of the joint venture 59.13330.2016 included in Scroll documents in the field of standardization, as a result of which, on a voluntary basis, compliance with the requirements of the Federal Law No. 30 December 2009 g. No. 384-FZ "Technical regulations on the safety of buildings and structures" (Order of Rosstandart from 30.03.2015 № 365).
The use of this document on a mandatory basis is not provided for by law..
_____________________________________________________________________________
